General Conditions and Terms of Sale
1. ACCEPTANCE OF OUR CONDITIONS
All orders are subject to our general terms and conditions of sale notwithstanding the buyer's general conditions. The buyer acknowledges having read the general terms and conditions and accepting all clauses, except express stipulation to the contrary. General conditions contrary to the present will only bind the parties if they are accepted by EGGO SA in writing.
The present general terms and conditions are applicable to all sales in Belgium. We reserve the right to modify the general terms and conditions at any time. However, contracts in effect are subject to the conditions applicable at the time the sale was made.
2. PAYMENTS AND CLAIMS
Payments are made in cash unless otherwise expressly stipulated. They must be made to EGGO SA. Invoices and drafts will always be payable to our head office at Rue Léon François 6-8, 5170 BOIS DE VILLERS.
Any claim regarding an invoice must be submitted by registered mail to our head office within 15 days of sending or it will be considered to be accepted. It is expressly agreed that the buyer may not suspend payments in the event of a dispute between parties as long as we are willing to carry out our own obligations.
3. TRANSPORT AND TRANSFER OF PROPERTY/DELIVERY INVENTORY SHORTAGE/PRICE
3.1. Transport and transfer of property
We will handle transport at the buyer's request. The seller will be liable for loss and damage until delivery is made.
Transfer of property to you is completed on full payment of the principal and fees. We reserve the right to repossess any merchandise that isn't paid in full on the final due date of the invoice after providing a final notification to pay the amounts due of 30 days.
Delivery of a kitchen must be made to a clean, dry, heated and enclosed room to avoid deterioration or theft.
In the case of an order for an equipped kitchen, the buyer can push back the delivery date as many times as needed as long as the supplier has not begun the production process. Production will start six weeks prior to the delivery date agreed with the customer. If the kitchen is already in production, delivery can be delayed once. In this case, the buyer may be billed for storage. The cost will be €50 per storage week started.
* However, a request to delay delivery of an equipped kitchen made eight days or less before the delivery date will result in:
- A new delivery deadline of maximum four to five weeks to enable the seller to reorganise delivery and installation.
- The refunding of all amounts owed to installers as a result of the very late change in the delivery date. The refund will be made on simple presentation of all documents showing the expenses incurred for this purpose.
Should the seller fail to meet the delivery date, the buyer has eight days to demand, by registered mail to our head office, that his order will be completed within 20 working days. If the seller does not deliver within that time frame, the buyer will be entitled to demand cancellation of the sale by registered letter, without prejudice to his right to request compensation in the amount of 5% of the sales price provided in Article 4.3 of these terms and conditions.
In the event that delivery of an equipped kitchen isn't possible within 24 months of the signature of the order form for reasons related to the buyer, EGGO will be entitled to consider that the buyer has waived the purchase. In this case, the penalties described in Article 5 will be applicable.
3.3. Inventory shortage
Should a supplier experience an inventory shortage, the buyer will be informed and will be given a new delivery date or an alternative offer.
Our prices are firm and definitive for one year after the signature of the purchase order.
4. PENALTIES IN THE EVENT OF NON-COMPLIANCE WITH CONTRACTUAL OBLIGATIONS
Each party expressly reserves the right to waive the standard amounts described below and to have recourse to common law by proving the existence and the amount of actual damages encountered as a result of the non-fulfilment of contractual obligations.
4.2. Late payment
In the event of non-payment by the due date, any amount owed by the buyer remaining unpaid will be legally increased by 15% without prior notification as set compensation for the prejudice suffered with a minimum due of €100 excluding VAT. Late payment interest at the legal rate in effect will also be due as of the invoice due date.
4.3. Late delivery
Late delivery of the kitchen ordered by the buyer will entitle him to request compensation in the amount of 5% of the sales amount without prejudice to the right to determine the prejudice actually suffered as a result of the late delivery of the goods purchased.
However, if items are missing, but do not hinder the kitchen's operation, the customer will not be entitled to request any compensation.
5. CANCELLATION PENALTY
Cancellation of an order by the buyer will be accepted in exchange for the payment of a cancellation penalty of 20% of the total amount of the order and a minimum of €100 exclusing VAT.
In the case of an order for an equipped kitchen, the buyer is entitled to cancel the order provided that the cancellation is made in good faith within 15 working days of the date of signature of the order form. Cancellation must be done by registered mail to the head office of EGGO SA. The down payment will be fully refunded, unless on-site measurements have already been taken. In this case, the cost of measuring (measurements and technical drawings) will be invoiced to the customer. The preceding paragraph will be applicable after this deadline.
6.1. Patent defect – claim period
To be taken into consideration, claims for goods lost or delivered with patent damage and for incomplete or non-conforming orders must be reported on the delivery document at the time of delivery. In the case of an order for an equipped kitchen installed by a sub-contractor listed by the company, all patent defects, damage and non-conformities must be reported to the installer at the time the work is accepted. Acceptance is done on the day of installation in the presence of the buyer and the installer. In the event of after sales service, the work must be accepted again when the work has been definitively and correctly completed. If the buyer doesn't accept the work and doesn't provide written notification within eight days, the goods and services supplied will be considered conforming and in good condition.
EGGO SA provides a full five-year warranty (labour and travel included) and a 10-year warranty on all equipped kitchen furniture, that is, furniture, hinges, drawers, and work surfaces. The warranty will take effect on the date of delivery of the kitchen. The warranty does not cover wear and tear resulting from abnormal conditions of use, incorrect assembly by the customer, inappropriate cleaning, scratches, impacts or accidents. Given that EGGO SA cannot guarantee that all of the items in your kitchen will still be included in our supplier's product line during the 10-year period, we will provide a suitable replacement solution. Notwithstanding this warranty, showroom kitchens are guaranteed for two years. The warranty takes effect on the date of delivery.
The legislation in effect at the time of sale will be applicable for other goods (appliances, faucets, filters, lamps, TV, etc.). Accessories are not covered by a warranty.
7. SHOWROOM KITCHENS
* In addition to the general terms and conditions above, the purchase of showroom kitchens will be subject to the following special conditions:
- 50% of the full purchase price must be paid at the time of purchase/order with the balance due at the time the goods are removed.
- The kitchen is sold as it is, after inspection and acceptance by the buyer at the time of purchase/order, it being understood that there will be no warranty for defects or faults found in the showroom.
- The warranty for appliances is limited to the one provided to us by the manufacturer and/or the importer as described in the documents provided with the items.
- The kitchen must be disassembled and removed by the buyer on the date set by EGGO SA and at the buyer's expense.
- If the kitchen is installed by the buyer, there will be no warranty of any kind.
8. INSTALLATION AND CONNECTION
With respect to the sale of an equipped kitchen with installation provided by a sub-contractor listed by EGGO SA, the price set for the service at the time of sale covers installation in a prepared room, that is, a site with solid walls that are straight and set square, a smooth and dry floor and functioning water, gas and electricity inlets at the areas indicated on the technical drawings as well as water drains and a hood.
The installations (water, gas, electricity) must expressly comply with the requirements and regulations in effect and the customer releases EGGO of any liability in this respect.
Should the installer discover a non-conformity at the room compared to the previously established contract that makes it impossible to continue the installation, Article 3.2 will be applicable; that is, a new deadline of maximum four to five weeks will be set to enable the seller to reorganise the installation and the refunding of all amounts which might be owed to the installers due to the last minute change in the installation date.
In the event that the installation is delayed because of EGGO SA, Article 4.2 will be applicable; that is, the buyer will be entitled to demand cancellation of the sale via registered letter without prejudice to the penalty of 5% of the sale price.
EGGO will proceed with the connection of appliances if this has been previously agreed, but only in existing and conforming installations. Connection means that the appliances are started up. Connection therefore excludes all electrical work, plumbing, carpentry, adjustments and other work required for the appliances to be operational.
Without prejudice to Article 74 of the Law of 6 April 2010 on market practices and consumer protection, the courts of Namur are deemed solely competent.