Cooking & Kitchenware
1) Unless otherwise agreed in writing, all of our agreements are subject to these Terms and Conditions, exclusive of the terms and conditions of the contracting party. The execution of an order, implies the contracting party accepts these Terms and Conditions of Sale and waives his own terms and conditions.
2) The information in our catalogues, prospectus and price lists is provided for information purposes only and do not imply any commitment on our part.
3) We reserve the right at any time, to modify or discontinue our offer, provided that it has not already been accepted by the contracting party.
4) The agreement will be deemed as accepted, only after provision of our confirmation in writing.
5) All prices mentioned in this agreement are calculated based on prices valid at the date the agreement is signed. Any price increase imposed before the delivery date will, by right, result in a revision of the prices outlined in the agreement.
6) The delivery time frames are indicative only and are not binding. The contracting party may not under any circumstances claim any damages or interest, nor terminate the agreement owing to indicative delivery times being exceeded.
7) All complaints relating to our deliveries must be communicated to us within one week of receipt of the goods by registered letter, under penalty of foreclosure. In order to be admissible, any dispute relative to prices charged must be communicated to us within one week of the invoice date by registered letter. Any response to an untimely complaint shall not be considered to be a waiver of this time frame. Unless otherwise evidenced by the client, the invoice will be deemed to be received by the client two working days after the invoice date.
8) All goods supplied by us remain in our ownership until receipt of payment in full, including any possible damages or interest incurred, in derogation from Article 1583 of the Civil Code. Notwithstanding, this retention of title, all risks pertaining to the goods are immediately transferred to the contracting partner. In the event of the cancellation of an order, the client is required to pay an indemnity to the value of 30% of the contract price, unless LivWise can prove that the damage incurred exceeds this amount. Equally, if LivWise cancels a consumer order, without cause, they are required to pay 30% in damages and interest to the consumer. Any amount paid, following an order placed, is considered final by LiveWise S.A.
9) Unless otherwise stipulated, all invoices are payable within 30 days of receipt. Payments through representatives, intermediaries or third-parties are not authorised.
10) Any invoice not paid by the due date will, by right, be subjected to interest at a rate of 10% of the total amount due or at the rates of interest laid down in accordance with Act 02/08/2002 on combating late payments in commercial transactions, whichever is greater, and without prior formal notice. Any down payments will serve, first and foremost, towards paying off the interest accrued. Failure to pay full or partial amount due by the due date, without urgent cause, or after any applicable grace period the debit balance will be increased by 10% with a minimum fee of €50, even if a grace period has been granted, by way of lump-sum compensation. LiveWise S.A. is liable for the same indemnity vis-à-vis the consumer, if they do not respect their contractual obligations. In the event that a summons would be required to be sent, a fee of €35 will be incurred, in addition to the above.
11) Our warranty does not override that of our potential supplier - manufacturer. Furthermore, the client must carry out a check on the goods at the time of their receipt. Without prejudice to prior agreement, the goods are deemed to have been irrevocably accepted in the absence of a written complaint within one week of receipt of the goods, in which case they are fully or partially commissioned. This acceptance takes into account all visible defects.
12) Any invoice unpaid by its due date will result in, by right and without prior formal notice, the payability of all other outstanding invoices, including those, which are not overdue.
13) In the event of non-payment of an invoice by its due date or of a change to the status of the contracting party (such as death, incapacity, dissolution or modification of the company, accepted bill of protest, dubious solvency, concordat, bankruptcy, LCE etc.) we reserve the right to stop any further deliveries and to terminate any existing agreements with the contracting party, without being liable to pay any compensation to the contracting party.
14) Any legal action to be taken by a client against LivWise should be instigated within six months of delivery of goods, under penalty of foreclosure. Regarding any hidden defects, action should be taken within six months of discovery of the fault, under penalty of foreclosure. Any negotiations do not suspend the due date for payments.
15) All disputes will be exclusively settled by the Ghent Court of Appeal. All of our agreements are regulated by The Law of Belgium.