GENERAL TERMS AND CONDITIONS

Table of Contents:

• Article 1 – General
• Article 2 – Application
• Article 3 – Offer
• Article 4 – Agreement
• Article 5 – Price and Payment
• Article 6 – Delivery and Execution
• Article 7 – Right of Withdrawal
• Article 8 – Liability and Warranty
• Article 9 – GDPR / Data Protection
• Article 10 – Applicable Law and Competent Court

Article 1 – General

In relation to the general sales conditions, the following definitions apply:

1. Seller: BALO LIVING IN STYLE
2. Customer: the natural or legal person who accepts a quotation from the seller and/or purchases one or more product(s) in the seller’s store or via the seller’s webshop.
3. Order: any offer, quotation, order, delivery of goods or services and/or invoice.

Article 2 – Application

These general terms and conditions apply to every order made by the customer with the seller, including distance contracts, unless otherwise agreed in writing by all parties.

These general terms and conditions form an integral part of the agreement and govern the legal relationship between the parties.

These general terms and conditions shall be made available to the customer. They are deemed to have been expressly and irrevocably accepted by the customer upon signing or confirming an order form, quote or agreement, or by payment of an invoice regardless of prior correspondence, and prevail over any other terms and conditions of any nature whatsoever presented by the customer.

If one provision of these general terms and conditions is void, this does not affect the validity or enforceability of the remaining provisions.

Article 3 – Offer

The offer is valid for 30 days. The seller reserves the right to change sales prices and the prices in offers, as long as they have not been explicitly accepted. The seller is entitled to adjust the price in offers at any time due to changes in fixed and/or variable costs resulting from changes in the structure of, for example, raw materials, labor, energy prices, fuel.

The offer contains a general description of the products and/or services offered. Every offer contains such information that the customer knows clearly what rights and obligations are attached to acceptance of the offer. Obvious mistakes or errors in the offer do not bind the seller.

Article 4 – Agreement

The agreement is concluded by acceptance by the customer of the quotation, either by signing it or by any other writing (e.g. email) or act from which acceptance is clear, and acceptance of the order by the seller. The seller always reserves the right not to accept the customer’s order or, if accepted, to dissolve the sale without owing the customer any compensation. In that case, the seller is obliged to refund any amounts already paid.

Article 5 – Price and Payment

Prices for products are always in euro and subject to VAT. For each order, the buyer owes an initial deposit of at least 30% of the full invoice amount. Once the seller receives this deposit, the order is placed with the supplier.

A second deposit of 60% is due as soon as the goods are in the seller’s stock but delivery cannot take place within 30 days of the first delivery request due to reasons attributable to the customer.

The total price payable by the customer is the price stated on the accepted quotation and the invoice. Invoices are payable no later than the day before delivery. If the customer pays via bank transfer, the customer must provide proof of transfer to the seller no later than the day before delivery.

The seller retains ownership of the goods until the invoice is completely paid.

Any unpaid invoice will, after sending a formal notice (first reminder) and expiry of at least fourteen (14) days, bear interest of 10% per annum. The fourteen-day period begins on the third business day after sending the reminder to the consumer. When the reminder is sent electronically, the fourteen-day period begins on the calendar day following the day on which the reminder was sent. The invoice amount will also increase after the fourteen-day period by the following fixed compensation:

a) €20 if the amount due is less than or equal to €150;
b) €30 plus 10 % of the amount on the bracket between €150.01 and €500 if the amount due is between €150.01 and €500;
c) €65 plus 5 % of the amount above €500, with a maximum of €2,000, if the amount due exceeds €500.

Overdue interest for a period of one year is compounded by right. In case of default in payment of any invoice on its due date, all invoices, regardless of their due dates, become immediately due and payable. In the event of a change in the customer’s status (death, bankruptcy, reorganization, dissolution, etc.), all outstanding claims by the seller become immediately due. Discounted products and outlet products cannot be returned or exchanged.

Article 6 – Delivery and Execution

The seller will exercise the greatest possible care when handling product orders and evaluating service requests. The place of delivery is the address indicated by the customer to the seller. The customer may also choose to pick up the order at the seller’s address.

All delivery times are indicative. For goods not in stock, the customer acknowledges that delays in supply lie beyond the seller’s control. Once a definitive delivery date is known, it will be communicated to the customer. No rights can be derived from indicative timeframes. Delays do not give the customer a claim for compensation.

The risk of damage to and/or loss of goods rests with the seller until the moment of delivery unless expressly agreed otherwise. In case of delivery being postponed at the customer’s request, the full invoice amount becomes immediately payable. Storage costs may be charged at a rate of 0.7 % of the invoice amount per 30-day period.

The seller may charge a flat-rate compensation of €185 plus any additional costs if, between 5 calendar days before the scheduled delivery date and the actual delivery date, the delivery is postponed at the customer’s request or through the customer’s fault.

Article 7 – Right of Withdrawal

In the case of distance purchases of products by a customer who is a consumer (e.g. via webshop https://balo.be/e-boutique), the provisions of Articles IV.58 et seq. of the Belgian Code of Economic Law (WER) regarding the right of withdrawal apply.

Article 8 – Liability and Warranty

The seller warrants that the goods at the time of delivery comply with the current sales specifications and are suitable for the use for which that type of goods is normally intended. The seller is not liable for defects due to normal wear and tear of materials, installation by third parties, intentional damage, negligence, abnormal conditions, or improper storage.

Showroom and outlet models are sold in their current condition. For purchases by a consumer, the provisions applicable to sales to consumers (e.g. in Art. 1649bis et seq. old Belgian Civil Code) shall apply.

The warranty period is reduced to one (1) year after the delivery date for showroom and outlet models. Notwithstanding the foregoing, the seller’s liability shall in no case exceed the total amount of the agreement.

Typographical, print or other errors or omissions in brochures, price quotations, price lists, offers, invoices or other documents or information of the seller (including on the website) do not bind the seller.

Article 9 – GDPR / Data Protection

The seller handles all personal data of former, current, and prospective customers confidentially and in accordance with applicable privacy legislation. Customers may at any time request access to, correct, modify or delete their data and are informed via the privacy statement available at www.balo.be or upon request from the seller.

Article 10 – Applicable Law and Competent Court

These Terms of Sale and all agreements between the parties are governed exclusively by Belgian law. In case of dispute, the territorial jurisdiction of the courts shall be determined based on the registered office address of the seller, namely in Mol.

BALO LIVING IN STYLE – 2400 Mol, Corbiestraat 24 – Company number (KBO) 0822.117.362