Article 1 Application of our general terms and conditions
1.1 The general terms and conditions of Seiton BV (hereinafter "Seiton" or "Seller") shall apply to all offers and contracts entered into to the exclusion of any other or contrary terms and conditions unless expressly stipulated otherwise. The Seller reserves the right to change the terms and conditions unilaterally. These terms and conditions have been drawn up in Dutch, if any interpretation problem arises in case of translation into another language, this version shall prevail.
1.2 Signing the offer, placing the order online and/or signing/executing the contract also implies the general and final acceptance of these general terms and conditions.
1.3. Buyer accepts electronic communication. Buyer acknowledges and accepts the Privacy Policy as displayed on the website.
Article 2 Offers and agreements
2.1 Price quotations/ online offers are provided by Seiton purely by way of information and are not binding on Seiton. Price quotations/offers are based on the then current values of materials and services and the probable quantities stated at that time. Seiton is not bound by the offer if the offer, or any part, contains an obvious material mistake or error.
If the aforementioned values change, Seiton has the right to adjust the prices proportionately. All taxes of any kind shall be borne by the Buyer. If, at the request of the Buyer, VAT discrepancies are allowed which subsequently upon inspection are found to be incorrect, the Buyer shall intervene in payment of the VAT not levied and any additional penalty and interest imposed by the competent authority.
2.2.Seiton's proposals/offers do not imply any commitment. Representation statements and orders are valid only when accepted or confirmed in writing by a legally valid representative of Seiton. The Buyer is irrevocably committed by signing the quotation/confirmation of the offer. Seiton reserves the right to refuse or cancel an order or a delivery in case of (i) an existing legal dispute with a Customer or, (ii) refusal of authorization of payment by the financial organism controlling the payment or (iii) on the grounds of due cause or apparent misuse of the goods.
Article 3 Deliveries and risks
3.1. The goods can be picked up at the pick-up points made available on the website or can be delivered directly provided that the customer has a forklift and a driver of the forklift is present at the time of delivery. Our drivers (or those of our logistics partner) are not allowed to drive the forklift. For direct deliveries, the goods are always transported at the expense and risk of the Buyer. The delivery costs will be made known to you at the time of the order.
Seiton allows only officially accepted distributors by them and provides them with the ordering conditions, these ordering conditions are the same for each accepted distributor. It is not allowed to sell products without Seiton's permission, the Buyer accepts this. The end customer can find the ordering conditions at these official distributors.
Delivery conditions may vary depending on the location of the Buyer and will be communicated to the Buyer by region. The conditions displayed are valid for the Belgian territory. Free delivery is possible from 3 packs per delivery point. Free delivery is understood as 35€/package (this fixed sales price shown here does not take into account fluctuations of world prices in the wood sector and may therefore fluctuate to future goods, when a new order is placed, in any case the prices indicated at that time apply). Distributors are required to have a minimum sales recommended price that is also visible to the end customer, the official distributor accepts this. Seller reserves the right to change the price according to fluctuations in prices of raw material, dollar or transportation costs (not exhaustive) and these will take effect immediately upon notification to this effect.
3.2. Except in cases of intent or gross negligence, the Seller shall not be liable if, on the occasion of delivery, damage has been caused to items in the Buyer's custody.
3.3. The Buyer is obliged to make delivery possible and to provide the necessary material for this purpose so that the products can be delivered. Any damages incurred by Seller due to non-delivery shall be borne by Buyer.
3.4. The stated delivery period is always indicative.
Article 4 Terms of payment - protest
4.1. The price depends on the chosen offer, product or service. The buyer can always consult the current quotation on the website (excluding taxes and costs). The prices shown are in euros. Additional orders will be charged separately in accordance with current prices.
All invoices, both final and partial, are payable in cash and without discount within 30 days of the invoice date at Seiton's place of business, unless expressly agreed otherwise. Seiton reserves the right to require additional guarantees or advance payments on an order.
4.2. Each payment shall be charged against the oldest due invoice, and first against interest and costs due.
4.3. In case of late payment, Seiton reserves the right to interrupt deliveries still to be made until the invoice is paid, without the Buyer being able to claim any compensation for this. Seiton shall decide when to restart deliveries, without being liable for any compensation. If Seiton suffers any damage (both direct and indirect) as a result of this suspension, the Buyer will have to compensate it.
4.4. Any delay in payment by the Buyer shall make all sums due and payable by operation of law and without notice of default.
4.5. If the allowed term of payment is exceeded, an interest of 1% per month as of the due date shall be payable on the amounts due by operation of law and without any prior notice of default. In addition, any amount remaining unpaid on its due date shall be increased by right and without any notice of default by 12% by way of liquidated damages and with a minimum of €150.00 per invoice and a maximum of €1500, even if terms of grace are granted.
4.6. Any protest with respect to invoices must be delivered to Seiton by registered letter within a period of 8 days and must explain the reason for the protest with justification. In the absence of timely protest, invoices are definitively accepted and payment is due.
4.7. In the event of death, bankruptcy, incapacity, apparent insolvency, suspension of payment, reorganization, dissolution, change of company or any other fundamental change in the purchaser's legal situation, or in the event of non-payment of a single delivery, or in the event of non-compliance with the stipulated special terms of payment, Seiton reserves the right either to regard the contract as dissolved by operation of law, or to suspend deliveries and/or to halt further orders/deliveries for as long as necessary. This without the buyer being able to claim any compensation for this and without prejudice to the possibility of claiming compensation for Seiton for damages incurred.
Article 5 Acceptance and complaints
5.1. Verification of the quantities delivered shall be carried out jointly at the time of collection. No complaint, with the exception of those for hidden defects, shall be admissible if the grievances, accurately described, have not been sent by the Buyer to the Seller by registered letter within three days. The following shall not be considered as defects in conformity, whether visible or hidden: slight differences in color or slight differences in the dimensions of goods, insofar as they are unavoidable from a technical point of view or are generally accepted or inherent to the materials.
5.2. The delivered goods that are the subject of a complaint must be kept untouched by the Buyer as they were at the time of delivery until the Seller has been able to investigate the merits of the complaint, which it is obliged to do without delay.
5.3. Except in the case of hidden defects, the processing of materials shall always constitute acceptance thereof. The Seller is in no way liable for contracting work with the delivered products. The Buyer undertakes to use the products in a proper manner and acknowledges having the necessary information and skills in this respect.
5.4. The filing of complaints does not entitle the Buyer to suspend payment for delivered goods.
Article 6 The right of withdrawal
6.1. The provisions of this article apply only to Buyers who purchase items online from Seiton in their capacity as consumers. Orders by Buyer B2B (Companies) are excluded from the right of withdrawal.
6.2. If the right of withdrawal applies:
The Buyer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the good.
To exercise the right of withdrawal, the Buyer must inform Seiton BV, by an unequivocal statement (e.g. e-mail) of its decision to withdraw from the contract. To comply with the withdrawal period, the Buyer must send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.
The Buyer must return or hand over the goods to Seiton BV without delay, but in any event no later than 14 calendar days after the day on which it communicated its decision to withdraw from the contract to Seiton. The Buyer is on time if he returns the goods before the period of 14 calendar days has expired. The direct costs of returning the goods shall be borne by the Buyer.
The Buyer is requested to return the items in their original condition and packaging, with all accessories provided, and instructions for use. If the returned item is in any way diminished in value, Seiton reserves the right to hold the Buyer liable and claim compensation for any diminution in the value of the goods resulting from the Buyer's use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.
All returned items are carefully examined. The premise here is that the consumer may only inspect the item as he would be permitted to do in a store. Returned items may not have been used. If an item has been impaired by the Buyer's use it will be charged to the Buyer.
If the Buyer revokes the agreement, Seiton BV will refund to the Buyer all payments received from the Buyer up to that time, within a maximum of 21 calendar days after Seiton has been notified of the Buyer's decision to revoke the agreement. For sales contracts, Seiton may wait to refund until it has received all the goods back, or until the Buyer has demonstrated that it has returned the goods, whichever comes first. Any additional costs resulting from the Buyer's choice of a mode of delivery other than the least expensive standard delivery offered by Seiton will not be refunded.
The Buyer cannot exercise the right of withdrawal for:
Article 8 Retention of title
8.1. Until full payment and fulfillment of all obligations under the purchase agreement, the goods delivered shall remain the property of the Seller. The Buyer undertakes to draw the attention of third parties to Seiton's retention of title, if necessary, e.g. to any person who would come to seize items not yet paid for in full.
Article 9 Nullity
9.1 If any provision of these general terms and conditions is void, the other provisions will remain in full force and effect and Seiton and the Buyer will mutually agree to replace the void provision with another provision that approximates the purpose and intent of the void provision as closely as possible.
Article 10 Taxes, subsidies
10.1 Increases in taxes, fees, duties or charges on account of the government which did not exist when the offer was prepared shall be borne by the Buyer. Changes in subsidies and support measures between the time the offer was prepared and the time the applications were submitted shall also be borne by the Buyer.
Article 11 Applicable law - competent court
11.1 Belgian law applies to Seiton's agreements.
11.2 Any dispute relating to the conclusion, validity, execution and/or termination of the agreement between Seiton and the Buyer shall be settled by the competent Court of West Flanders, Kortrijk Division. For Buyers who are consumers, the ODR platform can be consulted for online purchases.
Seiton BV
Slabbaard Street-South 51
8870 Izegem
BE 0728.642.719
