Terms & Conditions | Solid Wood Builds

Terms and Conditions

Terms and Conditions of Solid Wood Builds

Applicability of these terms and conditions
All quotations from, orders with, agreements with and deliveries and/or installations of timber building kits by Solid Wood Builds, Debeuckelaere Gebrs, with registered office at 8610 Kortemark, Amersveldestraat 213, registered in the RPR Ghent, Bruges division, under company number 0424 964.621 (info@solidwoodbuilds.be – +32 472 330 754 – www.SolidWoodBuilds.be), hereinafter referred to as “Solid Wood Builds”, are, with respect to the other party, hereinafter referred to as “the customer”, governed exclusively by these terms and conditions. A deviation from one of the provisions of these terms and conditions has no effect on the other provisions, which remain fully applicable. A deviation from these terms and conditions applies only to one order/assignment. These terms and conditions take precedence over any terms and conditions of the customer. The unenforceability and/or nullity of one or more (parts of) provisions of these terms and conditions has no effect whatsoever on the validity and enforceability of the remaining (parts of) provisions. Any provision that would have no effect is replaced by a valid provision that most closely reflects the presumed intention of the parties.
Quotation, agreement and prices
The quotations of Solid Wood Builds are – unless otherwise stated – valid for 30 calendar days from the date stated on the quotation. The customer promptly provides, both at the start of the agreement and during its term, all information required for the optimal performance of the agreement, as well as the necessary measurements. The price quoted by Solid Wood Builds for timber building kits or oak-framed garden buildings is based on the information provided by the customer and is therefore only an estimate based on the available data or on presumed quantities. All orders/assignments are accepted subject to sufficient stock and manufacturing possibilities at the suppliers of Solid Wood Builds. All deliveries of works and/or products that were not explicitly provided for in the quotation and/or agreement are deemed to be additional work and/or additional orders at the customer’s request and are charged to the customer as such. Unless the customer submits written protest within 72 hours of execution and/or delivery, works and/or products not mentioned in the agreement are irrefutably deemed to be additional work and/or additional orders. Discounts apply only to one order/assignment. All prices are exclusive of VAT and expressed in euros, without packaging and shipping costs. All current and future taxes and other costs, levies and/or charges, of whatever nature, for example VAT, are borne by the customer. Obvious mistakes or errors in the offer do not bind Solid Wood Builds. Solid Wood Builds may also request an advance payment of 50% of the total price of each order/assignment. Until this advance has been paid, the customer cannot claim any deliveries by or performances of Solid Wood Builds. The customer cannot derive any rights from images used by Solid Wood Builds; these are added for illustration only. The agreed price includes only the value of the goods, excluding transport, installation, technical support and any other costs.
Delivery, execution and deadlines
Stated dates and delivery periods are given for information only and their exceedance can under no circumstances give rise to dissolution of the agreement or compensation at the expense of Solid Wood Builds, nor do they give the customer the right to suspend its payment obligations. Solid Wood Builds nevertheless makes every effort to respect the stated dates and delivery periods. If Solid Wood Builds has not met its obligation to deliver the goods at the time agreed with the consumer, the consumer requests it, by registered letter, to make the delivery within an additional period of at least 30 days, unless a longer period is appropriate given the circumstances. All deliveries are deemed to take place at the warehouses of Solid Wood Builds and the risk of the goods passes at the moment the goods leave the warehouses of Solid Wood Builds. Shipment of the goods always takes place at the risk and expense of the customer. The customer must ensure that the works can be started immediately at the agreed time. Failing this, the direct and indirect costs arising from the loss of time will be charged to the customer, without prior notice of default. Solid Wood Builds may make partial deliveries and/or charge its delivery and services in various instalments. The customer is obliged to accept and pay for these partial deliveries before Solid Wood Builds has to proceed with a further delivery or service. Solid Wood Builds has the right to have the assignment, or part of it, carried out by a third party at its own discretion. The site must be provided free of charge by the customer with electricity and water. The customer ensures the careful storage of the timber building kits, goods, materials and supplies delivered to the site, and their security and insurance. If, due to force majeure and/or external cause, whether or not foreseeable on the date of concluding the agreement, the performance of Solid Wood Builds’s obligation becomes impossible or considerably more onerous, Solid Wood Builds can under no circumstances be held to performance or be held liable. In the event of force majeure and/or external cause, the parties have the right to terminate the agreement, without being liable for any compensation. Force majeure has effect only for the future. Advances paid to or charged by Solid Wood Builds are deemed definitively acquired as a lump sum for the execution and/or delivery up to that point, without prejudice to Solid Wood Builds’s right to charge for anything delivered and/or executed in excess if this is higher. Force majeure and/or external cause is understood to mean, for example (non-exhaustively): strike, lock-out, riot, terror, epidemic, illness, fire, flood, government measures in general, late delivery by the supplier, strike at the supplier, bankruptcy of the supplier, shortage of labour, shortage of fuel, destruction of machinery, weather conditions, etc.
Liability of Solid Wood Builds
Solid Wood Builds can in no way be held liable for damage or consequential damage on the part of the customer if this is a result of or partly caused by the customer itself, such as (non-exhaustively): incorrect or incomplete information, delay as a result of acts or omissions of the customer, disregard of the duty to mitigate damage, carrying out (or having carried out) works on the delivered and/or installed goods oneself, a structural defect, the age and/or a lack of maintenance of the property on or in which the goods are to be installed, etc. The customer is obliged to compensate Solid Wood Builds for the damage it would suffer as a result of the condition of the property and to indemnify it against third parties. The customer undertakes to insure damage to third parties that may arise during the performance of the agreement and to provide a waiver of recourse in favour of Solid Wood Builds. The customer cannot hold Solid Wood Builds liable for any indemnification for any claims by third parties for payment of compensation. On penalty of forfeiture of right, any complaint relating to damage must be brought to the attention of Solid Wood Builds by the customer in writing and in detail within 5 calendar days of its discovery. The compensation to which Solid Wood Builds might be held under this agreement is limited to direct and foreseeable damage and in any case limited to what is owed by the customer to Solid Wood Builds for the obligations already performed by Solid Wood Builds. The customer cannot invoke any right of retention or pledge against Solid Wood Builds.
Transfer of ownership, risk and liability of the customer
All goods, timber building kits or garden buildings remain the property of Solid Wood Builds until full payment of the invoices in principal and accessories. This also applies if the goods or works of Solid Wood Builds form only a part (accessory) of a larger whole (principal matter) of which the ownership or parts thereof do not belong to Solid Wood Builds. The risk, however, passes to the customer from the delivery of the goods. As soon as Solid Wood Builds has carried out (part of) a work or delivered (part of) the goods, the customer is responsible for all damage caused to the installed/delivered goods. The customer is liable towards Solid Wood Builds for every damage-causing event that occurs on the site to the goods, its appointees or its subcontractors and their materials and supplies, both as a result of its own fault (even the slightest) and for those persons for whom it is responsible or for those of third parties whom it has admitted or tolerates at the place of the works. The customer will fully indemnify Solid Wood Builds against claims by third parties.
Acceptance of works, defects, warranty
The customer must inspect the goods immediately after receipt and/or installation for any visible defects and for conformity with the order placed. Visible defects as well as non-conforming deliveries must be reported in writing to Solid Wood Builds at the latest within 5 calendar days, whereby the customer must describe the defects in detail, failing which they are irrevocably accepted or deemed to be in conformity with the order. Any claim based on visible defects must, on penalty of forfeiture, be brought within 3 months of delivery or completion. The customer has, on penalty of forfeiture, 2 months after its discovery to report a hidden defect in writing to Solid Wood Builds, whereby the customer must describe the defects in detail, and must bring any legal action for hidden defects within 1 year from the day on which he established the defect and at the latest within 2 years of the conclusion of the agreement. The customer can only benefit from the manufacturer’s warranty on the goods upon presentation of a valid invoice and/or warranty card. Without prejudice to the other parts of this article, after delivery and/or installation Solid Wood Builds can only be held to the warranties to which it is bound by mandatory legal provisions. Any use or consumption of a delivery, even partial, implies acceptance of the entire batch.
Payment, netting
The (invoices for) timber building kits, garden buildings, goods and/or installation must be paid at the registered office of Solid Wood Builds within 30 calendar days of the invoice date, unless otherwise stated. If the customer does not agree with an invoice, he must protest it in writing and with reasons, on penalty of forfeiture of right, within 15 calendar days of the invoice date. The date on the invoice is presumed to be the date of dispatch. Payment of the invoice without protest always constitutes sufficient proof of the works and/or goods delivered and implies unconditional acceptance of the works and/or goods delivered. Late payments incur interest of 8% per year from their due date, by operation of law and without notice of default. In the event of late payment, the customer also owes a fixed compensation of 10% on the agreed price with a minimum of EUR 250.00; this penalty clause does not cover the costs associated with the recovery itself. If the customer is a consumer, he is entitled to the same compensation and interest as provided in favour of Solid Wood Builds in the event of default by the latter. As soon as and for as long as all amounts owed to Solid Wood Builds – of whatever nature and on whatever grounds, even if these were part of another agreement – have not been paid on time and in full (principal, interest, penalty clause and any legal costs) by the customer: 1° Solid Wood Builds has the right to suspend, without prior notice, all other performances and deliveries to the customer. Solid Wood Builds is not liable for damage that would result from the suspension of its activities; 2° set-off takes place by operation of law between fixed and due amounts that the parties would owe each other, up to the amount of the smallest sum. Set-off by the customer is, however, excluded, unless the customer is a consumer. Under no circumstances may the customer invoke losses, damage or any delays to suspend, in whole or in part, the payments he owes to Solid Wood Builds.
Termination
The customer who unilaterally terminates the agreement owes, in addition to the compensation for any services already rendered and costs incurred, a fixed termination compensation of 30% of the price of the order, delivery and/or installation or, if partial deliveries have already taken place, on the balance thereof not yet carried out, all with a minimum of EUR 500.00. The same arrangement applies if the agreement has to be dissolved at the expense of the customer. Dissolution takes place upon notification if a serious breach is not followed by correct performance within 15 calendar days of notice of default. If the customer is a consumer, he is entitled to the same compensation upon dissolution at the expense of Solid Wood Builds, without prejudice to his obligation to pay for the services already rendered and costs incurred.
Consumer’s right of withdrawal
The provisions of this article apply only to the customer who, in his capacity as a consumer, concludes an agreement without the simultaneous physical presence of Solid Wood Builds and the customer. The customer has the right, except in the cases of exception provided by law, such as, for example but not limited to, made-to-measure work, to withdraw from the agreement within 14 calendar days from the conclusion of the agreement, without giving a reason and without payment of a penalty. If the period expires on a Saturday, Sunday or public holiday, it is extended to the following working day. The customer can exercise the right of withdrawal by informing Solid Wood Builds in writing of his decision to withdraw from the agreement. The customer must send this statement to the operating office of Solid Wood Builds and may use the model withdrawal form, which was provided to the customer by Solid Wood Builds together with these terms and conditions. Use of this model is not obligatory. The right of return no longer applies after any form of damage to the ordered goods. The customer bears the cost of returning the goods in the event of withdrawal; the initial shipping costs also remain at the customer’s expense. If the customer has expressly requested to begin the performance of the works during the withdrawal period, the customer bears the costs for the works carried out during the withdrawal period.

Evidence
a) ‘In writing’ within the meaning of these terms and conditions corresponds to the definition provided in Article 8.1, 1° of the Belgian Civil Code.
b) Failure to respond within 5 calendar days to a document sent by Solid Wood Builds or to other communication is deemed to constitute a circumstantial silence, resulting in the customer’s definitive acceptance of the content of that message.
Personal data
Solid Wood Builds processes the customer’s personal data. For more information about the processing of this data, Solid Wood Builds refers to its privacy policy, which can be found on its website.
Applicable law and competent court
The agreement between the customer and Solid Wood Builds is governed by Belgian law. The obligations in this agreement are deemed to have arisen at the registered office of Solid Wood Builds. Any dispute between the customer and Solid Wood Builds falls within the exclusive jurisdiction of the courts of the place of the registered office of Solid Wood Builds.

Appendix: withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)

To: Solid Wood Builds

Debeuckelaere Gebrs

Amersveldestraat 213

8610 Kortemark

VAT no. 0424 964.621

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) agreement concerning the sale of the following goods / the provision of the following service (*):
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Ordered on (*)/Received on (*): ………………………………………………………………………………………………………

Name(s) of consumer(s): ………………………………………………………………………………………………………

Address of consumer(s):
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Signature of consumer(s) (only when this form is submitted on paper):

Date: ………………………………………………………………………………………………………
(*) Delete as appropriate.

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