Conditions of Sale

These general conditions of sale are applicable to the delivery of all goods and/or services by Malvini BVBA in Belgium, unless agreed in writing otherwise. Specific conditions of sale being part of any separate agreement remain however valid. These general conditions of sale prevail over any terms and conditions of the buyer.

  • Every order implies the acceptance by the buyer of Malviniʼs general conditions of sale.
  • A sales transaction takes place only after the written confirmation of the seller and after buyer has paid Malvini 40% of the salesvalue of the goods (including VAT when applicable). Cancellation of an order needs be done in writing and by registered mail. A cancellation fee of 40% of the order value is due if you renounce your order.
  • Delivery periods are for information only and not binding unless otherwise agreed. A delay in execution of the order cannot lead to a damage claim by the buyer nor rescission of the agreement.
  • All our prices are exclusive VAT unless agreed otherwise.
  • Cost of transportation and relevant insurance costs are chargeable to the buyer unless explicitly agreed otherwise. These are never included in the product price.
  • All bank charges related to payments to Malvini are at buyers expense. Malvini does not accept additional costs.
  • All invoices have to be paid before shipping from the factory, unless otherwise agreed upon.
  • The buyer is assumed to accept the goods and inspect them immediately after receipt. Complaints are receivable only when sent within 8 days after the delivery date and should be sent to the seller by means of registered mail.
  • Hidden defects can only lead to indemnification if being communicated by registered mail no later than 3 months after their identification. The goods however may not have been treated nor processed.
  • The delivered goods remain the property of the seller until full payment has taken place including relevant costs and interest charges.
  • All risks related to the goods are being transferred to the buyer from the moment they leave the factory.
  • The buyer will inform the seller in case the goods will be stored in leased premises. He commits to inform the seller of the identity and the address of the owner of the premises. All our invoices are payable upon receipt unless agreed otherwise.
  • In case of non-payment of an invoice within the agreed time frame, its value will be lawfully incremented by an indemnification of 10% of the invoiced amount with a minimum amount of 50 EUR as well as with a negligence interest rate of 10% per annum. In case of litigation, only the courts of Antwerp will be competent and the Belgian law will be applicable.

 

Malvini October 1, 2015