All our sales are governed by the current general terms and conditions of sale. Subject to a special written agreement signed by us, and notwithstanding any provision to the contrary in the purchaser’s own sales receipts or other documents, any order automatically constitutes the purchaser’s acceptance of the present conditions of sale. 

The stated prices are without obligation for changes up to the date of order, depending on possible price adjustments by the suppliers. Until the date of invoicing, GiGaCrea bv furthermore reserves the right to make adjustments to the price in the event of unexpected, unforeseen and abnormal price increases in the raw materials or at suppliers. 

The delivery times are only indicative and not binding. As an example, we point to the COVID pandemic and all the resulting measures that may affect delivery times and supplies at our suppliers. Under no circumstances can a delay in deliery give rise to termination of the agreement or to compensation. 

GiGaCrea is not liable for any breach of contract if this can be attributed solely or mainly to force majeure. For example, a force majeure event means (but is not limited to) any of the following events, wether or not such event was foreseeable at the time the contract was entered into: 

– natural disasters (such as flood, storm, hurricane, lightning, snow, volcanic activity, drought, earthquake,…) 

– armed conflicts (such as war, revolution, insurrection, military operation, occupation,…) 

– social unrest (such as strike, demonstration, lock-out, trade conflict,…) 

– an epidemic or pandemic (including Covid-19) or the measures that a government or third party takes or imposes as a result (such as a full or partial lockdown, the ban on movements, closing borders, quarantine,…) 

– supply problems at our suppliers 

– accidents (such as fire, explosion, …)

– government intervention (‘le fait du prince’) (such as tax measures, expropriation, …) 

Any order that is not refused in writing by us within eight days of receipt will be deemed to have been accepted without us being required to confirm this acceptance in writing. 

The delivery times are given for information only. They are not binding and their non-observance cannot be invoked to claim compensation or the termination of the contract. Force majeure or an arbitrary decision by the Government gives our company the right to terminate the agreement in whole or in part or to suspend its execution without notive or compensation. 

In the event of shipment, the goods travel at the risk of the client, as from loading the truck or any other means of transport, even in the case of carriage paid shipment. Unless expressly agreed otherwise the transport costs are the expense of the client. The carriage paid home delivery includes a one-off delivery to a single destination to the door of the customer. 

The delivery is deemed to have completed in full, either by direct delivery to the buyer or by simple notification of the delivery of the goods in our warehouse, to the customer or to a forwarding agent or a chosen carrier, as the case may be the client or by us. In the event of delivery being prevented, the buyer shall bear the costs of storage and handling, while our company declines any responsibility in this regard. 

Our goods must be approved after unloading and any complaint must be submitted within eight days of receipt of the goods by registered eltter addressed to GiGaCrea. The delivered goods can only be returned within the prior agreement of GiGaCrea with regard to the comments made. The customer will bear the costs for the return shipment, unless this is due to an error on the part of our services. 

Our invoices are always payable in cash in Wellen. In addition, in the event of an order being dispatched, we reserve the right to request payment quarantees that we deem necessary and, in the event of refusal, to suspend delivery or, as the case may be, to cancel the order. 

All delivered goods remain our property until full payment of the invoiced price. Payment in understood to mean the actual collection of the price, in principal, costs and interests. However the delivery of the goods implies the immediate transfer of the risk to the buyer, who is therefore liable for it. In the event of non-respect by the buyer of one of the payment due dates, GiGaCrea can, without losing any other right whatsover, demand the return of the goods by registered letter with acknowledgment of receipt, at the expense of the buyer, until execution by the latter of all of its commitments. In addition, our company may dissolve the agreement, without the intervention of the Court, bv means of confirmation of the dissolution by registered letter with acknowledgment of receipt. 

All disputes related to the interpretation and execution of our contracts or invoices are subject to the jurisdiction of the Courts of Tongeren (Belgium) whatever the accepted conditions and payment method may be, even in case of several defendants. Disputes that legally belong to the jurisdiction of the Justice of the Peace are presented to the Justice of the Peace of the canton of Tongeren. However, the seller can also have the dispute settled before the Court of the debtor’s domicile.