General Terms and Conditions of Sale

ARTICLE 1

The sale shall only be concluded after the Buyer’s order has been expressly accepted by the Seller, without any commitment as to price or delivery date. Sales shall be made at the price applicable on the date of delivery.

ARTICLE 2

  1. Shipments are made from EVLO bv in the manner most advantageous to the Seller and at the Buyer’s risk. Any delay in delivery shall not entitle the Buyer to cancel the order and/or claim compensation. Any additional costs for expedited transport shall be borne by the Buyer.
  2. The Seller’s goods are handed over to the carrier in good condition. The Seller only acknowledges the weight stated on the consignment note and established by the carrier upon departure. The Seller cannot be held liable for any loss, damage, shortage or delay during transport. The Seller reminds the Buyer that, in order to preserve its rights against the transport company, the Buyer must inspect the goods upon receipt. Any reservations or complaints must be submitted in writing to EVLO bv no later than the second working day following receipt of the goods.

ARTICLE 3

No complaint shall be accepted more than three working days after delivery of the goods.

ARTICLE 4

  1. Invoices are payable at the Seller’s registered office, upon delivery, in cash, net and without discount. The Seller’s acceptance of any other method of payment shall not constitute novation or affect the provision concerning the place of payment.
  2. In the event of non-payment or incomplete payment of an invoice by the due date, and without any prior notice of default being required, late-payment interest shall be due at the statutory interest rate applicable to late payments in commercial transactions, calculated on the total invoice amount from the invoice due date. In addition, a lump-sum compensation amounting to 10% of the invoice amount, with a minimum of €40.00, shall be due to cover additional personnel and administrative costs, commercial loss, loss of time and the inability to reinvest caused by the late payment, without prejudice to any legal costs. If an invoice is not paid on its due date, all other outstanding invoices shall become immediately due and payable.

ARTICLE 5

Any discounts granted are subject to the Buyer’s compliance with all its legal and/or contractual obligations towards the Seller. In particular, no entitlement to any discount shall arise if, at the time the discount becomes due, the Buyer is in a state of bankruptcy, has applied for or is subject to judicial reorganisation, is in arrears with payments, is in liquidation, has transferred all or part of its business, has had assets seized or has ceased trading.

ARTICLE 6

If an invoice has not been paid in full by its due date, the Seller shall be entitled, without any formality, to suspend all deliveries and/or to consider all or some of the contracts concluded with the Buyer as terminated by operation of law, without prejudice to the Seller’s right to claim compensation.

ARTICLE 7

Until the purchase price, including all ancillary amounts, has been paid in full by the Buyer, the delivered products shall remain the property of the Seller, and the Buyer shall not be entitled to render the goods immovable by incorporation, resell them or otherwise dispose of them. The risk shall pass to the Buyer upon conclusion of the contract.

ARTICLE 8

Goods may only be returned with the Seller’s prior written consent. The following are not eligible for return: damaged items; items with damaged and/or written-on packaging; packages that have already been opened; items ordered specifically for the Buyer, including items that are not supplied as standard or that are only supplied to order; …

ARTICLE 9

Accidents, strikes, fire, war and any other event that may delay or prevent production, supply or transport shall be regarded as events of force majeure in favour of the Seller. Such events entitle the Seller to suspend all deliveries and/or terminate all ongoing contracts without any compensation being due to the Buyer.

ARTICLE 10

For purchases below €150.00 excluding VAT, transport and/or administrative costs shall be charged.

ARTICLE 11

Taxes, levies and import and export duties shall be borne by the Buyer. Any increases in duties, taxes and/or levies affecting the raw materials used in the sold product or the product itself shall be borne by the Buyer from the date on which such increases enter into force.

ARTICLE 12

The Seller reserves the right, at any time, to require the Buyer to provide security equal to the amount of the order. If the Buyer refuses to provide such security, the Seller shall be entitled to suspend delivery.

ARTICLE 13

The Buyer undertakes to provide the Seller with its correct VAT identification number and to inform the Seller of any subsequent changes thereto. If the Buyer fails to do so, the Seller shall be entitled either to consider the contract terminated by operation of law or to increase the price by the amount of VAT and any other additional charges payable by the Seller as a result of such omission or incorrect information.

ARTICLE 14

In the event of a non-conforming and/or defective delivery, the Seller’s liability shall be limited to replacement of the non-conforming or defective product, with the express exclusion of compensation for any other direct or indirect damage.

ARTICLE 15

In the event of a legal dispute, the courts having jurisdiction over the registered office of EVLO bv shall have exclusive jurisdiction. Belgian law shall apply exclusively.

ARTICLE 16

Orders taken by our representatives or agents shall only be binding on EVLO bv after approval by its management and, upon approval, can only bind us to what is expressly stated in writing in the order. Such approval shall be deemed tacit if EVLO bv has not notified the Buyer in writing of its refusal within eight days.