General Terms and Conditions of Sale
These general terms and conditions are agreed on between:
Pianos Maene N.V., Industriestraat 42, B8755 Ruiselede (VAT number BE 0440.262.115) and every physical or artificial person who purchases on the website of Pianos Maene (www.maene.be), hereafter called "client" or "buyer".
Article 1 - Applicability
These conditions will apply to all quotes, offers and agreements pertaining to purchase and sale of Piano’s Maene. Any deviation from these conditions is only possible if explicitly agreed in writing between both parties. It is assumed that these general terms and conditions are known and understood by the customers. The applicability of the customer’s general terms and conditions is always excluded, unless agreed otherwise.
Article 2 - Quotes
2.1. All quotes are in writing, free of obligation and apply for a period of 30 days, unless it has been otherwise agreed between the parties in writing. The quote contains a description of the instrument to be delivered, made up as accurately and completely as possible based on the information provided.
2.2. The quote is limited to what is explicitly stated in it.
2.3. Piano’s Maene is only bound by a quote if it has been accepted by the customer within the previously mentioned period of 30 days, in writing.
Article 3 - Deliveries
The proposed delivery term is for indicative purposes only, any delays due to force majeure or circumstances to be attributed to the customer can never compel Piano’s Maene to any compensation, nor can it give cause for a delivery refusal. Every delay in delivery that Piano’s Maene is made aware of, will be communicated to the customer as soon as possible. All risks pertaining to the goods delivered are transferred at the moment of delivery.
All expenses made by Piano’s Maene at the customer’s request for executing the agreement are entirely at the latter’s expense, unless both parties have explicitly agreed otherwise in writing.
Article 4 - Payment
4.1. All invoices are entirely payable within one month following the invoice date, without any discounts and/or reductions, unless explicitly agreed otherwise and only if this agreement is mentioned on the invoice. In case of late payment, an interest of 12% per year will be due legally and without any previously given notice, to be charged from the due date of the invoice.
4.2. The amount of an invoice that has not been paid on its due date, will legally and just by exceeding the payment term, without any previous notice being required, be increased by 10% by way of damages and a minimum amount of 100 euros. Any additional collection charges are also at the customer’s expense.
4.3. Refusal to pay for a delivery entitles Piano’s Maene to immediately retrieve the goods delivered, without any previous notification or notice. Piano’s Maene also reserves the right to refuse delivery of any goods to the customer if there are still overdue payments under the terms of any agreement, and this until the amounts have been settled.
4.4. By paying part of an invoiced amount without making any reservation the customer accepts that invoice.
Article 5 - Reservation of Title
All goods that are delivered remain the property of Piano’s Maene until the customer has met all obligations stated in the agreement and the goods have been paid in full. Consequently, the customer is not authorised to pawn, sell, burden, or transfer the goods in any way whatsoever to a third party before the main sum, as well as any interests and costs have been fully paid. In that case the buyer authorises to have the delivered goods retrieved immediately.
Article 6 - Cancellation
When an order is cancelled, or the contract is broken, the customer owes Piano’s Maene a fixed compensation amounting to 25% of the order’s or contract’s value.
Article 7 - Complaints
7.1. Any complaints relating to the delivered goods and/or the invoice must be reported to Piano’s Maene by registered mail within eight days.
7.2. The complaint should be described clearly, so Piano’s Maene can take the necessary steps to resolve the problem, provided the complaint is valid. Complaints are not valid if the customer hasn’t treated the goods or work delivered as carefully as one might expect.
7.3. Lodging a complaint does not discharge the customer from his contractual payment obligations.
Article 8 - Force Majeure
8.1. Piano’s Maene cannot be held responsible for not meeting its obligations towards the customer in case of force majeure.
8.2. Force majeure includes, but is not limited to: weather and climate-related conditions, lightning, flooding, stormy weather, war, riots, strikes, sit-ins, union or staff disputes, accidents, fire, difficulties in or increasing costs for finding staff, materials or transport, or other circumstances that could interfere with normal supply or production channels or with the delivery of goods by the usual routes or using the usual means of transport.
8.3 In cases of force majeure Piano’s Maene may end the agreement or cancel the delivery of the goods to the customer, or they can also, with the customer’s consent, deliver the goods according to specific terms following the postponement of the deliveries.
Article 9 - Disputes
All agreements between Piano’s Maene and the customers are governed by Belgian law. In case of any dispute, the court of the judicial district where the lessor’s registered office is located has jurisdiction.