Terms of sale and use
1.Scope
1.1 These General Terms and Conditions of Sale apply exclusively to all deliveries of goods to the Client by ALLROUND MANAGEMENT and to all agreements concluded by ALLROUND MANAGEMENT with the Client. These general conditions of sale take precedence over the general (purchase) conditions of the customer and/or any other third party, even if ALLROUND MANAGEMENT would not have expressly protested them.
1.2 Deviations from these General Terms of Sale may be made only by express written agreement between ALLROUND MANAGEMENT and the Client.
1.3 If any provision of these General Terms of Sale should prove to be void in whole or in part, the remaining provisions shall remain fully valid.
2. Price
2.1 ALLROUND MANAGEMENT's price list, as well as any other information provided by ALLROUND MANAGEMENT prior to an agreement or order, are not binding. ALLROUND MANAGEMENT may modify them at any time up to the moment of acceptance of the order, by written order confirmation.
2.2 All prices are exclusive of VAT and any other taxes.
2.3 ALLROUND MANAGEMENT reserves the right to charge an administrative surcharge on orders with a value below a minimum value; the minimum value and administrative surcharge may be requested from ALLROUND MANAGEMENT at any time.
2.4 Any change in the elements constituting the basis of the Seller's selling price or any governmental or non-governmental decision that would limit or regulate the purchase, importation, transportation or sale of materials or products or significantly change their cost price will allow ALLROUND MANAGEMENT to revise its commitments assumed.
3. Delivery, risk transfer & acceptance
3.1 The delivery dates stated on the order confirmation are provided for information purposes only and may not be considered a commitment on the part of ALLROUND MANAGEMENT..
3.2 Exceeding the specified delivery deadlines does not entitle ALLROUND MANAGEMENT to compensation or to unilateral rescission of the contract ALLROUND MANAGEMENT is not liable for late deliveries caused by force majeure, as referred to in article 4.
3.3 Delivery of the goods outside Benelux and France shall be Ex-works (ALLROUND MANAGEMENT, Leuvenststeenweg 573 UNIT 10A, 1930 Zaventem, Belgium). For B2B orders, to be delivered in Belgium, Luxembourg, the Netherlands and Germany, smaller than €200 a transport cost will be charged. For deliveries in France, the postage is increased to €400.
For B2C orders, to be delivered in Belgium, Luxembourg, the Netherlands and Germany, smaller than €60 a transport of 11€ will be charged. For deliveries in France, the postage is increased to €100.
3.4 Risk passes to the customer upon delivery (Ex-works). This also applies in the case of free delivery, where ALLROUND MANAGEMENT assumes only the transport costs.
3.5 Upon written request by the Client and written confirmation by ALLROUND MANAGEMENT, the goods will be shipped by ALLROUND MANAGEMENT to the destination specified by the Client, at the Client's expense and risk.
3.6 The Client undertakes - subject to late delivery in accordance with article 3.2 - to take delivery of the goods ordered by it on the agreed delivery date as specified on ALLROUND MANAGEMENT's order confirmation. For each week of delay in taking delivery, the customer shall owe a lump-sum compensation of 1% on the invoice amount. If full acceptance has not yet taken place one month after the agreed delivery date, ALLROUND MANAGEMENT reserves the right to unilaterally rescind the agreement and the customer shall be liable for lump-sum compensation in the amount of 30% of the invoice amount of the uncollected goods, subject to increase if the damage suffered is higher.
3.7 All sales are subject to obtaining an import and export license from the competent authorities.
4.Force majeure
14 days reflection period
Does the product not meet your expectations? No problem. You may notify in writing (mail/email) within 14 days that you wish to return the product. You do not need to provide a motive. These 14 days begin to count from the day of delivery. We ask that you return the product within 20 days of delivery. Shipping costs are at your own expense but products will be fully refunded.
Returning
Only items that are in the original and undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back. Will not be taken back under any circumstances:
- used, soiled, damaged or incomplete items.
- items whose packaging (or part of it) has been opened.
- items made to customer specifications.
Damage
If your product is delivered damaged or incomplete, you must report it within 24 hours of receipt.
The seller cannot be held responsible for damage done to the item by your pet itself.
4.1 Force majeure on the part of ALLROUND MANAGEMENT shall exist if ALLROUND MANAGEMENT is prevented from complying with its obligations under this Agreement as a result of, for example, war, threat of war, civil war, riots, fire, water damage, flooding, strikes, sit-down strikes, defective machinery, full or partial stagnation of the transport system, illness or strike of ALLROUND MANAGEMENT's personnel, telecommunications problems, operational failure or shortcomings of ALLROUND MANAGEMENT's suppliers, or acts of third parties.
4.2 In such a case, ALLROUND MANAGEMENT reserves the right to suspend its commitments for the duration of the force majeure situation and/or - if the force majeure situation lasts more than 3 months - to terminate the Agreement ipso jure and without compensation.
5. Complaints
5.1 Any complaint about the goods delivered, of whatever nature, including - but not limited to - non-conformity, missing parts, visible defects or damage, must be reported in writing by the customer within a period of 48 hours after delivery.
5.2 Hidden defects must be reported in writing by the customer within a period of 8 calendar days after discovery of such defect.
5.3 Expired goods (exceeding freshness date) will not be taken back nor reimbursed.
5.4 After the aforementioned deadlines, the customer's rights lapse.
6. Liability
6.1 ALLROUND MANAGEMENT is under no obligation other than to deliver in accordance with the order.
6.2 ALLROUND MANAGEMENT's obligation of repair is limited to the repair and, if necessary, replacement of the goods supplied or the defective parts concerned, at ALLROUND MANAGEMENT's discretion, and without the client being entitled to compensation for damages.
6.3 Under no circumstances can ALLROUND MANAGEMENT be held liable for indirect damages, including but not limited to loss of profits and damages from third parties.
6.4 ALLROUND MANAGEMENT's liability is limited in all respects to the invoice amount of the goods supplied in question.
7. Intellectual property
7.1 ALLROUND MANAGEMENT remains at all times the holder of its intellectual property rights to the goods it supplies.
8. Retention of title
8.1 The goods delivered remain the property of ALLROUND MANAGEMENT until the date of full payment by the Client. Until such time, the customer does not have the right to sell or encumber the goods with third party rights. Notwithstanding this retention of title, it is expressly agreed that the buyer bears the risks of loss, destruction or damage to the goods and this from the time of their delivery.
8.2 In the event of non-payment by the Customer, ALLROUND MANAGEMENT reserves the right to take back the goods without judicial intervention.
9. Payment methods
9.1 All invoices are payable at 3040 Sint-Agatha-Rode, cash, net and without discount unless otherwise stipulated and confirmed in writing by ALLROUND MANAGEMENT. For non-cash payments, any credit limitation charged is due.
9.2 The Client shall owe ALLROUND MANAGEMENT the invoiced amount plus any taxes and/or expenses. Payment, in whatever form, must be made by the customer in such a way that ALLROUND MANAGEMENT does not incur any costs related to the receipt of payment.
9.3 In the event of non-payment on the due date, interest at the rate of 4.25% per annum, plus the interest rate of the National Bank, shall be due ipso jure and without notice of default, from the due date of the invoice until the day of full payment, without prejudice to any other rights which ALLROUND MANAGEMENT may assert.
9.4 In case of non-payment on the due date, liquidated damages in the amount of 15% of the invoice amount, with a minimum of 50 EUR, are also due. This clause remains applicable even if a bill of exchange was accepted for the principal amount of the bill.
9.5 In the absence of timely payment of one and/or more invoices, the balance of all outstanding, even non-due invoices, shall become due and payable automatically and immediately. Moreover, ALLROUND MANAGEMENT reserves the right to suspend the execution of its commitments and not to make any further deliveries until full payment is made.
9.6 In the event of non-payment by the due date, ALLROUND MANAGEMENT reserves the right to withdraw the discounts or benefits granted to the Customer and to invoice the balance separately.
9.7 ALLROUND MANAGEMENT asks new customers to pay for their first (or first 3) orders in advance. After submitting an order, you will be notified to arrange prepayment. After proof of payment can be presented, the order will be processed and shipped.
10. Customer default
10.1 In the event of default by the Client - including non-payment and cancellation of current order - ALLROUND MANAGEMENT shall be entitled, without prior notice of default, to suspend all further deliveries to the Client and/or to declare current agreements terminated by operation of law, without prejudice to the right to claim fulfillment and/or compensation for damages.
10.2 In the event that, due to default on the part of the Client, one or more current agreements are rescinded at the charge of the Client, the Client shall be liable to ALLROUND MANAGEMENT for compensation in the amount of 30% of the invoice amount in the case of standardized goods and the agreed price in the case of personalized and/or customized goods.
10.3 ALLROUND MANAGEMENT reserves the right, without the intervention of the courts and without prior notice of default, to rescind the purchase agreement if the Customer is declared bankrupt, or by any means loses the power of disposition of its assets or parts thereof, without ALLROUND MANAGEMENT being liable to pay any compensation to the Customer and without prejudice to its right to full compensation.
11. Jurisdiction & applicable law
11.1 All agreements between ALLROUND MANAGEMENT and the Client and any disputes between the parties shall be governed exclusively by Belgian law.
11.2 Disputes between the parties as well as the interpretation and application of the agreements between ALLROUND MANAGEMENT and the Client fall under the exclusive jurisdiction of the Courts of Leuven.
11.3 To the extent that these General Terms of Sale are also formulated in another language and a conflict would exist between the Dutch and the foreign language version, the Dutch text shall be binding..
