Term and Conditions for Professionals

  1. Definitions

    Seller: We Rock! Wooden Toys BVBA

    Buyer: the legal person or corporation acquiring or planning to acquire goods from the seller If these T&C are to be used in court, only the Belgian law applies and the Dutch version of our T&C is valid. This is only an automated translation of the Dutch version.

  2. Compelling force of the general terms and conditions of sale

    The following general terms and conditions of sale only apply to companies and foundations.

    All our sales are governed by the following terms and conditions.

    Every order of products or materials implies acceptance of these terms and conditions.

    The purchase conditions of our buyers are only eligible if they are explicitly confirmed in writing by us for the execution of the order.

  3. Place of execution

    All our agreements are concluded or are assumed to have been concluded in Merksplas, Belgium.

  4. Offers, prices and orders

    All stated prices are excluding shipping costs and excluding VAT, unless stated otherwise.

    The price is fixed when ordering, online in the webshop when submitting the order or when ordering via e-mail when receiving the invoice or purchase confirmation. This stated price is binding for all parties, except for a technical defect or force majeure. At the time the sale confirmation is sent, the agreement is created. A partial execution of an order does not in any way relieve the buyer of his payment obligations or cannot result in compensation. The seller reserves the right to adjust the price without prior notice.

    The minimum order volume is 5 boards, except for drop shipping. For orders larger than 40 boards, you must contact sales@we-rock.eu.

  5. Delivery time

    The delivery times stated on the website of the seller are only provided for information purposes and do not bind the seller.

    Delays in delivery do not give any right to compensation or to the termination of the agreement.

    The goods are sent at the risk of the buyer. The transport costs are for the account of the buyer, unless explicitly stated otherwise.

  6. Transport and complaints

    The transport risk is transferred to the buyer as soon as the shipment is handed over to the carrier or when the shipment leaves our distribution centre. The seller is not responsible for damage during transportation.

    At the time of delivery or collection, the buyer will subject the delivered goods to a thorough inspection and at least check whether the delivered goods are in accordance with the order placed, include the correct quantities and have no visible defects. By allowing this period to expire, the buyer explicitly accepts the delivery and can no longer make any claim based on visible defects.

    Transport damage must be reported by the buyer to the transport company. It is up to the buyer to recover this damage from the transport company. The conditions and procedures of the transport company apply here.

    If a delivery cannot take place due to the fault of the buyer, all costs arising from this will be borne by the buyer.

    For defects where the seller accepts his responsibility, it is the seller's choice to repair, replace or credit the defective product.

  7. Liability

    The end-user himself is responsible for the correct use of the product, in accordance with the instruction manual. The seller cannot be held liable in any way for any defect that directly or indirectly results from the incorrect use or for damage as a result of the incorrect use of the product.

    All the possible liability claims of the end-user or end-user will be borne by the buyer. If the buyer finds defects, he will immediately notify us of this by registered letter. We can only be held liable in the event of fraud or serious misconduct by ourselves or one of our employees. In that case, our liability will be limited to the repair of the foreseeable, direct, personal and certain damage suffered by the buyer, excluding the repair of indirect or nonmaterial damage such as additional costs, loss of income or profit, loss of customers, loss or damage to data, loss of contracts, damage to third parties, etc.

    The liability towards the buyer per event for which the liability can be invoked will be limited to the totality of the amounts that the buyer has paid to us under the agreement during the six (6) months prior to the event that caused the damage. In addition, our liability to the buyer will in no case exceed a total amount of ten thousand (10,000) euros per calendar year, even in the event of personal injury or death. The legal product responsibility remains valid.

    In such a case, the advance payments made by the buyer remains definitively acquired by us.

  8. Retention of title

    It is expressly agreed that the responsibility and risk of the goods sold and their accessories pass to the buyer when the goods are transferred to the transport company or when they leave our distribution centre, but that the goods remain our property only as long as the buyer has full payment obligations has not fulfilled.

    The buyer is obliged to inform us where the sold goods are and to cooperate fully with the removal. If away for whatever reason would be prevented by the buyer, its employees or its creditors, the buyer shall pay a fee of EUR 500.00 per day, until the day the goods return in our possession.

    In application of the above provisions, the seller has the right to immediately take back the sold goods with their accessories where they are located, whereby all costs of removal, transport and the like are borne by the buyer. All damage to the goods sold are for the account of the buyer.

    The buyer is forbidden to sell the goods, to process them, to pledge them to a third party or to dispose of them in any way as long as the sale price has not been paid in full. If the goods are nevertheless sold, the right to the resulting selling price replaces the goods sold.

    In such a case, the advance payments made by the buyer remains definitively acquired by us.

  9. Terms of payment

    Our invoices can be paid via bank transfer or via online payment options in the webshop. With its first order, or for any order under drop-shipping, the buyer should settle the bill at the time of receiving the order confirmation or invoice. Subsequent orders must be paid within 30 days of order submission, even if the delivery takes longer than 30 days, but at the latest when submitting a new order. A new order is blocked if the buyer still has an outstanding balance. Once this balance has been paid, a new order can be accepted.

    All bank charges or premiums resulting from the payment of the invoice are for the account of the buyer.

    All transport costs and additional costs associated with this are in such a case borne by the buyer.

    The protesting of an invoice must be done in writing by registered letter within 7 days after the invoice date and must always state the date and number of the invoice.

    Compensation with alleged or not alleged counterclaims or damage claims is not permitted. In the event of nonpayment of the invoice within the stipulated period, a delay interest on the invoice amount of 8.5% will be owed by law from the due date and without prior notice of default.

    Also, by law and without prior notice of default, a lump sum payment of 10% of the invoice amount, with a minimum of 100.00 EURO, is payable as a claim for damages.

    Expenses related to unpaid bills of exchange or checks, as well as other collection costs (including attorney's fees) are not included in this fixed compensation and the buyer is charged separately.

    Payment made to agents or intermediaries are not binding on the company. In the event of non-payment, we reserve the right to stop deliveries. We also reserve the right to consider the agreement dissolved by operation of law and without prior notice of default for the whole or the part not yet executed. In such a case, the advance paid by the buyer remains definitive by us acquired.

  10. Cancellation / Refunds

    If a confirmed order is cancelled, we reserve the right to definitively acquire the advance paid by the buyer or a cancellation fee of 25% of the value of the initial bill.

    All goods already delivered must be returned to the seller. Returned goods must be in unused, undamaged condition, if not then you will still be charged. All transport costs arising from an annulation are the responsibility of the buyer.

  11. Termination of the contract

    The seller reserves the right to consider the agreement dissolved by operation of law and without prior notice of default in the event of bankruptcy, legal settlement, apparent inability or any change in the buyer's legal situation. In such a case, the advance paid by the buyer remains definitively acquired by us.

    In such a case, the advance payments made by the buyer remains definitively acquired by us.

  12. Force majeure

    If the seller is unable to execute the agreement due to force majeure, strike, lock-out, delay at his own supplier, etc., the seller reserves the right to terminate the agreement without claiming any compensation.

  13. Applicable law and jurisdiction

    Our agreements are governed exclusively by Belgian law.

    Only the courts of the Antwerp district are competent to settle any disputes and / or objections assess both for delivery in Belgium and abroad.

  14. Drawn up in Merksplas, on 02 July 2018, adapted on 03 May 2019