General terms and conditions

GENERAL TERMS AND CONDITIONS BVBA DE BRUYN, with registered office at 3130 BEGIJNENDIJK, Vennestraat 6a, business registration number 0456 696 883 

  1. These general terms and conditions exclusively apply to every contract to which BVBA DE BRUYN is party, on the understanding that Book VI of the Code of Economic Law (Wetboek van Economisch Recht), insofar as it is applicable, may stipulate divergent provisions. The general terms and conditions stated on the documents of the client are not binding on BVBA DE BRUYN. The failure of BVBA DE BRUYN to apply one of the rights allocated to it by its general terms and conditions does not imply the forfeiture of rights. 
    The acceptance of quotes, order confirmations and/or delivery notes from BVBA DE BRUYN constitutes approval and acceptance of these general terms and conditions. Only written and mutually agreed deviations from these provisions are valid.
     
  2. Unless otherwise indicated, quotes are valid for a period of 30 days from the date of the quote and subject to availability of stock. The content is only valid for that specific quote and not for subsequent similar orders.
    Any changes or amendments after acceptance of the quote are only valid after written agreement from both parties, and may be subject to a price increase and change in the delivery period.
    Cancellation of the order by the client is only possible within three days after the contract comes into force, in which case BVBA DE BRUYN reserves the right to charge to the client a compensatory payment of 30% of the price (excl. VAT) of the cancelled order with a minimum of 500.00 EUR, without prejudice to the right of BVBA DE BRUYN to demand forced execution of the contract and without prejudice to the right of BVBA DE BRUYN to prove and recover any additional damage from the client. For goods that were specially ordered for the client, the client shall pay a compensatory payment of 100% of the order price. The client is likewise entitled to a compensatory payment of 30% of the value of the ordered goods, plus 10% interest, without prejudice to the client's right to prove and to claim a higher compensatory payment, if BVBA DE BRUYN cancels an order unilaterally and without justifiable reason. In the event of cancellation of the order by the client more than three days after the contract comes into force, the client shall be obliged to pay the full amount of the cancelled order. 
     
  3. For the leasing of plants and trees, the lease period shall commence at the time that the client or the client's representative takes receipt of the goods at the BVBA DE BRUYN premises, or at the time that the goods are delivered by BVBA DE BRUYN. Any client that fails to collect the goods at the agreed time or to take receipt of the goods, shall nevertheless remain bound by the lease agreement. On commencement of the lease period a verification document shall be compiled between BVBA DE BRUYN and the client, in which the condition of the leased goods is described and to which a photograph of the leased material is attached. The same verification procedure shall take place on return of the leased goods. If, on return of the leased goods, it is apparent that the goods have been damaged, the client shall be invoiced for the full market value of the leased goods, as estimated in the initial verification. When the plants and trees are collected and/or returned by the client or the client's representative, this shall take place using a suitable method of transport. The client/lessor is responsible for the care of the plants during the lease period. The leased plants and trees remain the property of BVBA DE BRUYN for the duration of the lease period.
     
  4. The client shall bear the risk for the empty crates and carrying materials until these are returned to BVBA DE BRUYN. The empty crates and carrying materials shall be invoiced upon purchase and partially reimbursed on their return in good condition to BVBA DE BRUYN. If the client asks BVBA DE BRUYN to collect the empty crates and carrying materials with a next delivery and these are not available at the client's premises, the costs associated with this collection shall be charged to the client.
     
  5. All invoices are payable in cash at the registered office of BVBA DE BRUYN in Begijnendijk, unless agreed otherwise. After a period of eight days following the invoice date, the invoice shall be regarded as accepted. Any objection to the invoice must be sent by registered letter within the period of eight days following the invoice date.
     
  6. Any invoice that has not been paid in full by the payment due date, shall automatically and without prior notice be increased by a late payment penalty of 10% per year, as well as being subject to a lump-sum compensatory payment of 10% of the invoice amount, with a minimum of 75 EUR per invoice.
    The failure to pay an overdue invoice shall automatically and without prior notice trigger the exigibility of all non-overdue invoices, whereby BVBA DE BRUYN reserves the right to suspend the execution of the contract without the client being entitled to any form of compensation.
    In the event of death or evidence of insolvency on the part of the client, including but not limited to bankruptcy, judicial reorganization or judicial dissolution, BVBA DE BRUYN shall be entitled immediately to terminate the contract, without being obliged to pay any form of compensation. 
     
  7. Unless expressly agreed otherwise in writing, the anticipated delivery time is always an estimation and is not binding. Exceedance of the anticipated delivery period cannot therefore give rise to damage compensation, substitution or termination of the contract at the expense of BVBA DE BRUYN. The late, erroneous or incomplete execution of the contract shall not justify the non-payment or late payment of the sums owed. 
    If the client or the client's representative fails to collect the ordered goods on the agreed collection date, but one to five days after the collection date, this shall be regarded as late collection. In case of late collection, the client shall be fully liable for and shall bear the risk of any resulting value reduction. If the client or the client's representative fails to collect the ordered goods within six days after the prescribed collection date, the order shall be regarded as cancelled. 
     
  8. The goods delivered shall remain the property of BVBA DE BRUYN until the price has been paid in full, including associated charges such as interest, damages and any additional costs, even when the goods have been incorporated, this in express departure from article 1583 of the Civil Code.
    All risks, including but not limited to theft or damage after delivery, overheating, frost damage and regrowth of the materials shall be borne by the client. Taking possession of the goods by the client without comment serves as evidence of receipt of the goods in perfect condition. 
    If the goods are to be delivered to the client by BVBA DE BRUYN, this shall be solely at the risk of the client; delivery shall take place at a location agreed in advance between the parties and which is directly accessible from the pubic highway. If delivery is not possible without entering the premises of the client, this shall occur at the risk of the client. The client must ensure that he/she or an authorized representative of the client is present at the time of delivery, and that immediate unloading of the goods is possible, failing which all associated costs shall be charged to the client.
     
  9. The liability of BVBA DE BRUYN shall never extend beyond the invoice value of the order. Any right to compensation is conditional upon the client notifying BVBA DE BRUYN of the damage in writing within 24 hours of occurrence of the damage. BVBA DE BRUYN can only be held liable in the event of proven intent or gross negligence on the part of BVBA DE BRUYN and, if multiple parties are involved, only to the extent of BVBA DE BRUYN's proven share of the liability.
    If the liability of BVBA DE BRUYN is proven, its liability shall be limited to direct damage, to the exclusion of indirect damage, including but not limited to lost profit, financial or commercial losses, lost production, increased general costs, increased administrative costs, loss of or damage to data, loss of contracts, immaterial damage and loss of customers.
    Use of the goods by the client him/herself or by a third party shall occur under the full responsibility and at the risk of the client. BVBA DE BRUYN can in no way be held liable for direct or indirect damage resulting from the use or location assigned to the goods by the client.
     
  10. BVBA DE BRUYN reserves the right to request an advanced payment or payment in full from the client, before proceeding with the order. Late payment shall in any case result in postponement of the delivery. If payment is not received after a payment reminder has been sent, BVBA DE BRUYN reserves the right to cancel the order partially or in full, in which case the compensatory payment referred to in article 2, third paragraph of these general terms and conditions shall be payable by the client. Any advanced payments already made shall be definitively acquired by BVBA DE BRUYN, to compensate any losses upon resale. 
     
  11. In the event of force majeure or if the execution of the contract becomes unreasonably onerous, BVBA DE BRUYN shall be entitled to terminate the contract partially or in full, or to suspend it, without being obliged to pay any form of compensation. If, at the time that force majeure commences, BVBA DE BRUYN has already fulfilled its obligations in part, BVBA DE BRUYN shall be entitled to invoice separately the part already delivered and the client shall be obliged to pay this invoice. Force majeure includes but is not limited to: fire, strike or lock-out, war, general scarcity of raw materials or products, restrictions on energy consumption, and this for BVBA DE BRUYN and any of its suppliers, environmental conditions, growth damage or degradation of the goods due to weather damage, tree or plant diseases.
     
  12. The returning of purchased goods is not permitted without the prior agreement of BVBA DE BRUYN. Any return of the goods shall in no case suspend the payment obligation of the client.
     
  13. Subject to other legislative provisions, BVBA DE BRUYN can at any time, even in a situation of joinder, whatever the cause, including joinder resulting from bankruptcy of the client, proceed to the offsetting of claims and debts which mutually exist between BVBA DE BRUYN and the client. 
     
  14. The nullity of one or more provisions of these general terms and conditions does not affect the validity of the other provisions.
     
  15. All disputes fall under the sole jurisdiction of the court district of Antwerp, division Mechelen; in case of jurisdiction ratione materiae of the justice of the peace, the dispute shall fall under the justice of the peace of the sub-district Heist-Op-Den-Berg. Exclusively Belgian domestic law shall apply.

GENERAL TERMS AND CONDITIONS WEBSHOP BVBA DE BRUYN

BVBA DE BRUYN, with registered office at 3130 BEGIJNENDIJK, Vennestraat 6a, Belgium, business registration number 0456 696 883

BVBA DE BRUYN can be contacted at the aforementioned address, by telephone +32 16 56 14 27 and by e-mail info@boomkwekerij-debruyn.com

The following contains the general terms and conditions to which the supply of all the products listed on the Catalogue on the website is subject.

These general terms and conditions exclusively apply to every contract to which BVBA DE BRUYN is party, on the understanding that Book VI of the Code of Economic Law (Wetboek van Economisch Recht), insofar as it is applicable, may stipulate divergent provisions. The general terms and conditions stated on the documents of the client are not binding on BVBA DE BRUYN. The failure of BVBA DE BRUYN to apply one of the rights allocated to it by its general terms and conditions does not imply the forfeiture of rights.

Only written and mutually agreed deviations from these provisions are valid.

The consumer is entitled to notify the vendor of cancellation of the purchase, without penalty and without the requirement to give reasons, within 14 calendar days from the day following the delivery of the goods. Certain products are not subject to the right of withdrawal; this concerns products and services which, by their nature, cannot be returned, or which can rapidly degrade or age, such as plants, trees and suchlike.
(see further under point 11).

  1. The sales contract between BVBA DE BRUYN and the client only comes into effect after written acceptance of the order (order e-mail) BVBA DE BRUYN.
     
  2. The product prices listed on the website are inclusive of VAT unless indicated otherwise, and are applicable subject to changes as a consequence of errors on the website.
     
  3. Accepted orders shall be delivered as soon as possible, with a maximum delivery period of 30 days after acceptance. Delivery times are always approximations and are therefore not binding unless expressly agreed otherwise by the parties. Exceedance of the anticipated delivery period cannot therefore give rise to damage compensation, substitution or termination of the contract at the expense of BVBA DE BRUYN. The late, erroneous or incomplete execution of the contract shall not justify the non-payment or the late payment of the sums owed.
     
  4. The goods delivered remain the property of BVBA DE BRUYN until the price has been paid in full, including associated charges such as interest, damages and any additional costs, even when the goods have been incorporated, this in express departure from article 1583 of the Civil Code.
    All risks, including but not limited to theft or damage after delivery, overheating, frost damage and regrowth of the materials, shall be borne by the client. Taking possession of the goods by the client without comment serves as evidence of receipt of the goods in perfect condition.
    If the goods are to be delivered to the client by BVBA DE BRUYN, this shall be solely at the risk of the client; delivery shall take place at a location agreed in advance between the parties and which is directly accessible from the pubic highway. If delivery is not possible without entering the premises of the client, this shall occur at the risk of the client. The client must ensure that he/she or an authorized representative of the client is present at the time of delivery, and that immediate unloading of the goods is possible, failing which all associated costs shall be charged to the client.
     
  5. The client shall bear the risk for the empty crates and carrying materials until these are returned to BVBA DE BRUYN. The empty crates and carrying materials shall be invoiced upon purchase and partially reimbursed on their return in good condition to BVBA DE BRUYN.
     
  6. After written acceptance of the order, the client shall receive the invoice from BVBA DE BRUYN.
    BVBA DE BRUYN reserves the right to request an advanced payment or payment in full from the client, before proceeding with the order. Late payment shall in any case result in postponement of the delivery.
     
  7. All invoices are payable in cash at the registered office of BVBA DE BRUYN in Begijnendijk, unless agreed otherwise. After a period of eight days following the invoice date, the invoice shall be regarded as accepted. Any objection to the invoice should be sent by registered letter within the period of eight days following the invoice date. By ordering the product electronically, the client confirms his/her agreement to the use of electronic invoicing.
     
  8. Any invoice that has not been paid in full by the date on which payment is due, shall automatically and without prior notice be increased by a late payment penalty of 10% per year, as well as being subject to a lump-sum compensatory payment of 10% of the invoice amount, with a minimum of 75 EUR per invoice.
    The failure to pay an overdue invoice shall automatically and without prior notice trigger the exigibility of all non-overdue invoices, whereby BVBA DE BRUYN reserves the right to suspend the execution of the contract without the client being entitled to any form of compensation.
    In the event of death or evidence of insolvency on the part of the client, including but not limited to bankruptcy, judicial reorganization or judicial dissolution on the part of the client, BVBA DE BRUYN shall be entitled immediately to terminate the contract, without being obliged to pay any form of compensation.
     
  9. The liability of BVBA DE BRUYN shall never extend beyond the invoice value of the order. Any right to compensation is conditional upon the client notifying BVBA DE BRUYN of the damage in writing within 24 hours of occurrence of the damage. BVBA DE BRUYN can only be held liable in the event of proven intent or gross negligence on the part of BVBA DE BRUYN and, if multiple parties are involved, only to the extent of BVBA DE BRUYN's proven share of the liability.
    If the liability of BVBA DE BRUYN is proven, its liability shall be limited to direct damage, to the exclusion of indirect damage, including but not limited to lost profit, financial or commercial losses, lost production, increased general costs, increased administrative costs, loss of or damage to data, loss of contracts, immaterial damage and loss of customers.
    Use of the goods by the client him/herself or by a third party shall occur under the full responsibility and at the risk of the client. BVBA DE BRUYN can in no way be held liable for direct or indirect damage resulting from the use or location assigned to the goods by the client.
     
  10. In the event of force majeure or if the execution of the contract becomes unreasonably onerous, BVBA DE BRUYN shall be entitled to terminate the contract partially or in full, or to suspend it, without being obliged to pay any form of compensation.
    If, at the time that force majeure commences, BVBA DE BRUYN has already fulfilled its obligations in part, BVBA DE BRUYN shall be entitled to invoice separately the part already delivered and the client shall be obliged to pay this invoice. Force majeure includes but is not limited to: fire, strike or lock-out, war, riots, mobilization, epidemics, (serious) illness, floods, natural disasters, governmental measures, bankruptcy of the supplier, armed robbery, (unavoidable) defects in the production chain, general scarcity of raw materials or products, restrictions on energy consumption, and this for BVBA DE BRUYN and any of its suppliers, environmental circumstances, growth damage or degradation of the goods due to weather damage, tree or plant diseases.
     
  11. If, for any reason, the consumer does not wish to purchase a product, he/she is entitled to notify BVBA DE BRUYN of his/her cancellation of the purchase, without penalty and without the requirement to give reasons, within 14 calendar days from the day following the delivery of the product. Certain products are not subject to the right of withdrawal; this concerns products and services which, by their nature, cannot be returned, or which can rapidly degrade or age, such as plants, trees and suchlike.
    Cancellation shall only be accepted when the products are received by BVBA DE BRUYN unused and in the original, undamaged packaging. Products that have been specially ordered for the client are not eligible for cancellation. The packaging and delivery costs of the return delivery shall be borne by the client.
    In the event of cancellation by the client, BVBA DE BRUYN shall reimburse all payments received from the client within 14 days following the day on which BVBA DE BRUYN is informed of the client's decision to cancel in the aforementioned manner, this subject to receipt by BVBA DE BRUYN of the returned products. Any additional costs which may arise when the client has expressly chosen a different delivery method than the cheapest standard delivery offered by BVBA DE BRUYN shall not be reimbursed.
     
  12. Subject to other legislative provisions, BVBA DE BRUYN can at any time, even in a situation of joinder, whatever the cause, including joinder resulting from bankruptcy of the client, proceed to the offsetting of claims and debts which mutually exist between BVBA DE BRUYN and the client.
     
  13. The nullity of one or more provisions of these general terms and conditions does not affect the validity of the other provisions.
     
  14. All disputes fall under the sole jurisdiction of the court district of Antwerp, division Mechelen; in case of jurisdiction ratione materiae of the justice of the peace, the dispute shall fall under the justice of the peace of the sub-district Heist-Op-Den-Berg. Exclusively Belgian domestic law shall apply.