General terms and conditions for retailers

Article 1 – Definitions

Company: the private limited company (besloten vennootschap) under Belgian law BV Fortry The Label, with registered office at Beeklaan 1, 8530 Harelbeke, (Belgium), with VAT number BE 0784.856.890, with email address  (hereinafter referred to as Fortry).

Customer: is any person or legal entity subject to VAT who places an order/purchases products from Fortry and who acts in the context of their trade, business or professional activities.

Agreement: the Agreement concluded between Fortry and the Customer, of which these general terms and conditions form an integral part.

Article 2 – Scope

2.1 These general terms and conditions apply to every offer from Fortry and to every Agreement between Fortry and the Customer.

2.2 These general terms and conditions are notified to the Customer before entering into the Agreement, who can view them on our website before entering into the Agreement. These general terms and conditions can be downloaded and saved via the website. Whenever a Customer so requests, we will also send a digital (by mail) or printed copy (by post) of these general terms and conditions to the Customer free of charge.

2.3 In the case of electronic purchases/online orders via the website, the Customer will have to open (and be able to print) the general terms and conditions and accept them, by checking the box with which he/she declares to have taken note of the general terms and conditions and to accept them, (tick box) before completing the purchase.

2.4 The Customer expressly declares that he/she was informed of these general terms and conditions and their implications before entering into the Agreement and that he/she has accepted all the stipulations thereof, unless expressly agreed otherwise in writing. This acceptance also implies that the Customer completely renounces the application of its own general terms and conditions.

2.5 Fortry The Label is only active on European territory. An order can only be accepted if the delivery address is located in Europe.

Article 3 – Products – Offer

3.1 All products listed on our website have a complete and accurate description. The description of the products is sufficiently detailed so that the Customer can properly assess the products on the basis of this description. The images used are a true representation of the products. Obvious errors or mistakes do not bind us.

3.2 If an offer has a limited period of validity or is offered under specific conditions, this will be explicitly stated in the offer.

3.3 Each offer contains sufficient information such that the rights and obligations involved in accepting the offer are clear to the Customer.

Article 4 – Conclusion of agreement (remotely)

4.1 The (remote) agreement is only concluded after order confirmation by Fortry.

4.2 All agreements are deemed to have been concluded at Fortry’s registered office.

4.3 If the Customer has placed the order electronically, Fortry will confirm receipt and acceptance of the offer as soon as possible.

4.4 If the Agreement is formed electronically, we will take appropriate technical and organisational measures to protect the electronic transfer of data, and we will ensure a secure web environment. If the Customer can pay electronically, the Company will take the appropriate security measures to make this possible.

Article 5 – Price & payments

5.1 The prices of the goods ordered via the website always include VAT and exclude shipping costs.

5.2 The shipping price will be charged when placing the order. This depends on the type of product, total number of products purchased and shipping method chosen by the buyer.

5.3 All offers are valid as long as they are included on the Fortry website. The indicated prices are always subject to change. If an order is placed, the price that was applicable at the time of the order applies to this order.

5.4 Obvious mistakes or obvious errors in the offer are not binding on Fortry.

5.5 The Customer has the option of paying for the goods by bank transfer or by cash at the registered office, without discount. Fortry reserves the right to validate payment details and to suspend delivery of the goods until full payment has been received.

5.6 Invoices are communicated to the Customer by email.

5.7 If invoices are not paid by their due date, the Customer will automatically and without prior notice of default owe interest equal to the interest rate as determined in Article 5 of the Act combatting late payment in commercial transactions, increased by 3%, without the interest being lower than 10% per year and this for each month already started. In addition, the outstanding balance is increased by fixed damage compensation of 10% that cannot be reduced to a lower amount. This in no way precludes the right to claim additional compensation for the proven damage suffered and costs incurred.

5.8 In the event of late payment of the invoices by the due date, Fortry has the right to suspend delivery until full payment of the amounts owed by the Customer.

Article 6 – Ownership

The goods remain the property of Fortry at all times until full payment of the invoice. Despite this retention of title, the risk due to loss or damage shall pass to the Customer as soon possession is taken of the goods.

Article 7 – Complaints and liability of Fortry

Insofar as the acceptance of the delivery has not been expressly made, complaints regarding the conformity of the delivered goods must be made by registered letter, accompanied by the reasons for such, within eight working days after delivery and in any case before the goods are put into use. In any case, Fortry The Label’s liability is limited to replacement of non-conforming goods.

Article 8 – Delivery

8.1 The specified delivery times are indicative. A change in the order at the request of the Customer extends the delivery period by operation of law for a period that is necessary for Fortry to comply with this change.

8.2 All goods are delivered at the expense of the buyer and to the address specified by the Customer. Fortry can in no way be held liable for errors made by the Customer with regard to the delivery or billing address, and for any late deliveries.

8.3 If the Customer refuses to take receipt of the goods at the latest on the delivery date or if the Customer makes delivery by Fortry impossible, Fortry is entitled, after a registered notice of default, to suspend or dissolve the Agreement without judicial authorisation, except in the event of force majeure. In that case, Fortry is entitled to damage compensation that is fixed at a flat rate of 25% of the price, excl. VAT, without prejudice to Fortry’s right to claim real damage.

8.4 In the event of force majeure, by way of exception, Fortry’s commitment to deliver your order is suspended. By case of force majeure is also understood: the late or incorrect delivery of the stock by our suppliers, if the late delivery by our suppliers is not attributable to us.

8.5 We deliver in Europe. When time periods are expressed in working days, working days mean all days from Monday to Friday, excluding Belgian public holidays.

Article 9 – Intellectual property

All content on our website (logos, photos, text,…) is the property of Fortry and may not be reproduced under any circumstances.

Article 10 – Force majeure

In the event of “force majeure”, even if it does not lead to permanent and/or complete impossibility of execution, Fortry is legally authorised to suspend or unilaterally cancel its obligations, after having informed the Customer thereof. In that case Fortry cannot be held liable for any damage compensation.

Article 11 – Privacy policy

The Customer expressly agrees that personal data necessary for the conclusion of the Agreement will be collected and processed by Fortry. These personal data of the Customer will only be used by Fortry for execution of the Agreement.

By accepting these general terms and conditions, the Customer agrees that Fortry can also use the Customer’s personal data for marketing purposes. However, the Customer has the right to object to the processing of their personal data for marketing purposes. The Customer can contact Fortry for this.

Article 12 – Cookies

The Customer acknowledges being informed that a ‘cookie’ is added to their computer, which allows adding relative information necessary for navigating the Fortry website.

The Customer can refuse the installation of cookies by adjusting the default settings of their computer.

Article 13 – Nullity

If it appears that one or more stipulations of these general terms and conditions cannot be invoked in whole or in part against the Customer, Fortry and the Customer will ensure that the void clause is replaced by a valid clause that has the same effect within the legal limits.

If it should appear that one or more stipulations of these general terms and conditions cannot be invoked in whole or in part against the Customer, the other stipulations of the general terms and conditions will remain in full force.

Article 14 – Applicable law and disputes

The Agreement between Fortry and the Customer as well as these general terms and conditions are exclusively governed by Belgian law, even if a party involved in the Agreement is established outside Belgium.

If the parties have a dispute as a result of the Agreement and/or general terms and conditions, the first aim is to reach an amicable solution.

All disputes between parties regarding the agreements concluded between them and/or these general terms and conditions fall exclusively within the competence of the enterprise court of Ghent, Kortrijk division.