Formation of the Contract

These general terms and conditions form an integral part of the sale and are considered accepted by the buyer, even if they contradict their general or specific purchasing conditions. Therefore, these latter conditions are only binding on Mijade sprl if expressly accepted. Consent cannot be inferred from the fact that the sale occurred without protest against the provisions referring to general or specific conditions or other similar terms from the buyer. Any order definitively binds its author to Mijade sprl. Once accepted by Mijade sprl, the sale is deemed complete.

Acceptance and Delivery

The delivery of goods is considered to have taken place at Mijade sprl’s premises, either through direct handover to the buyer, by simple notice of availability, or by handover to a carrier designated by the buyer or, failing that, by Mijade sprl. The principle of delivery at Mijade sprl’s premises is not altered by terms such as “free delivery to station,” “to dock,” “to home,” or “reimbursement of transport costs,” which should only be seen as price concessions without transferring responsibility. All risks, including those during transport, are borne by the buyer from the moment of delivery.

Payment

Invoices from Mijade sprl are payable in cash, without discount, in Brussels. Any amount not paid when due will automatically bear a conventional interest of 1.5% per month, with each commenced month considered fully due. Additionally, it will be subject to a lump-sum conventional compensation of 15%, with a minimum of €61.97.

Sales Price

The buyer expressly agrees to respect the price imposed by Mijade sprl for public sale and to impose this obligation in their own general sales conditions for resale. Any liquidation sale and related advertising are strictly prohibited without the prior written agreement of Mijade sprl. In case of a violation of this article, the buyer shall pay Mijade sprl €495.79 per confirmed infraction as a lump-sum conventional compensation. Mijade sprl reserves the right to modify its prices without prior notice, including in ongoing contracts; in this case, the price change will apply to the unfulfilled part of the sale, with the buyer retaining the right to continue or terminate the contract.

Delivery Times

Delivery times are provided for guidance only. It is expressly agreed that any delay will not give rise to claims for damages or order cancellation by the buyer. The buyer is obligated to accept partial deliveries.

Warranty – Claims

Any claim from the buyer, to be admissible, must reach Mijade sprl by registered letter within eight days of delivery. It is expressly agreed between the parties that the absence of any dispute within the specified time leads to the buyer’s unconditional acceptance of the delivered goods. Similarly, using part of the delivered goods automatically implies acceptance of the entire delivery, meaning that defects affecting part of the supply do not entitle the buyer to reject the whole. If the buyer proves liability on the part of Mijade sprl, Mijade sprl will replace the goods promptly, with all return and transport costs borne by the buyer, without entitlement to further compensation or order cancellation.

Return of Goods

No return of goods is accepted without the prior written agreement of Mijade sprl, specifying the quantity and value of the goods concerned. Return and transport costs are borne by the buyer. Returning goods does not suspend the payment obligation for the goods or any outstanding amounts. The buyer is only entitled to obtain other available goods from Mijade sprl, equivalent to the value of the returned goods, under the previously mentioned admissibility conditions.

Sales Representative

An order brought by a sales representative only binds Mijade sprl after written confirmation.

Retention of Title

All delivered goods remain the property of Mijade sprl, regardless of their location, until full payment is made. Mijade sprl declines any responsibility for shortages or damages.

Jurisdiction

In the event of any dispute of any nature, and regardless of the place of delivery, only the courts of Namur shall have jurisdiction.