Terms and conditions
1. Identity and contact information Genico
Genico is the trading name of M. Geert Ninclaus, with company number 0791.023.023 and having its main office in Industriestraat 40 – 8755 Ruiselede
1.2. Information about Genico:
Trading name: Genico
Main office: Industriestraat 40 – 8755 Ruiselede
VAT number: 0791.023.023
Telephone number: +32 51 68 99 09
Hyperlink(s) Website: www.genico.be
2. Application of these terms
2.1. These general terms are applied to and are an integral part of every offer made by Genico and every concluded agreement (even concluded online and therefore at a distance) between Genico and the client. These terms apply above any other and/or contradictory terms made by the client.
2.2. If also specific product or service terms (special terms) apply besides these general terms, the special terms shall, in case of contradictory terms, supersede the general terms.
3. Quotations and offers
3.1. After the client has sent inquiries to Genico, Genico shall make a concrete offer in the shape of a detailed quotation. These quotations are merely indicative and hence free of engagement. The quotation is made based on information and dimensions provided by the client. Genico is not bound by apparent errors or mistakes in the offer.
3.2. The quotations contain only the performances and deliveries that are explicitly mentioned. Additional works and all what’s not explicitly mentioned in our quotations are not included in the price and the agreement and shall, in that case, be the subject of a separate written agreement between the parties.
3.3. The quotation shall be valid for 15 days, unless the quotation stipulates another duration for acceptance. The quotation shall automatically expire when the product/service in question isn’t available anymore, or when the quotation hasn’t been accepted within the period of validity. Altered circumstances shall always be cause for price adjustments. We bear no responsibility for errors due to incorrect or incomplete information as provided by the clients.
3.4. We reserve the right to ask our clients to pay in full after their orders before we start production.
4. Realization of the agreement
4.1.The signed quotation is binding, definitive and irrevocable and it brings into effect a written sales agreement.
4.2.When the client has accepted the offer electronically, Genico shall confirm, within reasonable time, from its part reception of the acceptance of the offer on a sustainable data carrier. Confirming the acceptance of the offer/ quotation can be done electronically. In that case, the offer/ quotation shall being accepted by the client, shall the sales agreement come into effect as soon as Genico has confirmed the reception of the acceptance by the client. Following the client shall receive the invoice.
5.1. The stated delivery and execution terms are, if not otherwise stipulated, merely indicative. In case previous terms were not to be observed, this shall neither entitle the client to renounce or terminate the contract nor shall it give way to any form of compensation.
5.2. After receiving payment, Genico shall start designing and manufacturing the product. Installing the goods is not part of the sales agreement. The goods are placed at the client’s responsibility.
5.3. Delivery shall occur, except it is otherwise stipulated in the agreement, from the warehouse. The goods are considered delivered and accepted as soon as the goods are picked up by the Client and are loaded into a means of transportation. The client is obliged to collect the goods within 10 days after a written communication by Genico that the bought goods are available from the warehouse.
5.4. Without prejudice to article 6, the risk for loss, damage, theft, perishment, and all the damage that goes along with it, is transferred to the Client from the moment of pick-up. Meaning from the moment the goods are loaded into a means of transportation by the Client. The transportation of the good is at the client’s peril and expense.
5.5. Failing to collect the purchased goods in time, or to receive them, storage and other costs shall be charged, and shall entitle Genico to annul the sales agreement to the client’s disadvantage, without the client being entitled to being reimboursed.
5.6. Costs for collection and transportation are, if not otherwise stipulated in the agreement, at the Client’s expense. The merchandise shall be, in any case, assumed to have been delivered and accepted when leaving are storage depots. Transportation shall always be at the client’s peril and hence the client needs to be insured against any damage.
5.7.In case there’s a delay in delivery and/or execution due to weather conditions, delays with suppliers, illness or special circumstances (force majeure), the delivery and execution times are extended in proportion.
5.8.In case, in contravention to article 5.1, a term is explicitly guaranteed, the stipulation of this term shall be the object of a separate written agreement with the client. In this case, the client shall only be entitled to compensation from us when the ordered goods were not to be ready within 30 work days after the agreed-upon term has ended and if the client has declared us in default by writing within 8 days after the previous term has ended and when we weren’t to have carried out the works within a 30-day period after the before-mentioned written proof of default.
Until the day of full payment of the sales price, the manufactured goods and materials shall remain our property at all times, unless otherwise stated in a separate, written and explicit agreement between parties.
All risks are at the Client’s expense. Paid advances remain acquired.
7. Exclusion right of withdrawal - Cancellation
The Client, even when he’s a consumer, cannot appeal to any right of withdrawal.
The client cannot cancel the order.
The client is excluded from any right of withdrawal because Genico manufactures the goods ordered by the client tailor-made, this according to the latter’s explicit specifications, provided measurements, and based on individual choice of the client. The Code Economic Law (article VI.53 WER) stipulates after all an exception to the legal right of withdrawal in case of tailor-made goods. When the Client still cancels the order, a compensation of the amount of 30% of the sales price shall be due.
When the order is cancelled within 7 days, a cancellation compensation by 30% on the sales prices shall be due. When the production of the goods has already started, a compensation of 50% shall be due, without prejudice to Genico’s right to claim a higher compensation when the costs already succeeds 50% of the sales price.
8. Guarantee – conformity – hidden defects - liability
8.1. Genico guarantees that the delivered goods comply with the agreement, the specifications mentioned in the offer, the reasonable demands of good quality and/or usability and the legal stipulations and/or government regulations which exist on the date of the realization of the agreement. Nonetheless, it’s only the Client who is responsible for all information and measurements being correct, such as, among other things, the information that is needed to make all statistical calculations of the elements, and the information necessary to make the production drawings by Genico.
8.2. When the goods are made out of wood, the client has to take into account that these goods may shrink or expand depending on the conditions of relative humidity and the temperature of the local air. In conformity with the stipulated standards, the wood was dried until it obtained an equilibrium moisture content that corresponds with the average indoor climate in our climate zone, being a constant humidity of 45 by 60% at a constant room temperature of 20 °C. Unfavourable humid conditions, for example drought (<50% LV) will immediately affect the wood. Regular check-ups with a good hygrometer is always necessary. When you don’t reach 45% humidity, there’s a chance the wood will shrink or crack. We recommend to keep the relative humidity at the necessary level by means of humidifiers. Shrinking, expanding or cracking due to unfavourable humid conditions shall not be regarded as a fault or a lack of conformity, and shall not fall under Genico’s guarantee.
8.3. The legal term of guarantee in accordance with article 1649bis of the Belgian Civil Code applies in case we’re dealing with a consumer purchase, and is in any case limited to 2 years. Moreover, Genico guarantees the good quality of the transformer in case it’s included for a period of 2 years, counting from the delivery date. Each guarantee is limited to the repairs of the established faults. Only when it’s not possible to repair, Genico shall replace the faulty parts. In case of production faults, the guarantee shall be limited to the replacement of the faulty parts. The client shall not be able to lay claim on any form of compensation whatsoever.
8.4. However, Genico shall not be held to any warranty or guarantee when:
- the client has already carried out repairs or has attempted repairs without prior consent of Genicode;
- the client has made alterations to the product without prior consent of Genico;
- the faults are caused by misuse of the product, either by faulty installation by the Client, or by failing to follow Genico’s instructions, or when the faults are caused by deliberate damaging;
- when the client had knowledge of the faults and/or the Client could establish the faults in a reasonable manner;
8.5. The Client is held to communicate the faults or each lack of conformity to Genico by registered writing, this within 15 days from the moment the faults were established or from the moment when the Client could have taken cognizance of the faults. When the Client is a consumer, the period in which he has to communicate these faults is 2 months. When this period is surpassed, Genico cannot be held to any guarantee anymore.
8.6. Either way, hidden faults have to be communicated to Genico within 15 days after the Client has established the faults or must have established them in a reasonable manner. For consumers this period is 2 months. When the faults aren’t communicated by the Client in this period, Genico cannot be held to warranty.
8.7. The installation of the goods aren’t part of the agreement. The goods are meant to be installed by the client following the included instructions. Genico’s liability is limited to the mere construction of the goods. The collection and installation of the product is entirely the responsibility of the Client. Any liability and warranty from our part concerning the faults to the delivered goods doesn’t reach further than those of our suppliers and are furthermore subjected to the same restrictions these suppliers have stipulated in their general terms and conditions. Our liability shall never extend past the mere replacement without the possibility of any compensation claim. In any case, our liability is limited to the amount of the possible intervention of the BA insurer in reference to their policy concerning professional responsibility. The compensation to which we might be held in regard to the client/contractual party/third parties, shall therefore never be higher than the coverage offered by the civil liability insurance. Compensation for consequential damage is explicitly excluded. Consequential damage comprehends among other things (non-limited enumeration): consequential loss, profit loss, loss of savings, etc.
9.1. All invoices are payable in cash at our main office, regardless of the payment method and even when we would draw bills of exchange on the client or we would let banks or other establishments cash our invoices.
9.2. The works are payable before the start of the works. All invoices are, if not subject to any other clause, payable within a 30-day period starting to count from the invoice date.
Failing to oppose the invoice explicitly and in writing within eight days after receipt of this invoice, the client is considered to have accepted this invoice without reservation and in all its parts.
9.3. When the client fails to pay what is due, we reserve on one hand the right to postpone further execution of the specific or any other agreement with the client until the client has settled the arrears, and on the other hand to consider the agreement to be dissolved by law without prior proof of default at the client’s expense.
Failing to pay just one invoice on the due date, shall result in making any other outstanding balance, even invoices that have not yet expired, immediately due.
Each invoice that isn’t paid on its due date or every invoice that’s not paid in full shall by law result in the payment of 10% of late-payment interests without prior proof of default, and this from the due date of the invoice until the day payment has been made in full.
In case of complete or partial non-payment of the invoice on the due date, without a valid reason, the amount due shall – without the need of a proof of default and without prejudice to any judicial costs – be raised with a lump sum of 15% of the total amount of claimed invoices or outstanding balances in compensation, this with a minimum amount of 125 euros, even in case of awarding terms of delay.
9.4.Not in any case shall checks, bills of exchange, mandates or receipts give way to debt renewal nor shall they give way to contravene our terms and conditions.
Genico attaches great importance to your privacy.
When the visitor of Genico’s web site is asked for personal information, this shall be done in conformity with the applicable stipulations of the General Data Protection Regulation (EU) – (GDPR). You will find a comprehensive segment explaining the ends for the treatment of your personal data, and the way we do this, in our separate declaration of privacy.
However, we shall not process any information which isn’t essential to the execution of the agreement, or for which we haven’t asked permission.
You shall always have a legal right to have access to your personal data and if necessary to change them. If you provide us proof of your identity (copy ID) you can obtain free of charge a written communication of your personal data by sending a request by e-mail to email@example.com. If necessary you can also ask to correct the data that are incorrect, incomplete or aren’t relevant, delete the data, to limit its treatment, or to have transferred those. When a request, however, is found to be obviously unfounded or excessive in nature, an administrative cost may be charged.
Concerning using your data for direct marketing: You are entitled to oppose free of charge the use of your personal data for direct marketing. You can do so by sending an e-mail to Genico, Industriestraat 40, 8755 Ruiselede, firstname.lastname@example.org, or by following the unsubscribe instructions (“unsubscribe”) that may be included in our e-mail correspondence. Before we use your data for marketing purposes, we shall always ask you for permission.
Genico can gather anonymous or aggregated data that are not of a personal nature, such as browser type or IP-address, the operating program you use or the domain name of the web site you used to access the Genico web site, or you use to leave the Genico site. This allows us to optimize permanently the Genico web site for its users.
11. Force majeure
Force majeure shall include – but is not limited to – each of the following events:
- Natural disasters (such as floods, storm, hurricanes, lightning, snow, earthquakes, etc.);
- Armed conflicts (such as war, revolution, rebellion, military operations, occupation, etc.);
- Social unrest (such as strikes, protests, lock-out, trade conflicts, etc.);
- Crimes (such as theft, terror, etc.);
- Diseases and epidemics;
- Power and telecommunication interruptions;
- Economical factors (such as delay of delivery, lack of materials, lack of manual labour, etc.);
- Accidents (such as fire, explosion, mechanical failure, …); and
- Government intervention;
Genico is liberated from any contractual or extra-contractual liability when force majeure is in play.
12. Intellectual property
Each work or design of Genico created by Genico itself, and the result being of its own intellectual creation, shall remain Genico’s exclusive property. Work or design shall entail every drawing, illustration, model, picture, animation, fonts, (web site) stencils and – to which an idea has been shaped, provisional as well as definitive.
All drawings, calculations and production plans that are made by Genico shall remain property of Genico. Copying in full or in part the constructions, construction forms or construction details that feature the former, as well as giving third parties access to it, shall not be permitted and shall be considered a violation of the copyright of Genico.
13. Applicable law – competent courts
In case of disputes of which the interpretation or the execution of the agreement may be the cause, only the courts of the jurisdiction of our main office shall be competent. The agreement with the Client is subject to Belgian Law.