General Conditions 

GENERAL CONDITIONS (NV WEST-DECOR)

1. AGREEMENT
1.1. Unless otherwise stated in writing, every offer and agreement is governed by these terms, which constitute an integral part of them and automatically take precedence over the customer's purchasing conditions.

Any deviation or modification of these terms can only be invoked against NV WEST-DECOR if it has been expressed in writing and the company has provided its written consent.

1.2. When orders are executed without a prior written agreement regarding the price, the prices applicable are those of the day of delivery.

2. DELIVERY TERMS
2.1. The agreed-upon delivery terms are indicative. Any delay, if not genuinely unreasonable and solely attributable to NV WEST-DECOR, cannot lead to the dissolution of the agreement and/or the obligation to pay any compensation to the customer.

2.2. Changes to the order result in an automatic extension of the agreed-upon delivery terms. The exceeding of payment deadlines for down payments is added to the delivery term.

3. TRANSFER OF RISK AND RETENTION OF OWNERSHIP
3.1. The responsibility and risk of the goods transfer to the customer upon the establishment of the agreement. However, the goods remain the property of NV WEST-DECOR until the complete payment of the price and related charges.

3.2. The ordered goods and materials are always delivered ex-factory/warehouse and are accepted at the place of delivery. They are transported at the risk and peril of the customer, even if it has been agreed that PLC WEST-DECOR is responsible for the transportation.

4. INVOICING AND PAYMENT
4.1. The invoices are payable at the registered office of NV WEST-DECOR upon delivery, in cash and without deduction. Any complaints regarding an invoice must be made within eight days from the invoice date, through a registered and motivated letter, under penalty of forfeiture.

4.2. In case of non-payment on the due date, interest is due by operation of law and without notice of default, from the due date, calculated at the interest rate determined in accordance with Article 5 of the Law of 02.08.2002 concerning the combating of payment arrears
in commercial transactions.

4.3. In the event of non-payment on the due date and after a registered notice of default, any amount due is automatically increased by 12%, with a minimum of 50 Euros, as a lump-sum compensation for extrajudicial costs. This compensation is automatically increased with the conventional interest specified in Article 4.2 from the date of the registered notice of default.

4.4. In the event of non-timely payment on the due date and after a registered notice of default, NV WEST-DECOR may always choose to automatically terminate the contract at the expense of the customer, provided there is a registered notification to that effect. In such a case, NV WEST-DECOR retrieves the delivered goods wherever they are, and the customer is automatically obliged to pay compensation, the minimum of which is fixed at 25% of the price excluding VAT, with the higher amount to be proven by NV WEST-DECOR. Similarly, in the case of non-payment on the due date, NV WEST-DECOR reserves the right to cancel or suspend the execution of orders not yet delivered, which is communicated to the customer by registered mail. In the case of cancellation, the same compensation is due as determined above.

4.5. If, despite a notice of default, the customer refuses to accept delivery or makes it impossible for NV WEST-DECOR to deliver, the agreement is automatically considered dissolved to its disadvantage.
In case of the dissolution of the agreement, the customer is obligated to pay a compensation, the minimum of which, taking into account potential damages, is fixed at 25% of the total price or, if applicable, the price of the undelivered part, with the higher amount to be proven by NV WEST-DECOR.

5. CONFORMITY OF THE DELIVERY
5.1. NV WEST-DECOR undertakes to deliver goods that conform to the purchase agreement. Such conformity is presumed when the goods: conform to their description by NV WEST-DECOR and possess the qualities of the goods that NV WEST-DECOR has presented to the customer as a sample or model.

5.2. The burden of proof regarding the lack of conformity rests with the customer.

6. LIABILITY OF NV WESTDECOR
6.1. In the absence of explicit acceptance of the delivery, complaints regarding the conformity of the goods must be made by registered mail within fifteen days after the delivery of the goods and before the customer or third parties use, handle, process, or resell the goods, under penalty of forfeiture. 

6.2. NV WEST-DECOR is only liable for hidden defects if the lack of conformity becomes apparent within a period of six months from the delivery of the goods.

The customer can only exercise their rights if they have notified NV WEST-DECOR of the lack of conformity within a period of two months from the date on which they discovered the lack, through a registered letter. The customer's claim expires three months after this notification of the lack of
conformity.

7. APPLICABLE LAW AND COMPETENT COURTS:
7.1. In the event of a dispute, only the Justice of the Peace Court of the HARELBEKE district and the courts of the judicial district of KORTRIJK are competent ratione loci. The customer can only summon NV WEST-DECOR before the courts of its registered office. This also applies in case of urgency (e.g., summary proceedings). NV WEST-DECOR may choose another court that is territorially competent under Article 624 of the Judicial Code.

7.2. Working with bills of exchange does not imply novation of debt and, therefore, does not bring about any changes in jurisdiction or other contractual conditions.

7.3. Belgian law is applicable, and for everything not explicitly regulated in these general conditions, reference is made to common law.

8. PRIVACY POLICY & DISCLAIMER
The website is owned by Westdecor NV (Ter Donkt 40, 8540 Deerlijk), 056/71 52 43, info@westdecor.be, Enterprise Number: VAT BE0405 382 004
By accessing and using the website, you expressly agree to the following terms and conditions:

8.1. Intellectual Property Rights
The content of this site, including trademarks, logos, designs, data, product or company names, texts, images, etc., is protected by intellectual property rights and belongs to Westdecor NV or rightful third parties.

8.2. Limitation of Liability
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and cannot be considered as personal, professional, or legal advice to the user.
Westdecor NV makes significant efforts to ensure that the information provided is complete, correct, accurate, and up-to-date. Despite these efforts, inaccuracies may occur in the provided information. If the provided information contains inaccuracies or if certain information on or via the site is unavailable, Westdecor NV will make the greatest possible effort to correct this as soon as possible. However, Westdecor NV cannot be held liable for direct or indirect damage arising from the use of the information on this site. If you notice inaccuracies in the information provided on the site, you can contact the site administrator (website@westdecor.be).
The content of the site (including links) can be adjusted, modified, or supplemented at any time without prior notice. The company name does not provide guarantees for the proper functioning of the website and cannot be held liable in any way for any malfunction or temporary (un)availability of the website or for any form of damage, direct or indirect, resulting from access to or use of the website.
Westdecor NV cannot, under any circumstances, be held liable to anyone, in a direct or indirect, special, or other manner, for damage resulting from the use of this site or any other, particularly due to links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs, or other data on the computer system, equipment, software, or other items of the user.
The website may contain hyperlinks to websites or pages of third parties or refer to them indirectly. The placement of links to these websites or pages does not imply in any way an implicit approval of their content.
Westdecor NV expressly declares that it has no control over the content or other features of these websites and cannot be held liable in any way for their content or features or for any other form of damage resulting from their use.

8.3. Privacy Policy
Westdecor NV values your privacy.
If the website user is asked for personal information:
The data controller, Westdecor NV, adheres to the Belgian law of December 8, 1992, regarding the protection of privacy in the processing of personal data.
The personal data you provide will be used for the following purposes: our customer management, order processing, sending newsletters, sending our catalog, ...
You have a legal right to access and, if necessary, correct your personal data. Upon proof of identity (copy of identity card), you can obtain, free of charge, the written communication of your personal data by sending a written, dated, and signed request to Westdecor NV, info@westdecor.be. If necessary, you can also request the correction of data that is incorrect, incomplete, or not relevant.
In case of the use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. To do so, you can always contact Westdecor NV at website@westdecor.be.
Westdecor NV may collect anonymous or aggregated data of a non-personal nature, such as browser type or IP address, the operating system you use, or the domain name of the website from which you came to the Westdecor NV website, or through which you leave it. This allows us to continuously optimize the Westdecor NV website for users.

8.4. The use of "cookies."
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
First-party cookies' are technical cookies used by the visited site itself with the aim of optimizing the site's functioning. For example, settings that the user has made during previous visits to the site, or a pre-filled form with data that the user entered during previous visits.
Third-party cookies' are cookies that do not originate from the website itself but from third parties, such as a present marketing or advertising plug-in. Examples include cookies from Facebook or Google Analytics. Visitors to the site must give their consent for such cookies - this can be done through a bar at the bottom or top of the website, with a reference to this policy, which does not prevent further browsing on the website.
By using our website, you agree to our use of cookies.

8.5. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ('Google'). Google Analytics uses 'cookies' (text files placed on your computer) to help analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google uses this information to evaluate your use of the website, compile reports on website activity for website operators, and provide other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings in your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.