General terms and conditions of Bowdy & Brave
1. Definitions
General terms and conditions: These general terms and conditions. Bowdy & Brave: The limited liability company Bowdy & Brave, with its registered office at 2830 Tisselt, Westdijk 150, registered with the CBE under number 0440.914.686. Consumer: Any natural person acting for purposes outside his trade, business, craft or profession as referred to in article I.1.2° WER. Customer: A natural or legal person, individually or in a group, who purchases or wishes to purchase goods from Bowdy & Brave. Company: any natural person or legal entity which pursues an economic purpose in a sustainable manner, as well as its associations and which concludes the present Agreement in the context of its economic purpose. Agreement: The agreement between Bowdy & Brave and the Customer regarding the purchase of goods, of which the appendices, these General Terms and Conditions and any special conditions or addenda form part. Force majeure: Any unforeseeable and insurmountable event which makes it reasonably impossible for a Party to perform its obligations. Party or Parties: The Customer and Bowdy & Brave are each referred to separately as a Party and jointly as Parties. Working Day: Any weekday excluding Saturday, Sunday and legal holidays in Belgium.
2. Applicability
a. Subject to the provisions of Article 12 of these General Terms, the most recent version of these General Terms applies to all offers, quotations, orders and agreements with Bowdy & Brave.
b. The applicability of the general or sales conditions applied by the Customer is expressly excluded.
c. Deviations and additions to these General Terms and Conditions shall only be binding on Bowdy & Brave if agreed in writing.
d. By placing an order with Bowdy & Brave, the Customer is deemed to have accepted these General Terms and Conditions without any reservations.
3. Orders
a. Our quotations and offers are only valid for the period stated on them. If no period is indicated on an offer or quotation, it is valid for one month.
b. Our quotations and offers only apply as long as stocks last.
c. Offers and quotations made by Bowdy & Brave, its staff, representatives or other intermediaries, whether orally, in writing or via the website or any other platform are only binding if this offer is confirmed by Bowdy & Brave to the Customer by normal or electronic mail.
d. If Bowdy & Brave modifies an offer or quotation, the original offer shall immediately lapse.
e. The Customer has the right to cancel an order upon payment of a flat-rate compensation of 30% of the price of the order.
f. Any cancellation must be made in writing and is valid only after written acceptance by Bowdy & Brave.
g. Cancellation of orders relating to personalised and/or customised goods is not possible.
4. Description of goods.
a. The goods are delivered as stipulated in the purchase order, quotation or on the front of the invoice.
5. Price
a. Unless otherwise stated in writing by Bowdy & Brave, the price does not include transport costs, packaging costs, all taxes, VAT and other duties.
b. If, between the acceptance of the order and the delivery, exceptional circumstances affect the economic balance of the Agreement which oblige Bowdy & Brave to increase its prices and/or change its payment terms, Bowdy & Brave will be entitled to charge the Customer a corresponding price increase with ordinary notice. The Customer will then be able to terminate the order in writing within seven (7) days from the notification, whereby the Parties will not owe each other any damages. If the Customer does not terminate the order, the new terms and conditions will automatically and by operation of law apply to the order.
6. Delivery
a. Unless otherwise stated in writing by Bowdy & Brave, delivery will be made by Bowdy & Brave at the place agreed with the Customer
b. Unless otherwise stated in writing by Bowdy & Brave, delivery dates are approximate only and are given purely for indicative purposes. In any case, delays in deliveries due to unforeseeable circumstances, independent of the seller’s will, and which prevent the latter from meeting the agreed delivery date cannot be invoked by the Customer as justification for cancelling the sale, refusing the goods or claiming damages.
c. If the Customer fails to take delivery of the goods after formal notice, Bowdy & Brave is entitled, in addition to other legal recourse, either to terminate the contract in whole or in part or to demand its enforced performance.
d. In the case of multiple deliveries, partial or total failure to perform one or more partial deliveries will not affect other deliveries.
e. Bowdy & Brave is always entitled to refuse the delivery of a new order, even if it has communicated prior confirmation with regard to this new order, as long as the customer still owes payment for past due invoices relating to previous orders.
f. The customer shall ensure that the goods can be delivered by Bowdy & Brave in a normal way at the agreed place and time, including ensuring the accessibility of the delivery place. If this is not complied with, the customer is obliged to compensate all damages, including waiting hours, on Bowdy & Brave’s behalf.
g. The delivered goods remain the property of Bowdy & Brave until full payment of the price, including principal, interest, and costs, as well as additional services, even if these goods have modified or incorporated.
7. Transfer of risk
a. The risk of the goods passes to the Customer immediately upon delivery.
8. Control and assurance
a. The Customer shall immediately take delivery and inspect the goods.
b. Complaints regarding the quantities delivered should be made immediately upon delivery, if necessary with regard to the delivery service.
c. Complaints relating to visible defects or deviations of the delivered goods must be submitted in writing no later than eight (8) days after receipt via registered or electronic mail, accompanied by a detailed description of the defect and at least two clear photos showing the defect.
d. Bowdy & Brave provides a warranty on hidden defects in the delivered goods for a period of 2 months from delivery.
e. Hidden defects mean those defects that render the product significantly unsuitable for its normal use or for the use for which it was expressly intended in the special conditions.
f. Complaints regarding hidden defects of the delivered goods must be submitted in writing no later than eight (8) days after the hidden defect was discovered or could reasonably have been
discovered via registered or electronic mail, accompanied by a detailed description of the defect and at least two clear photos showing the defect.
g. Bowdy & Brave’s warranty is in any case limited, as far as clothing is concerned, to the replacement of the defective product, insofar as replacement is possible. If replacement is not possible, the guarantee is limited to reimbursement of the price paid and return of the defective product. For other articles, the warranty is limited to repair free of charge, or to the costs of spare parts and labour, excluding indirect damage, immaterial damage, the costs of returning the product to our company and the costs of returning it to the Customer and without the Customer being able to claim any compensation for whatever reason.
h. Bowdy & Brave is not responsible for problems due to the wrong and/or improper use of the product, problems due to force majeure, in due to the intentional fault or act of the Customer, its appointees or any other third parties.
i. The Customer shall provide Bowdy & Brave with all evidence regarding reported defects or discrepancies. The Customer shall give Bowdy & Brave the opportunity to inspect the defects and find a solution.
j. The liability of Bowdy & Brave towards the customer, for whatever reason, will always be limited to the direct and foreseeable damage, to the exclusion of any indirect, consequential and/or trading loss including loss of profit or income and to compensation for immaterial damage, and will be limited to the price invoiced for the order or the part of the order to which the complaint relates. The Customer indemnifies Bowdy & Brave against claims by third parties in connection with the deliveries made that exceed the stated maximum.
k. Complaints do not release the buyer from his obligation to pay the price according to the terms of the contract, regardless of the merits of the complaint.
9. Invoicing and payment
a. Bowdy & Brave’s invoices are always detailed stating items.
b. The payment period is thirty days from the date of invoice.
c. Invoices are deemed accepted in the absence of written protest within 8 days of receipt.
d. Objections to the invoice do not remove the obligation to pay.
e. Set-off by the Customer against any amount that Bowdy & Brave may owe to it is not permitted.
f. A discount for cash payment can only be taken into account if expressly agreed in advance.
g. Bowdy & Brave may require from the Customer a bank guarantee, deposit or advance payment of invoices if its confidence in the Customer is shaken by late payment or non-payment, by acts of judicial execution against the Buyer and/or identifiable other events which call into question confidence in the proper performance of the Customer’s obligations. If the Customer refuses to do so, Bowdy & Brave reserves the right to cancel all or part of the order, even if all or part of the goods have already been dispatched. Where appropriate, this will be regarded as a cancellation by the Customer.
10. Default
a. If the Customer has not paid, not paid in full and/or not paid on time, he shall be in default by operation of law and without notice of default. The customer shall then also immediately be liable for late payment interest equal to the legal interest rate in accordance with Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions, as well as compensation for damages of 10%, with a minimum of €125.00. This in no way excludes the right of Bowdy & Brave to compensation of all costs arising from the non-payment, such as costs of dunning, judicial and/or extrajudicial collection, file costs, collection costs and/or lawyer’s fees incurred.
b. Any non-payment of an invoice by the due date or any non-payment shall entail the callability of the invoices, even those not yet due, which have already been drawn up and transmitted to the Customer at that time and shall automatically cancel any payment facility or cash payment discount for the future.
c. The amounts referred to in this article are payable immediately.
11. Force majeure
a. If, as a result of Force Majeure, either Party is prevented from performing its obligations under the Agreement, it shall immediately notify the other Party of such prevention. Furthermore, it shall keep the other Party informed about all developments related to the Force Majeure. The Service Provider’s Force Majeure does not exempt the Customer from its obligations. If Bowdy & Brave is unable to fulfil its obligations to the Customer, in full or in time, due to any extraneous cause, Force Majeure or accident, such obligations shall be suspended during the Force Majeure.
b. Force majeure is at least: any event beyond Bowdy & Brave’s reasonable control.
c. If the condition, as created by the above-mentioned extraneous cause, force majeure or accident, has lasted for three months, both Parties have the right to terminate the Agreement in writing in whole or in part, without any compensation being due between the Parties.
12. Amendment of General Terms and Conditions
a. All quotations, offers and/or agreements with Bowdy & Brave for the delivery of goods are exclusively subject to these general terms and conditions.
b. These general terms and conditions and the rules and regulations applicable hereunder may be amended by Bowdy & Brave. Amendments enter into force 30 days after the day they are communicated to the Customer, unless the communication specifies a different effective date.
13. Personal data protection
a. Bowdy & Brave processes personal data of the Customer for the establishment and performance of the Agreement in accordance with the General Data Protection Regulation 2016/679/EU.
b. The Agreement is subject to the Privacy Policy. The Privacy Policy can be accessed on Bowdy & Brave’s website.
14. Final provisions
a. The validity of the Agreement and of these Terms and Conditions shall not be affected by the nullity of any part thereof.
b. If changes in legislation lead to circumstances of such a nature that the unaltered continuation of the Agreement with regard to one or both parties cannot be expected according to standards of reasonableness and fairness, the parties will adjust the Agreement to the extent necessary. If continuation of the Agreement is no longer possible, the parties will consult with each other about entering into a new Agreement.
c. Failure to insist on compliance with one or more provisions of the Agreement or these General Terms may not be construed as a renunciation thereof or a limitation of Bowdy & Brave’s rights.
d. The Customer accepts that the intellectual property rights in the materials and products produced by Bowdy & Brave are the exclusive property of Bowdy & Brave. The Customer is in no way entitled to duplicate, share or distribute these materials without the prior written consent of Bowdy & Brave.
e. All disputes that may arise between the Parties as a result of the Agreement shall be settled on its basis by the courts of the district of Antwerp, Mechelen division, unless the Parties agree on another form of dispute resolution.
f. The Agreement and these General Terms and Conditions are governed by Belgian law.
g. By signing the Agreement, the Customer accepts the full General and Special Terms and Conditions and acknowledges having taken prior notice of them and renouncing any conflicting document.