These general conditions of sale define, without prejudice to the application of special conditions, the respective obligations of Spirit LL SRL and its customer (or co-contractor) on the occasion of all sales made by Spirit LL SRL whose head office is located at [Rue Anatole France 45/7, 7100 La Louvière], referenced at the BCE under company number [BE0781.629.067].
The customer expressly acknowledges having read these general conditions, having understood them and having accepted them without reservation.
The provisions which are not expressly derogated from remain applicable. Only derogations subject to an express written agreement can modify the application of these general conditions. It is agreed that the specific provisions expressly accepted take precedence over the general ones, in the event of discrepancy. Furthermore, it is expressly agreed that in the event of a conflict between the general conditions of the customer and those of SPIRIT LL SRL, only the latter will prevail.
Unless otherwise stipulated in writing, the period of validity of our offers is 15 calendar days from the date of their issue. Once this period has passed, SPIRIT LL SRL reserves the right to modify its prices without notice. Any order entrusted to us is binding only after written confirmation from us.
The customer is informed that a deposit may be requested (see support document for the offer). In this case, this determines the validity of the offer. In the absence of payment of the latter within the specified period, the latter will be deemed null and void.
Changes made by the customer to his order form or to the offer will only be valid if they have been accepted and confirmed in writing by SPIRIT LL SRL.
In the event of unilateral cancellation of an order or an offer accepted by the customer, SPIRIT LL SRL reserves the right to demand compensation equal to 30% of the total amount of the order.
The buyer acting for private purposes may demand the benefit of the application of compensation and interest to the extent and under the conditions set by this clause, in the event of non-performance of our obligations.
The deadlines set for our services or deliveries are given, unless otherwise stipulated, for information purposes only.
If a deadline is imperative, it must be clearly specified as such on the order form or by the customer AND accepted by SPIRIT LL SRL. In this case, the customer may, when the delivery or performance is delayed, claim compensation without this exceeding 10% of the total price of the order. However, in the event of force majeure (without this list being exhaustive: strikes, lockouts, bad weather, storms, fires, floods, wars, computer bugs or viruses, technical incidents, supplier delays, shortage of -work, illness) or unforeseen circumstances, the performance deadlines are suspended until the case of force majeure or the unforeseen circumstance comes to an end. By unforeseen circumstances, it is appropriate to understand any circumstances reasonably unforeseeable at the time of the submission of the offer which would make the execution of the contract more difficult or more onerous on a financial or other level, beyond the normal forecasts. If these do not cease, they establish the basis for the parties to request the revision or termination of the contract.
In any case, the following circumstances release us from our deadlines :
1 - If the payment conditions are not respected by the customer; 2 - If changes or modifications are decided by the customer in progress; 3 - If the customer does not provide us with the information necessary for the execution of the order within the specified period.
The goods must in principle be collected by the customer at the headquarters of our company or at our warehouse, within the time limit set in the email sent following the order.
When delivery is our responsibility, it is made by the means of our choice, unless otherwise agreed in writing. In the event that our client is acting for professional purposes, the goods travel at his expense, risk and peril, except for fraud or gross negligence on our part or that of our employees.
If the customer fails or refuses to take delivery of the goods ordered, we reserve the right to demand performance of the contract or to consider, after prior formal notice, the contract as being automatically terminated. In the latter case, the customer will be liable to us, automatically and within eight clear days after notification of this termination, for a lump sum compensation up to 30% of the sale price.
The company retains its right of ownership over the goods sold until full payment of the price and its accessories (possible costs, interest and penalties). Consequently, the customer is expressly prohibited from selling, assigning, pledging and generally disposing of the goods covered by the contract, before clearing his account.
The company may avail itself of this retention of title clause eight clear days after sending a formal notice to pay, by registered letter with acknowledgment of receipt, addressed to the customer and which has had no effect. The goods must then be returned to the company immediately and on simple request.
The customer will nevertheless remain solely responsible for the loss, even by fortuitous event or force majeure, of the goods covered by this clause.
The fixed prices are denominated in euros.
Unless otherwise stipulated, they do not include transport costs which will be the subject of a particular item, if we are responsible for it or its organization.
Our prices are in principle not revisable, but we may however pass on to them any changes in the VAT rate occurring before the date of delivery.
Invoices are payable no later than the due date mentioned on them.
Any invoice unpaid on the due date will produce, automatically and without formal notice, conventional interest of 12% per year, with a minimum rate in accordance with that provided for by article 5 of the law of August 2, 2002 relating to late payment in commercial transactions.
Any invoice unpaid on the due date will also be increased, ipso jure and without formal notice, by a fixed and irreducible indemnity of 15% of the amount remaining unpaid with a minimum of 40,-€ per invoice as Penalty clause.
Any dispute relating to an invoice must reach us in writing, within eight clear days of its dispatch. Once this period has passed, the invoice will be deemed accepted by the customer.
The preceding stipulations do not contain any waiver of our right to claim, at our convenience, in the event of non-payment or non-compliance by our co-contractor with its contractual obligations, the resolution or termination of the agreement with damages.
These conditions are subject to change at any time. The applicable conditions nevertheless remain those communicated upon confirmation of the offer or order.
The invalidity, the non-applicability or the illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general conditions or other agreements), in no way entails the invalidity or nullity of the other provisions. to the contract. All clauses remain fully valid.
The parties accept, within the framework of their relations, electronic means of proof (for example: email, computer backups, etc.).
In the event of a dispute between parties or proceedings for payment, the courts on which our head office depends are solely competent.
Only Belgian law is applicable, in French.
