Conditions générales

Euro Joe, Moorslede, Belgium

Article 1. Applicability
These general conditions apply to all offers and all agreements entered by us, whatsoever. In particular, these conditions also apply to agreements entered by us to supply goods to our buyers.
Where there is spoken in these general terms about "buyer"  it means any natural or legal person who is in a contractual relationship with us under a purchase agreement or other agreement. In particular, the term "buyer" also includes the person who has commissioned and for whose behalf business are delivered or done.
From these general terms can only be deviated and only if agreed in writing expressly.
Should the purchaser also refer to (his) general conditions, the terms of the buyer is not applicable. This is different only if and insofar, the applicability of the general terms of the buyer is not in conflict with our terms and conditions, then only the stipulation of our general terms do apply. Any other stipulation in the conditions of the buyer does not affect the foregoing.
Where in these general  terms refers to "supply of goods", this also includes the performation of services and activities of any kind.

Article 2. Quotations
All quotations should be regarded as invitations to the potential buyer to make an offer. They therefore bind us in any way, unless explicitly and unambiguously (in writing) the contrary is specified in the offer. The order given to us values  as an offer, which is only after written confirmation (order confirmation) from us is to be accepted. All quotations  submitted by us is part of -in particular with regard to the specified of the preceding paragraph -: designs, drawings, models, samples, descriptions, images and others, and any attachments and documents relating to our offers. This all, as well as by us made tools, our property, must be returned to us at our request and may not be copied or given to third parties without our written consent. We also reserve all rights under any existing intellectual and industrial property. If the order to which our quotation relates, has not been placed within 3 months after the day we did our offer, we can charge the buyer the costs associated to the making of the offer, including the costs of making the tools mentioned in the previous paragraph.

Article 3. Establishment agreement
An agreement established with us will only be effective when we have accepted the order in writing. A contract shall be deemed to be established at the time we send an order confirmation. The buyer is therefore bounded to his order, in any form given to us, for a period of eight days after the date of the order, or (if an order is given orally) after giving the order. A statement from the buyer that he wishes to cancel or to modify his order during this period of 8 days, can not prevent that the original order is established, if we still accept/ confirm the order within this period of 8 days. Our order confirmation sent to the buyer is supposed to display the content of the closed agreement, complete and accurate. The buyer is considered to agree with the content of the order confirmation, unless he indicates in writing to us within 8 days of the date of our order confirmation, that he does not agree with the content. Any additional agreements and/or commitments made and/or done by our employees, or on our behalf and/or done by other persons acting as representatives, bind us only if these agreements and/or commitments made by our representation competent director(s) are confirmed in writing.

Article 4. Prices
1. Our prices include sales tax and unless expressly agreed otherwise in writing, excluding packaging, transport and other costs.
2. The prices mentioned in offers, contracts and order confirmations are based on the cost factors applicable at the time of conclusion of the contract, such as exchange rates, manufacturing prices, raw material prices and material prices, wage and transport costs, insurance, taxes, duties and other government charges.
3. We reserve the right to, if after the date on which the agreement has been concluded, but before the day of delivery, the cost factors increases in one or more factors, to charge these to the buyer. Moreover, we have the right to declare to terminate the agreement fully or partially without legal intervention is required. This right also comes to the buyer, but only if we notify within one month after the conclusion of the agreement, the changes in costs resulting from an increase in the price, specified in the order confirmation. If the purchaser uses this right, he must dissolve the agreement by registrated letter within 7 days after our announcement.

Article 5. Delivery deadlines
1. The delivery times quoted, go in on the day on which the agreement has been concluded, if all information we need for the execution of the order is in our possession. The delivery times given by us can never be regarded as deadlines, unless otherwise expressly agreed in the individual contract.
2 Unless the order confirmation specifies the contrary, the delivery of goods are ex-works when the invoice amount more than € 150 (amount in figures), say, amounts to one hundred and fifty euros. Furthermore, the goods travel at expenses and risks of the buyer. Foreign buyers we provide, unless otherwise agreed, ex works. Furthermore, the goods travel at expense and risk of the buyer. Declaration is provided by us, but is at charge of the buyer.
3. Unless buyers take a shipping agent, the goods are sent by us with our shippers at the expense and risk of the buyer. The due amount may vary depending on weight and volume, and can be given exactly to the buyer before purchase.
4. Asks a buyer for the delivery of goods in other than the usual way, we can charge costs to the purchaser.
5. If delivery is made in installments, we have the right to consider every delivery as a separate transaction.
6. The buyer is obligated to take the purchased goods within the agreed time. If in absence, we are entitled to - at our choice – to require, pursuant on article 6:60 Civil Code, the competent court to relieve us of our obligation to deliver the goods without prior payment claim. If the buyer fails to fulfil his payment obligation, we are entitled to terminate the agreement without judicial intervention. If the buyer in accordance with the above, stays in default of payment, the goods are deemed to have been delivered and we will store the goods at expense and risk of the buyer, against reimbursement of all costs.

Article 6. Complaints and claims by the buyer
The buyer is responsible for the accuracy and completeness of the information he has provided us. The buyer must check in our offer, or what falls under article 2 paragraph 2, the information provided by us, sizes, color and others, taking account with the usual margins and minor changes in the goods supplied by us. More specifically this applies to deviations from the contracted quantity; also here the buyer has to take into account with usual tolerances. The goods supplied by us may differ from the description in the order as and when it comes to small differences in size, quantity and other changes.
Complaints from the buyer, which relate to deficiencies, visible with the eye of goods, must be notified to us by the buyer within 14 days after delivery. This should be done by registered letter with a clear and precise description of the complaint, stating the invoice which the goods are invoiced. Buyer must execute a careful and timely monitoring.
Defects that were not apparent at the time of delivery or by careful and timely monitoring should be mentioned by the buyer to us within 14 days, same procedure mentioned in paragraph 2.
Any claim against us related to defects in the goods supplied by us, expires if:
• the deficiencies have not been brought to our attention as described in paragraphs 2 and 3 above or given in the wrong way to our attention;
• the buyer gives us no or insufficient collaboration to an investigation into the merits of the complaint;
• the buyer has not properly prepared, handled, used, stored, maintained the goods, or he used or handled the goods differently under other conditions or purposes foreseen by us;
• the application of the use of the goods in relation to which complaints have been voiced is continually used by the buyer;
• the warranty period specified in the individual contract has expired or, if such a warranty period is missing, the complaints are made after a period of more than six months since the delivery date.
• In disputes about the quality of the goods supplied by us, a reputable agency will be specified by us as a binding decision.

Article 7. Liability
Only if the warranty obligations related to the goods supplied by us have not been taken by third parties (such as manufacturers) the buyer can claim the warranty with us. Our liability in such cases is limited to defects that are a result from manufacturing and material defects. Colors of the products may still differ from those in the pictures. Return of these products is always borne by the buyer.
In case of complaint we are solely liable for our choice, in regard to the validity of the complaint and the quality, is determined by us:
• (free) repair of defects;
• delivery of replacement goods or parts, after receiving the defective goods or parts;
• refund of the purchase price/crediting of the invoice sent to the buyer with dissolution without judicial intervention of the closed agreement, all insofar as the purchase amount, the invoice and the agreement related to the defective goods supplied;
• a compensation in consultation with the buyer in another form referred as above.
If the buyer has executed repairs to the goods and/or changes without precious written permission, any warranty obligation on our part expires.
Unless any of our obligations in respect of the above, we are never obliged to pay any compensation to the buyer and others, unless there is intent or negligence on our part (by those who hold us liable to indicate with all legal means). In particular, we are never liable for consequential loss or damage, direct or indirect damages, loss of profits including shutdown- suffered by the client, his subordinates, and employed by or through him or third parties-, by complete or partial (re)deliveries of items, delayed or unsound delivery, or failure of delivery of goods or the goods themselves.
Buyer is entitled, without giving any reason to send the goods within 14 days of receipt. You will receive the total amount, including shipping, credited within 14 calendar days after receipt of the returned item(s). Only the costs for the return from your home to our store is at your own account. If you make use of your right of return, the product must be returned to us with all accessories and in original condition and packaging. To practice this right, you can fill out the form below and return to nicky@eurojoe.be.
Following products can not be returned:
• products that we have been established in accordance with customer specifications
• producs that are clearly personal in nature (personalized, embroidery, ... )
• that can not be returned by their nature (unworn clothes, undamaged, clean, etc)
The buyer is obliged to indemnify us against all claims by third parties in respect of the implementation of the agreement, insofar the law will not preclude from these claims, arising damages and costs for the account of the buyer

Article 8. Retention of property and security
The delivered goods remain our property until the moment of  full payment of all connected with or arising out of the goods , that the buyer is due to us. If we judge necessary, we have the right to demand of the buyer assurance regarding the fulfilment of its obligations.
The buyer has no right to establish any pledge, unpaid pledge or any other business or personal right on unpaid goods.
Notwithstanding the provisions of this article, it is the buyer allowed to sell the goods to third parties, yet only in the context of its normal business operations. The buyer is obliged to transfer the funds obtained, without delay, to us, or, if not sold, to bear to us.
If as a result our ownership resting on the goods supplied by us is lost, by working or processing by the buyer, the buyer is required immediately for the benefit of us a possessory pledge
We are at all times entitled to take things among us that are under the buyer (or third parties), as soon as we can assume in fairness that there is a risk the buyer does not meet his obligations. In particular, we reserve the right to demand the buyer compensation.
The buyer is obliged to insure the unpaid goods of risk of fire and to give this insurance at our request.

Article 9. Payment
Payment must be made in Euros, unless otherwise agreed, without any deduction or cash discount where we are located, or payment by credit card or by bank transfer to one of our preferred bank account, in all cases before delivery of the goods, at least no later than 7 days after the invoice date, unless otherwise agreed in writing. When paying by bank transfer, the date of crediting of our account stands as the date of payment.
If the buyer fails to (full) payment on time, he is in omission without further notice is required. We have the right, to suspend all fulfilments of our obligations towards the buyer.
We are also entitled to demand cash payment for delivery of the goods or guarantee for timely payment for all deliveries still to be done. Furthermore, we are entitled  to terminate the agreement without judicial intervention, the buyer is obligated to return all delivered goods, nevertheless we still prejudice to our right to compensation. If the buyer fails to make timely payments, a statutory rate plus 10% is dued from the due date until the date of full payment without any necessary further notice from us, calculated on the unpaid amount, with interest due and payable immediately without further notice. All costs involved (including the extrajudicial collection costs) with the collection of amounts invoiced shall be borne by the debtor. The extrajudicial costs are at least 10% of the principal amount with a minimum of 100 euros, all excluding VAT. In addition, late payment or non-payment, adverse currency losses are for the  account of the buyer, even if the buyer has timely fulfilled its payment obligations under the existing laws in his country, nor circumstances or actions beyond the buyers control so the transfer took place with a disadvantageously effect for us.
Payments shall be in accordance with article 6:44 Civil Code, first to be reduced the costs referred to in paragraph 3, then against the interest due and finally to reduce the principal and current interest.
If the financial position of the buyer after the conclusion of the agreement, but before the delivery of the goods occurs a significant deterioration, we are entitled to refrain from further performance of the contract, all or partially, or to claim a change in the terms of payment.
Seller can transfer his claims in respect of all transactions to a credit agency of his choice.

Article 10. Force majeure
Under force majeure is to be understood: any circumstance beyond our control in such a nature that compliance of the agreement can’t reasonably be expected from us (not attributable shortcomings in the performance). Force majeure: war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, lack of raw materials, impediment and interruption of transport facilities, failures in our company, and im-/export restrictions or prohibitions, dysfonctionnements sur Internet, dysfonctionnements sur le site Web, obstructions caused by measures, laws or decisions of international, national and regional (government) agencies. If we can’t fulfil our obligation to deliver due to force majeure, not properly or timely, we are entitled to the agreement or the part not yet been executed as dissolved, or to suspend it for a specified or unspecified period, at our decision. In case of force majeure, the buyer can’t claim indemnities.

Article 11. Applicable law
All offers and all contracts made by us is only Belgian law applicable.

Article 12. Dispute
All disputes of any kind related from/to our agreements and deliveries made by us will be adjudicated by the competent court in Ypres, Belgium.

Article 13. Disclaimer
Toutes les informations et conseils donnés par Euro Joe concernant les suppléments nutritionnels sont compilées de sources diverses. S’il vous plaît, notez que l’information sur ce site n’a pas été évalué par des experts médicaux. Le texte est un guide d'information et ne peut pas être utilisé pour remplacer les conseils d'un vétérinaire. Les suppléments nutritionnels ne peuvent pas être considérés comme un ressource pour diagnostiquer, traiter, guérir ou prévenir des maladies. Il faut donc toujours consulter un vétérinaire avant de suivre les recommandations de ce site . 

Le contenu que vous pouvez trouver sur ce site sont composé par Euro Joe avec le plus grand soin et précision. Pourtant, il est possible que ce qui est publié est inexacte ou incomplet. Pour ceci, Euro Joe ne peut pas être tenu responsable. Le site est régulièrement adapté et / ou complété. Euro Joe n'est pas responsable pour des dommages directs ou indirects, d’aucune sorte, qui résulte en ou à des relations avec le site et les informations qui sont dedans. Euro Joe veut seulement offrir des informations, pour les intéressés, sur les possibilités ce que les suppléments nutritionnels peuvent offrir et ce qu'il peut contribuer à obtenir une meilleure santé de votre animal.

Euro Joe, Moorslede, Belgium

This translation of the general terms is not officially prepared by a translator and does not bound Euro Joe at all In case of wrong interpretation, translation or simulars, only the version written in Dutch is valid.