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Article 1: exclusive applicability of the present conditions

The present general terms and conditions of sale apply to the exclusion of all general terms and conditions of purchase of the customer, except for contradictory provisions in the order.

Article 2: the order

Each order is final as from the sending of an order letter by the customer. It is the subject of a confirmation or, in the absence of such confirmation, of a delivery note when the goods are dispatched. If the goods are subject to special preparations, the "ready to print" signed by the customer will seal the agreement of the parties. If contents are missing at the time of delivery, or if there is a defect in the goods or if the amount of an order is disputed, the customer will, on pain of exclusion by registered letter, send a dispute within seven calendar days of receipt of the goods. These are deemed to have been received the day after the delivery note has been drawn up.

Article 3: the possibility of cancellation of the order

Prior to the shipment of the goods, the customer has the option of cancelling the order, except in the case of a delivery involving special intervention by PROSAFETY, such as printing, embroidery, tailor-made clothing or a specific non-catalogue PROSAFETY order. The withdrawal period is 14 days. In case of cancellation of the order within these 14 days and the return of the goods in good condition and original packaging, the amount will be refunded to the customer in full.

Article 4: Liability

In all cases, PROSAFETY's liability is limited to replacing the defective product with a similar product of the same value. PROSAFETY shall under no circumstances be liable for any direct or indirect damage associated with the use of the material sold. However, this obligation to replace shall only apply if the customer has formulated a dispute within the aforementioned period. Slight differences in tone, colour or execution are expressly tolerated and never constitute a defect of the item in view of the nature and composition of the products.

Article 5: Invoicing and payment

If the order is the subject of a split shipment, PROSAFETY will invoice the goods based on the sent shipments. Invoices are payable 30 days after the end of the month at PROSAFETY's registered office, unless expressly agreed otherwise. Any payment not made on the due date will make all invoices that have not yet been paid due and payable. In addition, a penalty clause of 15% may be claimed by PROSAFETY in the event of non-payment by the due date, in addition to the interest due by operation of law without notice of default from the time the invoice is drawn up until full payment. The interest will be calculated at the rate applicable according to the law of 2 August 2002 on late payment in commercial transactions. Our representatives are not mandated to collect the payment of invoices and orders.

Article 6: the risk of transport of the goods

The transport of the goods from PROSAFETY to the customer is at the customer's risk.

Article 7: Delivery times

The delivery dates are given for information purposes only and do not bind PROSAFETY in any way whatsoever to do what it can to ensure that the deadlines are respected. Failure to meet the deadline may under no circumstances justify cancellation of the order.

Article 8: the retention of title clause

The delivered goods will remain the property of PROSAFETY until their payment. In case of activation of this retention of title clause, PROSAFETY will only issue a credit note for the returned goods that have never been used and as long as they are in their packaging and in perfect condition. However, returned goods that are no longer sold by PROSAFETY will not be the subject of any credit note. A detailed overview of the returned goods and their condition, as well as that of their packaging, will be drawn up at the time of their return.

Article 9: The competent court

Only the courts of Nivelles will be competent for any dispute relating to orders placed with PROSAFETY.

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