General terms of sale

Our terms are the only ones that govern contracts with buyers to the express exclusion of their own general terms. General remark: the application of these terms is not intended to create dependencies and is not aimed at creating any imbalance.

Article 1. Offer and order

1.1 Unless otherwise stipulated in our specific terms to be negotiated on a case-by-case basis, the validity period of our offers is 1 month. Catalogues and advertising documents do not constitute firm and final offers and can only be given a non-contractual indicative value.

1.2 Never do the SRL Renaud AUSTEN establishments enter into a contract of indefinite duration for their sales; several offers or several sales that follow one another by the SRL Renaud AUSTEN establishments do not create a continuous contractual relationship. There is never a specific and particular agreement in this regard. The same applies to territorial exclusivity; which is completely excluded.

1.3 Orders are preferably made using our forms provided for this purpose.

1.4 Therefore, except for orders that have been preceded by a written offer from us, any other order will only bind us if it is sufficiently clear and precise.

Article 2. Price and payment

2.0 Each order is examined individually with the applicable price on its date. The SRL Renaud AUSTEN establishments reserve the right to adjust the price list, particularly based on the evolution of the value of inputs, and this at a minimum frequency of once a year.

2.1 Our prices are quoted in euros (€). VAT, all other taxes, charges and contributions related to the sale are the responsibility of the buyer ;

2.2 Our invoices are payable at our head office in full unless otherwise agreed.

2.3 Any claim relating to the invoice must be sent to us in writing (letter or E-mail) at the latest within 8 calendar days from the date of sending of the invoice.

2.4 Any unpaid invoice at maturity will automatically incur and without notice a late payment interest of 5 % per month and will also be increased automatically and without notice by a flat-rate compensation of 10 % of the amount remaining unpaid as damages, with a minimum of 50 €.

2.5 The failure to pay an invoice at its due date will make all other invoices addressed to the buyer due and will authorise us to suspend all our subsequent deliveries to the buyer.

2.6 In the event of a double payment, the SRL Renaud AUSTEN establishments and the client agree that the overpaid amount will be considered as a deduction on the next billings between the parties; the same applies for credit notes.

Article 3. Terms and delivery time

3.1 Our prices are understood for delivery from our establishments unless otherwise stipulated in specific conditions. It is customary for the buyer to arrange for the transport with the company of their choice. As a special exception, if we take care of the transport or its organisation, the transport costs are in this case always the responsibility of the buyer.

3.2 The buyer cannot refuse partial deliveries.

3.3 The buyer bears all the risks related to the goods from the moment they leave our workshops, in particular those related to transport except for those carried out nationally or internationally using the seller's own equipment. Our company's liability cannot therefore be engaged if the goods are damaged, by heat or by other circumstances such as humidity, during transport, particularly international; our company not controlling in particular the compliance with the appropriate temperatures during these.

3.4 If the goods cannot be delivered to the buyer for a reason attributable to them, we shall be entitled to claim from them the transport, storage and warehousing costs. We shall also be entitled to terminate the contract in accordance with article 7 and our liability cannot be engaged if the goods are damaged due to the delay.

3.5 Unless an express warranty is given in our specific conditions to be negotiated on a case-by-case basis, the delivery times mentioned in our specific conditions are not strict deadlines. Our liability can only be engaged after formal notice and in the case of significant delay attributable to our serious fault. In this regard, the circumstance that the inputs, concerning for example raw materials, packaging..., are not obtained in a timely manner by the producer is considered a force majeure that releases us from liability.

Article 4. Compliance

The buyer will check upon receipt of the goods that they correspond to the order. He will mention any remarks he may have on the document that accompanies the goods. The goods are supposed to be approved by the buyer 2 calendar days at the latest after their receipt, unless a precise and detailed claim is notified to us before the expiration of this period by registered letter and on the condition sine qua non of the demonstration of strict compliance with point 5.3 stated below exclusively demonstrated by the return of the goods at the sole expense of the buyer. The approval will cover all apparent defects, that is to say, all those that it was possible for the buyer to detect at the time of delivery or within the 2 calendar days that followed through careful and serious inspection. Defective or non-compliant goods will, at our choice, be replaced or refunded, to the exclusion of the resolution of the sale and any damages.

Article 5. Guarantee

5.1 The buyer has the certainty that the goods have been produced, packaged and offered for sale in full compliance with the national legislation of the seller.

5.2 Our products are also offered in compliance with the specifications. The said specifications are an integral part of the sales contract and can be obtained upon simple request. Furthermore, the labelling and specification data are supposed to be fully communicated by the contracting party to its buyers and other subsequent users.

5.3 Furthermore, we guarantee the quality and freshness of our goods during the indicated consumption period, provided that they have been stored by the buyer under appropriate conditions (cool, dry place and protected from odours) and in their original packaging (refer to the labelling and/or product specifications for more details). It is specifically excluded that any liability arises in respect of products resold with or without transformation outside the packaging intended for this purpose and bearing the label of the producer. The buyer shall also ensure to remind the storage instructions to their own customers.

5.4 In order to invoke the benefit of the warranty, the buyer must notify us of any claims regarding hidden defects by registered letter within a maximum period of 5 calendar days after they have discovered or should have normally discovered the defects.

5.5 Our warranty is limited to our choice of replacement or refund of defective goods, excluding the resolution of the sale or damages.

5.6 We decline any liability in case of consumption of goods after their expiry date or if the buyer puts the goods into circulation after their expiry date.

Article 6. Force majeure

Are considered as cases of force majeure allowing us to suspend the execution of our obligations or to terminate the contract without compensation: partial or total strikes, riots, lockouts, bad weather, machine breakdown, fire, or any other cause beyond our control making the normal execution of our obligations impossible or substantially more costly or more difficult. Is notably considered in this regard as an external cause exonerating liability the circumstance that inputs, such as raw materials, packaging…, are not obtained in a timely manner by the producer.

Article 7. Resolution of the sale

We are entitled to resolve the sale, by operation of law, by notifying the buyer of our intention by registered letter in the event of serious non-performance by the buyer of one of their contractual obligations or if it appears that they will not perform or seriously risk not performing one of their main obligations, even before that obligation is due. In the event of resolution, the buyer will be liable for fixed damages set at 10% of the sale price with a minimum of 50 €.

Article 8. Intellectual Property Rights

We retain all our intellectual property rights over the goods sold and their accessories (presentation, packaging, etc.).

Article 9. Languages of the contract

The language applicable to the contractual relations between the client and the company is French.

Article 10. Retention of title

The delivered goods remain our property until full payment of the price. In the event of resale of unpaid goods, the buyer hereby assigns to the chocolate factory Srl Renaud AUSTEN all the claims resulting from their resale.

Article 11. Law applicable and competent courts

Our contracts are governed by Belgian law, regardless of the place of residence or the registered office of the co-contractor. Any dispute directly or indirectly related to our contractual relations with the buyer is subject to the exclusive jurisdiction of the courts of Verviers (Belgium).

Article 12. Privacy protection

Your order will be processed according to our privacy protection policy, and in particular in compliance with the GDPR.