General Terms and Conditions of Sale
Article 1. Applicability
1.1. These general terms and conditions apply to all offers, quotations, advice from and sales agreements concluded with FRESH TRAY BV, with registered office at 3550 Heusden-Zolder, Kapelstraat 136 and with company number 0782.995.381 (hereinafter also referred to as “Fresh Tray” or “we/us/our”).
1.2. The “customer” (hereinafter also “you”) refers to the natural person or legal entity who places an order with Fresh Tray. A “customer-consumer” is a natural person who purchases products from Fresh Tray and uses them for non-professional purposes. A “customer-company” is a natural person or legal entity that pursues an economic goal on a sustainable basis and in that
capacity to enter into an agreement with Fresh Tray.
The “Products” or “Product” refers to the goods offered by Fresh Tray that are available for purchase (Fresh Tray Cigarette Columns, Smoking Cabins, Pocket and Car Ashtrays and other products offered by Fresh Tray).
1.3. These general terms and conditions can always be consulted via
https://www.freshtray.eu/pages/terms-and-conditions (hereinafter referred to as the “Website”).
1.4. The general terms and conditions are always made available to the customer before concluding the agreement. By signing the order form or by accepting when placing an online order, you expressly agree to these general terms and conditions.
1.5. The customer's conditions will only apply if both Fresh Tray and the customer have expressly and in writing confirmed their agreement in the special conditions prior to the execution of the order. The subjects that fall outside the scope of these general conditions will be governed by the generally accepted legal rules under Belgian law.
1.6. The agreement is concluded after the order form has been signed in a timely manner (within the validity period stated on the order form) or, if the agreement is concluded electronically, after receipt of an electronic order confirmation from Fresh Tray.
Article 2. Information about the company
You can contact Fresh Tray using the details below:
Fresh Tray BV
Chapel Street 136
3550 Heusden-Zolder
info@freshtray.eu
+32 (0)11/ 497 169
Article 3. Prices and payment
3.1. Unless otherwise stated, Fresh Tray's offers are for information purposes only and are not binding. The product and price offer are only valid for the expressly stated term of the offer. If no term is stated, offers and quotations will only be valid for fifteen (15) calendar days from the date of issue.
3.2. The prices of the products are the prices stated on the order form or on the website at the time the customer places an order. The catalogues, advertising leaflets, price lists, etc. are only indicative.
3.3. The price excludes delivery and other costs and includes VAT, unless otherwise stated.
3.4. The delivery costs are always indicated on the invoice. The delivery costs are always borne by the customer.
3.5. In the event of a price increase of elements of the logistical chain or the production chain and/or in the event of an increase of the raw materials to manufacture the products, Fresh Tray expressly reserves the right to revise the agreed price. The price revision will always be done in accordance with the legal requirements and on the basis of objective parameters, in accordance with the provisions of the special agreement between Fresh Tray and the customer.
3.6. Fresh Tray accepts the following payment methods: ...
Article 4. Invoicing
4.1. All invoices from Fresh Tray are payable in cash and must be paid at the latest prior to delivery of the product, unless a different payment term is stated on the invoice.
4.2. The customer is always obliged to pay within the payment term. Any delays in the execution of the order beyond the control of Fresh Tray can never be a justification for late payment of an invoice.
4.3. If the customer-consumer remains in default, a first reminder will be sent free of charge after the expiry of the due date. Fresh Tray reserves the right to charge costs for additional reminders of max. 7.50 EUR, plus the shipping costs of the reminder.
However, from the calendar day following the day on which Fresh Tray sent the first reminder, late payment interest will be charged at a minimum of 10% of the invoice amount (incl. VAT), or at the applicable statutory interest rate for late payment in commercial transactions, if this is higher. In addition, a fixed compensation will be charged, which will not be higher than:
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20.00 EUR if the balance due is less than or equal to 150.00 EUR.
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EUR 30.00 plus 10% of the amount due on the installment between EUR 150.01 and EUR 500.00, if the balance due is between EUR 150.01 and EUR 500.00.
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EUR 65.00 plus 5% of the amount due on the tranche above EUR 500.00, if the balance due is higher than EUR 500.00. In addition, an absolute maximum amount of EUR 2,000.00 applies.
This provision is reciprocal and also applies when Fresh Tray owes something to the customer-consumer.
4.4. In the event of late payment by the customer-company, default interest will be charged from the expiry of the due date equal to at least 8% of the invoice amount (incl. VAT), or at the applicable statutory interest rate for late payment in commercial transactions, if this is higher. This statutory interest rate is variable and is adjusted every semester and published in the Belgian Official Gazette. The applicable interest rate can be
found on the website of the FPS Finance via the following link:
https://financien.belgium.be/nl/over_de_fod/overzicht_en_diensten/algemene_administraties/thesaurie/rentevoet_spelensachterstand_handelstransactions.
In addition and without prejudice to the fixed compensation for collection costs in accordance with the law of 2 August 2002 on combating late payment in commercial transactions, a fixed compensation equal to 10% of the invoice amount (including VAT) with a minimum of EUR 250.00 will be charged, without prejudice to the right of the Service Provider to claim greater compensation if it can prove such damage.
This provision is reciprocal and also applies when Fresh Tray owes something to the customer.
4.5. In the event of non-compliance with the agreed payment terms with regard to one invoice by the customer, all outstanding invoices of the customer will become immediately due and payable. Furthermore, Fresh Tray has the right, without any notice of default or judicial intervention, to suspend further performance or to consider the agreement as dissolved, without prejudice to a claim on the part of Fresh Tray for compensation for damages suffered by it.
4.6. In case of dispute, Fresh Tray invoices must be protested within eight (8) calendar days by means of a registered letter addressed to the registered office. The invoice is deemed to have been expressly accepted in the absence of this protest.
4.7. In the event of liquidation, bankruptcy or suspension of payment by the customer, Fresh Tray's claims and the customer's obligations will be immediately due and payable.
4.8. The payments made by the customer will always be allocated first to all interest and costs due, then to the oldest outstanding invoices. Even when the customer reports that the payment relates to another invoice.
4.9. All costs relating to (extra)judicial collection shall be borne by the customer.
Article 5. Delivery
5.1. Delivery will take place at the customer's address, unless otherwise agreed.
5.2. In the event of delay by the supplier of Fresh Tray, beyond the control of Fresh Tray, in delivering the necessary materials, parts or devices, the obligation to deliver the order on the part of Fresh Tray will exceptionally be suspended. Fresh Tray will inform you of this without delay.
5.3. If delivery is to be made at the Fresh Tray branch, Fresh Tray will notify the customer at the time the goods are available at the branch. The customer will be requested to collect the goods within thirty (30) days of receipt of this notification. Delivery of the goods by Fresh Tray will take place upon effective collection of the goods by the customer. In the absence of collection within the aforementioned period, Fresh Tray is entitled to charge a storage fee of EUR 15.00 per day. The transport of the goods collected by the customer themselves will be entirely at the customer's expense, responsibility and risk.
Article 6. Placement
6.1. Article 6 applies to the situation in which the customer calls on Fresh Tray to install the purchased goods.
6.2. A separate installation fee will be charged for the installation of the goods.
6.3. Fresh Tray will carry out the installation at the location indicated by the customer.
6.4. The customer undertakes to provide unhindered access to this location during the execution of the installation. He ensures that the surface on or in which the installation is to take place is free, even and stable. The customer undertakes to take all reasonable precautions so that the installation can be carried out undisturbed.
6.5. The installation of the Smoking Cabins implies a permit requirement on the part of the customer. It is the responsibility of the customer to ensure that the working conditions meet the legal safety requirements and government regulations and also to ensure the necessary preparations, permits and exemptions in a timely manner, so that the installation can be carried out properly. If the works are delayed as a result, Fresh Tray cannot be held liable for this.
6.6. If it is established that the customer has not fulfilled these obligations, Fresh Tray is entitled to suspend the installation until all the aforementioned conditions have been met by the customer and, if necessary, to charge a storage fee for storing the goods, a
to request compensation for the transport costs and compensation for any resulting damage to the extent that this has been proven by Fresh Tray. If an installation nevertheless takes place without the yard fully complying with the conditions stated above, this will be at the risk and responsibility of the customer and the customer cannot hold Fresh Tray liable for any resulting damage.
Article 7. Retention of title and transfer of risk
7.1. All goods and materials sold remain the property of Fresh Tray until full payment of the total price, possibly increased by default interest and additional costs.
7.2. Until full payment of the total price has been made, the customer may not convert, alienate, transfer, encumber and/or otherwise make the goods available to third parties in any form and under any title whatsoever.
7.3. The risk of loss of or damage to the product shall pass to the customer when the customer or a third party designated by the customer has taken physical possession of the goods, except in the situations stated below.
7.4. If delivery is to be made to a customer-consumer at the customer-consumer's address or another location outside the Fresh Tray establishment, the transport of the goods will be carried out at the customer's request by a carrier designated by Fresh Tray at the risk of Fresh Tray. In that case, delivery of the goods will take place at the moment that the goods are delivered to the customer's address, or another location designated by him outside the point of sale and the customer is given possession of the goods, after which the risk passes to the customer. However, if the customer-consumer has instructed a carrier to transport the product and this choice was not offered by the company, the risk for loss or damage by third parties passes to the customer upon delivery to the carrier.
7.5. If delivery is to be made to a customer company at the customer company's address or at another location outside Fresh Tray's establishment, transport will be at the customer company's risk. The risk of loss or damage will then pass to the customer company upon delivery to the carrier.
Article 8. Defects and warranty
8.1. Warranty for consumers: statutory warranty
The provisions in Article 8.1 apply only to consumer customers.
In the event of the purchase of a new product, a legal guarantee of two (2) years from delivery applies to a consumer customer.
In the event of the purchase of second-hand products, a legal guarantee of one (1) year from delivery applies to a consumer customer.
The customer-consumer must report the defect to Fresh Tray as soon as possible by registered letter and in any case, under penalty of forfeiture, within two (2) months after he/she discovered the defect.
For more information about the legal guarantee for consumers, we refer you to the website of the FPS Economy: https://economie.fgov.be/nl/themas/consumentenbescherming/de-garantie.
8.2. Guarantee with regard to companies: after-sales service
The provisions in Article 8.2 apply only to customer companies.
In the event of a purchase of a product from Fresh Tray, a customer-company is entitled to an after-sales service of one (1) year from delivery.
After-sales service means that the customer company can contact Fresh Tray as the first point of contact for questions and/or problems regarding the purchased product, after which Fresh Tray will work with the customer company to find a solution and, if necessary, act as a link between the customer company and the manufacturer, in order to be able to invoke any manufacturer's warranty.
Within the framework of this after-sales service, Fresh Tray will use all possible means to assist the customer, but these obligations cannot be understood as obligations to achieve results.
Article 9. Right of withdrawal for consumer customers
9.1. In the case of a distance contract (e.g. a contract concluded online) or a contract concluded outside the sales premises, the customer-consumer has a right of withdrawal.
9.2. The consumer customer has a right of withdrawal for a period of 14 days from the day following the day on which the consumer customer or a third party designated by the consumer customer takes physical possession of the goods, without giving reasons and without any other additional costs. The consumer customer does not have a right of withdrawal for personalized orders since they are made to measure
made for the customer-consumer (this concerns goods that are manufactured according to the specifications of the customer-consumer) or for products that are clearly intended for a specific person.
9.3. The customer-consumer can exercise his right of withdrawal by – within the withdrawal period mentioned above – using the withdrawal form, available via
https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf, completed and signed, to be sent to the company. An unambiguous statement, and therefore without using the model form, clearly stating the decision to withdraw from the contract, is also sufficient. This can be sent by e-mail (info@freshtray.eu).
9.4. If you cancel this contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products/the product back or until you have received the products/the product back from us.
you have demonstrated that you have returned the product, whichever is the earliest.
9.5. You must return or hand over the products to us in an appropriate manner (i.e. sufficiently protected) without delay, but in any event no later than 14 days after the day on which you communicated your decision to cancel the agreement to us. You are on time if you return the product before the period of 14 days has expired. The direct costs of returning the product are at your expense.
9.6. If the customer treats the goods in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the product, then he can be held liable for the depreciation. The customer will then have to pay a compensatory compensation for the loss in value suffered by Fresh Tray. This implies that the ordered goods may not be used, soiled or damaged by the customer. If you want to be a good faith customer, then you may only treat the products as you would treat them in a store.
9.7. The right of withdrawal referred to in Article 9 does not apply to customer companies, namely natural or legal persons who pursue an economic goal on a lasting basis and who enter into an agreement with Fresh Tray in that capacity.
Article 10. Liability
10.1. Fresh Tray can only be held liable if a serious error and/or fraud is proven against it, but not in the case of minor error. The same applies if Fresh Tray calls upon subcontractors.
10.2. Without prejudice to mandatory statutory provisions and except in the event of intent or gross negligence, Fresh Tray's liability is limited to:
Compensation for damage suffered by the customer that is the direct and sole result of Fresh Tray's contractual shortcomings and/or the defects found in the services.
And this maximum up to the amount of the total price of the products stated in the agreement between the parties.
10.3. Except in the case of fraud, deceit, intent or gross negligence, Fresh Tray can never be held liable for compensation for immaterial, consequential and/or indirect damage, such as, but not limited to, loss of income.
Article 11. Force Majeure
11.1. In the event of force majeure, Fresh Tray is entitled to suspend the agreement for the duration of the force majeure situation. If the impossibility to execute the agreement due to force majeure is permanent, Fresh Tray will no longer be obliged to fulfill its obligations. Fresh Tray will always inform the customer in due time of the existence of a force majeure situation as a result of which it must temporarily suspend its obligations or can no longer fulfill them.
11.2. Force majeure in these conditions is understood to mean the following: a sudden, unpredictable and unavoidable event, beyond the control of the parties, which makes the execution of (part of) the agreement impossible. Force majeure on the part of Fresh Tray is expressly considered, without being exhaustive: fire, technical malfunctions, material defects of Fresh Tray's equipment and other situations that seriously hinder or make the activities of Fresh Tray impossible and that cannot be attributed to it.
11.3. If the agreement has already been partially fulfilled by Fresh Tray or if the agreement can only be partially executed (e.g. part of the order can be delivered), Fresh Tray is entitled to invoice these goods separately.
11.4. For the part of the agreement already paid for that cannot be further performed due to force majeure on the part of Fresh Tray (e.g. the paid goods that can no longer be delivered due to force majeure), the customer is entitled to a pro rata refund.
Article 12. Processing of personal data
12.1. With regard to the processing of personal data for the purpose of the performance of the agreement by Fresh Tray, Fresh Tray will act as controller within the meaning of the European General Data Protection Regulation No. 2016/679 of 27 April 2016 and the Belgian law of 30 July 2018 on the protection of natural persons with regard to
to the processing of personal data, as amended or replaced from time to time.
12.2. The personal data will only be processed in accordance with the privacy statement, which can be consulted at https://www.freshtray.eu/pages/privacy-policy.
12.3. For all other requests or questions regarding the processing of personal data of the customer, he/she can contact us via the contact details mentioned in article 2.
Article 13. Disputes
13.1. In the event of any complaints, we encourage you to contact us in the first instance using the contact details stated in article 2. If complaints relate to products and/or invoices, please always state the invoice number.
13.2. Belgian law applies to every agreement, offer or advice, without prejudice to the right of consumers who have their place of residence outside Belgian territory to invoke mandatory provisions of their national legislation.
13.3. Any disputes concerning the validity, interpretation, execution or termination of these terms and conditions and the agreements to which the terms and conditions apply shall, at the choice of the claimant, fall under the jurisdiction of the courts of the registered office of Fresh Tray (without prejudice to the right of consumers to rely on the provisions of Article 624 of the Judicial Code).
professions).
Article 14. Final provisions
14.1. If special conditions are included in the quotation, invoice or agreement and these conditions differ from the general conditions, these special conditions shall prevail over the general conditions, although the other general conditions shall have a supplementary effect and shall remain applicable without delay. The general conditions or purchasing conditions of the customer or a third party shall in no case apply in the relationship between the customer and Fresh Tray.
14.2. The provisions of the entire agreement between the customer and Fresh Tray are divisible and if one or more of these provisions are declared invalid, this will not affect the validity of the remaining provisions.
14.3. If any provision is declared to be excessively broad or void, the provision shall, notwithstanding this fact, be enforceable to the maximum extent permitted by law. If any provision is held to be completely invalid, the provision shall be replaced by a provision that comes as close as possible to the economic effect and intention of the parties of the provision declared invalid.