General Rental Conditions
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/quotation at the time the Renter 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 and installation costs are always indicated on the invoice. The delivery and installation costs are always borne by the Tenant.
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 Renter.
Article 4. Invoicing
4.1. All invoices from Fresh Tray are payable within 30 days after the due date of the invoice, unless the invoice contains a different payment term. Payment is always made by bank transfer to the account number stated on the invoice.
4.2. The Tenant 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. In the event of late payment by the Tenant, 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 legal 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/structuur_en_diensten/algemene_administraties/thesaurie/
interest rate_payment arrears_trade transactions.
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 Lessor to claim greater compensation if it can prove such damage.
This provision is reciprocal and also applies when Fresh Tray owes something to the Renter.
4.4. In the event of non-compliance with the agreed payment terms with regard to one invoice by the Tenant, all outstanding invoices of the Tenant shall become immediately due and payable. Furthermore, Fresh Tray shall have 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 by Fresh Tray for compensation for damages suffered by it.
4.5. 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 of Fresh Tray. The invoice is deemed to have been expressly accepted in the absence of this protest.
4.6. In the event of liquidation, bankruptcy or suspension of payment of the Tenant, the claims of Fresh Tray and the obligations of the Tenant shall be immediately due and payable.
4.7. The payments made by the Tenant will always be allocated first to all interest and costs due, then to the oldest outstanding invoices. Even if the Tenant reports that the payment relates to another invoice.
4.8. All costs relating to (extra)judicial collection shall be borne by the Tenant.
Article 5. Placement
5.1. A separate delivery and installation cost will be charged for the delivery and installation of the Products.
5.2. Fresh Tray will carry out the installation at the location indicated by the Tenant.
5.3. The Tenant 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 Tenant undertakes to take all reasonable precautions so that the installation can be carried out undisturbed.
5.4. The installation of the Smoking Cabins implies a permit requirement on the part of the Tenant. It is the Tenant's responsibility to ensure that the working conditions meet the statutory 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 in any way.
5.5. If it is established that the Tenant has not fulfilled these obligations, Fresh Tray is entitled to suspend the placement until all of the above conditions have been met by the Tenant and, if necessary, to charge a storage fee for storing the goods, to request compensation for the transport costs and compensation for any resulting damage insofar as this has been proven by Fresh Tray. If a placement is nevertheless carried out,
If the yard does not fully comply with the above conditions, this is at the risk and responsibility of the Tenant and the Tenant cannot hold Fresh Tray liable for any damage resulting therefrom.
Article 6. General obligations for the Tenant
6.1. The Tenant may not convert, alienate, transfer, encumber and/or otherwise make the goods available to third parties in any form and under any title whatsoever. The Products shall in no way be the subject of a sublease agreement. The Products shall at all times remain the property of the Lessor, the lease agreement shall in no way lead to a transfer of ownership.
6.2. The risk of loss of or damage to the product shall pass to the Renter when the Renter or a third party designated by the Renter has taken physical possession of the goods.
Article 7. Liability
7.1. 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.
7.2. 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 damages suffered by the Tenant that are the direct and sole result of Fresh Tray's contractual shortcomings and/or the defects found in the services.
And this maximum up to one year of rental income as stated in the agreement between the parties.
7.3. 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 8. Force Majeure
8.1. 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 perform the agreement due to force majeure is permanent, Fresh Tray will no longer be obliged to fulfil its obligations. Fresh Tray will always inform the Tenant in due time of the existence of a force majeure situation.
force majeure situation as a result of which it must temporarily suspend its obligations or can no longer perform them.
8.2. Force majeure in these terms and conditions shall be understood to mean: a sudden, unpredictable and unavoidable event, beyond the control of the parties, which makes the performance of (part of) the agreement impossible. Force majeure on the part of Fresh Tray shall be expressly deemed to include, without limitation: fire, technical disruptions, material defects of Fresh Tray's equipment and other situations that seriously hamper or make impossible the activities of Fresh Tray and that cannot be attributed to it.
8.3. 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.
8.4. 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 Tenant is entitled to a pro rata refund.
Article 9. Processing of personal data
9.1. 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.
9.2. 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.
9.3. For all other requests or questions regarding the processing of personal data of the Tenant, he/she can contact us via the contact details stated in article 2.
Article 10. Disputes
10.1. 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.
10.2. 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.
10.3. Any disputes concerning the validity, interpretation, execution or extinction 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.
Article 11. Final provisions
11.1. 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 rental conditions
of the Tenant or a third party shall in no event apply in the relationship between the Tenant and Fresh Tray.
11.2. If the rental agreement – concluded between the Tenant and the Landlord – deviates from these general rental conditions, then that rental agreement will always take precedence in their mutual relations.
11.3. The provisions of the entire agreement between the Renter and Fresh Tray are severable and if one or more of these provisions are declared invalid, this will not affect the validity of the remaining provisions.
11.4. 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.