General terms and conditions of sale

1. Without prejudice to any special terms and conditions agreed between DESCHEEMAECKER PIGEON CENTER and the client, which take precedence over these general terms and conditions, all our sales and all our quotations are made under the following terms and conditions, which take precedence by operation of law over the client's conditions of purchase.

2. These general terms and conditions apply to the relationship with customers, domestic or foreign.

3. DESCHEEMAECKER PIGEON CENTER's invoices are payable no later than the due date of the invoice. Failing (timely) payment of the invoices on the due date:

   1. if the customer is an entrepreneur and acts for purposes within his entrepreneurial activities, the invoice amount shall automatically and without prior notice of default, be increased by a fixed compensation of 10%;

   2. if the customer is a consumer, and after a first free of charge reminder in application of Article XIX.2 Code of Economic Law (“CEL”) has not made (full) payment, the customer shall owe a fixed compensation of:

      • 20 euros if the balance due is less than or equal to 150 euros;

      • 30 euros if the balance due is between 150.01 euros and 500 euros, to be increased by 10% of the amount owed on the amount mounting between 150.01 euros and 500 euros;

      • 65 euros if the balance owed is higher than 500.01 euros, to be increased by 5% of the amount owed above 500.01 euros, with a maximum of 2,000 euros;

      In both cases, a late payment interest shall be due, calculated at the interest rate in accordance with the Act on Late Payment in Commercial Transactions ("de wet betreffende de bestrijding van de betalingsachterstand bij handelstransacties“) (Act of 02.08.02)

4. The buyer shall be deemed to have received and accepted the goods sold and the invoice if a written and reasoned protest has not reached DESCHEEMAECKER PIGEON CENTER within seven days of the invoice date.

5. Delivery and execution times are purely indicative and are provided by way of information only and are therefore not binding. DESCHEEMAECKER PIGEON CENTER shall not be liable for the consequences of delivery times being exceeded by the respective transport companies responsible for delivering the goods sold. Once the goods to be delivered leave DESCHEEMAECKER PIGEON CENTER's premises for delivery to the customer, the transport risk shall pass to the customer. If the purchaser is required to collect the goods from DESCHEEMAECKER PIGEON CENTER's warehouses or workshops and fails to do so, the client shall be liable to pay a lump-sum fee of EUR 5,- per day from the 10th day following written notice of default issued by DESCHEEMAECKER PIGEON CENTER. In the meantime, the buyer bears the risk.

6. Goods delivered shall remain the property of DESCHEEMAECKER PIGEON CENTER until payment in full of the amount due, and if applicable, increased with interests and costs. Under no circumstances DESCHEEMAECKER PIGEON CENTER will be held liable for any consequential damage that may occur to the customer. The liability of DESCHEEMAECKER PIGEON CENTER shall in any event be limited to damages resulting from intent or serious fault. Liability resulting from a minor fault, even if frequent, is excluded.

7. In case of digitally delivered goods, the amount paid is non-refundable. In the case of recurring subscriptions, digital or otherwise, these should be cancelled 1 month before expiry date. Subscriptions already paid are non-refundable. Delivery takes place at the risk of the buyer, who should insure himself against possible damages.

8. If the client reserves an item via DESCHEEMAECKER PIGEON CENTER's webshop, and there is an agreement regarding the item and the price, a binding contract shall be concluded between DESCHEEMAECKER PIGEON CENTER and the client. If the customer fails to retrieve the item within a period of 7 days following the agreement, the contract shall be deemed broken and DESCHEEMAECKER PIGEON CENTER shall be free to offer the item again to other customers. The client shall then automatically owe DESCHEEMAECKER PIGEON CENTER liquidated damages of 10% of the agreed price of the good.

9. The nullity of one or more clauses of these general terms and conditions, does not affect the applicability of all other clauses of these general terms and conditions.

10. The present agreement is governed exclusively by Belgian law.

11. Any dispute between DESCHEEMAECKER PIGEON CENTER and the business customer shall be subject to the exclusive jurisdiction of the courts of the place of business of DESCHEEMAECKER PIGEON CENTER.

    In the event of any dispute between DESCHEEMAECKER PIGEON CENTER and the consumer customer, such dispute shall be subject to the exclusive jurisdiction of the courts of the consumer's domicile.