General conditions

Article 1: Definitions

NV Weston: Weston, a public company under Belgian law with enterprise number BE 0876.344.520 and having its registered office at Gaston Geenslaan 80, 3200 Aarschot. Buyer: any person who acts as a potential buyer, buyer or client with regard to NV Weston or enters in any other way into a legal transaction with NV Weston.

Sales agreement: A sales agreement between the parties is automatically established as soon as the order has been definitely accepted by NV Weston without any explicit, additional written provisions being required. Weston User: anyone who, directly or indirectly, goes onto NV Weston’s Internet page. Website: www.weston.be.

Force majeure: force majeure is interpreted, in these general conditions, in accordance with Articles 1147 - 1148 of the Civil Code.

Article 2: Scope of application

Unless expressly agreed otherwise and in writing by the parties, NV Weston’s general conditions apply to all its transactions, legal dealings, bids, services, performances and correspondence, as well as the use of the website. NV Weston’s general conditions shall supersede any general conditions that the buyer, user or third parties may have, even if the buyer’s, user’s or third parties’ general conditions are not expressly contested by NV Weston. NV Weston’s general conditions are specifically deemed to be accepted by the buyer or user when an order for goods or services is placed with or services or merchandise received from NV Weston.

2.1. NV Weston shall have the right to amend these general conditions unilaterally. The changes shall also apply to agreements already concluded. Changes shall enter into force one month after their publication whether in a written communication or on the www.weston.be website. If the buyer/user does not wish to accept the changes to the general conditions, he must contest the changes by registered letter within 10 working days of receiving said changes. After the deadline of their entry into force, the buyer/user shall be deemed to have accepted the changes in full.

Article 3: Provision of information by the buyer/user

3.1. The buyer/user undertakes to provide, fill in or send NV Weston all the data that the latter indicates it needs or which the buyer/user can be reasonably be expected to know are needed for the execution of the agreement, both correctly and in a timely fashion.

3.2. NV Weston may not be held responsible for any possible errors or damages that result from said information not being furnished correctly or on time.

Article 4: Quotation

4.1. The quotation, drawn up by NV Weston, is always free of obligation and is applicable, unless otherwise expressly provided, for 30 days from the date on which the quotation was given, unless the parties expressly agree on another date.

4.2. The prices stated in the quotation do not include any taxes, other than Value-Added Tax, that may be applied in the future on the goods purchased.

4.3. NVWestonreservestherighttoturndownanorderwithoutgivinganyreason.

Article 5: Acceptance of order

5.1. An order must be conveyed to NV Weston in writing by e-mail or fax.

5.2. The orderform will only be deemed as definitely accepted by NV Weston upon full payment of the invoice.

Article 6: Payment, compensation and interest

6.1. All payments must be in EUROS to the NV Weston bank accounts provided for that purpose; they appear on both the order forms and the invoices. NV Weston’s invoices are always due and payable within 30 days of the invoice date and in full prior to any delivery of the vehicles. Failure to pay within 30 days will automatically and without prior notice result in late payment interest of 11.5 % per annum being applied in addition to compensation in the amount of 10% of the principal owed, with a minimum of 250.00 EUR due, notwithstanding NV Weston’s right to seek a greater amount subject to proof of higher actual costs and additional damages.

6.2. If special conditions allow the buyer to pay the outstanding amounts in instalments, the buyer shall, in the event of failure to pay on time, lose the benefit of payment by instalments and the entire balance shall be immediately due and payable, including any contractual interest and contractual compensation.

6.3. If,for any reason whatsoever, a payment is not made by the due date, NV Weston shall be entitled to suspend all current orders, without any prior notice or the buyer being able to demand any compensation.

Article 7: Cancellation of agreement

7.1. In the event of the cancellation of the sales agreement by the buyer or the seller, in particular when the sale is deemed to have been cancelled because the goods have not been collected, NV Weston shall be entitled to claim compensation to cover the costs and expenses related to the work performed by NV Weston and that it has had to pay up to that time for the preparation and the execution of the agreement, the minimum amount of compensation being 10% of the value of the vehicles.

Article 8: Delivery and buyer’s obligation to remove vehicles

8.1. The goods sold will only be delivered by NV Weston upon full payment of the purchase price.
8.2. When ordering the goods from NV Weston, the buyer undertakes, upon full payment for them, actually to take the vehicles away within 14 day of their being made available.
8.3. In the event of failure to remove them in a timely fashion, NV Weston reserves the right to claim compensation in the amount of € 500 per car not picked up on time.

Article 9: Retention of ownership and transfer of ownership

9.1. It is expressly agreed between the buyer and NV Weston that the transfer of ownership shall only take place once the agreed total price has been paid, i.e. the principal plus any interest and additional costs.

9.2. The documents associated with the transfer of the vehicles will be requested by NV Weston as speedily as possible. NV Weston may not be held liable should the documents, however, not be furnished on time by the bodies concerned.

9.3. NV Weston shall, however, always do its best to be able to furnish the necessary documents on time.

Article 10: General liability

10.1. NV Weston may only be held responsible to the extent that the buyer demonstrates a grave error or negligence on the part of NV Weston, including intentionally, or if NV Weston has not fulfilled an obligation that forms part of the above provisions of the agreement. NV Weston’s liability is limited to redressing any foreseeable, direct damages or personal injuries that the buyer/user had actually suffered, to the exclusion of any indirect or immaterial damages, such as, but not limited to, loss of income or profits, loss of customers, loss of or damage to data, loss of contracts and/or supplementary costs.

10.2. NV Weston may not, on any account, be held responsible for any direct or indirect damage suffered (interruption of operations, loss of profit, missed opportunities, etc.) resulting from the use of NV Weston’s website.

10.3. NV Weston is, furthermore, not responsible for the contents of any third-party websites to which the NV Weston website has links, in particular with regard to respect for protection of privacy and of personal data. NV Weston may not be held responsible for any possible errors in photographs or texts used in the descriptions of products on NV Weston’s website.

10.4. Should NV Weston’s responsibility be engaged then its responsibility shall in any case be limited to the amount that the buyer actually paid for an order or a sale.

Article 11: Liability regarding second-hand vehicles

11.1. NV Weston shall make all damage, which is visible and known to it, known to the customer at the moment of the sale of a second-hand vehicle.

11.2. A vehicle is always sold and handed over “as is” and the buyer accepts the second-hand vehicle with its defects.

Article 12: Liability as a consequence of the use of the website

12.1. The user of the website is specifically aware of the fact that any use of the website or the information provided on the website is entirely at his own risk. NV Weston may not, therefore, be held liable for any damage resulting from the use of the website or of the information made available on the website.

The use of the website and its contents includes also the use of the information referred to by hyperlinks and electronic communications which take place via the website. NV Weston may not, moreover, be held liable for any damage arising from disruptions to the website or damage caused by technical errors, viruses or similar malfunctioning of the website.

Article 13: Website intellectual property rights

13.1. Access to NV Weston’s website and the information made available on it does not imply any transfer of intellectual property rights. The contents of the website may only be used for internal purposes and, accordingly, may not be utilised in any commercial manner whatsoever.

Article 14: Force majeure

14.1. In the event that NV Weston is affected by a case of force majeure, the buyer will be informed of the fact within 5 working days; the execution of the agreement will be suspended for the duration of the force majeure without any compensation being due because of it from NV Weston.

14.2. NV Weston may demonstrate force majeure by any legal means.

Article 15: Applicable law and place of jurisdiction

15.1. The agreement between NV Weston and the client shall be exclusively governed by Belgian law.

15.2. The courts of the Leuven district alone shall be competent regarding disputes arising out of this agreement.

Article 16: Partial invalidity

16.1. Should any provisions of these general conditions and/or other agreements NV Weston and the buyer/user be invalid or become invalid, this shall not affect the validity of the remaining provisions of the general conditions and/or the agreements.