1.1. For the purpose of these general conditions, the terms below are defined as follows:
- 1.1.1. WESTON: WESTON NV, a company incorporated under Belgian law with its registered
office at Gaston Geenslaan 80, 3200 Aarschot and enterprise number 0876.344.520;
- 1.1.2. Client/Buyer: any person who acts as a potential buyer, buyer, or client with regard to WESTON or otherwise enters into legal transactions with WESTON.
- 1.1.3. User: any person who accesses WESTON’s website, directly or indirectly.
- 1.1.4. Website: www.weston.be
1.2. These general conditions apply to every offer made by WESTON and to every Agreement concluded (see 2.5) between WESTON and its Client/Buyer. They also apply to all other transactions, legal acts, services, performances, correspondence, and use of the website.
1.3. By ordering the goods or services from WESTON or by accepting delivery of the goods or services from WESTON, the Client/Buyer confirms that they: (1) took note of these general conditions before concluding the Agreement; (2) accept the general conditions in full; (3) that the general conditions form an integral part of the concluded Agreement.
1.4. WESTON’s general conditions take precedence over any general conditions of the Client/Buyer, which are thus excluded, regardless of the date of the Client’s/Buyer’s knowledge of these general conditions. The Client/Buyer acknowledges that WESTON does not need to expressly object to their general conditions for this purpose.
1.5. If one or more provisions of these general conditions are invalid, this has no effect on the other provisions, which will remain in force if necessary. The invalid provision will be replaced by a valid provision that approximates the intention and scope of the invalid provision as closely as possible.
1.6. WESTON always has the right to unilaterally amend its general conditions. Any such amendments also apply to Agreements already concluded. Amendments take effect one month after they are announced, either by written notice or by publication on the Website. If the Client/Buyer does not accept the amendments to the general conditions, they must object to them by registered letter within ten working days of receiving the amended version. After the aforementioned effective date, the Client/Buyer is deemed to have tacitly accepted the amendments.
1.7. If the Dutch version of these general conditions of WESTON is inconsistent with a version in another language, the Dutch version takes precedence.
2.1. WESTON offers its goods by submitting quotations to potential Clients/Buyers.
2.2. As soon as the Client/Buyer states that they wish to purchase a vehicle, WESTON issues a pro forma invoice. Sending the pro-forma invoice is regarded as WESTON’s acceptance
of the Client’s/Buyer’s order.
2.3. Unless explicitly stated or agreed otherwise, the prices specified in the pro forma invoice
exclude VAT and other current or future charges/taxes that could apply to the goods.
2.4. If the Client/Buyer is based in Belgium, the Netherlands, Luxembourg, Germany, France,
or Switzerland, the price of the pro forma invoice includes the delivery of the vehicle(s). For other countries, the Parties must specifically agree whether the Client/Buyer is responsible for the transport or whether WESTON must organise it. Where applicable, this will be included as a separate item in the pro forma invoice.
2.5. The Agreement is concluded once the Client/Buyer has explicitly accepted the pro-forma invoice in writing by returning it signed to WESTON (by post or digitally) together with these general conditions.
3. INVOICING AND PAYMENT
3.1. After the Agreement has been concluded in accordance with Article 2.5, WESTON prepares the invoice. Unless agreed otherwise by the Parties, the invoice is handed to the Client/Buyer together with the other vehicle documents.
3.2. Invoices are payable at WESTON’s registered office in euros and must be paid by bank transfer, as specified on the pro forma/final invoice.
3.3. As the purchase of vehicles is always accompanied, in principle, by the delivery of the vehicles, organised and carried out by WESTON (see Article 2.4), the final payment date of the pro-forma/final invoice will relate to the delivery options.
WESTON will communicate those options and the latest payment date to the Client/Buyer.
If nothing is agreed between the Parties and unless stipulated otherwise on the pro forma/final invoice itself, WESTON’s invoices fall due within 30 calendar days of the invoice date.
3.4. All complaints regarding invoices must be motivated and reach WESTON within eight calendar days of the invoice date by registered letter. Complaints received after this date are always inadmissible.
3.5. If an invoice is not paid by its due date, default interest in accordance with the Belgian Act of 2 August 2002, subject to a minimum of 12% per year, will be added to the invoice by operation of law and with no prior notice of default. If the invoice is not paid by its due date, a fixed penalty of 10% of the amounts owed will also be payable by operation of law and with no prior notice of default, subject to a minimum of EUR 250.00, notwithstanding WESTON’s right to claim higher compensation if it can prove it has actually suffered more damage. Where applicable, garaging fees are also payable (see Articles 4.3 and 4.4).
3.6. If the invoice is not paid by its due date (see Article 3.3): (1) WESTON may suspend its obligations under this Agreement until the Client/Buyer has fulfilled their payment obligations, (2) all payment terms will cease to apply by operation of law, (3) all invoices, even those not yet due, will become immediately payable, and (4) all discounts will cease to apply.
3.7. Each payment is allocated first to the interest and costs due and then to the oldest outstanding invoice.
4.1. In principle, WESTON delivers the goods purchased by the Client/Buyer (see Article 2.4), although only if the invoice has been paid in full.
If the Parties agree that the Client/Buyer is to collect the vehicle, this will be possible
only after the invoice has been paid in full.
4.2. The delivery period stated by WESTON is indicative.
4.3. If WESTON is responsible for delivering the sold vehicle(s), it will notify the Client/Buyer
of the payment deadline (see Article 3.3) in order to plan the transport. If the Client/Buyer does not pay on time, the planned transport date is jeopardised. By way of compensation, the Client/Buyer must pay a fixed fee of €500 per vehicle plus the additional costs stipulated in Article 3.5.
4.4. If the Client/Buyer is responsible for collecting the purchased vehicle(s), WESTON will give notice when the vehicle is available. The Client/Buyer undertakes to collect the vehicle(s), after full payment of the invoice, no later than ten days after this notice from WESTON. Failing this, the Client/Buyer must pay a garaging fee of €1 per day for each vehicle from the eleventh day onwards, plus the additional costs stipulated in Article 3.5.
5. RETENTION OF TITLE
5.1. Notwithstanding Article 1583 of the Belgian Civil Code, WESTON remains the owner of the goods until the full price (principal sum, costs, interest and/or fixed penalty, garaging fees, and so on) has been paid.
5.2. If the Client/Buyer must collect the goods and fails to do so, the goods will be stored at their risk and expense.
5.3. WESTON requests the documents to be sent after delivery of purchased goods from the relevant authorities immediately after the Agreement is concluded. WESTON cannot be held responsible if the relevant authorities issue these documents late. However, WESTON will always do its utmost to hand over the necessary documents in due time.
6. FORCE MAJEURE
6.1. Force majeure situations, defined as every event beyond the reasonable control of WESTON, its suppliers, employees and agents (such as carriers) release WESTON from performing its obligations for the duration of the hindrance and its scope. Force majeure situations include, but are not limited to, strikes, lock-outs, lockdowns, interruptions in transport and distribution, acts of war, fire, government or administrative regulations or rules, inability to obtain natural gas and/or other fuels or supplies, technical failure of machines or systems, lack of personnel, extreme weather conditions, an accident during transport, and so on, both domestically and abroad.
6.2. Force majeure does not entitle the Client/Buyer to any reduction in price, compensation, termination, or cancellation of the Agreement.
6.3. If force majeure occurs, the Parties must make all reasonable efforts to continue or commence performing the Agreement as soon as possible.
7.1. The Client/Buyer may cancel an order only if WESTON agrees to this in writing. Cancellation is subject to payment of a fixed penalty of 10% of the total agreed price, without deducting any advances already paid and subject to WESTON’s right to claim higher compensation if it proves it has actually suffered more damage. This all applies subject to the Parties agreeing otherwise.
7.2. Any advances paid by the Client/Buyer always remain acquired by WESTON and will not be refunded.
8.1. Either Party may terminate the Agreement with a registered and motivated notice of default if the other Party does not fulfil their obligations under this Agreement and does not remedy its default within eight days of receipt of the registered notice.
8.2. Either Party may consider the Agreement terminated by operation of law if the other Party is declared bankrupt or put into liquidation, subject to judicial reorganisation, or is manifestly unable to pay.
8.3. Neither Party need pay a termination fee if termination occurs in accordance with Articles 8.1, 8.2, and 8.3.
9. GENERAL LIABILITY
9.1. Although WESTON undertakes to perform the Agreement to the best of its ability, it gives no guarantees to the Client/Buyer. Each of its obligations under the Agreement are therefore an obligation of means or best-efforts obligation.
9.2. At the risk of otherwise forfeiting a claim for compensation, the causes of such a claim must be communicated in a detailed registered letter no later than eight days after the end of the action that caused the damage.
9.3. If the Client/Buyer holds WESTON liable, they must give WESTON a reasonable period of at least 30 days in a registered letter in which to remedy the undisputed defects and/or to reduce or eliminate the damage arising from the defects. The Client/Buyer may proceed to hold WESTON liable only after this period ends.
9.4. If WESTON fails to comply with its contractual obligations, the Client/Buyer may demand compensation for direct damage resulting from defective performance, subject to proof of WESTON’s attributable failure to perform.
9.5. Unless WESTON acts fraudulently or intentionally, its liability for damage to third parties or indirect damage (for example, consequential damage, loss of profit, reduced goodwill, business interruption damage, damage because of failing to meet agreed delivery and performance deadlines) is excluded.
9.6. The Client/Buyer undertakes to promptly and correctly provide all information that WESTON specifies is necessary or that the Client/Buyer should reasonably know to be necessary or useful for concluding or performing the Agreement.
The Client/Buyer bears the risk of misunderstandings or errors relating to performing the Agreement if these are caused by actions on the part of the Client, such as failing to provide complete, reliable, and clear information or data in good time or at all.
9.7. Any liability of WESTON (contractual or non-contractual, direct or indirect) is always capped at the amount paid by the Client/Buyer under Article 3.1). WESTON reserves the right to replace the defective goods delivered or services performed free of charge within a reasonable period of at least 30 days.
10. LIABILITY FOR SECOND-HAND VEHICLES
10.1. WESTON will inform the Client/Buyer of all visible and known defects or damage when it sells a vehicle.
10.2. The vehicle is always sold and transferred in its current condition.
10.3. The Client/Buyer accepts the vehicle with all its defects, whether visible or
11. APPLICABLE LAW AND COMPETENT COURT
11.1. The Parties agree to use all means to achieve an out-of-court solution to any dispute relating to the conclusion, validity, performance, and/or termination of this Agreement before instituting any legal proceedings.
11.2. If these disputes cannot be resolved out of court, the dispute will be settled exclusively by the courts of the judicial district of Leuven, notwithstanding WESTON’s right to bring its action before the courts of the place where the Client/Buyer has their registered office or place of residence.
11.3. All Agreements between WESTON and the Client/Buyer are governed by Belgian law, with the exclusion of the Vienna Sales Convention.