The following provisions concerning terms and conditions of sale and delivery shall be deemed to be known to the buyer and possibly his client. Any deviation from them shall be of no value unless agreed in writing between the parties.
The agreement only extends to the sales addresses that are clearly specified on the order form. In the event that the buyer or his principal have also provided general terms and conditions, the seller’s terms and conditions shall be decisive.
Ordering and delivery procedure
All quotations are without obligation: the seller is only bound by them after he has accepted the order in writing. Any total or partial cancellation of the order by the Buyer shall be null and void if it is not made within 14 days of the date of the order; in any event, in the event of cancellation, compensation equal to at least 30% of the value of the order shall be due.
Orders are only considered final if they have been expressly accepted by us by means of an order confirmation.
If you order an item below the minimum quantity, this will automatically be adjusted to the minimum quantity allowed.
The prices quoted are net prices excluding VAT
Items in backorder will always be delivered as fully as possible with your next order. Should you prefer to receive the backorder earlier, so before you place a new order, please inform us. A backorder will be sent postage paid if the original order was a carriage paid order.
Delivery times are only given by way of information and are not binding on the seller. Delays in delivery do not entitle the seller to compensation or rescission of the contract.
The seller shall not be responsible for force majeure, which includes: any circumstance beyond the seller’s control, even if already foreseeable at the time the agreement was concluded, which permanently or temporarily prevents the fulfilment of the agreement, such as: war, insurrection, strike, forced closure of the company, fire, flood, illness of personnel, import or export ban, transport difficulties, delayed supply from suppliers or other disruptions in the company or in those from which the seller obtains his materials and raw materials.
In that case the seller has the right to cancel the agreement in writing. The goods shall be transported at the exclusive risk of the consignee, even in the case of carriage paid, who expressly waives any claim that may arise from the loss, destruction or damage of the goods during transport. Whatever the cause, the seller cannot guarantee that the colour and quality of the merchandise delivered by him are absolutely identical to the samples proposed, slight deviations in colour shade and fabric fastness are always possible.
The seller reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in the event of bankruptcy, obvious inability, as well as in the event of any change in the buyer’s legal situation.
Postage and free-at-frontier
The amount of a free order is determined in our price list in force at the time of the order. If you would like a delivery of less than the postage paid amount, you will have to pay postage and, in certain cases, administration costs. The amounts of these costs can also be found in the price list, valid at the time of the order.
A backorder of a non-franco order can only be sent with postage costs. Depending on the evolution of freight and transport costs, Maimundo is free to adjust the postage-paid limit. Such an adjustment can only take effect from 1 January following the current year.
Return policy / disputes / complaints
Immediately upon receipt of the shipment, the buyer must check whether the quantity delivered corresponds to the quantity purchased.
Complaints must be notified to the seller in writing no later than 8 days after receipt.
Goods will be taken back by us and credited or replaced upon receipt, in mutual consultation.
Complaints cannot be grounds for blocking invoices in whole or in part.
The seller reserves the right to replace legitimately refused goods.
Terms of payment
By accepting the invoice, the customer accepts Maimundo’s terms and conditions of sale. By accepting the first invoice, the buyer acknowledges and accepts Maimundo’s terms and conditions of sale also for future invoices.
All invoices are payable within one month of the invoice date, unless otherwise agreed. In the event of non-payment within the stipulated period, interest on arrears of 20% up to 1250 euros, 15% up to 2500 euros and 10% above 2500 euros calculated on the invoice amount shall be due from the due date and without prior notice of default.
In the event of non-payment not justified in law, even partial non-payment notwithstanding a reminder, the debt will be increased by 15% of the amount of the invoice or the bill of exchange, with a minimum of 125 euros as fixed compensation for the damage suffered and with possible legal costs.
Expenses related to unpaid bills of exchange or cheques as well as other collection costs are not included in this fixed compensation and will be charged to the buyer separately.
In the event of non-payment, the seller shall be entitled to stop further deliveries and to regard the agreement as dissolved by operation of law and without notice of default for the whole or the part not yet performed.
Retention of title
All deliveries by Maimundo are subject to retention of title. The articles remain the property of Maimundo until the final payment of all delivered articles and other obligations to Maimundo has been made in full. Retention of title shall apply to all goods delivered to you up to the amount in euros of all outstanding claims against you. This also means that Maimundo goods present at your premises and paid for by you are also subject to retention of title, if the amount of the total claim against you is higher than the value of the delivered goods still present at your premises and not yet paid for.
In the event of a dispute, only the courts of Antwerp shall have jurisdiction and only Belgian law shall apply.