Terms & Conditions
GENERAL CONDITIONS OF SALE
With the exception of a special written agreement and only to the extent of the exception described therein, all offers, agreements and deliveries are performed and accepted by the buyer according to the conditions described below.
2. Acceptance of the delivery contract
A delivery contract comes about then the customer signs the confirmation of its order and/or confirms in the case of online orders. Verbal declarations by us or our sales representative are not binding. All details concerning our products, in particular details concerning quality, colour, sizes, fit, appearance and weight only provide approximate values and are non-committal. Our product’s predominantly natural properties should be taken into account, particularly in relation to details concerning quality, colour and sizes. Deviations usual in the sector, especially minor fashion alterations to the design as well as technically unavoidable variations in quality, colour or sizes are reserved. Deviations in sizes, colour, fabric, quality and all relevant details resulting from an incorrect statement or specification in quotations or in telephone offers are of course purely the customer’s responsibility.
If the customer wishes to cancel its order or withdraw from the contact without any legally justified reason, we are at liberty to decide whether we consent to the cancellation. If the event we consent, we are entitled to claim cancellation costs of 20% of the value of the order. Cancellation after the items have been delivered is excluded.
3. Delivery and transfer of risk
Delivery periods we provide only apply approximately, unless explicitly agreed otherwise in writing. Deliveries must in any event be contractually accepted if the deadline officially stated was not exceeded by more than 10 calendar days. If this is indeed the case, a suitable commercial shall potentially be negotiated in consultation. In the event of force majeure such as business disruptions, delay to transportation, measures and the framework of industrial conflicts, as well as in the event of non-delivery, non-timely or late delivery on the part of our suppliers, for any reason whatsoever and in the event execution is impeded in another manner, for which we are not responsible, we are able to postpone delivery for the duration of the impediment and for a suitable preparation time, or if this concerns a permanent impediment, to withdraw from the contract wholly or partially. We are entitled to deliver in partial deliveries. Following departure from the Mongrel Fashion NV warehouses, the goods travel at the buyer’s risk. However, if the customer refuses to receive the goods or shipment of the delivery experience a delay for other reasons also attributable to the customer, any storage costs shall be borne by the customer.
4. Prices, Payment
Quotations are also made based on the prices valid at the time of purchase. Should price increases occur, for instance due to charges and duties, factory prices, currency changes, etc., we reserve the right to charge the price difference on to the buyer. Payments are made by transfer or direct debit at the latest 10 calendar day after the goods are delivered. Invoices are provided together with the delivery, so that the customer is able to verify the invoice amount. Any dispute must be made known within 10 calendar days after the invoice has been sent. This dispute must be performed by registered letter. Any complaint after this period has ended is unfounded. In the event of non-timely payment, the client is legally in default without any prior notice charge on interest on the principle sum of 1% per month and compensation of 15% on the invoice amount, with a minimum of €150. In the case, Mongrel Fashion NV may furthermore opt not to deliver the goods at the agreed delivery times and nevertheless demand the compensation and any costs (production, storage, etc.). In the event the payment terms are exceeded, from the due of the different invoices the customer furthermore owes the payment of additional later interest calculated at the interest rate pursuant to the Payment Arrears with Trade Transactions Act. In the event of non-timely payment, not covering interest and increases arising in the interim, the buyer is not able to assign the payments it makes to the principle sum prior to the interest periods or the interest, in accordance with article 1254 of the Civil Code. The payment made on the principle sum and the interest, but with which the entire debt has not been paid off, is in the first instance assigned to the interest and increases. Non-payment of an invoice entails the payability of all other outstanding invoices and those not yet due. In the event of non-timely payment or non-payment, Mongrel Fashion NV may immediately engage a lawyer with all collection costs of the invoices being borne by the buyer.
5. Retention of title All goods delivered remain our property until the customer has paid all existing receivables arising after the contract has been concluded, and may not be encumbered or transferred in any way whatsoever, unless explicitly agreed otherwise.
The customer must store the goods under retention for us. If desired, we must at all times be allowed to perform an inventory and marking at the storage location. The customer must immediately notify us of seizures or other impediments to our rights by third parties, stating all of the details.
If the customer obligations resulting from this contract or other contracts with us are not observed or if we learn of circumstances reducing its creditworthiness, we may prohibit the resale of goods under retention or withdraw from this contract, in which case the customer's right to possess the goods under retention and we may demand these back. In that case, we are entitled to access the customer's business premises and to take possession of the goods under retention at the customer's expense, and to monetise these through private sale or sale by auction as well as possible. The revenues are deducted from the customer’s debt after deducting costs arisen, and pay to it any remainder.
6. Warranty/liability The customer must examine the goods delivered immediately following arrival at the destination site, and in particular verify the sizes and number of items and their appearance, even if models and samples were delivered beforehand. Complaints must always be communicated to us immediately at firstname.lastname@example.org. The delivery is in any event approved after 10 calendar days following the goods’ arrival at destination site without complaint. A complaint to a sales representative is not sufficient. Shipping damage must be reported to the shipper immediately. Complaints from a company expire within one year from the goods being delivered. We are at no time liable for the consequences of incorrect and/or injudicious use of the goods we deliver, nor for the consequences of use other than, and/or conflicting with the instructions we provide in this regard. Recommendations we provide in no instance release the buyer from its obligation to inspect our products itself in relation to soundness for their intended use. In all case the burden of providing proof rests with the buyer, to prove the goods we delivered have been used correctly and/or judiciously, or in accordance with the instructions be provided in this regard and after the buyer’s own thorough inspection. Arrangements between the customer and its own customer that exceed the statutory warranty claims are not our responsibility.
In the event of any disputes, the courts of Antwerp are competent and Belgian law is applicable.