GENERAL TERMS AND CONDITIONS — MAISON ZITOUN COMMVMaison Zitoun CommV • Company number: BE1028165158 • Registered office: Wallekensstraat 32, 9051 Ghent, Belgium
1. APPLICABILITY 1.1. These general terms and conditions ('GTC') apply to all offers, orders, agreements and deliveries of Maison Zitoun CommV ('MZ'), to the exclusion of the buyer's own conditions ('Buyer'). Deviations are only valid with the prior written consent of MZ. 1.2. Commitments by employees only bind MZ after written confirmation by an authorised representative of MZ. Placing an order implies unconditional acceptance of these GTC.
2. OFFERS & ESTABLISHMENT 2.1. Quotes are non-binding and valid for 14 calendar days. MZ reserves the right to refuse orders due to stock depletion, force majeure, or well-founded doubts about the Buyer's solvency. 2.2. An agreement is concluded upon written order confirmation or actual execution. Prices are exclusive of VAT and other levies, unless expressly stated otherwise.
3. PRICE & PAYMENT 3.1. Invoices are payable to the bank account stated, within 14 calendar days of the invoice date, unless otherwise agreed in writing. 3.2. In case of non-payment on the due date, the following shall be legally due: (i) default interest of 1.5% per commenced month; (ii) a fixed compensation of 10% of the outstanding amount, with a minimum of EUR 75.00. 3.3. All outstanding invoices become immediately due and payable in the event of default. MZ may suspend further deliveries. Set-off by the Buyer is not permitted without MZ's written consent.
4. DELIVERY & TRANSFER OF RISK 4.1. Delivery times are indicative and do not constitute a performance obligation. Exceeding them does not entitle the Buyer to dissolution or compensation, unless due to intent or gross negligence by MZ. 4.2. Risk transfers upon handover to the carrier or, in the case of collection, upon availability. Visible transport damage must be immediately noted on the consignment note and/or reported in writing to MZ within 24 hours. Unless otherwise agreed: delivery Ex Works (EXW – Incoterms 2020); shipping costs are borne by the Buyer.
5. RETENTION OF TITLE 5.1. Delivered goods remain the property of MZ until full payment of all amounts due. The Buyer may not alienate, encumber, or process the goods before full payment, unless in the context of its normal business activities. 5.2. In case of bankruptcy, collective debt settlement, or apparent insolvency of the Buyer, MZ may immediately reclaim the goods without judicial intervention.
Version: April 2026 |
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6. CONFORMITY, COMPLAINTS & RETURNS 6.1. The Buyer shall inspect the goods upon receipt. Complaints regarding visible defects or non-conformity must be reported in writing within 48 hours of receipt, stating the lot and batch number. Invoice complaints: within 8 calendar days of the invoice date. Late complaints will not be accepted. Complaints do not suspend the payment obligation. 6.2. Returns require prior written consent from MZ. Opened or damaged products will not be accepted back. In the event of a justified complaint, MZ's liability is limited, at its discretion, to replacement or refund of the invoiced amount.
7. FOOD SAFETY & PRODUCT INFORMATION 7.1. MZ supplies food products in accordance with EU regulations, including Regulation (EU) No 1169/2011. Allergens, shelf life, and storage instructions are indicated on the packaging. The Buyer is responsible for correct storage and use after delivery and for traceability in accordance with Regulation (EC) No 178/2002. MZ is not liable for damage resulting from incorrect use after delivery.
8. LIABILITY & FORCE MAJEURE 8.1. MZ's liability is limited to the invoiced value of the order concerned. MZ is not liable for indirect damage, consequential damage, loss of profit or damage to reputation. 8.2. MZ is not liable for shortcomings due to force majeure (strikes, fire, flood, pandemic, government measures, transport problems, raw material shortages). In case of force majeure, MZ may suspend or dissolve the agreement without compensation.
9. CONSUMER SALES (B2C) 9.1. If the Buyer is a consumer within the meaning of the Belgian Code of Economic Law (WER), the mandatory provisions of Book VI WER shall additionally apply: a right of withdrawal of 14 calendar days for distance sales, a statutory conformity guarantee of 2 years, and mandatory prior notice before charging default interest. Opened products (foodstuffs) will never be taken back. For returns, please contact: info@maisonzitoun.com.
10. INTELLECTUAL PROPERTY 10.1. All intellectual property rights to MZ's brand names, logos, product names, and packaging designs (including 'Maison Zitoun') are exclusively reserved for MZ. Use without prior written consent is prohibited.
11. DATA PROTECTION (GDPR) 11.1. MZ processes personal data as a data controller in accordance with GDPR (EU) 2016/679 and the Belgian Privacy Law, for order management, invoicing, and legal obligations. The Buyer has the right to access, rectify, and delete their data. Contact: info@maisonzitoun.com.
12. APPLICABLE LAW & COMPETENT COURT 12.1. All disputes fall under the exclusive jurisdiction of the Courts of the judicial district of Ghent. Belgian law applies. Procedural costs, including reasonable attorney's fees, shall be borne by the losing party. 12.2. If a provision is null or unenforceable, this shall not affect the validity of the other provisions. The parties shall replace the null provision with a valid provision of as similar a nature as possible. |