General Terms & Conditions

All quotes, order confirmations, contracts and deliveries take place under the terms set out below. Our terms prevail in all cases over any purchase or general conditions of the buyer, even if the buyer's conditions contain a similar priority clause.

The contract is only binding on the seller once the seller has confirmed the order in writing (email is sufficient) or has received the online payment via the website checkout.

Price indications, online estimates and preliminary designs are non-binding until confirmed in writing.

All goods delivered remain the exclusive property of the seller until the buyer has paid in full the price of all goods ever supplied by the seller, including interest and costs. As long as the goods have not been fully paid, the buyer is prohibited from selling, pledging or otherwise using them as security.

The risk in the goods passes to the buyer as soon as they are sufficiently specified, and in any event upon delivery or handover to the carrier.

Delivery takes place at the seller's registered office, either upon handover of the goods or upon notice to the buyer that the goods are at their disposal. Stated lead times are estimates only and not strict deadlines, unless expressly agreed otherwise in writing.

Any delay in delivery shall not entitle the buyer to terminate the contract or claim damages.

If handover of the goods is delayed through the buyer's fault or negligence, the seller is entitled to invoice storage and safekeeping costs at € 25 per day per m³ occupied, without prejudice to the seller's right to terminate the contract with damages as provided in article 9.

Conformity is only warranted with due observance of standard trade tolerances. For custom-made items the seller undertakes a best-efforts obligation, not a result obligation. Minor variations in colour, size, stitch density and finishing that are inherent to embroidery are not defects.

The buyer must inspect the goods on receipt and make any reservations directly with the carrier, who is solely responsible for transport damage.

Complaints regarding visible defects must be notified to the seller by registered letter within three (3) days of receipt of the goods, on pain of inadmissibility. If the goods are processed or resold within that period, the complaint must be filed before processing or resale. Complaints regarding hidden defects must be notified to the seller by registered letter within three (3) months of delivery, on pain of inadmissibility.

Printed, embroidered or otherwise customised goods are not taken back.

Where a complaint is accepted as justified, the buyer's remedy is limited to the invoice amount of the shipment concerned. The seller reserves the right to replace the rightfully rejected goods without further compensation.

Complaints, even if well-founded, do not entitle the buyer to refuse performance of the contract for goods that are not the subject of the complaint.

All prices are in EUR. B2B prices for approved distributors are shown excluding VAT; consumer prices at online checkout include 21% Belgian VAT and free shipping.

Invoices are payable in cash at the seller's registered office, unless agreed otherwise in writing. Online orders are payable immediately via the checkout.

In case of late payment the outstanding balance shall bear interest of 15% per annum from the invoice date, by operation of law and without notice. Where an invoice remains wholly or partly unpaid for more than 30 days from its due date, the amount due shall be increased, after formal notice, by 12% with a minimum of € 125 and a maximum of € 2,000 as agreed and fixed damages, even in case of granted respites.

Failure to pay any invoice on its due date renders all outstanding invoices immediately payable. In that case the seller has the right to cancel any outstanding orders, even if previously accepted.

In case of successive deliveries, the seller may invoice each portion already delivered and accepted. In case of non-payment the seller may suspend further deliveries or terminate the contract. In the latter case the buyer owes damages fixed at 30% of the sales value of the unperformed part of the contract.

Where the buyer fails to perform its obligations under this or any other contract with the seller, the seller may, by operation of law and without notice, either suspend its obligations or consider any contract terminated without any right to damages for the buyer. A written notice from the seller is sufficient.

In case of such termination, the buyer owes damages equal to 30% of the sales value of the unperformed part of the contract.

The buyer warrants that it holds all rights on the artwork, logos, texts and designs submitted for production, and indemnifies the seller against any third-party claim based on trademarks, copyright, design rights or any other exclusive right.

The seller retains the right to display produced items in its portfolio and marketing communications, unless expressly agreed otherwise in writing.

Products made to the buyer's specifications or clearly personalised are excluded from the EU consumer right of withdrawal (Art. 16 c of Directive 2011/83/EU, transposed in Belgian consumer law).

The seller is not liable for any failure caused by events beyond its reasonable control, including supplier failure, strikes, energy or transport disruption, pandemics, fire, cyber-attacks or government measures. The seller may suspend or terminate affected contracts without any right to compensation for the buyer.

This contract is governed exclusively by Belgian law. Any dispute regarding the formation, interpretation or performance of this contract falls under the exclusive jurisdiction of the courts of the judicial district of the seller's registered office, unless the seller chooses to bring the matter before the courts of the buyer's domicile.

The issue of a bill of exchange or acceptance of drafts or other negotiable instruments does not constitute novation and does not derogate from these terms.

Deviations from these terms are only valid if agreed in writing and expressly. The invalidity of any clause does not affect the validity of the remaining provisions.

Questions about these terms: mattice@adfortem.be.