Article 1 – APPLICABILITY
These General Terms and Conditions of Sale (the “Terms”) apply to and are incorporated into any offer, quotation, confirmation, agreement to which they are attached or any other contractual relationship (the “Agreement”) that may arise between you (the “Customer”) and the company Feton International SPRL, a private limited liability company incorporated under the laws of Belgium, whom registered office is at Rue de la Croix du Maïeur (S-B) 8, 7110 Strépy-Bracquegnies, Belgium and registered with the Crossroad Bank for Enterprises under number 0674.542.750 (“Feton”). Any terms or conditions submitted by the Customer to Feton, which are inconsistent with, different than, or additional to these Terms, are hereby rejected.
If a person signs this Agreement on behalf of a company or legal entity, this person warrants that he/she has the authority to bind the company or any other legal entity or affiliate he/she represents.
Article 2 – ORDERS
The products described on Feton’s website (currently available at https://fetonfillers.com) or communicated to the Customer in writing by Feton (the “Products”) can be ordered by a Customer.
By placing an order, the Customer – that it may be a natural person or a legal entity - confirms to Feton that it is acquiring the product in the framework of its professional activities (trade, business, craft or profession). The special provisions relating to consumer protection, which exclude acts carried out in the framework of professional activity, do not apply to the Agreement.
The Customer shall submit all orders for Products to Feton by e-mail to the address firstname.lastname@example.org, or as Feton otherwise specifies in writing, (each a “Purchase Order”) and shall include in each Purchase Order:
(a) each Product it is ordering, identified by its reference,
(b) the amount of each Product it is ordering,
(c) the unit price of each Product it is ordering,
(d) the location for delivery.
All Purchase Orders placed by a Customer, even if submitted pursuant to an offer or quotation, will only be deemed accepted upon written confirmation by Feton, within the limits of available stocks. Feton shall make any commercially reasonable effort to execute the Purchase Orders but expressly reserves the right not to honour an order or to require payment before the first delivery. Feton can under no circumstances whatsoever be held liable on account of costs, losses or damage sustained by the Customer as a consequence of Feton’s omission to accept a specific Purchase Order or resulting from the unavailability of a Product. In the event of unavailability of a Product of all quantities listed in a confirmed Purchase Order, the Customer shall be informed of the total or partial cancellation of its Purchase Order by e-mail or by telephone. In such case, the Customer shall be entitled to cancel its Purchase Order or to accept a new delivery period, although it may not claim any discount or payment of damages.
Confirmation of the Purchase Order
Feton shall confirm the date of delivery of the Products in an e-mail sent to the e-mail address that the Customer entered at the time of placing the Purchase Order. Such confirmation shall conclude the sale under the conditions, terms and constituent elements included in the confirmation e-mail sent by Feton.
Such e-mail shall constitute proof of the purchase agreed between the parties as well as proof of the availability and price of the articles, the promotional offers and the shipping costs. The invoice which shall be handed to the Customer upon delivery of the package shall therefore include the prices of the products and the costs for shipping the order.
Article 3 – PRICE AND PAYMENT TERMS
The prices displayed at the end of the order process are given in Euros. They are guaranteed during the period of validity of such documents, subject to amendment following a printing error or errors resulting from changes to our website.
The price of Products excludes all taxes, duties, fees, and other charges, which are the responsibility of Customer. The VAT rate that will be applied, as the case may be, is that in force in the country in which the delivery address is located.
Feton reserves the right to modify the selling price at any time; however, the Products purchased shall be invoiced at the price as stated in the Purchase Order confirmatory e-mail.
The Customer shall pay each invoice:
(a) within thirty (30) calendar days of the date of applicable invoice (except in case advance payment is specifically required by Feton when confirming the Purchase Order);
(b) unconditionally, in immediately available funds and without any setoff, recoupment, or counter- claim;
(c) to the Feton’s account n° IBAN: BE07 3630 6652 5266 - BIC: BBRUBEBB;
(d) with the invoice number written in the notes section of the payment.
Any amount not paid when due will bear interest from the due date until paid at a rate equal to 1% per month (12,68% annually), with a minimum of 75€, or the maximum allowed by Law, whichever is less.
The Products shall remain the property of Feton until the price has been paid in full in accordance with this clause. Until such payment is received, Customer shall ensure that goods: (i) remain under Customer’s exclusive control; (ii) are clearly marked as belonging to Feton; and (iii) are not incorporated into any other goods or transformed in any manner. Feton reserves the right to refuse all orders from a Customer with whom it has a past or present dispute.
Article 4 – DELIVERY AND ACCEPTANCE
Feton will remain liable for any damages, losses, or defects to the Products until the Products are delivered at the address mentioned by the Customer in the Purchase Order, after which the Customer will be solely liable.
The Customer shall inspect all goods within five (5) business days of their receipt and provide Feton with written notice of acceptance or rejection. If Customer fails to provide Feton with such notice, then goods will be deemed accepted by Customer “AS IS.” In case the Customer wants to return some Products, it will remain liable for any damages, losses, or defects to any package it sends to Feton until they are delivered to registered office of Feton, after which Feton will be solely liable.
All deliveries shall be announced by e-mail. The invoice shall list the detail of the logistics fees and the VAT. The delivery shall be accompanied by a delivery note listing the goods delivered. The ordered Products shall be presented to the Customer or to any other person present at the delivery address or holding a power of attorney. If no-one is able to take delivery of the Products at the time of delivery, a notice informing the client of the attempt to make a delivery shall be left, and the Customer must contact the delivery company in order to obtain the address at which the Customer may collect their package.
All delivery times set forth in the confirmatory e-mail of the Purchse Order are only non-binding estimates. Feton reserves the right to split the delivery of Products depending on their availability. A delay in the delivery will not entitle the Customer to any indemnity nor compensation nor does such delay entitle the Customer to cancel the Purchase Order or reject goods.
Article 5 – WARRANTY
Feton hereby warrants to Customer that goods will, at the time of delivery and for a period of five (5) years as from purchase (the “Warranty Period”), comply with its intended functionality and will be free from defects in material, design and workmanship.
All products offered by Feton are described in good faith and as faithfully as possible. However, the images displayed on its website have no contractual value and therefore Feton cannot be held liable with regard to such. Feton disclaims all liability for any errors that may be found in the descriptions of the Products. However, provided that it has been informed of such in writing, Feton undertakes to correct such errors in a timely manner to the extent possible and insofar as it is able to do so.
During the Warranty Period, Customer’s sole and exclusive remedy for any breach of the foregoing warranty is, at Feton’s option: (i) replacement of the non-conforming goods or of their part(s), subject to availability of the stocks ; (ii) repair of the non-conforming goods or of their part(s); or (iii) reimbursement of that portion of the purchase price attributable to the non-conforming goods. Customer shall provide Feton with written notice of any latent or hidden defects within five (5) business days of Customer’s discovery of such defects. To obtain the warranty service, the non-conforming goods needs to be delivered at Feton’s address at the buyer’s expense, together with an email describing the fault, unless otherwise agreed upon in writing by both parties. Repair or replacement of the Product or its part(s), Labor and shipping back of the goods to the Customer will be covered by the warranty and free of charge for the Customer.
The followings are not covered by the warranty:
i. damages due to non-compliance with the instructions included in the datasheet of the Product,
ii. damages due to a modification or correction, direct or indirect, of the original design of all or a part of the Product, done by someone other than a Feton’s employee,
iii. natural wear that does not prevent the full intended functionally of the Product,
iv. damages due to negligence, misuse or due to an external cause such as fall, fire or vandalism.
Article 6 – INTELLECTUAL RIGHTS
The use of the www.fetonfillers.com web service is reserved for strictly personal use.. Feton may modify the information displayed on its website at any time without any prior warning.
The texts, the database containing the published data, the creations of pages, the sales catalogue, the photographs and illustrations, the images and music on the website of Feton are universally protected by copyright, trademark law and other intellectual property rights; consequently, they remain the private property of Feton, of its suppliers or other third parties with which Feton has entered into agreements. Accordingly, any copy, publication, reproduction or any other exploitation, infringement in any form whatsoever, are prohibited without the prior written authorisation of Feton. Any offense may result in civil or criminal prosecution.
Article 7 – LIABILITY
Feton’s maximum liability under the Agreement and these Terms for damage resulting directly from the defect of the Products purchased and which is consequently foreseeable upon subscribing the contract, is limited to the amount paid for the Purchase Order which caused Feton to be held liable and is in any case capped at the amount for which Feton is insured. To the maximum extent permitted by applicable law, Feton hereby disclaims and shall not be liable to Customer for any consequential, incidental, or indirect damages, including, without limitation, lost profits or production down-time, as a result of the Agreement or these Terms, even if Feton has been informed of the possibility of such damages.
Feton may not be held liable for any virus on its website or the content of the websites of third parties to which it may establish a hypertext link, in particular with regard to privacy. Feton may not be held liable for any errors in the texts and photographs used in the description of the Products on its website.
The Customer is responsible for correct use of the products, in accordance with the instructions and recommendations of Feton, for compliance with the regulations in force, in particular as regards safety. Feton shall not be held liable if the product delivered does meet the Customer’s needs even if Feton was made aware of the intended use.
Article 8 – FORCE MAJEURE
Feton shall be excused from its obligations under the Agreement to the extent prevented by circumstances beyond its reasonable control, including, without limitation, fire, flood, natural disaster, change in applicable law, difficulty sourcing raw materials, war, equipment breakdown, strike, lockout, labor dispute, and interruption in utilities or transportation.
Article 9 – DISPUTES AND APPLICABLE LAW
Any dispute relating to the use of the Products and to the application or interpretation of these Terms or the Agreement, shall be governed exclusively by Belgian law. Any dispute or litigation to which the parties have been unable to reach an out-of-court settlement shall fall under the jurisdiction of the Court of the Hainaut, Mons division. Customer hereby waives any and all defenses that it may have regarding such venue. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply to the Agreement or these Terms.
Article 10 – TERMINATION
Unless otherwise set forth therein, Customer may not terminate the Agreement. If the Agreement may be terminated, then the Customer shall reimburse Feton for all costs and expenses incurred by Feton as a result of performing the Agreement prior to the date of termination. Such costs and expenses may include, without limitation, raw materials, labor, and production costs.
Article 11 – AMENDMENT OF THE TERMS AND CONDITIONS
Feton may amend these Terms at any time, inter alia to comply with a legal provision. The Customers shall be adequately informed of the amendments made, via the “Contact” section of the website or by any other means. The Customers undertake to take cognizance of the amendments as soon as they have been informed of such. Any use of the Products after having been informed of such amendments, shall be deemed to have taken cognizance of the amended Terms. Feton reserves the right to change the configuration and content of its website at any time. To the extent possible, the Customers shall be informed of all major changes. The Customers shall be entitled to terminate their registration following the amendments described above and must inform Feton of their decision through the website www.fetonfillers.com.
Article 12 - Severability and Assignment
If any provision of the Agreement or these Terms is deemed by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be severed from the Agreement or these Terms, as applicable, and have no further impact on the remaining provisions. Customer may not assign its rights or delegate any of its obligations under the Agreement or these Terms without the prior written consent of Feton.