General Sales Conditions

Evolution21 by Karine Bonjean BV, company under Belgian law, 0830.797.674

1. Validity of these terms

These sales conditions are exclusively applicable to the sales of Evolution21 by Karine Bonjean BV, with the exclusion of any conditions of the customer.

2. Offers
   • The offers of Evolution21 by Karine Bonjean BV are not binding, but constitute at most an invitation to formulate an offer,
   • The prices are: ex works, in EUR and excluding taxes, transport, postage, insurance or any other additional shipping and/or transport costs,
   • Evolution21 by Karine Bonjean BV reserves the right to make technical and/or model deviations from images, descriptions in catalogues, folders, internet pages and other written information, as well as model, construction, and material changes in the sense of technical improvements, without that rights can be derived from this towards Evolution21 by Karine Bonjean BV,
   • Evolution21 by Karine Bonjean BV reserves the right, subject to written notification to the customer, to adjust the prices at any time, and also after ordering, in the event of market price changes,
   • If the customer orders products in different fabric and/or leather categories, the price of the higher category applies for the whole.

3. Customer Own Material (COM)
   • If the customer wishes to use his COM, a separate price list drawn up by Evolution21 by Karin Bonjean BV applies,
   • This COM must meet the following requirements: a width of 140cm applies to plain fabrics. For fabrics with a pattern or for specific alignment requests, the customer must obtain the prior agreement of Evolution21 by Karin Bonjean BV about the fabric sizes, lengths and/or any additional costs,
   • The customer guarantees the free delivery of his COM to Evolution21 by Karin Bonjean BV,
   • The customer must indicate the front, back, top, bottom and sides of its COM. In the absence of this indication, the COM will be processed according to Evolution21 by Karin Bonjean BV’s own work criteria,
   • When placing the order, the customer must indicate whether the remnants of his COM must be returned. In the absence of this indication, Evolution21 by Karin Bonjean BV is not obliged to return the COM,
   • Evolution21 by Karin Bonjean BV is not responsible for the aesthetic result, performance, wear and/or durability of the COM.

4. Delivery
   • The delivery times are indicative. No delay, for whatever reason, can lead to liability of Evolution21 by Karine Bonjean BV or to full or partial dissolution of the agreement,
   • Delivery is made at the expense and responsibility of the customer to whom the risk passes as soon as the product, ex works, has been handed over to the forwarder, carrier or other persons or as soon as the product has left the shipping address,
   • The customer must report visible defects and complaints regarding non-conform deliveries by registered letter within 48 hours after delivery. The liability of Evolution21 by Karine Bonjean BV for visible defects is in any case limited to replacement of the goods, to the exclusion of all costs or damage. A claim for hidden defects must be submitted within one month of discovery, on pain of forfeiture,
   • If the customer places an order for a value of less than € 2.000, a transport surcharge to be determined by Evolution21 by Karine Bonjean BV will be applied,
   • For all direct deliveries to private customers or to shops located in areas where traffic is restricted, or in areas that are difficult to reach for regular trucks, Evolution21 by Karine Bonjean BV will make a mandatory estimate depending on the delivery address, whereby it reserves the right to charge any additional costs to the customer

5. Warranty and liability
   • The delivered goods are covered by a warranty for material or manufacturing defects of 1 year. Since it is technically impossible to guarantee the same shades over a longer period of time, colors of fabric, leather and material can only be regarded as an indication and deviations cannot give rise to any liability,
   • In the event of a warranty, Evolution21 by Karine Bonjean BV is entitled to carry out a repair and/or supply replacement material. The transport or shipping costs remain at the customer’s expense,
   • Warranty claims are excluded if:
6. the product has been provided by the customer with technical changes or additions, or if the customer replaces parts that have not been approved or supplied by Evolution21 by Karine Bonjean BV,
7. the defect is caused by incompetent use, insufficient care, poor or lack of maintenance of the product, negligence, insufficient supervision and control or by rough use,
8. the defect is related to wear and tear.
   • Damage control
9. Except in the case of intent or gross negligence, Evolution21 by Karine Bonjean BV is not liable for damage to a product other than with due observance of the provisions of this article,
10. Evolution21 by Karine Bonjean BV is not liable for consequential damage of whatever nature or caused by whoever, which the customer or a third party may suffer regarding (the use) of a product of Evolution21 by Karine Bonjean BV,
11. The contractual and legal liability of Evolution21 by Karine Bonjean BV is in any case limited to the amount of the purchase price of the product,

6. Billing and payments
   • Unless otherwise agreed in writing, the invoice must be paid in full within 8 calendar days, without any discount or recourse to set-off,
   • Payment must be made directly to Evolution21 by Karine Bonjean BV to the bank account specified by Evolution21 by Karine Bonjean BV,
   • In the absence of registered protest within 8 calendar days of the invoice date, the invoice is considered to be accepted,
   • Any amount that remains unpaid on the due date will automatically and without prior notice incur an interest of 12% per annum, plus a flat-rate compensation of 10% of the outstanding amount, legal costs and legal fees,
   • Granting payment terms does not entail novation and does not affect the recoverability of the principal debt, interest, and fees. In the absence of timely payment of an invoice, all invoices will become immediately and fully due and payable. Discussions regarding warranty, quality of the delivered goods or otherwise do not affect the obligations of the customer to pay the due and payable invoices of Evolution21 by Karine Bonjean BV,
   • Claims of the customer on Evolution21 by Karine Bonjean BV can only be settled after written permission from the management of Evolution21 by Karine Bonjean BV.

7. Termination
   • Each order is binding for the customer and cannot be cancelled unless accepted by Evolution21 by Karine Bonjean BV,
   • Evolution21 by Karine Bonjean BV is entitled to dissolve the agreement if the customer fails to fulfil one of its contractual obligations, in particular if it fails to pay an invoice or take receipt of the product for more than 30 days,
   • Evolution21 by Karine Bonjean BV also reserves the right to consider the agreement dissolved by operation of law and without notice of default in the event of bankruptcy, opening WCO, apparent insolvency, as well as in the event of any change in the legal situation of the customer,
   • In the event of cancellation accepted by Evolution21 by Karine Bonjean BV as determined in the present article 7.1 or in the event of dissolution as determined in the present articles 7.2 and 7.3, the customer owes Evolution21 by Karine Bonjean BV a fixed compensation of 20% of the price of the order, without prejudice to its right to claim a higher compensation, subject to proof of actual damage suffered.

8. Retention of title
   • Evolution21 by Karine Bonjean BV retains the right of ownership of the delivered products to full payment of the price, even if they have been modified, incorporated, alienated or encumbered.

9. Applicable law and competent court
   • Only Belgian law applies to an agreement, with the exclusion of the Vienna Sales Convention,
   • Disputes fall under the exclusive jurisdiction and competence of the Antwerp Commercial Court, Antwerp division.