Article 1 – Terms of sale

Sales of goods by Mataro Advice are governed exclusively by the present terms and conditions of sale. Any clause appearing in our customers’ orders, contrary to the present terms and conditions, are considered null and void. Any deviation from these terms and conditions must be agreed in writing by Mataro Advice.

Article 2 – Orders and offers

Any order placed by a customer implies full acceptance of the present terms and conditions by that customer. Orders placed by the customer are binding and may not be cancelled by the customer. Offers and quotations made by Mataro Advice are non-binding. Only orders placed by the customer and accepted by Mataro Advice are binding on Mataro Advice.

Article 3 – Terms of delivery

The delivery date is given as an indication. A delay in delivery cannot be invoked by the customer to cancel or suspend his order or claim compensation. Ready orders are held at the customer’s disposal in our workshops. Nevertheless, the customer wishing to be delivered must inform Mataro Advice at the time the order is placed; all costs and risks whatsoever resulting from delivery are to be borne exclusively by the customer. Likewise, any damage to goods not collected on the agreed delivery date is at the customer’s expense.

Article 4 – Complaints

Any complaint must be made to MataroAdvice by registered letter within 8 days of delivery. After this period, the goods are deemed to have been accepted by the customer. Under no circumstances may a complaint be invoked to delay the payment of an invoice or to offset an invoice owed by the customer against an invoice owed by Mataro Advice to the customer.

Article 5 – Liability

In the event that a product sold by Mataro Advice is defective, Mataro Advice undertakes to replace it with a similar product of the same value. The commitment will only be applicable if the customer has informed Mataro Advice of the defect by registered letter within 8 days of delivery. In no case will Mataro Advice’s liability exceed the replacement of the defective product. No compensation whatsoever may be claimed from Mataro Advice for any reason whatsoever. Mataro Advice shall not be liable for any consequential loss or damage. Differences in dimensions, tones, colors and execution are expressly tolerated in view of the nature and composition of the products and their production in large quantities. In all cases, defective products will only be replaced if the defect occurs in more than 5% of the number of products purchased. Any goods processed by the customer or a third party will never be replaced. Mataro Advice cannot be held responsible and will only replace a textile damaged during any printing or embroidery work when the textile has been purchased and supplied by Mataro Advice. Consequently, any printing or embroidery work carried out on a textile supplied by the customer is done under the latter’s sole responsibility.

Article 6 – Terms of payment

Payment is to be made in cash on collection of the goods or against remittance on delivery, without deductions unless otherwise agreed by Mataro Advice. The goods remain the property of Mataro Advice nv until full payment has been received. A deferred payment agreement is in all cases subject to the signature of a bill of exchange by the customer.
In the event of non-payment of the invoice on the due date, interest of 12% p.a. will be charged automatically and without prior notice, plus a flat-rate penalty of 15%, with a minimum of e50. Any cheque refused to be cashed will give rise to a fixed indemnity of 50 e in favour of Mataro Advice for administrative costs, without prejudice to any legal costs that may arise from proceedings initiated by Mataro Advice with a view to obtaining payment. 11 The same applies to any non-payment of a bill of exchange. In this case, the fixed indemnity is set at e100.
Failure to pay an invoice on the due date cancels the term(s) granted for the payment of other goods, and renders payment of the latter immediately due.

In the event of dispute, the courts of Ghent shall have sole jurisdiction.