copyright © Enverz BVBA (barh, a brand of)
`
1 These general terms and conditions, hereinafter referred to as the “GTC”, must be
considered as a whole and accepted without any deviation, if they are received by the customer without objection. By signing the order confirmation, paying the deposit, or executing the works, the customer declares to have taken note of and to agree with these GTC. The GTC can be consulted prior to the order on the website of Enverz BV: www.barh.design.
2 barh and barh.design are furniture and interior project trademarks of the trading company Enverz BV, with registered office at 2630 AARTSELAAR, Gustaaf de Smetlaan 38, Belgium and registered with the Belgian KBO (central government body) under number BE 0554.843.067 hereinafter referred to as “Enverz” or the “Seller”.
3 These GTC shall apply to all legal relationships in which Enverz acts as Seller. The applicability of purchase or other conditions of the customer is expressly excluded.
4 Deviations from these GTC can only be made by written agreement of Enverz.
5 Sales are made exclusively in the name and on behalf of Enverz who performs them.
Each sale is only binding after written confirmation
6 The drawings and technical descriptions made available to the Buyer before or after the
conclusion of the contract shall remain the exclusive property of Enverz. They may not be used, copied, reproduced, passed on to or brought to the attention of third parties by the Buyer, without the consent of the Seller. All designs remain the exclusive property of the Seller.
7 The indications, dimensions, weights, materials, and other information contained in the catalogs, price lists, drafts, offers, order confirmations, etc. are approximate and are provided for indicative purposes only. Enverz reserves the right, for reasons beyond its control, to make changes to the final product or production process at any time and without prior notice, yet without altering the essential characteristics of the product.
8 If a specification governs the general contracting, it shall be binding on Enverz only upon written acceptance by Enverz, even if acting as a subcontractor.
9 All prices stated are exclusive of VAT, taxes, import duties or any cost of additional
services, unless otherwise indicated on the order confirmation or invoice. If the applicable VAT standards are changed by the authorities, the Buyer will be required to bear any additional costs.
10 An offer in any form remains valid for 30 days, unless stated otherwise on the offer. In the absence of acceptance by the customer within this 30-day period, the aforementioned offer expires.
11 An order is carried out on a Time and Materials (T&M) basis, the Buyer agrees to pay the Seller based upon the time spent by the Sellers employees to perform the work, and for materials used and expenses made in the production and delivery, unless otherwise agreed in writing. If explicitly stated, then the work will be performed at a fixed price agreed in advance.
12 Minus and plus works will be settled separately at a flat rate. Proof of this can and will be provided by all legal means.
13 Seller’s prices are standard ex-works, products to be collected from the studio 2800 MECHELEN, Schorsmolenstraat 55, Belgium, Europe, unless otherwise specified.
14 If the goods ordered are to be installed or delivered higher than the ground floor, the installation will be calculated and invoiced on a time and materials basis, including any additional costs that may be incurred, such as an external elevator. Unless otherwise stated.
15 The delivery includes what is stated on the signed order confirmation or the invoice.
Anything not mentioned is not included in the order and, if necessary, will be the subject
of an invoice at a specific additional price, subject to application of these GTC.
16 Any delivery times mentioned are purely indicative and may also be influenced by the company’s own deliveries. Enverz will do its best to deliver on time without giving any guarantee to that effect. Exceeding the delivery period cannot give rise to any compensation or to dissolution of the agreement unless the exceeding is due to a serious error by Enverz and that the exceeding makes the execution of the agreement absolutely impossible. In that case the possible compensation is subject to the conditions as stated in article 36. Delivery problems by third party suppliers constitute force majeure on the part of Enverz. Enverz is not responsible for delays incurred by and during transport. The
customer can contact the transport company directly.
17 The client commits to take all necessary steps to obtain the necessary permits and to
comply with existing locally applicable legislation before starting the works or deliveries.
The client must have the necessary building permits and operating licenses.
18 Every quotation of Enverz starts from normal working conditions and without work interruptions. The customer shall ensure that Enverz can work or deliver under normal conditions. If this is not the case and the work has to be interrupted by acts of the customer, its employee or a third party, Enverz is entitled to charge additional costs. This additional cost is never included in the offer.
19 Enverz is entitled to charge an additional fee of 10% if the customer wishes to postpone
the delivery for more than 30 days. In case of a postponement of more than 3 months by the customer, Enverz is entitled to dissolve the agreement and charge a lump sum equal to the amount of the advance payment. In the absence of an advance payment, a fixed fee of 40% of the offer will be charged.
20 Deliveries via staircases, passages, etc. are always made at the sole risk of the Buyer.
21 The production of furniture and interior components is largely done by hand. This results in a unique product that may differ slightly from the original or the drawings. Deviations
due to manual labor are not considered a complaint.
22 Materials such as leather, fabric, wood, lacquers, natural stone and even rugs are
important raw materials within the Enverz collection. There is a right choice for each use, it is up to the customer to inform himself as well as possible about the properties of the different materials. Natural stone, leather and wood are natural materials; therefore color, appearance and structure will differ per product. The customer’s own piece of furniture may therefore always differ slightly in color and design from the sample, the photo, the drawing, or the showroom model that the customer has seen. In the case of glass tables, the color of the glass top may also differ from that of samples and showroom models. Materials may react and deform due to changing temperature and humidity conditions; these can never be considered a fault from Enverz.
23 Enverz undertakes to deliver the goods in accordance with this agreement. It undertakes
to repair or replace all non-conforming quality or production defects according to all the conditions stated in this agreement. This warranty does not apply to (parts of) products that have been damaged by normal wear and tear, impact of biological or chemical products, improper handling, misuse, insufficient or improper maintenance or where these damages should be considered normal for the materials involved. This warranty provision, the following articles and conditions apply only to sales to consumers. The information on the signed order confirmation or the invoice is the only indication of the nature of the Buyer (consumer or company). Defects existing at the time the agreement was concluded shall be deemed to have been accepted by the Buyer if the Buyer was aware or should reasonably have been considered aware of the defect or if the defect is a result of materials supplied by the Buyer to Enverz.
24 Enverz is liable for any defect that exists at the time of delivery of the goods and that manifests itself within two years from delivery. If the defect manifests itself within 6 months from delivery, there arises the presumption, rebuttable by Enverz, that the defect existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or with the nature of the defect. If the defect manifests itself after 6 months from delivery, the Buyer must notify Enverz of the defect in writing within 2 months from its discovery. After 1 year from the observation of the defect, the legal claim of the Buyer lapses; without this period being allowed to expire before the end of the 2-year period.
25 In case of a defect, the following guarantee is given by Enverz: during the first two years after delivery, the Buyer is entitled to request from Enverz the repair or the replacement of the goods free of charge, except when this would be impossible or disproportionate. Enverz may refuse such repair or replacement when it would be disproportionate, considering the value of the goods, the seriousness of the defect, the complexity of transport or if an alternative form of compensation is possible without serious inconvenience to the Buyer.
26 If repair or replacement is not possible or if Enverz does not carry out the replacement or repair within a reasonable period or without serious inconvenience to the purchaser, the purchaser shall be entitled, for a period of two years after delivery, to demand from Enverz a reduction in price or the dissolution of the agreement. However, if it would be a limited defect, the Buyer cannot demand the dissolution. In the event of dissolution, the Buyer must compensate Enverz in an equitable manner for the enjoyment already obtained.
27 A professional Buyer can only appeal to the regime of serious hidden defects as described in art. 1641 -1649 of the Belgian Civil Code.
28 The contractual delivery takes place immediately after the physical delivery and/or
completion of the work in the presence of the client, the project manager and/or the
(interior) architect.
29 Enverz makes or assembles products to order and according to the specific wishes of
the customer, consequently goods are never exchanged, nor returned, except within the framework of the legal guarantee and the legal right of withdrawal. Enverz will not accept any returns without explicit prior agreement.
30 No defect originating in the existing constructions, the subsoil or stability problems or resulting from interventions or negligence by the customer or third parties is guaranteed by Enverz or can give rise to repair, compensation, or termination of the contract.
31 All damages caused by third parties shall be borne by the customer or shall be settled by direction.
32 The customer accepts that Enverz can never be held liable for any damage when correctly following the plans of the (interior) architect.
33 Enverz is always entitled to request an advance payment after placing an order. Except in
the case of application of article 39 of these GTC, in the event of subsequent cancellation of the order by the customer, this advance payment can in no way be claimed back. In the event of a cancellation by the Vendor outside of force majeure or well-founded reasons, the advance shall be refunded.
34 Unless otherwise agreed, an initial advance payment of 40% of the total amount shall be made upon signing the order confirmation with staggered payment, only thereafter shall the order be processed, and the delivery period begin to run. Upon delivery and/or commencement of the works, the remaining invoice of 60% of the total value is always payable in advance to Enverz and is immediately due unless otherwise agreed in writing. If there is any deviation from the terms of payment, they will be explicitly described in the order confirmation or the invoice.
35 If the customer fails to pay within the period stated on the invoice, the customer shall, ipso jure and without notice of default, owe the applicable interest rate provided for in the Belgian Act of 2 August 2002 on combating late payment in commercial transactions on the outstanding amount. If the customer fails to pay the invoice amount after a reminder, damages of 10% of the amount concerned shall also be payable without prejudice to Enverz’s right to recover all reasonable costs incurred to recover the debt including the costs of legal assistance in accordance with the Late Payments Act.
36 In the event of non-payment by the due date of the undisputed invoice or invoice not disputed in good faith by the customer, Enverz may suspend or terminate the contract with immediate effect and demand immediate payment of the balance subject to a 30- day notice period communicated by registered letter. Enverz shall not be liable for any compensation in such case. Non-payment of undisputed invoices or invoices not disputed in good faith shall be considered a unilateral termination of the agreement. Except in the event of different provisions and/or force majeure, the Buyer and the Seller shall owe each other compensation if one of the parties unilaterally terminates the agreement or if the agreement is terminated on the grounds of material breach of contract. The compensation due to the Seller shall be equal to the amount of the advance payment. If no advance payment has been charged, a fixed compensation amounting to 40% of the quotation shall be payable by the Buyer. In the event of an unlawful breach by the Seller, the compensation shall not exceed 10% of the actual market value of the ordered custom work or goods, unless it can be demonstrated that the damage is less. Enverz’s liability for indirect damage, consequential damage, loss of profit is excluded.
37 A partial delivery of an order cannot be a reason for refusal of payment for the goods delivered.
38 All goods delivered shall remain the exclusive property of Enverz until paid for in full. The paid advances remain acquired by Enverz to compensate for possible losses in case of resale. All risks are borne by the Buyer from contract conclusion, including transport risks.
39 For all goods purchased at a distance, the consumer has a cooling-off period of 14
calendar days from delivery of the product, unless it is a custom order. This right of withdrawal does not apply to business customers. During the cooling-off period, the consumer will treat the product and its packaging with care. Enverz reserves the right not to refund the depreciation in value resulting from the handling of the product that was further necessary to establish the nature, characteristics and functioning of the goods. The consumer may exercise his right of renunciation by using the model form for withdrawal or by means of another unequivocal statement, to be sent to the physical or electronic address mentioned at the bottom of this article. The goods must be returned at the expense of the Buyer within 14 calendar days after delivery. Payments (or advances) already received by Enverz will be refunded in full within 14 days of receipt of the goods. Physical Address: Enverz BV, Gustaaf de Smetlaan 38 2630 Aartselaar, Belgium or studio@barh.design
40 For all disputes originating in the agreement between Enverz and the customer, Belgian law shall apply and only the courts of the district of Antwerp, Antwerp section, shall be competent, in accordance with article 624,2° Ger.Wb, given that the sale takes place in Antwerp.
41 The possible nullity of one or more clauses of these GTC shall not affect the applicability of all other clauses. In the event of nullity of one of the clauses, the Seller and the Buyer will do their utmost to negotiate immediately and in good faith a valid replacement clause with an equal or similar economic effect.
Terms & Conditions
1 These general terms and conditions, hereinafter referred to as the “GTC”, must be
considered as a whole and accepted without any deviation, if they are received by the customer without objection. By signing the order confirmation, paying the deposit, or executing the works, the customer declares to have taken note of and to agree with these GTC. The GTC can be consulted prior to the order on the website of Enverz BV: www.barh.design.
2 barh and barh.design are furniture and interior project trademarks of the trading company Enverz BV, with registered office at 2630 AARTSELAAR, Gustaaf de Smetlaan 38, Belgium and registered with the Belgian KBO (central government body) under number BE 0554.843.067 hereinafter referred to as “Enverz” or the “Seller”.
3 These GTC shall apply to all legal relationships in which Enverz acts as Seller. The applicability of purchase or other conditions of the customer is expressly excluded.
4 Deviations from these GTC can only be made by written agreement of Enverz.
5 Sales are made exclusively in the name and on behalf of Enverz who performs them.
Each sale is only binding after written confirmation
6 The drawings and technical descriptions made available to the Buyer before or after the
conclusion of the contract shall remain the exclusive property of Enverz. They may not be used, copied, reproduced, passed on to or brought to the attention of third parties by the Buyer, without the consent of the Seller. All designs remain the exclusive property of the Seller.
7 The indications, dimensions, weights, materials, and other information contained in the catalogs, price lists, drafts, offers, order confirmations, etc. are approximate and are provided for indicative purposes only. Enverz reserves the right, for reasons beyond its control, to make changes to the final product or production process at any time and without prior notice, yet without altering the essential characteristics of the product.
8 If a specification governs the general contracting, it shall be binding on Enverz only upon written acceptance by Enverz, even if acting as a subcontractor.
9 All prices stated are exclusive of VAT, taxes, import duties or any cost of additional
services, unless otherwise indicated on the order confirmation or invoice. If the applicable VAT standards are changed by the authorities, the Buyer will be required to bear any additional costs.
10 An offer in any form remains valid for 30 days, unless stated otherwise on the offer. In the absence of acceptance by the customer within this 30-day period, the aforementioned offer expires.
11 An order is carried out on a Time and Materials (T&M) basis, the Buyer agrees to pay the Seller based upon the time spent by the Sellers employees to perform the work, and for materials used and expenses made in the production and delivery, unless otherwise agreed in writing. If explicitly stated, then the work will be performed at a fixed price agreed in advance.
12 Minus and plus works will be settled separately at a flat rate. Proof of this can and will be provided by all legal means.
13 Seller’s prices are standard ex-works, products to be collected from the studio 2800 MECHELEN, Schorsmolenstraat 55, Belgium, Europe, unless otherwise specified.
14 If the goods ordered are to be installed or delivered higher than the ground floor, the installation will be calculated and invoiced on a time and materials basis, including any additional costs that may be incurred, such as an external elevator. Unless otherwise stated.
15 The delivery includes what is stated on the signed order confirmation or the invoice.
Anything not mentioned is not included in the order and, if necessary, will be the subject
of an invoice at a specific additional price, subject to application of these GTC.
16 Any delivery times mentioned are purely indicative and may also be influenced by the company’s own deliveries. Enverz will do its best to deliver on time without giving any guarantee to that effect. Exceeding the delivery period cannot give rise to any compensation or to dissolution of the agreement unless the exceeding is due to a serious error by Enverz and that the exceeding makes the execution of the agreement absolutely impossible. In that case the possible compensation is subject to the conditions as stated in article 36. Delivery problems by third party suppliers constitute force majeure on the part of Enverz. Enverz is not responsible for delays incurred by and during transport. The
customer can contact the transport company directly.
17 The client commits to take all necessary steps to obtain the necessary permits and to
comply with existing locally applicable legislation before starting the works or deliveries.
The client must have the necessary building permits and operating licenses.
18 Every quotation of Enverz starts from normal working conditions and without work interruptions. The customer shall ensure that Enverz can work or deliver under normal conditions. If this is not the case and the work has to be interrupted by acts of the customer, its employee or a third party, Enverz is entitled to charge additional costs. This additional cost is never included in the offer.
19 Enverz is entitled to charge an additional fee of 10% if the customer wishes to postpone
the delivery for more than 30 days. In case of a postponement of more than 3 months by the customer, Enverz is entitled to dissolve the agreement and charge a lump sum equal to the amount of the advance payment. In the absence of an advance payment, a fixed fee of 40% of the offer will be charged.
20 Deliveries via staircases, passages, etc. are always made at the sole risk of the Buyer.
21 The production of furniture and interior components is largely done by hand. This results in a unique product that may differ slightly from the original or the drawings. Deviations
due to manual labor are not considered a complaint.
22 Materials such as leather, fabric, wood, lacquers, natural stone and even rugs are
important raw materials within the Enverz collection. There is a right choice for each use, it is up to the customer to inform himself as well as possible about the properties of the different materials. Natural stone, leather and wood are natural materials; therefore color, appearance and structure will differ per product. The customer’s own piece of furniture may therefore always differ slightly in color and design from the sample, the photo, the drawing, or the showroom model that the customer has seen. In the case of glass tables, the color of the glass top may also differ from that of samples and showroom models. Materials may react and deform due to changing temperature and humidity conditions; these can never be considered a fault from Enverz.
23 Enverz undertakes to deliver the goods in accordance with this agreement. It undertakes
to repair or replace all non-conforming quality or production defects according to all the conditions stated in this agreement. This warranty does not apply to (parts of) products that have been damaged by normal wear and tear, impact of biological or chemical products, improper handling, misuse, insufficient or improper maintenance or where these damages should be considered normal for the materials involved. This warranty provision, the following articles and conditions apply only to sales to consumers. The information on the signed order confirmation or the invoice is the only indication of the nature of the Buyer (consumer or company). Defects existing at the time the agreement was concluded shall be deemed to have been accepted by the Buyer if the Buyer was aware or should reasonably have been considered aware of the defect or if the defect is a result of materials supplied by the Buyer to Enverz.
24 Enverz is liable for any defect that exists at the time of delivery of the goods and that manifests itself within two years from delivery. If the defect manifests itself within 6 months from delivery, there arises the presumption, rebuttable by Enverz, that the defect existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or with the nature of the defect. If the defect manifests itself after 6 months from delivery, the Buyer must notify Enverz of the defect in writing within 2 months from its discovery. After 1 year from the observation of the defect, the legal claim of the Buyer lapses; without this period being allowed to expire before the end of the 2-year period.
25 In case of a defect, the following guarantee is given by Enverz: during the first two years after delivery, the Buyer is entitled to request from Enverz the repair or the replacement of the goods free of charge, except when this would be impossible or disproportionate. Enverz may refuse such repair or replacement when it would be disproportionate, considering the value of the goods, the seriousness of the defect, the complexity of transport or if an alternative form of compensation is possible without serious inconvenience to the Buyer.
26 If repair or replacement is not possible or if Enverz does not carry out the replacement or repair within a reasonable period or without serious inconvenience to the purchaser, the purchaser shall be entitled, for a period of two years after delivery, to demand from Enverz a reduction in price or the dissolution of the agreement. However, if it would be a limited defect, the Buyer cannot demand the dissolution. In the event of dissolution, the Buyer must compensate Enverz in an equitable manner for the enjoyment already obtained.
27 A professional Buyer can only appeal to the regime of serious hidden defects as described in art. 1641 -1649 of the Belgian Civil Code.
28 The contractual delivery takes place immediately after the physical delivery and/or
completion of the work in the presence of the client, the project manager and/or the
(interior) architect.
29 Enverz makes or assembles products to order and according to the specific wishes of
the customer, consequently goods are never exchanged, nor returned, except within the framework of the legal guarantee and the legal right of withdrawal. Enverz will not accept any returns without explicit prior agreement.
30 No defect originating in the existing constructions, the subsoil or stability problems or resulting from interventions or negligence by the customer or third parties is guaranteed by Enverz or can give rise to repair, compensation, or termination of the contract.
31 All damages caused by third parties shall be borne by the customer or shall be settled by direction.
32 The customer accepts that Enverz can never be held liable for any damage when correctly following the plans of the (interior) architect.
33 Enverz is always entitled to request an advance payment after placing an order. Except in
the case of application of article 39 of these GTC, in the event of subsequent cancellation of the order by the customer, this advance payment can in no way be claimed back. In the event of a cancellation by the Vendor outside of force majeure or well-founded reasons, the advance shall be refunded.
34 Unless otherwise agreed, an initial advance payment of 40% of the total amount shall be made upon signing the order confirmation with staggered payment, only thereafter shall the order be processed, and the delivery period begin to run. Upon delivery and/or commencement of the works, the remaining invoice of 60% of the total value is always payable in advance to Enverz and is immediately due unless otherwise agreed in writing. If there is any deviation from the terms of payment, they will be explicitly described in the order confirmation or the invoice.
35 If the customer fails to pay within the period stated on the invoice, the customer shall, ipso jure and without notice of default, owe the applicable interest rate provided for in the Belgian Act of 2 August 2002 on combating late payment in commercial transactions on the outstanding amount. If the customer fails to pay the invoice amount after a reminder, damages of 10% of the amount concerned shall also be payable without prejudice to Enverz’s right to recover all reasonable costs incurred to recover the debt including the costs of legal assistance in accordance with the Late Payments Act.
36 In the event of non-payment by the due date of the undisputed invoice or invoice not disputed in good faith by the customer, Enverz may suspend or terminate the contract with immediate effect and demand immediate payment of the balance subject to a 30- day notice period communicated by registered letter. Enverz shall not be liable for any compensation in such case. Non-payment of undisputed invoices or invoices not disputed in good faith shall be considered a unilateral termination of the agreement. Except in the event of different provisions and/or force majeure, the Buyer and the Seller shall owe each other compensation if one of the parties unilaterally terminates the agreement or if the agreement is terminated on the grounds of material breach of contract. The compensation due to the Seller shall be equal to the amount of the advance payment. If no advance payment has been charged, a fixed compensation amounting to 40% of the quotation shall be payable by the Buyer. In the event of an unlawful breach by the Seller, the compensation shall not exceed 10% of the actual market value of the ordered custom work or goods, unless it can be demonstrated that the damage is less. Enverz’s liability for indirect damage, consequential damage, loss of profit is excluded.
37 A partial delivery of an order cannot be a reason for refusal of payment for the goods delivered.
38 All goods delivered shall remain the exclusive property of Enverz until paid for in full. The paid advances remain acquired by Enverz to compensate for possible losses in case of resale. All risks are borne by the Buyer from contract conclusion, including transport risks.
39 For all goods purchased at a distance, the consumer has a cooling-off period of 14
calendar days from delivery of the product, unless it is a custom order. This right of withdrawal does not apply to business customers. During the cooling-off period, the consumer will treat the product and its packaging with care. Enverz reserves the right not to refund the depreciation in value resulting from the handling of the product that was further necessary to establish the nature, characteristics and functioning of the goods. The consumer may exercise his right of renunciation by using the model form for withdrawal or by means of another unequivocal statement, to be sent to the physical or electronic address mentioned at the bottom of this article. The goods must be returned at the expense of the Buyer within 14 calendar days after delivery. Payments (or advances) already received by Enverz will be refunded in full within 14 days of receipt of the goods. Physical Address: Enverz BV, Gustaaf de Smetlaan 38 2630 Aartselaar, Belgium or studio@barh.design
40 For all disputes originating in the agreement between Enverz and the customer, Belgian law shall apply and only the courts of the district of Antwerp, Antwerp section, shall be competent, in accordance with article 624,2° Ger.Wb, given that the sale takes place in Antwerp.
41 The possible nullity of one or more clauses of these GTC shall not affect the applicability of all other clauses. In the event of nullity of one of the clauses, the Seller and the Buyer will do their utmost to negotiate immediately and in good faith a valid replacement clause with an equal or similar economic effect.