Terms and conditions
Article 1 – Definitions
In these General Terms and Conditions, the following definitions apply:
Company: LeaseBroker bv
Customer: any natural person or legal entity who is not a consumer within the meaning of Article I.1,1° of the Code of Economic Law, where consumer is understood as "any natural person acting for purposes which are outside his trade, business, craft or professional activity."
Products/Services: all tangible movable property that the Customer can purchase from the Company, in particular file costs, commissions, costs for handling purchases and sales, brokerage fee, costs for late payments, cancellation fees, ...
Order Form: the written confirmation of the order placed by the Customer with the Company
Act of August 2002: the act of 2 August 2002 on combating late payment in commercial transactions (B.S. 07.08.2002).
Article 2 – Applicability
These General Terms and Conditions apply to every offer, quotation, order, and purchase-sale of Products between the Company and the Customer.
The Company makes these General Terms and Conditions available on its website www.lease-broker.com and also refers to the general terms and conditions on the site on the invoice.
The Customer acknowledges and accepts these General Terms and Conditions. These General Terms and Conditions always take precedence over the general terms and conditions of the Customer, unless expressly agreed otherwise in writing between the Company and the Customer.
The Company reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the aforementioned website. Every order placed by the Customer after the publication of this new version by the Company implies acceptance by the Customer of the latest published version.
If the Company has allowed deviations from these General Terms and Conditions for a short or longer period, whether implicitly or not, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions.
Article 3 – Offer and prices
If a quotation or any other offer from the Company has a limited period of validity or is subject to conditions, this will be explicitly stated.
The quotation or any other offer from the Company contains such information that it is clear to the Customer what the rights and obligations are that are attached to its acceptance.
Unless explicitly deviated from, the prices for the Products communicated and/or published by the Company are always in euros (€) and exclusive of VAT. Any increase in the VAT rate in the period between the order and the delivery shall be borne by the Customer. Orders are invoiced at the prices and conditions in force at the time of acceptance of the order.
The Company is not bound by price indications that are obviously incorrect, for example in the event of printing or spelling errors. The Customer cannot derive any rights from unlawful price information.
The Company has the right to increase the price of the Products. The Customer will be notified of this via the Order Form and on the invoice.
The Customer cannot claim a discount for cash payment.
Article 4 – Order
The Company draws up an Order Form with a unique order number in duplicate for each order, one copy of which is intended for the Customer and the other for the Company.
If the Customer places an order remotely and the order is delivered to their business premises during their absence (see Article 5 – Delivery), the Customer expressly agrees that the Company may leave the Order Form for the Customer at their business premises as proof of the order placed remotely. It will then be noted on the Order Form that the Customer was absent upon delivery.
The Customer must always quote the unique order number in all communication with the Company regarding the order.
The Customer is considered solely responsible for the order and the payment. If the order was placed by a third party, this is deemed to have been done in the name and on behalf of the Customer.
Article 5 – Delivery
The Company shall exercise the greatest possible care when receiving and executing orders.
Delivery to the Customer takes place at the moment the Products are physically made available to the Customer at the address specified by them or at any other place previously agreed upon by the Company and the Customer. At that moment, the risk of loss or damage to the Products also transfers to the Customer.
Delivery takes place after the order has been placed by the Customer. The Company nevertheless makes every reservation and does not commit to a specific delivery date to the Customer.
Unless agreed otherwise in writing, the Customer does not have the option to collect the Products themselves from the registered office of the Company or any other branch address.
Article 6 – Invoice and payment
The payment by the Customer to the Company for the purchase of one or more Products or services is made as follows:
a. At the moment the Company has the Products available for delivery to the Customer, the Company will charge the remaining balance of 100% of the total invoice amount due. This balance is immediately due and payable by the Customer at that moment, failing which the Company is entitled to terminate the purchase agreement due to a gross default on the part of the Customer, without prejudice to the right to compensation in favor of the Company. This compensation shall amount to at least the deposit already paid, mentioned in point a. above, which in other words remains definitively acquired by the Company.
Each invoice from the Company to the Customer shall state at least the invoice number, the purchase price of the Products, and the applicable VAT rate.
Unless the invoice states otherwise, it is due and payable within 15 calendar days after the invoice date to the Company's bank account with IBAN no. BE 87 0018 9363 3794.
In the event of late payment by the Customer, default interest is due in accordance with Article 5, paragraph 1 of the Act of August 2, 2002. This default interest shall start to run by operation of law from the day following the due date of the invoice in question, and therefore without the need for prior notice of default. The default interest amounts to 15% per year and is calculated up to the day of full payment of the principal amount.
In the event of late payment by the Customer, the Company is also entitled to reimbursement of the collection costs in accordance with Article 6 of the Act of August 2, 2002. The extrajudicial collection costs amount to 15% of the principal amount of the outstanding invoice. The judicial collection costs are equal to the costs actually borne by the Company.
In the event of late payment by the Customer, the amount due will furthermore, by operation of law and therefore without the need for prior notice of default, be increased by a flat-rate compensation of 10% of the principal amount, with a minimum of €50.00.
A payment is always credited to the oldest outstanding invoice.
If, at the request of the Customer, the invoice is addressed to a third party, the Customer remains bound to pay the invoice amount if the third party, for any reason whatsoever, does not proceed to timely and full payment of the respective invoice.
In the event of non-payment of the invoice, the services of Unpaid.be will be engaged.
The expiration of one of the invoices automatically leads to the expiration of all other invoices.
Article 7 – Conformity of the Products
The Company undertakes to deliver the ordered Products/Services free of defects.
If the Products/Services for any reason do not conform to the Customer's order, or show defects, the Customer must protest the delivery in writing within seven working days at the latest, under penalty of forfeiture, failing which the Customer shall be deemed to have accepted the delivery unconditionally and definitively. The burden of proof for the aforementioned written and timely protest lies exclusively with the Customer.
There is no lack of conformity and/or any other defect within the meaning of this article if (i) the defect is the result of accidents, negligence or incorrect use by the Customer, or (ii) the Customer was aware of this defect prior to delivery or should reasonably have been aware of it, and nevertheless agreed to it.
The Company is not obliged to indemnify the Customer for hidden defects of which it was unaware. However, the Company is deemed to be aware of any defects affecting the Products, unless it proves that it had no knowledge of them and could not reasonably have had knowledge of them.
Article 8 – Liability
The Company cannot be held liable for damage to persons, goods (including the Products), animals, services, etc., that directly or indirectly results from the Products, except in the event of fraud or willful misconduct.
Article 9 – Applicable law and competent court
The contractual relationship between the Company and the Customer is exclusively governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the Dutch-speaking Courts of the judicial district of Ghent.
