Terms and Conditions

The following terms and conditions of sale apply to all purchases made in the Paintfactory Stores (Paintfactory Gent BV, Paintfactory Antwerpen BV, Paintfactory Hasselt BV, Paintfactory Kortrijk NV & BEVEPE BV, as well as the websites www.paintfactory.be & www.tintology.eu), hereinafter referred to as the Paintfactory group.

Prices

Prices for paint are per item. If the paint needs to be tinted, an additional cost will be charged depending on the base used. Quotations and price offers are based on the current values of wages and materials. Should these change, we reserve the right to adjust prices proportionally.

 

Delivery Conditions

All deliveries are ex-works. Shipping can be arranged by mutual agreement.

Goods are transported at the buyer's expense and risk. Complaints regarding delivered goods or services rendered cannot be accepted unless they are submitted to us in writing within seven days of the invoice date. Hidden defects must be reported within one week of their discovery. Transport damage will only be accepted if the damage is noted on the CMR or if it is reported immediately to the courier.

 

Payment Conditions

All invoices are payable in cash. We do not allow discounts for cash payments. In case of non-payment of the invoice by the due date, interest will be claimed by operation of law and without prior notice of default. This default interest will be calculated at 4% per month, starting from the invoice date.

For the purpose of interest calculation, each commenced month counts as a full month. In case of late payment, we reserve the right to suspend all orders at any time until full payment of all due and undue invoices has been made. For each payment reminder that needs to be sent due to the invoice due date being exceeded, a fixed amount of €15.00 + VAT will be charged to compensate for incurred costs. If we do not exercise these rights, this should not be considered a waiver of them, but rather an exceptional circumstance. Furthermore, without prior notice of default, the outstanding invoice amount will be increased by 20%, with a minimum of 250 EUR and a maximum of 1500 EUR as a penalty clause for extrajudicial collection costs and contractual damages, without prejudice to other relevant collection costs.

The delivered goods remain our property until the full price (principal, costs and interest) has been paid. The buyer bears the risks from the moment of delivery. The buyer must keep the goods in good condition. In case of non-payment of the invoice on the 10th day after the registered letter of demand, the agreement can be dissolved by us by operation of law and by a simple registered letter. This is without prejudice to the payment of damages by the defaulting buyer.

 

General Terms and Conditions of Sale

Tinted cans of paint cannot be returned. Unopened, untinted paint can be returned within a period of 2 months.

Unless otherwise agreed in writing, the seller is in no way liable for the texts on (the product communication, technical data sheets, packaging of,...) private label products of the buyer. The buyer indemnifies the Paintfactory group against third-party claims in this regard.

All our agreements are governed by Belgian law. If the customer is a natural or legal person who acquires or uses the products or services exclusively for non-professional purposes, all disputes arising from this agreement will be settled before the court of the consumer's place of residence. In other cases, they can only be settled by the courts of RPR Gent, Bruges division.

In the event of cancellation of the order by the buyer after the execution of the order has commenced, the buyer will owe the full price of the order.

A colour deviation from the chosen colour is always possible. The buyer is responsible for checking and/or testing the colour and gloss level before the goods are processed. Our company cannot be held liable for deviations in colour or gloss level after the goods have been processed.

If our trust in the customer's creditworthiness is shaken by acts of judicial execution against the customer and/or other demonstrable events that question and/or make impossible the good performance of the obligations entered into by the customer, we reserve the right to demand suitable guarantees from the customer. If the customer refuses to comply with this, we reserve the right to cancel the entire order or part thereof, even if the goods have already been wholly or partially shipped.

Our liability is limited as follows:


  • For visible defects, liability is excluded.


    For hidden defects, liability is limited in time to a maximum period of two months, starting from the invoice date. In value, liability is limited to a maximum of the replacement of the delivered work (or the delivered good), without us ever being able to be held liable for any other or higher compensation.


Cases of force majeure in general and all circumstances that hinder, reduce, or cause an excessive burden on the performance of the order by the Paintfactory group, relieve the Paintfactory group of any liability and enable it, depending on the case, either to shorten its obligation, or to dissolve the agreement or suspend its execution, without being obliged to pay any compensation. When assessing force majeure, the customer must take into account the structure of the Paintfactory group. This includes, among other things: physical impossibility, strike, lockout, unrest, machine breakdown, fire, interruption of means of transport, supply difficulties, material, energy,... The Paintfactory group reserves the right to consider the contract dissolved by operation of law, without prior notice of default, in the event of bankruptcy, obvious insolvency or any change in the legal status of the customer.