Conditions générales d'utilisation

1. Delivery Period:
a. Delivery times commence after the signing of the Manufacturing Order by the client and payment of the deposit. The times depend on the manufacturing and delivery from the factory(ies), generally between 8 and 12 weeks.
b. Failure by the seller to comply with the delivery times can only lead to the termination of the contract and/or damages if the seller does not deliver after receiving a formal notice sent by registered letter.
c. BVBA Cubex has the right to deliver the furniture and appliances as soon as they are in its possession at the site or any other place agreed with the client, who will assume custody at their own risk. The client agrees to return them, if necessary, to the site on the start date of the works at their own expense. Any delay in this case allows BVBA Cubex to postpone its works without compensation.
d. If the works cannot be started or the delivery cannot take place at the agreed time for a reason attributable to the buyer, the buyer will be required to pay a second deposit of 45% of the total order amount as a performance guarantee, in addition to the first deposit of 50%. If the buyer does not set an alternative delivery date, BVBA Cubex will not be responsible for storage costs and any damage to the goods. The costs in case of impossibility to install the kitchen at the scheduled time due to the fault of the client or their subcontractors, such as delays in the works or poorly executed works, are the responsibility of the client. The deposit will be forfeited after a period of 3 years without news from the client.
e. BVBA Cubex is responsible for the goods delivered and installed by its own personnel. Any additional work and supplies, i.e., those not mentioned in the accepted quote, will be invoiced separately from the order billing.
f. In case of contract termination by the buyer, a lump-sum indemnity of 50% of the price will be due by the buyer, except in cases of force majeure.
g. No compensation is due in cases of force majeure. The party invoking a case of force majeure is required to notify the other party by registered letter within 15 days and must provide proof of the facts it invokes.

2. Retention of Title Clause:
a. The buyer acknowledges that the entire installation (furniture, machines, material, and various accessories) remains the property of the company until the day of full payment of the agreed price, possibly increased by the price of supplements. Consequently, the buyer is prohibited from disposing of this installation in any way until the transfer of ownership. In case of contract termination before the transfer of ownership, the indemnity will be equal to the total invoice amount minus the received deposits, increased by the dismantling costs.
b. In case of non-payment on the due date, the invoice will bear interest equal to the rate proposed by the NBB and will automatically be increased by a compensation equal to 15% of the unpaid amount. The buyer is responsible for damage or loss of the goods before full payment unless they can prove that the responsibility does not lie with them. It is recommended that the buyer takes out insurance covering these risks. The buyer will be informed of this rate upon request at the time of billing.

3. Payments:
The buyer is required to pay an amount equal to 50% of the total order amount in cash on the day of the order. The balance is paid according to the indications in the specific conditions of the contract. In the absence of specific conditions, the balance must be paid on the day of receipt and before installation, except as provided in article 1d. The specific conditions may provide that certain amounts will be financed. In this case, the parties will comply with the legislation in force at the time of signing the contract regarding financing. In case of non-payment of the balance on the due date, a late payment penalty at the legal rate in force will be applied.
‍
4. Warranties:
a. BVBA Cubex guarantees the works and goods it provides for a period of 2 years starting from the date of final acceptance or any equivalent document. Unless otherwise agreed, the supplies and works are considered accepted when the works are completed or when all goods are delivered.
b. Regarding furniture and equipment, the warranty extends only to installation and, for the rest, is identical to that of the manufacturer. The warranty does not cover damage to the installation if BVBA Cubex only provides the goods without installation. Furthermore, BVBA Cubex cannot be held responsible for damage or premature wear of the kitchen resulting from an overly anticipated installation, that is, when the works are still ongoing.
c. The warranty for apparent defects is covered by the acceptance. The warranty for hidden defects must be invoked within a short period. A claim is considered late if it is not made within fifteen days following the acceptance, in the case of apparent defects, or from the discovery of the defect in the case of a hidden defect, with a maximum period of 6 months after acceptance for hidden defects, in accordance with the law. If hidden defects are discovered after this period but before the end of the 2-year warranty period, the buyer must prove that the defect existed at the time of acceptance to obtain repair.
d. The following cannot be considered:
i. Normal or abnormal wear and tear due to poor maintenance.
ii. Swelling of worktops, furniture, or bases due to water infiltration, shocks, abuse.
iii. Swelling or warping of doors due to excessive humidity, etc.
iv. Color changes due to prolonged exposure to light (sun or moon).
v. Oxidation of metal parts.
vi. Certain specific alterations, as wood is a natural product.
vii. Scratches or damage caused by use on laminate or stainless steel worktops.
viii. Wood is a natural material, we cannot guarantee absolute uniformity of shades and grains, nor an exact match in case of reorder.
e. The warranty for household appliances is 2 years (by the manufacturer itself). Extended warranties may be available according to the specific terms of each manufacturer.
‍
5. Miscellaneous:
The courts of Brussels shall have exclusive jurisdiction over any dispute relating to the validity, interpretation, and execution of this agreement. The prices are guaranteed for a period of 18 months from the signing of the contract (except in the event of a change in VAT rate or any other unexpected event). However, this price guarantee does not allow the client to refuse delivery when the agreed term has expired. In the event of an unexpected price change after 18 months, the parties must renegotiate the agreed price.

Date of last update: May 2024