General terms and conditions
Article 1. GENERAL
1.1 These General Terms and Conditions (hereinafter referred to as “General Terms and Conditions”) apply to all legal relationships
between Orecah BV, having its registered office at Geraardsbergsesteenweg 46, 1540 Herne, registered with the Crossroads Bank for Enterprises
under the number BE 0727.711.816 (hereafter referred to as “Bv Floxy”) and professionals and private individuals with residence or registered
office in and outside Belgium (hereinafter referred to as “Customer”), which relate to the purchase of products of Bv Floxy.
1.2 Bv Floxy reserves the right to amend the General Terms and Conditions at any time on its own initiative.
1.3 The General Terms and Conditions can always be consulted on the website (www.floxy.eu) or at first request.
1.4 If a provision of the General Terms and Conditions is deemed to be wholly or partially invalid, void or
unenforceable, this shall not affect the other clauses and provisions of the General Terms and Conditions.
1.5 Failure by Bv Floxy to invoke a provision of the General Terms and Conditions cannot be interpreted as a
renunciation towards the future.
1.6 Upon the conclusion of an agreement between Bv Floxy and the Customer, the Customer explicitly declares to renounce his
general terms and conditions and accepts the exclusive application of the General Terms and Conditions of Bv Floxy to the legal relationship between the parties.
between the parties.
1.7 In accordance with article VI.53 of the Belgian Economic Law Code, the Customer is not entitled to revoke the delivery of sealed
goods which are not suitable for return for reasons of health protection or hygiene and of which
seal has been broken after delivery.
Article 2. INFORMATION – ORDER – CONCLUSION OF CONTRACT
2.1 Offers, price indications and general information do not bind Bv Floxy in any way whatsoever.
2.2 The agreement between Bv Floxy and the Customer is concluded at the moment the order is placed on the website.
2.3 Prices may be subject to change at any time due to circumstances beyond the control
of Bv Floxy. These circumstances include, among others, increases in delivery costs, charges and taxes (non-
2.4 All taxes, duties, costs and other charges resulting from the agreement concluded between the parties are always at the expense
of the Customer.
2.5 Bv Floxy undertakes to process orders while stocks last.
2.6 Placing an order on the website of Bv Floxy results in the acceptance of the General Terms and Conditions
of Bv Floxy.
2.7 When placing an order, an order confirmation will be sent to the Customer, including the terms and conditions of the
Article 3. INVOICING – PAYMENT
3.1 Invoices arising from the order must be paid within 7 days of the invoice date.
3.2 Bv Floxy shall at all times be entitled to deviate from article 3.2 and to impose different invoicing and
3.3 In the event of non-payment on the due date, the invoices referred to in article 3.2 shall automatically give rise to the payment by the
Customer of a conventional default interest of 12.00% per annum, as well as to the payment of a
fixed compensation of 15.00% of the invoice amount, with a minimum of 150.00 EUR.
3.4 Any protest against the invoice of Bv Floxy must be addressed by registered letter
to the registered office of Bv Floxy or sent by e-mail to the following address
:firstname.lastname@example.org, on penalty of forfeiture within eight days of the invoice date. The protest must always be duly substantiated.
On expiry of the aforementioned period, the invoicing shall be deemed to be in accordance with the Customer’s expectations in this respect.
Article 4. DELIVERY
4.1 Specified delivery periods are always indicative and do not bind Bv Floxy in any way whatsoever to the Customer. Bv Floxy shall under no
circumstances be liable for the expiry of the stated delivery period. Delays in delivery do not entitle the Customer to
compensation or to rescind the agreement.
Article 5. FORCE MAJEURE
5.1 Bv Floxy shall not be held liable for failure to fulfil its obligations if such failure is due
to abnormal and unforeseeable circumstances beyond its control, the
consequences of which could not have been avoided even if all possible precautions had been taken.
5.2 In the event of force majeure, the contractual obligations of Bv Floxy shall be suspended. If the period of force majeure exceeds a duration
of 90 days and Bv Floxy is thereby prevented from performing its contractual obligations,
Bv Floxy shall be entitled to terminate the contract between the parties with immediate effect and free of charge, without any obligation
to pay damages or any other form of compensation. In the event of full or partial payment, the remaining balance shall be refunded by
Bv Floxy within 30 days of the date of termination.
Article 6. LIABILITY – DEFINITIONS
6.1 Complaints, defects and problems regarding the product delivered by Bv Floxy must be sent by registered letter to the registered office of Bv Floxy or by e-mail to the following address email@example.com within 7 days following the date of delivery.
e-mail to the following address firstname.lastname@example.org within 7 days following the date of delivery.
The complaint must always be duly substantiated. On expiry of the aforementioned period, the delivery / collection shall be deemed to have been accepted by the Customer and shall be deemed to be in conformity with what
Bv Floxy has undertaken to do and with the Customer’s
expectations in this respect.
6.2 Bv Floxy shall not be responsible for incorrect use of the product by the Customer.
6.3 Bv Floxy does not provide the Customer with any guarantee on the delivered products and materials, with the exception of the manufacturer’s guarantee.
The aforementioned manufacturer’s warranty does not grant the Customer any right or title to hold Bv Floxy liable or to claim damages
or compensation from Bv Floxy on account of the delivery of a faulty or defective product from a third party.
6.4 In case of acceptance of the defect or complaint by Bv Floxy, the product will be replaced by
a similar article.
Article 7. PRIVACY
regarding the processing of personal data of the Customer.
7.2 Bv Floxy draws the Customer’s attention to the application of the Act of 8 December 1992 on the protection of privacy, Book XII
of the Belgian Economic Law Code, and EU Regulation No 2016/679 of 27 th April 2016 on the protection of
Article 8. INTELLECTUAL PROPERTY
8.1 The products, brand name and website of Bv Floxy belong to the exclusive (intellectual) property of Bv Floxy.
8.2 It is strictly forbidden to use the intellectual property of Bv Floxy without the consent of Bv Floxy.
Article 9. APPLICABLE LAW AND COMPETENT COURTS
Belgian law applies exclusively to these General Terms and Conditions and to the legal relationship between Bv Floxy and the
Customers. In the event of a dispute, the Courts and Tribunals of the judicial district of Brussels shall have exclusive jurisdiction.