General terms and conditions

These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Sud Fresh with registered office at Avenue d'Ecolys, 31 5020 Rhisnes (Namur-Namen) and registered in the CBE under number BE0830634061. (Hereinafter: “Sud Fresh”).

Article 1 – Scope of application

These General Terms and Conditions apply to every offer, quotation and agreement concluded with regard to products and/or services offered by us.

These General Terms and Conditions apply to the exclusion of the Customer's general terms and conditions.

Article 2 – Quotations

Our quotes are purely indicative and without obligation and expire if they are not accepted by the Customer within 30 calendar days. Quotes only become legally valid as an agreement when the quote is signed by the Customer and by us. We also reserve the right to refuse certain orders without giving reasons.

Article 3 – Price and payment

The price for our goods/services is that stated on the quotation.

All our invoices are payable within 14 days of receipt, unless the quote specifies a different due date. If we ask for an advance payment, we will only commence our activities after receipt of the advance payment.

For any delay in payment, the Customer shall owe, by operation of law and without prior notice of default, a default interest of 1% per commenced month from the due date of the invoice, whereby each commenced month shall be considered a full month, without prejudice to any compensation and costs. A fixed compensation of 10% of the invoice amount with a minimum of 250 euros as damages shall also be owed by operation of law and without prior notice of default, without prior notice of default and in addition to the principal sum, the default interest, collection, reminder, prosecution costs and expenses resulting from loss of time and legal or legal costs. This penalty clause shall not affect the obligation to pay the agreed default interest.

Disputes must be notified to us by registered letter within five working days of the invoice being sent, otherwise they will be deemed inadmissible.

Article 4 - Duration of the agreement and termination

Our agreements can be entered into as described in our quotations. The agreement can be terminated unilaterally and without judicial intervention by us at any time if the Customer is in a state of bankruptcy or judicial composition or if the customer does not pay his invoices.

Article 5 – Intellectual property rights

Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong either to us or to our suppliers or other rights holders.

Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, the customer may not copy or reproduce our drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission.

Article 6 – Confidentiality and Privacy

We are responsible for the processing of your personal data and process it in accordance with the General Data Protection Regulation;

For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.

Article 7 – Liability

We are not liable except in the case of intent or gross negligence. Furthermore, we are not liable for any direct or indirect damage (such as consequential damage, lost profit, missed savings or damage due to business stagnation) for which we have not expressly determined our liability in these conditions. Our liability will in all cases be limited to the amount of the agreed price for that order (excl. VAT).

We make every effort to provide access to the website 24 hours a day, 7 days a week. However, given the technical characteristics of the Internet and IT resources and the need to carry out periodic maintenance, update or upgrade work, we cannot guarantee uninterrupted access and service. In the event of a normally acceptable interruption or disruption of access or service, we will make every effort to remedy this within the shortest possible time. Such normally acceptable interruptions or disruptions are inherent to the provision of services via the Internet and cannot be considered as shortcomings.

Article 8 - Force Majeure

In the event of force majeure, we are not obliged to fulfil our obligations. In that case, we can either suspend our obligations for the duration of the force majeure, or terminate the agreement definitively.

Force majeure is any circumstance beyond our control and will that prevents the fulfillment of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, power failures, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties, etc.

Article 9 – Nullity and completeness

These Terms and Conditions constitute the entire agreement between the customer and us with respect to the subject matter contained herein.

If one or more provisions of these Terms and Conditions are at any time held to be unlawful, void or for any other reason unenforceable, in whole or in part, then that clause shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Article 10 - Jurisdiction and applicable law

Belgian law applies to all disputes related to or arising from our offers and/or agreements. In case of disputes or disagreements, only the courts of the judicial district of our registered office are competent.