Terms of service

1/ General terms and conditions

Unless otherwise agreed in writing, these general terms and conditions of sale are applicable in full to all offers and quotations of KNUSS BV (Nelson Mandelaplein2, 8500 Kortrijk, 0778.331.661 - hereafter "KNUSS"), to all agreements between KNUSS and its customer ("Customer") and to all invoices and offers of KNUSS.

If there is any conflict between these General Terms of Sale and another separate written agreement between KNUSS and the Customer, the provisions of the written agreement shall prevail.

By placing an order, the Purchaser unconditionally accepts the following general terms and conditions of sale of KNUSS. 

2/ offers

All quotations and offers of KNUSS are without obligation. The submission of an offer by KNUSS does not constitute an obligation to accept the offer under the same conditions. This is only different if a term for acceptance is stated in the offer. If the Customer accepts the offer of KNUSS within the specified time period, KNUSS is then bound by the terms of the offer.

Offers are valid for 14 days, unless otherwise agreed. After 14 days the Offer shall lapse. The Customer is of course free to ask KNUSS to submit a new quotation.

A composite quotation does not oblige KNUSS to carry out (only) part of the order at a corresponding part of the quoted price; even if the offer or the part of the offer is accepted by the customer within the specified period.

3/ Offers - Conclusion of contract - Withdrawal

3.1 The product description is in accordance with the applicable legislation. The dimensions, characteristics and other data of the goods offered for sale are given for information purposes only and can be consulted as such on the KNUSS web site.

Orders are not final until accepted in writing by KNUSS or delivered by KNUSS.

3.2 Right of Withdrawal

The Customer has a period of 7 days to withdraw from the Contract without giving reasons, except in respect of goods made to the specifications or design of the Customer.

The withdrawal period shall end 7 days after the day on which the Customer or a third party designated by the Customer and other than the carrier takes physical possession of the (last) goods or lot.

To exercise this right of withdrawal, the Customer must inform KNUSS (Nelson Mandelaplein 2, 8500 Kortrijk, Belgium / info@knuss.eu) of its decision to withdraw from this contract, by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the attached model withdrawal form for this purpose, but it is not obligatory. The Customer may fill in and submit the model withdrawal form or any other unequivocal statement electronically on our website www.knuss.eu. If the Customer exercises this option, KNUSS shall communicate to the Customer without delay on a durable medium (e.g. by e-mail) an acknowledgement of receipt of such withdrawal.

In order to meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.

3.3 Consequences of withdrawal

If the Customer withdraws from the Contract, it shall receive from KNUSS, without undue delay and in any event not later than 14 days after being informed of the Customer's decision to withdraw, all payments made up to that point, including delivery costs (save for any additional costs resulting from the Customer's choice of a mode of delivery other than the least expensive standard delivery offered by KNUSS). KNUSS shall reimburse the Customer using the same means of payment as used for the original transaction, unless the Customer has expressly agreed otherwise; in any event, no charge shall be made to the Customer for such reimbursement.

KNUSS may delay repayment until KNUSS has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is earlier.

The Customer shall return or deliver the goods to KNUSS or , Nelson Mandelaplein 2, 8500 Kortrijk, Belgium without undue delay and in any event not later than 14 days from the day on which it communicates its decision to withdraw from the contract to KNUSS. The Customer is in good time if it returns the goods before the period of 14 days has expired.

The direct costs of returning the goods shall be borne by the Customer. The costs are estimated at a maximum of approximately EUR 25.

The Customer is only liable for the depreciation of the goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the goods.

4/ Prices

Prices are expressed in EUR. The price stated is fixed and includes all costs, unless express reservations are made regarding additional costs and without prejudice to Article 5.

If the VAT rate changes prior to delivery, the overall price shall be adjusted accordingly. The net price excluding VAT is equal to the sale price including VAT minus the dealer's discount.

5/ Delivery

5.1 Delivery periods and dates are given as an indication only. If a delivery period or term is agreed, the Customer shall provide KNUSS with a written notice of default after the exceeding of a delivery period or term. After receipt of such notice of default, KNUSS shall have a specified period of two months to comply with its obligations. If KNUSS does not deliver the ordered goods within the aforementioned period of two months, the Customer has the right to terminate the contract with immediate effect ipso jure and without notice of default and without KNUSS having any right to compensation. If the Contract is terminated as stated above, the Customer has the right to a lump sum compensation of 1% of the value of the goods ordered, without prejudice to the right to other damages if the damage suffered is proven.

5.2 The Customer is obliged to take delivery of the goods at the agreed place and time. If, at the request of the Customer, changes are made to the delivery date, circumstances and/or address or if the Customer provides incorrect information to us in this respect, KNUSS shall be entitled to pass on to the Customer the price increase and additional costs resulting from the incorrect information.

5.3 All goods are delivered under retention of title until the Customer has fulfilled all its obligations towards KNUSS. The Customer shall be liable for any damage to the delivered goods, over which KNUSS retains title pursuant to this clause. The Customer may not in any way pledge or dispose of goods under retention of title. The Customer hereby expressly declares that it has taken cognisance of the above-mentioned retention of title prior to the delivery of the goods. The Customer is obliged to handle goods subject to retention of title with care and shall store and keep them in an appropriate and clean place.

5.4 Without prejudice to the reservation of title, the risk shall pass to the Customer as of the delivery date.

5.5 A delivery can only take place if the Customer has fulfilled all its contractual obligations towards KNUSS, including the timely payment of previous deliveries. KNUSS has the right by law and without any notice of default to postpone or even cancel the delivery of current or future orders until the payment in full of the outstanding invoices.

6/ Complaints

6.1 KNUSS shall not be held liable for minor deviations in construction, size, weight, colour, design or any other quality, quantity or model related issues which do not cause damage to the Customer. The materials, workmanship or design are subject to change without notice.

KNUSS shall not be liable for obvious factual inaccuracies or printing errors.

6.2 Damage resulting from transport or a defect reasonably detectable by the Customer at the time of delivery must, under penalty of nullity, be notified to KNUSS at the time of delivery. Such notification must contain a detailed description of the damage or defect. Deviations specific to the material used shall not constitute grounds for complaint.

6.3 Any complaint resulting from a defect in conformity which was already present at the time of delivery and which becomes apparent within a period of two years after delivery of the goods, must be notified to KNUSS by registered mail and sent at the latest two months after the notification of the defect to KNUSS, under penalty of inadmissibility. Such notification must contain a detailed description of the non-conformity or the visible defects.

6.4 If the complaint regarding the defects of the delivered Goods is admissible and justified, the Customer may choose to replace or repair the Goods or demand an appropriate discount or the termination of the Agreement. KNUSS shall always be entitled to propose a different kind of compensation to the Customer.

The Customer shall be solely responsible for the proper, safe and legal use of the delivered Goods.

6.5 KNUSS shall under no circumstances be held liable for the non-performance - in part or in full, temporarily or permanently - of an Agreement in the event of force majeure which prevents the proper performance of an Agreement or makes it impossible, even if such circumstances were foreseeable at the time the Agreement was concluded. Force majeure is understood to mean any event or circumstance beyond the control of KNUSS, such as risk of war, terrorism, general or partial strike (including at the suppliers of KNUSS), general or partial lock-out, weather or traffic conditions (including road works and traffic jams), government decisions, contagious diseases, industrial accidents, fire, power failure, machine breakdown as well as non-delivery by KNUSS' suppliers and bankruptcy of KNUSS' suppliers. KNUSS is not obliged to demonstrate the attributable and unforeseeable nature of the circumstances giving rise to force majeure.

To the extent KNUSS depends for the performance of its obligations on the cooperation, services or delivery of third parties, KNUSS shall not be held liable for any damage caused by the latter, including fraud, deception, wilful misconduct and/or gross negligence.

7/ Payment

8.1 Our invoices are payable net and in cash on the delivery date, unless otherwise agreed. Unless an objection is made by registered letter, each invoice shall be deemed to be accepted within eight days of the date of issue.

8.2 If the invoice is not paid on the due date, the Customer shall, by operation of law and without the need for any notice of default, pay interest at the rate of 1% per month for each month commenced. Furthermore, if the debt remains unpaid in whole or in part on the due date without valid reason, KNUSS shall be entitled, after a notice of default has been served without effect, to increase the debt by 12% with a minimum of € 124 and a maximum of € 1,860, even if an exemption is granted and without prejudice to KNUSS' right to claim a higher compensation if damage is proved.

8.3 If KNUSS is in doubt about the Customer's creditworthiness due to court decisions against the Customer and/or other demonstrable events which render the proper performance of the obligations doubtful and/or impossible, KNUSS reserves the right to demand advance payment for deliveries yet to be made or to request (other) adequate guarantees from the Customer. If the Customer does not agree to this, KNUSS shall be entitled to cancel all or part of the order, even if all or part of the goods have already been shipped or delivered, without prejudice to KNUSS' right to claim damages.

8.4 In the event of non-payment of one invoice on the due date, the total of all other invoices, even those which are not yet due, shall be immediately paid, ipso jure and without prior notice of default.

In the event of non-compliance with the payment terms, KNUSS reserves the right to unilaterally suspend the execution of all other agreements concerning the contractual relationship between the parties, without prior notice or compensation.

8/ Termination

If the Customer fails to perform one or more of its obligations after a written notice giving it eight working days to do so, and/or if its goods or any part thereof are seized, KNUSS shall be entitled either to demand the performance of the agreement or to terminate the agreement with immediate effect ipso jure without notice or compensation.

If the agreement is terminated as provided above, all invoices shall be immediately payable by operation of law without notice of default.

In such case, KNUSS shall be entitled to lump sum damages equal to 30% of the purchase price excluding VAT, without prejudice to KNUSS' right to claim a higher compensation for the damage actually suffered which can be demonstrated, and to claim the return of the goods already delivered.

9/ Applicable law and jurisdiction

Any dispute arising out of or in connection with an Agreement to which these General Terms of Sale apply or arising out of or in connection with any agreement entered into at a later date as a result of this Agreement shall be governed exclusively by Belgian law.

Any dispute between the Customer and KNUSS over the validity, interpretation or application of agreements entered into with KNUSS shall be subject to the exclusive jurisdiction of the competent courts of Ypres or the competent courts of the Customer's domicile, at the option of KNUSS.

10/ Other provisions

In the event that one or more provisions of these general terms and conditions of sale are invalid or declared inapplicable by a court of law, the other provisions shall remain in full force and effect. In such cases, KNUSS and the Customer shall negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision which most closely matches the intent and purpose of the original provision.

11/ intellectual property rights

The copyright on the documents, files, drawings, sketches, concepts, presentations and other records ("Pieces"), provided by KNUSS, shall vest in KNUSS. The Customer is granted a right of use in respect of such Pieces under which the Customer is free to use the Pieces for the purpose of the agreement on the basis of which the Pieces were created, provided the Customer has fulfilled all (payment) obligations under the agreement. Without the express written consent of KNUSS, these Pieces may not be shared, (re-)used or processed other than in accordance with the purpose of the agreement under which the Pieces were created and delivered, and thus for which the right of use is granted.

In case KNUSS authorises (online) publication of the Pieces, the logo and company name of KNUSS must always be clearly visible. The manner in which the company name and logo of KNUSS are mentioned shall be agreed with KNUSS prior to publication and/or use.

Should the customer or any person connected or affiliated to him/her breach this clause, the customer shall be liable to pay an immediately payable penalty of EUR 10,000 for each breach and EUR 500 for each day that the breach continues, without prejudice to KNUSS right to performance and/or damages.

12/ Personal details

For the purposes of the agreement that the customer concludes with KNUSS, personal data is processed. This includes data that the customer provides itself or is provided as a result of the execution of the agreement, such as contact details and financial data, or data from public registers.

After the contract has been fulfilled, the customer's contact details (name, telephone number, address and e-mail address) are kept for the purpose of maintaining business contact. By agreeing to these general terms and conditions, the customer declares his consent. The customer may request the deletion of these data at any time.

In order to perform the agreement KNUSS may pass on personal data to suppliers and subcontractors. This happens, for example, if orders have to be delivered to the customer's address, or if work is carried out on site.

After the termination of the agreement, KNUSS retains designs, drawings, sketches and other documents in its physical and digital archives, for reasons including after-sales service. These documents may contain references to the Client and its details. By accepting these general terms and conditions, the customer declares himself/herself to be in agreement therewith. At the first request of the customer, KNUSS will remove personal data from these records.

KNUSS sends its customers a newsletter several times a year. By accepting these general terms and conditions, the customer declares himself/herself to be in agreement therewith. An unsubscribe option will be included in each newsletter.

How KNUSS deals with personal data and what rights the customer has with respect to such data is set out in the Privacy Statement published on the website (www.KNUSS.eu).

KNUSS BV | Nelson Mandelaplein 2 | B-8500 Kortrijk | info@knuss.eu | www.knuss.eu | VAT: BE0778331661