Terms and conditions

Our offers and quotations are without obligation, unless they contain an option and period of validity expressly specified by us. In order to bind us, every matter, even if it was handled by our agents, must be confirmed by us in writing.

Commitments of any kind entered into by an employee of Mol d’Art bvba (hereinafter referred to as Mol d’Art) are only valid after they have been confirmed by a documented authorised representative (on presentation of the publication in the Belgian Official Gazette).

Our estimates, quotations and the price agreed upon the order do not constitute fixed, irreducible price offers on the part of Mol d’Art.

By the mere fact of placing an order, the contracting party expressly accepts these general conditions, which govern the contract and from which deviation is only possible by express written agreement. From that moment on, the contracting party waives the application of its own (general) contractual conditions. Acceptance of the quotation implies that the other party waives the application of the provisions of its general or specific conditions, even if these state that they alone are valid.

Deliveries are carried out according to availability and according to our possibilities of preparation, loading and transport, as well as, where applicable, those of our suppliers.

Notwithstanding any indication to that effect in special market conditions, it is expressly agreed that delivery periods are always given merely as a guideline and that, in the event of delay, they do not give the contracting party any right to compensation, penalty or cancellation. The foregoing may only be deviated from by express prior written agreement. Unless expressly agreed otherwise in writing, we reserve the right to carry out the work in one or more instalments, at our discretion.

Mol d’Art declines all liability in the event of loss, theft or damage to vehicles and/or materials that the customer has brought onto our premises, into our warehouses and workshops, or in the event of fire or flooding.

In a departure from article 1583 of the Civil Code, the goods, whether or not they have already been delivered, remain the exclusive property of Mol d’Art until full payment of the purchase price (principal, interest and costs) has been made. In the event of non-payment, we reserve the right to come and collect the goods. Prior to the transfer of ownership referred to in the previous paragraph, the client is not entitled to place the goods in custody, modify them, dispose of them or encumber them with personal or real rights in favour of third parties, or otherwise dispose of them. Unless otherwise agreed, we retain ownership of all goods sold by us until they have been paid for in full, including interest and costs. This does not apply, however, to the moulds (dies), as stipulated in article 7, paragraph 2. Nevertheless, all risks pass to the buyer from the moment of delivery.

Mol d’Art has a right of retention on the goods placed in its custody for as long as the invoices have not been paid. The right of retention extends to all items that Mol d’Art holds on behalf of the debtor, without there needing to be any connection between the claim and the goods.

If the price or the agreed instalments have not been settled on the due date, we have the right to dissolve the sale, simply by making our decision known in this regard, and to reclaim the goods still in the buyer’s possession in exchange for a credit note for the residual value of the goods.

All documents, papers, etc. provided by Mol d’Art remain – unless expressly stipulated otherwise in writing in the contract – the property of Mol d’Art and must be returned upon first request. They may not be communicated to third parties, nor executed by third parties, without the prior written consent of Mol d’Art. The intellectual property thereof remains – unless expressly stipulated otherwise in writing – entirely with Mol d’Art.

The moulds (dies), on the other hand, always remain the property of Mol d’Art and therefore never become the property of the customer. Where the moulds (dies) are invoiced, this will, however, always only concern a contribution towards the mould costs.

If the equipment, the machines and/or the fittings are ready for acceptance and delivery, the customer is obliged to collect them immediately after completion of the order; if the customer has not done so within eight days at the latest after a registered request for collection, he shall automatically and without further prior notice owe a storage fee. This fee amounts to €1.24 per day, plus the legally due taxes. From the date on which the registered notice of default is sent, the goods present on our premises are at the sole risk and responsibility of the customer.

All payments must be made at the registered office of Mol d’Art in Diest, net without discount, in cash upon agreement, unless expressly stipulated otherwise in the order confirmation. The acceptance of payment terms and/or bills of exchange does not entail novation and does not affect the recoverability of the debt and the interest and compensation mentioned below.

In the event of non-payment on the due date, conventional late-payment interest of 10% per year is due on the outstanding balance, with a minimum interest as follows from the provisions of article 5 of the Belgian Act on combating late payment in commercial transactions (WBBH).

In the event of non-payment on the due date, the outstanding balance shall be increased by operation of law and without the need for prior notice of default by 15% on amounts lower than €2,500.00 and by 10% on amounts higher than €2,500.00 by way of fixed compensation, with a minimum of €250.00, to be increased by the costs incurred in connection with the recovery of the claim, including lawyers’ fees in accordance with the provisions of article 6 WBBH.

In the event of cancellation of the order, the client is liable for fixed compensation of 30% of the contract price, to be increased by the value of what has already been carried out at the time of cancellation and/or is owed to the suppliers of Mol d’Art.

Any late payment or late fulfilment of one of the essential obligations of the contracting party makes the balance due on all other invoices, even those not yet due, immediately payable.

We have the right, during the execution of a project or of a sale, to suspend deliveries or to cancel the contract at our discretion, in whole or in part, in the event that the payment conditions and/or other essential obligations of the contracting party are not complied with. This suspension or cancellation applies without prejudice to the other consequences of the failure by the contracting party to comply with the payment conditions and/or other essential obligations.

No complaint, on whatever grounds, entitles the contracting party to suspend or postpone payment of the entire invoice amount, or even part of it. Furthermore, such complaints must be addressed to and reach Mol d’Art within 7 days, by registered letter, after the completion of the work or the sending of the invoice; otherwise they are late. Any defects or remarks must be reported within one week of the completion of the work, on pain of forfeiture.

Furthermore, within that same week, the necessary steps must be taken to have them established in the presence of both parties within the shortest possible period; the costs thereof are borne by the contracting party. Mol d’Art undertakes to attend these assessments provided that:

• it is notified thereof in good time (at least 48 hours before the expert assessment) by e-mail, fax or registered letter;
• a recognised court expert is appointed.

The contracting party is obliged to follow and complete this amicable dispute settlement procedure before it can validly bring the matter before a court.

We are not liable for indirect damage or any other damage. Our liability is limited to the total amount of the delivery or deliveries concerned.

Any cancellation, even partial, by the contracting party requires our written consent regarding the cancellation itself and its conditions. Failing this, article 9 shall apply.

The dissolution of this contract by the contracting party for any reason whatsoever entails, by operation of law and without notice of default:

• the immediate return, at the expense of the contracting party, of the goods delivered and not yet used, whereby the contracting party guarantees us the possibility and authorises us to have the goods collected immediately and to that end grants permission to enter any place where the goods are located;
• the obligation of the contracting party to compensate us for any foreseeable or unforeseeable damage suffered by us by reason of or as a result of the dissolution;
• the dissolution of the contract may be pursued by us in the event of non-compliance by the contracting party with its essential obligations, in the event of bankruptcy, filing of a petition for a composition with creditors, suspension of payments, or attachment of our goods.

Unforeseen circumstances or force majeure give us the right to suspend, in part or in full, the performance of all or part of the contract, without any compensation of any kind. For the application of this article, the following in particular are considered as or equated with force majeure: war, mobilisation, state of siege, insurrection, public disturbances, blockades, quotas, partial or general strikes – of social, political or other origin, legal or wildcat – lock-out, epidemic, quarantine, adverse weather conditions – whether or not considered a national disaster – fire, explosion, flooding, destruction of machines, in Belgium or abroad, in the factories of our suppliers or at any others of the latter, seriously affecting the manufacture, stock, handling or transport of the goods or of the raw materials necessary for their manufacture.

The nullity of one of the clauses of the general conditions does not entail the nullity of the agreement. In that case, the parties shall replace the null clause with a valid clause which, within the limits of the law, has the same effect as the clause declared null and void.

This contract is governed by Belgian law. All disputes concerning the interpretation, validity or performance of these contracts fall expressly under the exclusive jurisdiction of the courts of the judicial district of Leuven. Bills of exchange entail neither novation nor derogation from this formal clause on the attribution of jurisdiction, even if the contracting party resides elsewhere. Mol d’Art reserves the right to bring the matter before the courts of the judicial district of the domicile or registered office of the contracting party.

The “Mol d’Art” name and logo are protected by national and international laws. The use rights, reproduction rights and intellectual rights of this site are the exclusive property of bvba Vanelven.

We give a great deal of attention to the accuracy and completeness of the information on our website. We may not be held liable for any possible inaccuracies and/or omissions, or for any damage of any kind that results from access to or the consulting or use of the information on the website or from its non-accessibility.

The products described and depicted on this website give an overview of our range. The mentioning of a product on this website does not constitute an offer. The pure expression of the customer’s will to acquire a product does not suffice to bring about an agreement. The customer may only place an order on this site if he confirms that he has read and approved the Mol d’Art general conditions for Internet sale.

Images and product descriptions are not binding. The information that appears from this must always be checked.

The prices indicated are valid on the day of consultation of the website, barring display errors, for which Mol d’Art bvba may not be held liable.