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Sales terms

Article 1 - Identification of the contracting parties

The seller is defined below as Yamabiko Europe, avenue Lavoisier 35 in 1300 Wavre - Belgium, The buyer is defined as the person validly representing a legal entity or his own business or a consumer within the meaning of Article I.1, 2° of the Code of Economic Law and marking his agreement to the order form, offer or service contract issued by Yamabiko Europe All other conditions are only binding on the seller after written confirmation on his part. Information given in catalogs, Internet sites, notes, etc. is for guidance only and may be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these terms and conditions. Offers are valid within the option period of thirty days from the date of the offer, unless otherwise stipulated in the offer. Yamabiko Europe reserves the right to modify these terms and conditions at any time and without prior notice, in which case the modifications will apply to all subsequent orders.

Article 2 - Orders

Orders are effective upon signature of the order form and its confirmation by the seller. Orders sent directly by the buyer or which are transmitted by the seller's representative agents are only binding on the seller when they have been accepted in writing. In the case of immediate shipment of products, the seller's order confirmation may be replaced by an invoice. Modifications to orders and any ancillary or deviating conditions relating to the subject matter and terms of sale are valid only insofar as they appear in the offer or confirmation made by the seller. All sales offers are subject to available stock. Any clause emanating from the purchaser, not accepted in writing by the seller, which would be in opposition with the present general conditions or particularities defined in the price offer will be considered null and void. No unilateral cancellation of an order will be accepted without the agreement of Yamabiko Europe

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Article 3 - Prices

Prices are quoted in euros. Any change to the current prices will be applied automatically after 60 days' notice. Goods are invoiced at the agreed price within the limit of the option period and general economic conditions (taxes, exchange rates,...), at the time of delivery. In the case of sales made in a currency other than the euro, any variation of at least 2% in the exchange rate of the currency against the euro defined on the day of the offer will be reflected on the day of invoicing. All prices are net in euros, excluding taxes, packaging, transport and freight insurance, ex-seller's warehouse.

Article 4 - Payment

Payments must be made in such a way that the seller can dispose of the sums on the due date. Unless special conditions are expressly written or specific conditions are granted to the buyer after studying their file, payments must be executed by bank transfer upon delivery of the equipment. If the seller accepts payment by bill of exchange, the buyer must return it to the seller, accepted and domiciled, within eight days (unless otherwise specified in advance). The costs are to be borne by the purchaser. If the accepted draft is not returned within the aforementioned period, payment will become immediately due. In the event of payment by instalments, expressly accepted by the seller, non-payment of a single instalment on its due date will render the entire price immediately payable, whatever the conditions previously agreed, even if the instalments have given rise to the drawing up of acceptable bills of exchange; the same will apply in the event of sale, assignment, pledging or incorporation of the buyer's business. Payments must be made in such a way that the seller can dispose of the sums on the due date. The purchaser is defined as the person validly representing a legal entity or his own business, or a consumer within the meaning of Article I.1, 2° of the Economic Law Code, and agreeing to the order form, offer or service contract issued by Yamabiko Europe. The purchaser may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, or operate a set-off. If the purchaser is in arrears with the total or partial payment of a due date, the seller may, for this reason alone and without the need for prior formal notice, immediately suspend deliveries, without the purchaser being entitled to claim damages from the seller. In the event of legal action, the seller is entitled to claim reimbursement from the purchaser of the costs incurred in pursuing the case. For our foreign operations, our terms of payment remain the same as regards deadlines. Payments will be made either by SWIFT transfer (IBAN n° BE 66 0013 6853 8543), or by "escrow account" or stand-by letter of credit.

Article 5 - Transfer of risks and charges

The transfer of risks will take place according to the incoterm stipulated in the contract, latest version of the International Chamber of Commerce. Unless otherwise stipulated, the incoterm governing these transfers is Ex-works Wavre( ICC 2000 edition).

Article 6 - Delivery

The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery. In the event of cash-on-delivery, the purchaser is required to make the cheque immediately available to the carrier. If this is not the case, the material will not be delivered and a second presentation will be made by the carrier at the purchaser's expense. By express agreement, in the event of force majeure or events such as lock-out, strike, total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all responsibility for delivery. The seller will inform the purchaser in good time of the cases and events listed above. In all cases, timely delivery can only occur if the buyer is up to date with its obligations to the seller.

Article 7 - Transport

Unless otherwise agreed, the seller freely chooses the carrier.

Article 8 - Complaints and after-sales service

On receipt of the goods, the buyer must immediately check their condition and conformity with the contract. If the package is too damaged, the buyer must refuse it. Packaging must be kept in its original condition. If this is not the case, the buyer is not entitled to claim. This is also the case if the buyer does not express any reservations upon delivery of the goods. All claims relating to defects in the goods delivered, to inaccuracies in the quantities or to their incorrect reference in relation to the offer accepted or the confirmation of the order by the seller, must be made in writing by registered mail within 3 working days of receipt of the goods, without neglecting recourse against the carrier, failing which the right to claim will cease to exist. The buyer must allow the seller to carry out all on-site verification operations relating to complaints. Any return of goods requires the prior agreement of the seller. The purchaser will receive a return agreement by the means deemed most appropriate by the seller. On this occasion, the purchaser must provide his or her contact details and the description of the item or items concerned, their serial number, the fault found and the invoice number corresponding to the parts described. The purchaser has a period of 7 days after obtaining the return agreement to return the defective goods to the seller. In the event that the seller is liable to the buyer for damages for any reason whatsoever, these will be limited to compensation for the damage duly suffered by the buyer, without being able to exceed 5% of the amount of the order

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Article 9 - Right of withdrawal

  1. In accordance with article VI. 47 of the Code of Economic Law, the consumer who has concluded a distance contract has a withdrawal period of fourteen (14) calendar days from the day after the day of delivery to return, at his own expense, products purchased and not suitable.
  2. Any return must be notified in advance by e-mail to info@yamabiko.eu, the seller will confirm by e-mail that the return has been notified.
  3. The product must either be hand-delivered to the seller's head office (only possible by appointment), or returned to the seller's head office address.
    Only products returned as a whole, in their complete and undamaged original packaging, and in perfect condition for resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
  4. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or an exchange of the product. In the case of an exchange, reshipment will be at the consumer's expense. In the event of a request for reimbursement, the seller undertakes to reimburse the sums paid by the consumer within fourteen (14) days of receipt by the seller of the returned products. The user will be reimbursed by re-crediting his/her bank account in the event of payment by credit card or bank transfer.
  5. Under Article VI.53 of the Economic Law Code, the consumer may not exercise his right of withdrawal when the order placed concerns goods made to his specifications or clearly personalized goods.

Article 10 - Warranty

Products are guaranteed by the manufacturer (Yamabiko Europe) against any material or manufacturing defect for a period of 24 months from the date of delivery, except for expressly stated special conditions (professional user: warranty intervention limited to 12 months). Warranty claims shall not extend the warranty period. The seller's warranty is limited to the repair or replacement of goods recognized as defective by the seller, taking into account the quality of the user. The seller undertakes only to replace defective parts and repair damage to goods supplied to the buyer by the seller. The warranty therefore does not cover labor costs, nor those resulting from disassembly, reassembly and transport operations, except in the case of standard exchange. Subject to legal provisions, the seller's liability is strictly limited to the obligations defined in the present conditions or, where applicable, in the express conditions. Should the purchaser return products which have not been supplied by the seller, the latter may under no circumstances be held liable for any material or immaterial damage which may occur during the repair. The seller cannot be held liable under the warranty for breakdowns or damage resulting directly or indirectly from the following: - Unprotected or prolonged storage. - Any negligence, error in connection or handling, maintenance or use of equipment not conforming to the seller's or manufacturer's technical specifications or, more generally, faulty or clumsy use. - Any addition of complementary or accessory devices to the equipment or use of any parts necessary for the operation of the equipment which do not comply with the seller's or manufacturer's technical specifications. - Any mechanical, electronic, electrical or other modification or transformation made to the equipment or its connecting devices by any third party.

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Article 11 - Reservation of title

The transfer of ownership of goods delivered to the purchaser will only take place after full payment of the price in principal and accessories or the cashing of accepted bills of exchange or other securities issued for the purpose of settling the price. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are borne by the purchaser (see article 4: Transfer of risks and charges). Failure by the purchaser to meet its payment obligations, for whatever reason, gives the seller the right to demand the immediate return of the goods delivered, at the purchaser's expense and risk. In the event of receivership proceedings affecting the buyer's business, the buyer undertakes to take an active part in drawing up an inventory of the goods in the buyer's stock for which the seller claims ownership. Failing this, the seller is entitled to have the inventory recorded by a bailiff at the buyer's expense. The seller may prohibit the buyer from reselling, processing or incorporating the goods in the event of late payment. In order to guarantee payments not yet made, and in particular the balance of the buyer's account in the seller's books, it is expressly stipulated that rights relating to goods delivered but unpaid will be transferred to identical goods from the seller in stock with the buyer, without the need to charge payments to a specific sale or delivery.

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Article 12 - Resolutory clause

In the event of non-compliance with any of the buyer's obligations by the buyer, the sale will be terminated ipso jure and the goods will be returned to the seller if the seller sees fit, without prejudice to any damages and interest that the seller may claim against the buyer, within 48 hours of formal notice remaining without effect.

Article 13 Reciprocity clause

Except in cases of force majeure, in the event that the seller remains in default of any obligation arising from the agreement and causing prejudice to the buyer acting for non-professional purposes, the seller will, after receipt of a formal notice to which it has not responded within fifteen days, owe the buyer compensation equal to 20% of the total amount of the order.

Article 14 - Privacy

The seller processes the buyer's personal data as part of the contractual relationship with the buyer.

Personal data communicated by the buyer will be processed in accordance with the provisions of the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and in accordance with the relevant European Regulation (General Data Protection Regulation, RGPD - Regulation EU 2016/679 of April 27, 2016).

The seller acts as the data controller for the processing of personal data, which it carries out for the following purposes: customer administration (requesting support, managing complaints, issuing warranty certificates), performance of the sales/maintenance contract, promotion of its products and services, (setting up direct marketing campaigns), including via email.

Data is kept for the time strictly necessary for processing. It is then deleted or rendered anonymous.

At any time, you can contact us by phone or e-mail.

At any time, the buyer has the right to request access to his personal data, as well as to proceed to the control and free rectification of the latter.

At any time, the buyer has the right to object to the processing of his/her personal data (for direct marketing purposes).

To exercise this right simply contact, free of charge, Mr Diederick Geerinckx via the following e-mail address: dataprivacy@yamabiko.eu or by post at the seller's head office address.

Article 15 - Arbitration, competent court and applicable law

In the event of a dispute, recourse will be made to the Courts of De l'arrondissement Judiciaire du Brabant wallon. With regard to foreign contracts, any dispute relating to the formation, performance and termination of contractual obligations between the parties which cannot be settled amicably shall be finally settled in accordance with the arbitration rules of the International Chamber of Commerce, by one or more arbitrators in accordance with those rules.

All disputes arising out of or in connection with the performance of the contract shall be settled by arbitration in accordance with the arbitration rules of the International Chamber of Commerce.