General conditions of sale
The sale and delivery of goods and the provision of services under the conditions laid down in these general terms and conditions of sale apply only to customers established in Belgium. For other customers, the conditions of sale must be negotiated on a case-by-case basis with our Alcyon Belux Distribution Vétérinaire S.A. sales department (callcenter@alcyonbelux.be).
These general terms and conditions for the sale of goods or the provision of services apply exclusively to all orders placed with Alcyon Belux Distribution Veterinaire S.A (hereinafter Alcyon Belux) and shall take precedence over any other terms and conditions of sale, subject to provisions to the contrary in a written agreement.
The general terms and conditions of sale and delivery set out below, which are deemed known to and unreservedly accepted by the buyers, forms an integral part of each order/ purchase by the buyer. Any contrary or derogating conditions of purchase or any other restriction on the buyer in this connection shall be void and ineffective, unless we have expressly accepted it in writing.
By placing an order on a website, a natural or legal person is deemed to have accepted these terms and conditions of sale in their entirety. They can be accessed via the website at any time and, where applicable, prevail over any other version and over the customer’s own general or other terms and conditions of purchase.
1. Offers and orders
Our offers are not binding. The products are offered for sale within the limits of the stock available at the time the order is recorded at ALCYON Belux. We are only committed to the sale once the order has been confirmed. Performance will occur under the general terms and conditions of sale and delivery, with the buyer’s general terms and conditions of purchase being excluded.
Confirmations of orders, orders and verbal agreements shall only bind us when they are confirmed in writing or, in the absence of a written confirmation, where we fulfil the order unreservedly by sending goods and the invoice.
2. Deliveries
Subject to express, written conditions, our delivery dates are provided solely for information purposes and are not binding on us. They shall be extended in the case of a delay on the buyer’s part in sending the necessary documents and information for the proper execution of the sale, even if the buyer is not directly answerable for this delay. Even if there is an express agreement concerning the delivery deadlines, cases of force majeure entitle us to cancel any delivery or order, in full or in part, or to suspend its execution without prior notice and without any compensation for the buyer.
We deliver the products to the delivery address agreed in our agreements prior to the start of our trading relationship. We reserve the right to choose the nature and mode of dispatch. Additional costs, incurred due to the buyer’s special requests concerning dispatch or delivery, will be borne by the latter.
Due to the economic conditions, from 03/14/2022, a fee of 2€ excluding VAT will be charged per delivery. For all orders with an amount less than 150€ excl. VAT, surcharges and miscellaneous contributions, a flat rate contribution of 10.50€ excl. VAT will be charged for delivery costs. Any orders to be delivered outside of Belgium require a written agreement concerning delivery modes and charges.
3. Payment
Subject to written provisions to the contrary, our invoices are payable within 7 days following the invoice date without any discounts or reductions. VAT as well as any other taxes, duties, fees or any other payments imposed by an authority in relation to the execution of the order shall be borne by the buyer.
Any sum that remains unpaid on the due date will lawfully give rise to default interest calculated on the basis of the applicable interest rate of the Banque Nationale, increased by 1%, without the need for a prior notice period. Moreover, the amount will be increased by a one-off compensation payment of 10%, with a minimum of €40 per invoice.
If the customer is considered a consumer pursuant to Law 6 April 2010 regarding market practices and the protection of the consumer, the aforesaid penalty clause will also be applicable to Alcyon S.A. if it has not fulfilled its own contractual obligations (reciprocity clause).
Payments are deemed made one we have actual and definitive access to the sums in question.
4. Retention of ownership
The products delivered remain owned by Alcyon Belux until full and effective payment has occurred, on a definitive and binding basis, in respect of all sums owed to us.
5. Returning goods
In principle, we do not accept returns of our goods and products. In exceptional and very particular cases described in points 5.1 to 5.4 below, we are, however ready to take back certain goods or products. In all cases, the costs of returning goods will be borne by the buyer.
5.1 Only return requests reported within 48 hours or receipt of the goods will be considered. The request must be accompanied by a copy of the dispatch note returning the products under dispute.
5.2 The products must be in perfect condition (original packaging, not torn, with no writing and/or additional labels, etc.) and accompanied by their accessories.
5.3. Products sold as part of a promotion must be returned under the business regulations set our above. The return will automatically invalidate the special conditions and lead to additional billing.
5.4. Products are returned under their terms and conditions of sale (price and discount). However, Alcyon Belux reserves the right to use 90% of the return sum to cover administrative and logistical fees.
5.5. The following cannot be returned:
- products whose expiry date was indicated as tight,
- products subject to compliance with strict preservation conditions (cold chain),
- specially ordered products, precursors and “spin-off” products.
Delivery errors that can be attributed to ALCYON Belux will always be taken into consideration and the products will be credited without charge in compliance with points 5.1 and 5.2.
6. Complaints
Our products are considered to have been approved at latest 7 calendar days after their delivery to the agreed delivery address, save a specific, detailed claim communicated to us before the expiry of this term by email, fax or registered letter. Approval covers all visible defects, i.e. all those that can be detected by a diligent and competent purchaser at the time of the delivery or within the following 7 calendar days by a careful and serious inspection, including those relating to the product's characteristics and quantities.
Goods in respect of which a complaint has been made can only be sent back with our prior, express agreement and in their original packaging.
The complaint itself does not release the buyer from his or her payment obligation.
7. Confidentiality and privacy
All the personal details you send for the purposes of the order and its processing will be confidential and will not be communicated to third parties, save for the purpose of processing your payment.
In accordance with Belgian law of 8 December 1992 on the protection of privacy in the processing of personal details, as amended by the law of 11 December 1998, you have the right to access (communication of data) and rectify (correction of errors) your personal details. Our details are indicated in the legal notice, and a contact form is available on this site.
8. Intellectual property
The entire contents of the website (illustrations, photos, videos, descriptions, trade marks, etc.) are owned by Alcyon Belux and its co-contractors and partners. Any full or partial reproduction by any means whatsoever on any medium of any kind shall be subject to Alcyon Belux’ express, prior authorisation.
All goods sold by Alcyon Belux are protected by Belgian and international law concerning intellectual property and copyright. Illicit appropriation and reproduction by the user will be pursued under criminal law. Alcyon Belux can in no case be held liable for the violation by the User of rights held by third parties, committed by virtue of the User’s activities on the website.
9. Applicable law and jurisdiction
The contract concluded by the parties is governed by Belgian legislation.
Any disputes come under the sole jurisdiction of the justice of peace in the county or the courts in the district in which Alcyon Belux’ head office is situated.
10. Invalid conditions
If certain clauses of these general terms and conditions of sale and delivery are invalid, this will not affect the legitimacy of the other clauses or parts thereof. The parties must replace an invalid provision by one that is valid and that comes as close as possible to achieving the economic objective of the invalid provision.