Privacy policy

Terms and conditions

Article 1 - Scope and acceptance
1.1 These General Terms and Conditions apply to every offer, quotation and agreement concluded with regard to goods and/or services offered by Cleys. These General Terms and Conditions apply to the exclusion of the Client's general terms and conditions.

1.2 Every order, order or agreement with the quotation implies acceptance of these General Terms and Conditions, without any reservation, by the Client who declares that he has become aware of them in a language that he understands before the conclusion of the agreement. By accepting these General Terms and Conditions, the Client acknowledges that each of these terms and conditions is genuinely intended and that none of these terms and conditions, individually or collectively, creates a manifest imbalance in the agreement between Cleys and the Client. These conditions were taken into account when determining the price

Article 2 - Period of validity of tenders

2.1 Unless otherwise stated, our offers are only valid for a period of 30 calendar days. We are only bound by our quotations if the acceptance by the customer reaches us within this period. Changes made to our offers are only valid if they have been accepted by us in writing.

Article 3 - Execution period

3.1 Cleys BV tries to comply with the execution deadlines of its customers as much as possible, but can never be held liable or financially penalized for not meeting the execution deadlines discussed in advance.

Article 4 - Payment

4.1 The price of the contract will be invoiced in several instalments as the works progress. An advance of 40% must be paid by agreement. The advance will ensure that price increases (of materials, wages, social security contributions, etc.) are not passed on to the customer in accordance with Article 5. An interim invoice of 50% is sent at start-up. 90% of the quotation amount must be paid before the finishing layer is applied to the façade (crepi, spray cork, stone slips, etc.) or before the tiles are laid on the roof. The balance of 10% will be invoiced after the application of the finishing layer. VAT, other levies and charges, and their changes, are always at the expense of the co-contracting party. Invoices must be paid within 8 days of their dispatch at the latest. If this does not happen, the amounts due will automatically and without notice of default yield interest at a rate of 1% per month, with each month started counting as a full month. In addition, the amounts due but not paid on the due date will be increased by operation of law and without notice of default by a fixed compensation of 10% of the amount still due, with a minimum of € 250 in addition to administrative costs and court costs.

4.2 The prices on the quotation are indicated as market type "FH", this means that the prices are fixed and are therefore fixed. The prices indicated by market type "VH", this means that the prices are variable depending on the exact quantity, surface area or number of running meters... If there is no indication, the prices are FH.

4.3 The submission of complaints during the performance of the work does not relieve the Client of the obligation to pay the invoices sent on time.

4.4 If the Client is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, the same fees are due, but only after notice of default. In addition, all other debts against the Client that have not yet fallen due and payable shall become immediately due and payable by operation of law. By accepting these General Terms and Conditions, the Client acknowledges that the aforementioned lump sum compensation is proportionate to the disadvantage suffered by Cleys as a result of the delay in payment. The foregoing applies without prejudice to Cleys' right to claim higher compensation, subject to proof of higher actual damage.

4.5 Cleys is entitled to suspend its obligations towards the Client or to dissolve the agreement if the Client fails to fulfil its payment obligation.

4.6 If the invoice has been issued in the name of a third party at the Customer's request, the Customer shall remain jointly and severally liable to Cleys for compliance with all obligations arising from these General Terms and Conditions.

Article 5 - Price revision (= only valid if the advance is not paid by agreement)

5.1 Even in the case of an absolute lump sum, any change in wages, social security contributions, the prices of materials or their transport will result in a price revision which will be applied to the relevant invoicing of the work carried out according to the following formula: p = P x (0.40 x s/S + 0.40 x i/I + 0.20) "P" is the amount of the work carried out and "p" is the revised amount. "S" is the average hourly wage determined by the Joint Committee for the Construction Industry in force on the 10th day before the submission of the tender, and increased by the total percentage of social security contributions and insurance accepted by the FPS Economy on that date; "s" is this hourly wage as it was recorded before the start of the work for which partial payment is requested, increased by the total percentage mentioned above that was assumed during that period. 

"I" is the monthly index figure determined by the Committee of the Price List of Building Materials, as in force on the 10th day before the submission of the tender. "i" is the same index figure as it was recorded before the start of the works for which partial payment is requested. If an advance of at least 40% has been paid by agreement, Cleys will not make a price revision.

Article 6 - Unforeseen circumstances

6.1 All circumstances that were reasonably unforeseeable and unavoidable at the time of submission of the offer, and which would make the performance of the agreement financially or otherwise more difficult or more difficult than normally anticipated, will be considered as cases of force majeure. They give us the right to request the revision or rescission of the contract. If these circumstances result in an interruption of the works, the execution period is suspended by operation of law for the duration of the interruption, plus the time needed to restart the site.

Article 7 - Retention of title
7.1 After their incorporation, the materials supplied under this agreement remain the property of Cleys and the Client is only the owner of them until the price has been paid in full.
7.2 Cleys may, after prior written notice of default to the customer for non-compliance with its payment obligation, disassemble and take back the materials, goods or installations without the customer's consent. This right lapses and ownership is transferred as soon as the customer has paid all his debts (= the remaining part of the agreed quotation price) to Cleys. In any event, the aforementioned rights must be exercised in good faith.

Article 8 - Modifications and contract variations

8.1 All modifications or additional works ordered by the contracting party as well as the determination of the price therefor require the prior agreement of both parties and can be proven by all legal remedies.

8.2 Reduced work can be requested from Cleys. Contract reductions may not exceed 5% of the agreed quotation price.

Article 9. Termination and revision of the agreement
9.1 The contract may be terminated by Cleys at any time, unilaterally and without prior judicial intervention, in respect of all or part not yet performed, in the event that the Client is bankrupt or in a judicial composition, confidence in the Client's creditworthiness is shaken by acts of judicial enforcement, in the event of liquidation or cessation of the Client's activities or if the Client commits a serious breach of contract such as the failure to do so. timely payment of the invoices. In that case, Cleys is also entitled not to proceed with the delivery of the goods and/or services or to stop further deliveries, without any compensation being due.
9.2 If the Customer cancels an order placed or terminates a concluded agreement, a lump sum compensation equal to 40% of the amount of the order will be due, without prejudice to Cleys' right to claim full compensation for the damage incurred in accordance with Article 1794 of the Old Civil Code. The work that has already been carried out and/or the goods that have already been ordered with a view to the work to be carried out must be fully compensated by the Client. By accepting these General Terms and Conditions, the Client acknowledges that the aforementioned lump sum compensation is proportionate to the disadvantage suffered by Cleys in the event of termination of the agreement by the Client in accordance with this article.

9.3 The advance amount cannot be reclaimed if the reason for non-performance is due to a case of insolvency.

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Article 10. Liability and complaint submission
10.1 Cleys is only liable for non-compliance with its contractual obligations if and only insofar as that damage is caused by its gross negligence or fraud. It is not liable for other errors.
10.2 Cleys is never liable for indirect damage and costs (such as loss of profit, missed savings, missed premiums, etc.). Cleys' liability for the entire order is in any case limited to the amount of the price stipulated for that order (excl. VAT).
10.3 Cleys' guarantee is limited to the guarantee for hidden defects provided for in the Old Civil Code. The following are not considered to be defects in conformity, visible or hidden: slight differences in colour or slight differences in the dimensions of an item.
10.4 In order to be admissible, complaints must reach Cleys in writing (by registered mail or by e-mail to [email protected] no later than 7 calendar days after the provision of services, or in the case of hidden defects, no later than 7 calendar days after discovery of the defect or after the time when such discovery could reasonably have occurred. The commissioning of the works carried out covers any possible defect or non-conformity that could then be detected. The Client bears the risk if the Client has failed to carry out the necessary tests after delivery and/or execution. In the event that the specific legal guarantee rules of Article 1792 of the Old Civil Code apply, the provisional acceptance will be the starting date for the guarantee period.
10.5 If hidden defects or damage are found in the event of non-conforming services, Cleys will provide material (corresponding to the value of the defective materials) free of charge to remedy the defect or damage, but can never be held liable for any other compensation such as costs for relocation or demolition, delay costs or any other costs whatsoever.

Article 11 - Delivery(s)

11.1 As soon as the works have been completed, the Client must proceed with the complete delivery of the works. Minor imperfections or unfinished items, the value of which is less than 10% of the contract price, can under no circumstances be invoked to refuse invoices received.

If the client fails to participate in this delivery, or to be validly represented within 15 days of being requested to do so, the entire acceptance will be deemed to have been obtained from the end of the aforementioned 15-day period. The complete acceptance entails the approval by the client of the works that are delivered and excludes any appeal for visible defects. The date of the start of the works determines the starting point of the ten-year liability.

Article 12 - Transfer of risks

12.1 The transfer of risks referred to in Articles 1788 and 1789 of the Civil Code takes place as the execution of the works or the delivery of the materials, goods or installations progresses.

Article 13 – Environment and preparation

13.1 Before starting the works, the customer is aware of the following:

• Unless otherwise agreed, the necessary permits and intakes of the public domain are at the expense of the client.
• Water, electricity and a (site) toilet will be provided by the customer before the works start. If this is not the case, Cleys will provide water, electricity and/or a site toilet at the customer's expense.
• All objects on the façade or roof that prevent or delay the treatment of the façade or roof (lamps, cables, awning, heat pumps, outdoor units, etc.) will be removed by the customer. If these objects are not removed, Cleys may charge the customer a fee of EUR 250 per object for the removal of these objects. Cleys is not liable for damage to these objects that have not been removed by the customer.
• The facades must be accessible and free. All objects must be at least 2 meters away from the facades or walls to be treated. If objects prevent the accessibility of the facades, Cleys BV can charge a fee of 250 EUR per object (1 object is a maximum of 50 kg, if an object weighs more than 50 kg, this counts for 2 objects, ...)  charge the customer for the removal of these objects. Cleys is not liable for damage to loose objects or fixed objects within a distance of 2m from the property to be treated.
• When passing through the house (in the case of terraced houses or apartments), the customer must also take his/her own precautions to protect the house and prevent damage. The installation of protection cardboard on the interior floor is at the expense of the customer, as well as the removal of furniture and protection of the entire passage.
• The customer must always remove fly screens or mosquito nets himself as soon as Cleys BV starts the work on site, unless otherwise agreed. Cleys BV is not liable for damage to mosquito nets or fly screens.
• Damage to exterior joinery, resulting from protective materials that Cleys BV uses to protect the exterior joinery, is not the liability of Cleys BV.

Article 14 - VAT 6%

14.1 In the absence of written opposition within a period of one month from the receipt of the invoice, the Client shall be deemed to acknowledge that (1) the works are carried out on a dwelling whose first occupation took place in a calendar year preceding at least ten years prior to the date of the first invoice relating to those works,  (2) the dwelling, after the works have been carried out, is used exclusively or mainly as a private dwelling and (3) the works are provided and invoiced to a final consumer. If at least one of those conditions is not met, the standard VAT rate of 21% will apply and the customer will be liable for the payment of the tax, interest and fines due in respect of those conditions."

Article 15 - Premies

15.1 Cleys BV is not bound by any premium applications that are promised or promised by governments, regions or other bodies. We do not accept any liability for not obtaining, missing out or not receiving on time any premium, subsidy, compensation or other financial benefits to which the client may be entitled.

The Client acknowledges that obtaining such awards is subject to the applicable regulations, procedures and conditions of the relevant public authorities, and that we have no control over them.
 

Article 16 - Nullity and completeness
16.1 These General Terms and Conditions constitute the entire agreement between the Customer and Cleys with respect to the subject matter contained therein. Modification of one or more of the clauses does not entail any modification of the other clauses that remain strictly applicable.
16.2 If any provision of these Terms and Conditions is declared to be excessively broad, the provision shall, notwithstanding this fact, be enforceable to the maximum extent permitted by law. If any provision of these General Terms and Conditions is deemed to be invalid in its entirety, the Client and Cleys shall replace it in good faith with a provision that comes as close as possible to the economic effect of the provision declared invalid. In any case, the possible nullity of a provision in the General Terms and Conditions does not result in the nullity of (one) (of) the other provisions.

Article 17 - Processing of personal data (GDPR)
17.1 We collect and process the personal data that we receive from you for the purpose of the performance of the agreement, customer management, accounting and direct marketing activities. The legal grounds are the performance of the agreement, the fulfilment of legal and regulatory obligations and/or the legitimate interest.
17.2 The controller is Cleys, Grote Baan 54 Waasmunster. This personal data will only be passed on to processors, recipients and/or third parties insofar as this is necessary in the context of the aforementioned purposes for the processing.
17.3 The customer is responsible for the accuracy of the personal data he provides to us and undertakes to comply with the General Data Protection Regulation with regard to the persons whose personal data he has provided to us, as well as with regard to any personal data he may receive from us and our employees.
17.4 The customer confirms that he has been adequately informed about the processing of his personal data and about his rights to inspection, correction, deletion and objection.

Article 18. Jurisdiction and applicable law.
18.1 Belgian law applies to all disputes relating to or arising from Cleys' offers and/or agreements.
18.2 In the event of disputes or disputes, only the courts of the judicial district of Cleys' registered office shall be competent.

Article 19 - Capacity of the Client right of withdrawal
19.1 In the event that the Client is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, these General Terms and Conditions apply, with the exception of Articles 3 and 10.

19.2 If the Customer is a consumer and the agreement is concluded at a distance or outside Cleys' business premises, the Customer has the right to withdraw from the agreement within 14 calendar days by registered mail to Cleys, Grote Baan 54, 9250 Waasmunster. If the Client gives permission to start the execution of the agreement before the expiry of the right of withdrawal of 14 calendar days. Then the Client loses the right of withdrawal before the expiry of the term. If the Client were to withdraw from the agreement within the aforementioned period after the execution has already started, but before the agreement has been fully executed, the Client will owe Cleys the full agreed price of the project. The Client Company does not have a right of withdrawal.