Name: Cleys BV
Telephone: +32 3 877 93 23
Rating: 4.8

Terms and conditions

Terms and conditions Cleys bv

Company details: Cleys BV, Grote Baan 54, 9250 Waasmunster

VAT number: BE 0471.821.955.

Contact: [email protected] | +32 3 877 93 23

Bank account number: BE58 7370 5026 9079

Art 1. Scope of Application

These general terms and conditions apply to all quotations, price estimates, and agreements of Cleys BV, to the exclusion of the customer's general terms and conditions. Acceptance of a quotation from Cleys BV implies full and unconditional acceptance of these terms and conditions.

Art 2. Quotations

All quotations provided by Cleys BV are valid for a period of 30 days from the date of the quotation. Any changes to the quotation or the agreement always require the express written approval of Cleys BV.

Art 3. Safety Glass

The customer is responsible for knowing and correctly applying the applicable safety glass standards for their project. Safety glass is only included in the agreement if explicitly stated in writing in the quotation.

Art 4. Execution Period

The execution timeframes specified by Cleys BV are indicative. Except in cases of intent or gross negligence, exceeding this timeframe does not entitle the customer to compensation or dissolution of the agreement. For private consumers, in the event of an unreasonably long delay not attributable to force majeure, the customer may issue a written notice of default to Cleys BV, granting a reasonable period for remedy.

Art 5. Payment and Consequences of Non-Payment

5.1. We believe in clear agreements so that you know exactly what to expect. Unless we have made alternative written agreements prior to the approval of the quotation, our standard payment schedule for projects is as follows:

Upon approval of the quotation, an advance invoice for 40% of the agreed quotation price will be issued. The advance payment is invoiced in accordance with the details and payment terms stated on the advance invoice.

The remaining amount is invoiced according to progress. The next payment installment is invoiced at the start of the work, and a final installment of 10% is retained until full completion of the work.

The full agreed price, with the exception of the final 10% installment, must be settled prior to the installation of the exterior joinery, the installation of energy applications, or the application of the final finish layer or floor screed/covering.

We request that you settle our invoices within 8 calendar days of the invoice date. Do you have questions or remarks regarding the execution? We are happy to resolve them with you, but to keep our administration running smoothly, this does not suspend the payment obligation.

Would you like the invoice made out in the name of another party? That is not a problem, provided that you, as our direct client, remain guarantor and jointly and severally liable for payment. Finally: "Your granted commercial discounts remain valid as long as our mutual agreements and payment terms are correctly observed."

5.2. Penalties for late payment by consumers (B2C): If a private customer (consumer) fails to pay an invoice on time, a free first reminder will be sent via email. Following the dispatch of this reminder, the consumer has a statutory waiting period of 14 calendar days (starting on the calendar day following dispatch via email). If the consumer has still not paid after this period expires, the following penalties apply by operation of law and without further notice of default:

Late payment interest: Calculated at the statutory reference interest rate plus 8 percentage points (in accordance with the Law of 2 August 2002), starting from the calendar day following the dispatch of the first reminder.
A fixed compensation fee (liquidated damages):
- For an outstanding balance up to € 150: € 20.
- For an outstanding balance between € 150.01 and € 500: € 30 plus 10% of the amount exceeding € 150.
- For an outstanding balance above € 500: € 65 plus 5% of the amount exceeding € 500, with an absolute maximum of € 2,000.

5.3. Penalties for late payment by commercial clients (B2B): If a business customer (company/enterprise) fails to pay an invoice on time, no prior reminder or waiting period is required. By operation of law and without prior notice of default, late payment interest of 1% per month is due, with any started month counted as a full month. In addition, the business customer owes fixed liquidated damages of 10% on the outstanding invoice amount, with an absolute minimum of € 250, without prejudice to Cleys BV's right to prove and claim higher actual damages suffered.

5.4. Legal Reciprocity (Only for consumers - B2C): In accordance with legal obligations, Cleys BV guarantees reciprocity. If Cleys BV seriously defaults on its contractual obligations towards a private consumer (and this occurs after a written notice of default where a reasonable period for remedy was not respected), the consumer is entitled to equivalent compensation and/or interest, calculated according to the same legal caps and percentages as mentioned in Article 5.2.

Art 6. Price Revision

If no advance payment has been made, Cleys BV reserves the right to revise the agreed prices in the event of an increase in wages or material costs. This revision shall be carried out using the legally permitted formula.

Art 7. Force Majeure

Unforeseen circumstances and force majeure situations (such as strikes, weather conditions, delivery issues with suppliers, staffing levels) suspend the execution timeframe by operation of law. They also grant Cleys BV the right to revise the agreement by mutual consent or to unilaterally terminate it, without entitling the customer to any compensation.

Art 8. Retention of Title

All materials delivered and installed remain the exclusive property of Cleys BV until full payment of the total project value and any interest or damages. In the event of non-payment, Cleys BV has the right to repossess the materials at the customer's expense, wherever they may be located.

Art 9. Modifications and Additional Work

Any additional work or modification to the original assignment requires prior written agreement from both parties. Reductions in work requested by the customer are limited to a maximum of 5% of the original total price and may be refused by Cleys BV at any time.

Art 10. Termination and Cancellation

10.1. Immediate termination upon breach of contract or bankruptcy: In the event of default, material breach, or bankruptcy of the customer, Cleys BV has the right to terminate the agreement immediately, by operation of law and without prior judicial intervention, via written notification, without prejudice to the right to compensation for damages incurred as a result.

10.2. Cancellation by a commercial client (B2B): If a business customer (company or self-employed individual) unilaterally cancels an accepted quotation or ongoing agreement, they owe fixed liquidated damages of 40% of the total project value by operation of law and without prior notice of default. This amount will be increased by full reimbursement of all costs already incurred (such as materials already ordered or custom-made) and actual lost profits.

10.3. Cancellation by a private customer (consumer - B2C): If a private customer (consumer) unilaterally cancels the agreement, Cleys BV is entitled to reimbursement for work already performed and costs incurred (such as materials specially ordered or produced for the customer), plus compensation for lost profits fixed at 20% of the remaining project sum. If the cancellation occurs after the materials have already gone into production or the work on site has started, this fixed compensation for lost profits increases to 40% of the remaining project sum.

10.4. Legal Reciprocity upon cancellation (Only for consumers - B2C): If Cleys BV unilaterally cancels or permanently terminates the agreement with a private customer outside cases of force majeure or default by the customer, the consumer is entitled to equivalent compensation of 20% or 40% of the project sum respectively (depending on the status of production/work at the time of cancellation), calculated in accordance with the rules in Article 10.3.

Art 11. Liability and Complaints

11.1. Limitation of liability (General & B2B): For commercial clients, Cleys BV's liability is strictly limited to cases of intent or gross negligence, and is capped at all times to the actual invoice value of the project. Indirect damages, consequential damages, or lost profits will under no circumstances be compensated. A slight color variation or minor deviation in dimensions shall not be considered a defect. In the case of hidden defects or non-conformity, Cleys BV's intervention for business clients is limited to supplying replacement material free of charge (with a value equal to the defective goods). Cleys BV is not liable to commercial clients for further compensation regarding dismantling, reinstallation, delays, or other additional costs.

11.2. Statutory warranty for consumers (B2C): For private consumers, the statutory warranty rules regarding hidden defects and conformity under the Civil Code apply. The exclusions of costs for dismantling or reinstallation from Article 11.1 do not apply to consumers to the extent prohibited by law.

11.3. Timeframe for complaints: Under penalty of forfeiture, all complaints regarding visible defects or the execution of work must be reported to Cleys BV in writing and in detail within 7 days after execution or delivery. A slight color variation or minor deviation in dimensions shall not be considered a defect. Damage to windows, doors, or other building elements after the removal of protective materials cannot form the basis of a complaint if attributable to the condition of the building element (e.g., aged condition).

11.4. Confidentiality and Public Communication: Complaints require prior, discrete, and direct consultation with Cleys BV at all times. Public communication, online defamation, or the dissemination of inaccuracies (including on social media) prior to or during the resolution of a dispute is strictly prohibited. In the event of a breach of this provision, the customer is fully responsible for all reputational damage and resulting financial loss incurred by Cleys BV.

Art 12. Completion and Handover

Minor, non-essential defects (representing less than 10% of the total project value) do not prevent the payment of outstanding invoices. Unanswered written requests for completion shall automatically be deemed accepted and approved by the customer after 15 days. Window sills follow Cleys BV's standard installation method and are placed between the reveals. The balance invoice follows immediately upon provisional completion and must be paid by the customer within the stipulated payment timeframe.

Art 13. Risk

The risk of damage, loss, or destruction of materials and goods transfers to the customer as delivery or the performance of work on site progresses.

Art 14. Site Preparation and Accessibility

The customer shall ensure, at their own responsibility and expense, that all necessary permits, utilities, and sanitary facilities are available in a timely manner and that Cleys BV has free and safe access to the site (with a clear workspace of at least 2 meters around the dwelling). If objects or obstacles are in the way, the customer must remove them beforehand. Cleys BV may charge a fixed fee of € 250 for the manual or mechanical removal of obstacles per object or per 50 kg weight unit. Cleys BV is not liable for damage to objects around or on the house that were not removed in time. If passage through the dwelling is necessary, the owner/customer is solely liable for protecting floors and walls.

Art 15. VAT Rate

The application of the reduced VAT rate of 6% (for the renovation of a private dwelling at least 10 years old) is subject to approval by the tax administration. It is the customer's exclusive responsibility to ensure that the correct VAT rate is applied based on the actual condition of the dwelling. In the absence of a written and reasoned protest within one month of the invoice date, the customer is deemed to acknowledge that: (1) the work is performed on a dwelling whose first occupation occurred at least 10 years ago, (2) the dwelling is used exclusively or principally as a private residence after the work, and (3) the work is provided to a final consumer. If it transpires that these conditions are not met, the customer shall be liable for the payment of the remaining VAT rate (21%) and any tax fines.

Art 16. Grants and Subsidies

Cleys BV provides information regarding grants or subsidies purely for informational purposes and is under no circumstances responsible or liable for whether or not the customer obtains these grants or subsidies.

Art 17. Suspensive Conditions

Where the agreement, if expressly stated by the customer, is subject to suspensive conditions, the following provisions shall apply unless we have mutually agreed otherwise in writing prior to the approval of the quotation:

17.1. Financing Condition: The customer is granted a period of 6 weeks following the signing of the quote to obtain approval for a loan up to a maximum amount equal to the total project sum under market-standard terms. In the event of a refusal, the customer must notify Cleys BV in writing via registered letter before the expiration of this period. This notification must be accompanied by at least 3 written, reasoned refusal certificates from recognized Belgian credit institutions, unequivocally proving that the loan application related to the execution of the quote in question and covered no more than the full quote amount.

17.2. Urban Planning Permit Condition: This suspensive condition applies for a maximum period of 4 months following the signing of the agreement. The customer undertakes to submit the complete permit application no later than 30 days after signing and to provide proof of its admissibility and completeness to Cleys BV. If the permit is refused, the customer shall notify Cleys BV thereof by registered letter no later than prior to the expiration of the aforementioned period. This letter must contain the official refusal decision from the authorities, demonstrating that the content of the application matched the quoted works exactly.

17.3. Non-submission or Late Submission of Supporting Evidence: The customer bears full responsibility for informing Cleys BV in a timely and correct manner. If the customer fails to notify Cleys BV of the refusal by registered letter with the required supporting evidence on or before the due date, the suspensive condition shall be deemed fulfilled as a matter of law, and the agreement becomes definitively binding. This immediately entails two specific consequences:

Lapse of schedule and price guarantee: Following the expiration date, Cleys BV is no longer bound by the allocated planning capacity or the quoted prices. In the event of a later commencement, Cleys BV reserves the right to unilaterally adjust the schedule according to availability and to revise rates in accordance with current market prices.
Compensation upon cancellation: If the customer unilaterally terminates the agreement or refuses the commencement of the works after the contract has become definitive due to the expiration of the term, the fixed-rate compensation in accordance with Article 10 of these general terms and conditions shall be due immediately and in full.

Art 18. GDPR / Privacy

Personal data of the customer will be processed by Cleys BV for the execution and management of the agreement, accounting, and direct marketing, all in strict compliance with legal data protection regulations (GDPR).

Art 19. Applicable Law and Jurisdiction

Belgian law applies exclusively to all quotations, agreements, and disputes between the parties.

For commercial clients (B2B), the courts of the judicial district in which Cleys BV's registered office is located (district of Dendermonde) have exclusive jurisdiction.

For private consumers (B2C), the courts prescribed by Article 624 of the Belgian Judicial Code (usually the court of the consumer's place of residence) have jurisdiction.

Art 20. Right of Withdrawal (Only for distance sales / off-premises sales)

Private consumers have a statutory right of withdrawal of 14 days for agreements concluded at a distance or outside Cleys BV's sales premises. This right must be exercised via written or registered notice to Cleys BV's head office. The right of withdrawal expires once the actual performance of the work has started with the express consent of the consumer prior to the expiration of the 14 days.

Art 21. Ten-Year Liability

The actual commencement of work on site serves definitively as the start date for the contractor's statutory ten-year liability for serious defects compromising the stability of the building (in accordance with Articles 1792 and 2270 of the Civil Code).

Herman F. (Edegem) - "Highly professional installation of facade insulation at a competitive price. Rarely have I seen so much effort made to minimize disruption and tidy up so thoroughly after the work. Top-notch work!"

Johan B. (Deurne) - "Cleys bv professionally insulated our rear facade and made it presentable again with crepi."

Isabel Nuyttens (Sint-Niklaas) - "This company has many strengths: Speed: communication, site visit, quotation, and delivery. Communication: friendly and quick response to questions via email. Focus on a personal approach and customer service. Reliability and solid quality. Simplicity: the quote is clearly laid out, options can be easily adjusted, and they give clear advice about the materials and options. Customer friendliness: all staff are very sympathetic and take your wishes into account. Payments: are transparent and made in installments. This company is the right choice if you prioritize good communication, clear agreements, sustainable, long-term solutions, and quality without any headaches."

Laurent P. (Edegem) - "Insulation of apartment facade, more than satisfied with this company! From quotation to completion: professional approach, always willing to provide more information. The installation team works extremely punctually and competently."

Christine H. (Gent) - "From quotation to delivery, everyone provided perfect support... friendly... helpful with our questions... a top company... the end result is superb, thanks to everyone."

Ellen VL - "Very satisfied with this ‘young’ company. After visiting the site, we received a very clear and accurate quote. Excellent value for money. They respond very quickly to emails. The work was carried out very smoothly. Hats off to the team that came to work for us. The site was also left very tidy afterwards. We definitely recommend Cleys!"

FD - "Net ons oud huisje in een nieuw jasje laten steken door Cleys. Heel tevreden van het resultaat. Van de verkoper tot de laatste man op de stelling is alles vlot verlopen! Werfleider Cedric volgde voor ons alles op zodat de kleinste details en vragen direct werden aangepakt. Zeker een bedrijf om aan te raden!"

Anke D. (Kruibeke) - "Very satisfied with this company, very quick, friendly, and personal contact, our side wall was sprayed with cork in record time."

Thomas (Gent) - "Cleys exceeded all expectations with the renovation of our terraced house's facade! We appreciated the smooth communication with everyone involved, the manager, site supervisor, and craftsmen, as well as the accurate planning. Diego, our site supervisor, doesn't sell empty promises, but sound advice based on practical experience."

Greet D. - "We had our facade insulated and covered with crepi. We are very satisfied with our collaboration with Cleys. A professional team from quotation to delivery. Everything was cleaned up nicely at the end of the work. Good guidance from site manager Diego. And a fantastic end result. Thank you, everyone."

Bert DH (Beveren) - "We would like to express our sincere thanks and admiration for the CLEYS team. From the first contact to the final finish, the collaboration went smoothly. They carried out both our facade renovation and roof renovation with the utmost care and craftsmanship, and the end result is simply beautiful! The CLEYS team excels in professionalism and customer focus. They kept us informed of every step in the process and always worked according to plan, without delays. What's more, we immediately noticed how meticulous and detailed their work was. Their eye for detail made all the difference and ensured a finish that exceeded our expectations."

VN - "We zijn ontzettend tevreden over het werk van werfleider Louis en zijn team. Ze hebben onze woning voorzien van spuitkurk en het resultaat mag er zeker zijn! Alles werd proper, netjes en met veel zorg uitgevoerd. Ook de afwerking is uitstekend."

BY - "Onder begeleiding van Samet, die de werf opstart en echt voor je klaar staat, worden de werken met Alin zijn team gestart en uitgevoerd. En dit team werkt hard, doet fantastisch hun best, werken door en werken netjes. De werken zijn goed uitgevoerd en bouwafval is zeer snel verwijderd. Ik ben waanzinnig tevreden over de uitvoering van het project en ik kan dit uitvoerings team incl. de werfleiders aanbevelen."

DV - "Heel tevreden over het eindresultaat van de werken. Valentina is top en de ploeg zijn echte werkmensen. Ook het opkuisen is goed gedaan. Dank u wel!"

CL - "Onze ervaring met Cleys is zeer positief. Het is een bedrijf dat echt klantgericht werkt en de tijd neemt om elk project volledig af te stemmen op de wensen van de klant. Vandaag hebben we de kleur van onze toekomstige houten ramen gekozen. De heer Lerno kwam langs met een kleurenwaaier van een vijftigtal tinten, waardoor we heel wat mogelijkheden konden vergelijken. Uiteindelijk hebben we gekozen voor een andere kleur dan we oorspronkelijk in gedachten hadden, en we zijn erg tevreden met die keuze. Nu kijken we vol verwachting uit naar de uitvoering van ons project."

W - "Zeer mooi resultaat door team Landi en Wesley. Dit ondanks de moeilijke weersomstandigheden (eerst regen, dan hitte). Heldere communicatie, netjes afgewerkt en met oog voor detail en zorg voor de omgeving rond de werf. Wij zijn zeer tevreden!"

AV - "Wij hebben grote renovatiewerken (isolatie en crepi) laten uitvoeren door de firma Cleys. Wij zijn bijzonder tevreden over het volledige traject. De werken zijn vakkundig uitgevoerd, met oog voor kwaliteit en afwerking, tot in de details. Een speciale dank ook aan onze werfleider Wesley. Hij was steeds bereikbaar, de communicatie was perfect en hij heeft het project opgevolgd van a tot z. We zijn heel tevreden met het eindresultaat dus een dikke dankjewel aan het hele Cleys team!"

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