GENERAL CONDITIONS
GENERAL CONDITIONS
1. GENERAL PROVISIONS
Unless otherwise stipulated in a specific contract with the client, all offers, contracts, and orders with Villa Torella are exclusively governed by these general conditions of Villa Torella, even if the client’s terms mentioned on purchase orders differ. By placing an order, the client acknowledges having read and accepted these general billing conditions.
After signing the contract or accepting the price offer, an order is deemed accepted as soon as the client has sent the address file where the newspapers should be distributed, along with the distribution date.
2. PAYMENT TERMS
Payment is due on the date indicated on the invoice. Payments will be made by transfer. All payments will be made exclusively by the client.
Unless otherwise stipulated, Villa Torella may decide to accept payment by set-off.
3. COMPLAINTS
The client must immediately report in writing or by email, and no later than within 8 calendar days of the distribution date, with confirmation by registered letter within 10 calendar days after the first notification, any non-compliance related to services provided by Villa Torella. Any failure to report defects results in forfeiture of the client’s rights.
Villa Torella undertakes to make every effort to ensure the quality of its distribution services in accordance with the contractual documents binding the parties. Villa Torella is bound by a best-effort obligation.
Under no circumstances may the client claim damages for Villa Torella’s non-compliance with delivery deadlines.
4. LATE PAYMENT:
Any amount due to Villa Torella that is not paid by the due date automatically generates without notice:
A surcharge of 10% calculated on the amount due with a minimum of 75 EUR as a fixed and compensatory indemnity;
Interest at the legal rate as set by the law of August 2, 2002, concerning the fight against late payments in commercial transactions, until full payment.
Any month started will be considered as a full month for the calculation of interest.
If the delay in payment exceeds 30 days after the due date, Villa Torella may suspend and/or terminate its future delivery services or any ongoing delivery services.
5. INVOICE DISPUTE
Any complaint related to the content or amount of an invoice is only admissible if it is made in writing within 8 calendar days of receipt. Failing that, the invoice is considered accepted without reservation. A complaint cannot justify any delay or suspension of payment.
The customer is prohibited from taking grounds for a claim against Villa Torella in order to defer the settlement of a payment due date in whole or in part.
6. RETENTION OF TITLE / RISK TRANSFER
The goods sold remain the property of Villa Torella until perfect and complete payment of the price in principal and accessories as indicated on the invoice corresponding to the order of these goods. Villa Torella may demand, in this capacity and until full payment of the price, the return of the goods. In addition, if the client is the subject of a judicial reorganization procedure or bankruptcy or any other similar procedure, Villa Torella reserves the right to claim, within the framework of a collective procedure, ownership of the goods sold and remaining unpaid.
The goods sold remain the property of Villa Torella until full payment. The transfer of risk occurs upon delivery of the goods.
7. FORCE MAJEURE
In the event of force majeure, Villa Torella is released from any delivery obligations.
8. APPLICABLE LAW
Belgian law applies exclusively.
9. COMPETENT JURISDICTION
Any dispute regarding the invoice falls under the exclusive jurisdiction of the courts of Brussels.
THE RENTER:
By signing this contract, the renter acknowledges being at least 21 years old, holding a category B driver’s license for over 2 years, and not being subject to a license suspension at the time of rental. Only “the renter who rented the truck” is authorized to drive it. Otherwise, the driver will lose all theft and damage coverage and be held responsible for the full value of the vehicle, which is 38,000 € including VAT.
RENTER IDENTIFICATION:
A copy of the renter's driving license and a valid ID will be provided to the owner before the keys are handed over. The renter agrees that this data will be processed for rental purposes in accordance with GDPR regulations.
PAYMENT OF RENTAL & ADDITIONAL FEES:
The renter agrees to pay the rental price in full before receiving the keys and to reimburse the owner for any fines or fees incurred from traffic violations. In the event of an accident, any deductible retained by the insurance for vehicle damage will be fully borne by the renter.
RENTAL PERIOD:
Any extension of the rental period must be requested in writing and approved in writing by the owner.
CONDITION OF THE VEHICLE:
The owner agrees to provide the renter with a clean and fully fueled vehicle in good working condition. The vehicle must be returned in the same condition, otherwise, a 60 € cleaning fee will be charged. The fuel tank must also be refilled to full.
VEHICLE USE:
Only private use of the vehicle is permitted. In case of lost keys, the renter will be charged for the keys and any related vehicle repatriation fees. The renter must report any issues and return the vehicle in its original condition, otherwise, they will be responsible for damages.
and to use the vehicle as a “good father”. The Renter undertakes to always lock all the doors of the vehicle outside the
driving periods. L In the event of loss of keys and except in cases of force majeure, these will be invoiced to the Tenant as well as, where applicable,
the costs of repatriating the vehicle. The Renter is required to check the oil level every 1,000 km and undertakes to report without delay to the
Owner any anomaly, malfunctions and breakdowns caused to the vehicle during rental. Any complaints regarding
Apparent damage which has not been reported at the time of departure cannot be accepted. The Renter must return the vehicle within
the condition in which he received it and, failing that, will be responsible for damage not noted in the original condition
RENTER'S RESPONSIBILITY:
The renter assumes legal responsibility for the vehicle once the keys are handed over.
IN CASE OF ACCIDENT OR BREAKDOWN:
The renter must immediately inform the owner in case of an accident, fill out an accident report, and notify the authorities in case of injury. All repair costs not covered by insurance will be borne by the renter. In case of a breakdown, the renter must contact the owner and Touring Secours.
In the event of injuries, he will also notify the police authorities. The duly completed amicable, precise and legible report must be submitted to the
Owner upon handing over the keys. The Renter is liable for damage to the vehicle or one of the elements of the vehicle, whatever
their cause, unless the cause is attributable to the Owner. The Tenant is informed that insurance does not intervene in the event of an accident.
implying non-compliance with the height of 3.30m (passing under a bridge that is too small, etc.). As soon as the rental ends, all repair costs
condition not covered by vehicle insurance will be the responsibility of the Renter. In the event of a breakdown, the Tenant will notify the Owner and
will also contact Touring Secours. The repatriation of the horse remains the sole responsibility of the vehicle renter. OUR
insurance only provides for the repatriation of the vehicle as well as the driver and passengers to the nearest garage, in order to be repaired
THEFT OR BREAK-IN:
The renter must immediately report any theft or break-in to local authorities and provide a copy of the police report to the owner within 48 hours. All repair costs not covered by insurance will be borne by the renter.
competent local authorities; he will provide the Owner with a copy of the complaint within 48 hours and, in the event of theft, the keys and documents of the
vehicle, except in cases of force majeure. In the event of theft, the cost of the excess will be immediately payable by the Renter, and will be added
at the rental cost. In the event of a break-in, from the end of the rental, any repair costs will be the responsibility of the Tenant within the limit
of the Extended Franchise. In the event of violations, in accordance with the principle of personality of penalties, the Tenant is responsible for the
offenses committed during the rental period. The Tenant's contact details will be communicated to the competent authorities on
their request. Any incident (theft, break-in, damage, accident) and offense will result in administrative fees being charged in the amount of
of a lump sum amount appearing in article 1 of the aforementioned contract.