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1. GENERAL TERMS AND CONDITIONS
1.1 Furnify BV, located at Industrieweg 122W, 9032 Wondelgem, Belgium, registered with the CBE under number 0794.505.818 (“Furnify”), specializes in trading and selling modular furniture and space-saving modules (the “Goods”) and providing services related to the Goods (the “Services”), with the aim of optimizing urban compact spaces. Furnify operates under the brand name “Nurban Space”.
1.2 These terms and conditions (“Terms and Conditions”) apply to all offers, orders, sales, purchases, transactions and agreements between Furnify and its customers (“Customer”), regardless of whether the Customer is a natural person acting outside their professional activities (“Consumer”) or a legal person or natural person acting in a professional capacity (hereinafter referred to as “Parties” or each separately as “Party”). The applicability of the terms and conditions used by the Customer is expressly excluded by Furnify.
2. OFFERS, ORDERS AND AGREEMENTS
2.1 Any offer or quote is not binding and is only a proposal to the Customer to place an order. Only orders by a Customer that have been expressly accepted in writing or fully executed by Furnify and for which a prepayment has been received by Furnify include a binding agreement (the “Agreement”).
2.2 These Terms and Conditions, read together with any specific terms and conditions set out in writing between Furnify and the Customer, constitute the entire Agreement. An order by a Customer means automatic acceptance of these Terms and Conditions. Specific terms and conditions take precedence over these General Terms and Conditions.
2.3 Specifications or samples of Goods shown to the Customer are only indicative and have no contractual value.
2.4 Any services or work performed by Furnify before an Agreement is concluded will be reimbursed in accordance with Furnify's applicable rates.
3. EXECUTION OF THE AGREEMENT
3.1 Furnify has the right to refuse to execute the Agreement if this cannot reasonably be expected due to changed circumstances. Such circumstances include increases in material or transport prices, import or export duties, exchange rates, or inability to delivery/install.
3.2 The Customer does not have the right to cancel or change the order after the Agreement, unless otherwise specified. Furnify can retain advances in the event of a defective cancellation.
3.3 The Customer is obliged to provide all necessary information for the installation of the Goods, including accessibility and location condition.
4. DELIVERY
4.1 Ordered Goods are delivered and installed at the location specified by the Customer. The Customer guarantees that the location is suitable. Property does not become immovable through incorporation.
4.2 The risk of the Goods passes to the Customer upon Delivery, unless transport and Delivery are commissioned by the Customer.
4.3 Delivery terms are communicated upon order confirmation and are indicative. Time limits begin to run from receipt of all necessary information.
4.4 Terms specified by Furnify depend on the circumstances when entering into the Agreement.
4.5 If the delivery period is exceeded due to objective circumstances, the Customer cannot claim compensation, except from Consumers who can terminate the Agreement within 15 days of written notice of default if it exceeds 6 months.
5. INSPECTION AND COMPLAINTS
5.1 The Customer must inspect the Goods immediately upon Delivery for non-compliance and visible defects and report them in writing within 5 calendar days.
5.2 Invisible defects must be reported in writing within 15 calendar days of discovery.
5.3 The Customer is obliged to discontinue use of the Goods upon discovery of defects and to cooperate with research.
6. RETURN POLICY AND RIGHT OF WITHDRAWAL
6.1 Returning Goods is only allowed with written confirmation from Furnify and is carried out by Furnify or a designated third party. Costs are borne by the Customer.
6.2 The Customer is liable for any damage or depreciation of the Goods caused by its own actions.
6.3 Consumers can revoke Goods within 14 calendar days after Delivery, except for customized or personalized Goods. Refunds are made within 30 calendar days using the same payment method.
7. WARRANTY
7.1 Furnify only guarantees functions and quality of the Goods agreed in writing. Other implied warranties are excluded.
7.2 The warranty applies 2 years from Delivery for non-conformity and defects that make Goods unsuitable for normal use, in accordance with articles 1641—1649octies of the Civil Code.
7.3 The warranty does not apply to: defects due to improper use or maintenance, installation by the Customer or third parties, changes, damage due to force majeure, or defects not reported in accordance with Clause 5.
7.4 When delivering Goods from suppliers, Furnify is not obliged to indemnify further than what it can claim from the supplier.
8. INDEMNIFICATION CLAIMS AND REMEDIES
8.1 Customers report defects within 2 months of discovery, in writing, with proof of purchase, proof of Delivery and clear description with photos.
8.2 Warranty is limited to repairing or replacing defective parts.
8.3 In case of a valid claim, Furnify can deliver, repair or give a discount.
8.4 Consumers can demand repair or replacement in the event of an impossibility of reducing prices or cancelling them.
8.5 Minor defects give the right to repair.
8.6 More info: FPS Economy Guarantee
9. PRICES AND PAYMENT
9.1 Offers/quotes usually do not include transport/installation costs; these are borne by the Customer.
9.2 Objective circumstances such as rates or taxes can be passed on.
9.3 Advance payment at closing 30— 50% of purchase price, balance upon Delivery.
9.4 Invoices within 15 days; in case of non-payment, 10% fixed compensation + 10% interest/year.
9.5 Payment facilities are not binding; orders subject to external funding only confirmed after final approval.
10. RETENTION OF TITLE
Ownership is only transferred after full payment. Rental, pledging or use by third parties is not allowed prior to the transfer of ownership.
11. FORCE MAJEURE AND IMPREGNATION
11.1 In the event of force majeure, obligations are suspended. If force majeure lasts >6 months, the Agreement can be terminated without compensation.
11.2 Unforeseen circumstances may lead to new negotiations.
12. LIABILITY
12.1 Liability limited to the total value of the Agreement; incidental or consequential damages excluded, except for the physical injury or death of the Consumer.
12.2 No liability for the negligence of third parties. The customer submits it first.
12.3 No liability for damage due to non-attributable use.
12.4 Claims expire 1 year after being aware of or reasonably being able to take notice.
13. TERMINATION
13.1 In the event of a serious breach, after 15 days of notice of default, the Agreement may be terminated. Serious breaches: non-payment, gross negligence, breach of confidentiality or intellectual property, Non-delivery within 6 months.
13.2 In the event of bankruptcy, suspension, liquidation or attachment, the other Party must be informed immediately.
14. MISCELLANEOUS
14.1 Intellectual Property: Customer may not remove brands or copy or modify Goods.
14.2 Transfer of rights/obligations: Furnify may transfer rights; Customer will be informed, may terminate Agreement.
14.3 Shareability: Invalid provisions do not affect the rest of the Agreement.
14.4 Privacy: Personal data processed in accordance with Furnify's privacy policy.
14.5 Applicable law/forum: Belgian law, Vienna Sales Convention excluded. Competent court: Ghent.
14.6 Changes: Furnify may change Terms and Conditions; continued use means agreement.
End of Terms and Conditions
