Terms of Sale

I. COMPANY DETAILS

FRP Europe BV
Registered office: Industriepark “De Bruwaan” 27 bus D, 9700 Oudenaarde
Company number: 0459 202 453

II. GENERAL PROVISIONS

2.1. Unless otherwise agreed in writing, these general terms and conditions of sale apply to every agreement between FRP EUROPE and the customer.

2.2. By entering into the agreement, the customer declares that they have read and accepted the general terms and conditions of sale. The customer agrees to the application of these terms to the exclusion of all others.

2.3. The customer’s own general terms and conditions are not applicable.

III. PRICE QUOTATION

All price quotations are non-binding and do not commit FRP EUROPE until they are accepted by the customer.

IV. DELIVERY

4.1. Goods are transported at the customer’s risk, even if transport costs are included in the price.

4.2. The customer must provide the necessary workforce and materials immediately upon the arrival of the goods to facilitate prompt unloading. Failure to do so will result in any resulting costs being charged to the customer.

4.3. FRP EUROPE is only obliged to deliver to locations that are reasonably accessible given the transport methods used for full loads. If this is not possible, delivery will occur as close as feasible to the site or warehouse, at the customer’s risk.

4.4. Packaging must be returned in the same condition and at the customer’s expense within 30 days of delivery. If the packaging is returned in poor condition, the customer is liable for damages. Such packaging will only be kept for 15 days for inspection by the customer.

4.5. Delivered goods are not taken back unless otherwise agreed in writing.In case of a written agreement, returns will be accepted at 70% of the price. Only unused and undamaged materials in unopened packaging are eligible for return. Full boxes of floor and wall tiles and full pallets of bricks, tiles, etc., are required for returns. In any case, returns will not be accepted after three months from the date of purchase.

 

V. ACCEPTANCE AND COMPLAINTS

5.1. Receipt of goods by the customer constitutes acceptance of the goods.

5.2. The use of delivered goods implies acceptance.

5.3. Visible defects must be reported in writing by the customer within three working days of receipt of the goods, specifying the defects in detail.
After this period, the customer is deemed to have accepted the defects.

5.4. Hidden defects must be reported in writing within five working days of discovery, specifying the defects in detail.After this period, the customer is deemed to have accepted the defects. Furthermore, FRP EUROPE is not liable for hidden defects discovered after six months from delivery.Legal action regarding hidden defects must be initiated within three months of discovery, failing which it will be inadmissible.

5.5. Complaints regarding invoices must be submitted in writing within three working days of the invoice date, specifying the details.
After this period, the invoice is deemed accepted by the customer.

5.6. Submitting a complaint does not entitle the customer to suspend payment.

5.7. FRP EUROPE commits to investigating complaints without delay.

5.8. Goods subject to a complaint must be preserved by the customer in the condition they were in at the time of receipt until FRP EUROPE investigates the complaint.

5.9. Delivered materials are in principle not accepted for return. Exceptionally, a return may be permitted, but only under specific conditions. This applies exclusively to stock products and not to special orders. The goods must be returned in their original and undamaged packaging. Partially used packaging is under no circumstances eligible for return. Furthermore, a return can only take place within 30 days of the invoice date. If a return is approved, 70% of the invoiced amount will be credited. Deviations from these conditions are only possible with prior written approval.

 

5.10. If FRP EUROPE considers the complaint justified, it will replace the defective goods. If replacement is impossible, the price will be refunded. The customer is not entitled to additional compensation.

5.11. Samples are provided or shown for illustrative purposes only. Variations in shade or size that fall within acceptable industry norms do not constitute grounds for complaints, nor do differences between various deliveries.

5.12. In case of disputes about material quality, the seller’s liability is limited to the extent covered by the manufacturer or main distributor.

VI. DELIVERY TIME

6.1. Any delivery times stated by FRP EUROPE are indicative and non-binding.

6.2. Exceeding the stated delivery time does not entitle the customer to any form of compensation.

VII. PAYMENT

7.1. Unless otherwise agreed in writing, goods are payable upon delivery.

7.2. In case of non-payment by the due date, the customer will automatically owe interest at the legal rate for late payments in commercial transactions, as well as a penalty of 10% on the unpaid amount (minimum €50.00), without prior notice.

Any reminder and collection costs will also be charged to the customer.

7.3. In case of late payment, FRP EUROPE reserves the right to suspend its obligations under the agreement.

7.4. All taxes or charges related to the materials or their transport are borne by the customer, even if imposed after the agreement is concluded.

VIII. RETENTION OF TITLE

8.1. Goods remain the property of FRP EUROPE until the customer has paid the price in full.

8.2. Despite retention of title, the risk of loss or damage to the goods passes to the customer upon conclusion of the agreement.

 

IX. RETURN POLICY

9.1. The final decision regarding the acceptance of a product return lies with the designated responsible person within our company.

9.2. Return requests will only be accepted if submitted within 30 calendar days following the invoice date.

9.3. Only products in their original, undamaged, and unopened packaging are eligible for return.

9.4 Returns are only accepted for standard stock items. Custom-made or specially ordered products cannot be returned.

9.5 If a return is accepted, the reimbursement will be made at 85% of the originally invoiced amount.

X. TERMINATION OF THE AGREEMENT

10.1. Circumstances beyond the control of FRP EUROPE, which render the execution of the agreement unreasonable, such as war, mobilization, import/export restrictions, governmental measures, transport disruptions, strikes, supplier insolvencies, etc., entitle FRP EUROPE to terminate the agreement without compensation.

10.2. FRP Europe BV behoudt zich het recht voor om de overeenkomst te beëindigen in geval van veranderingen in de toestand van de klant, zoals zijn overlijden, ontzetting, opsluiting of iedere andere beperking van zijn bekwaamheid, zijn gerechtelijke reorganisa- tie of faillissement.

XI. DISPUTES

11.1. Belgian law applies to any disputes arising from the sale of goods by FRP EUROPE.

11.2. The competent court is determined by the location of FRP EUROPE’s registered office.

 

XII. PROCESSING OF PERSONAL DATA

12.1. The customer consents to the processing of their personal data by FRP EUROPE, as the data controller.

12.2. Data processing complies with Regulation (EU) 2016/679 (GDPR) and the Belgian Data Protection Act of July 30, 2018.

12.3. Personal data is processed solely for contract execution, customer management, and direct marketing purposes.

12.4. The customer is responsible for the accuracy of the provided data and must notify the data controller of any changes without delay.