General Terms and Conditions

General terms and conditions of sale and delivery B2B

1 Definitions

Buyer: Wabbyfun’s counterparty in any legal relationship concerning the purchase of Products;
Products: The items sold and delivered to Buyer by Wabbyfun;
Terms and Conditions: These general conditions of sale and delivery;
Wabbyfun: business manager Filip Carmans
Hoogveld 40; 3740 Bilzen; Belgium
Phone number: +32 486 158906
Email address:
VAT number: BE0672603245

2 Applicability

2.1 These Terms and Conditions apply to all legal relationships between Wabbyfun and the Buyer, including all
offers made by Wabbyfun to the Buyer, in whatever form they came about (orally, in writing, or via
electronic means).
2.2 Any applicability of the general terms and conditions used by the Buyer is expressly

3 Establishment

3.1 An agreement between Wabbyfun and the Buyer shall only come into effect as soon as Wabbyfun provides the Buyer with a written
confirmation of the Buyer’s order.
3.2 Any offer made by Wabbyfun to the Buyer is without obligation, and expires if it is not accepted within fourteen days of being
dispatched to tye Buyer.
3.3 Additions and amendments to the agreement between Wabbyfun and the Buyer are only effective if
these additions/amendments have been ratified by Wabbyfun in writing.
3.4 Until the moment of delivery of the (first shipment of) Products, the Buyer is entitled to cancel the order.
In that case, the Buyer shall owe compensation to Wabbyfun in the amount of 30% of the invoice value of the complete

4 Prices

4.1 All prices of Products used by Wabbyfun are in euros, exclusive of sales tax and other taxes and
governmental levies, as well as exclusive of any applicable transportation costs, and are subject to reservation of
errors and changes.
4.2 The shipping costs used by Wabbyfun on the website is only an indication of the expected
shipping costs. Wabbyfun is entitled to charge actual shipping costs.

5 Delivery

5.1 A delivery date agreed upon by Wabbyfun will never be a final deadline. Wabbyfun will make every effort to
approximate that delivery time, but shall not be liable for damages resulting from later delivery.
5.2 Delivery of Products shall be Ex Works (Beverst). The transfer of risk occurs when the goods are handed
for transportation to the carrier. Wabbyfun is authorized by the Buyer to conclude a transport- and insurance
contract on behalf of the Buyer.
5.3 Unless otherwise agreed in writing, the delivery of goods shall take place at the Buyer’s business

6 Complaints & Returns

6.1 The Buyer is obliged to check the Products for defects and damage immediately after delivery. All complaints from Buyer
concerning the Products must be submitted in writing by the Buyer to Wabbyfun within 10 days of delivery of the Products,
, stating its reasons (photographs), on penalty of the Buyer forfeiting its right.
6.2 Minor deviations of Products, which cannot be prevented from a technical point of view,
are permissible according to currently prevailing opinion (such as colour deviations) do not constitute a ground for complaint.
6.3 Products that have already been used and/or stripped of their original packaging and label cannot be
returned. Buyer is only authorized to return Products after Wabbyfun has confirmed in writing that it is
willing to take back the Products. This confirmation does not imply acceptance of the correctness of the complaint. Only after
delivery of the returned Products to Wabbyfun’s address, these Products will again be at the expense and risk
of Wabbyfun. After return, Wabbyfun will check the Products and after this check, notify Buyer regarding the
justification of the complaint. The Customer shall bear the cost of returning the Products, unless
Wabbyfun considers the complaint to be justified, in which case Wabbyfun will reimburse the reasonable shipping costs of the Products
to the Buyer.

7 Billing & payment

7.1 Unless otherwise agreed, all deliveries shall be made upon full payment prior to delivery.
7.2 In the event there is an agreed payment term, and payment is not made within that term, then the Buyer is
without further notice in default. From the moment the Buyer is in default, the Buyer will owe a
default interest of 1% of the unpaid amount per month or portion of each month that the default
continues. The Buyer shall also owe extrajudicial costs in the amount of 15% of the unpaid amount,
with a minimum of EUR 150, as well as all court costs and reasonable attorney’s fees.
7.3 In the event of default on the part of the Buyer, Wabbyfun shall be entitled, at Wabbyfun’s option, to suspend the performance of all its obligations to
Buyer to immediately suspend existing obligations or terminate the agreement.
7.4 The Buyer is not authorized to set off any amount it has to claim from Wabbyfun against any amount it owes under
of any invoice is due. The Buyer is never authorized to suspend its obligations to Wabbyfun.

8 Retention of title

8.1 All Products delivered by Wabbyfun to the Buyer remain the property of Wabbyfun, until the Buyer has received all that it has paid to
any account of Wabbyfun.
8.2 The Buyer is obliged to properly insure the Products delivered and to store them with due diligence, including to
keep the Products as the recognizable property of Wabbyfun.
8.3 No right of retention shall accrue to the Customer.

9 Liability & force majeure

9.1 Wabbyfun shall not be liable for damage resulting from the Products it has supplied, unless such damage is
caused by intent and/or gross negligence on the part of Wabbyfun and in which case liability is limited to
the direct damage. Liability for indirect damages, including consequential damages and trading losses, is excluded.
9.2 Wabbyfun’s liability is further limited to the payment made to Wabbyfun in connection with the relevant
damaging fact is awarded by its insurer, to be increased by Wabbyfun’s deductible under that
coverage. If Wabbyfun’s insurer does not pay, or the damage is not covered by any insurance
, then Wabbyfun’s liability is limited to the invoice value of the Products in question.
9.3 In the event of liability on the part of Wabbyfun, Wabbyfun is at all times at its own discretion free to replace the delivered
Products, in which case Buyer shall be obliged to accept the substitute delivery.
9.4 All claims of the Buyer against Wabbyfun are subject to a twelve-month limitation period.
9.5 A failure to fulfill its obligations is not imputable to Wabbyfun in the event of force majeure.
Force majeure means any circumstance beyond the control of Wabbyfun which is of such a nature that
Wabbyfun cannot be expected within reason to fulfil its obligations. In the event of force majeure, Wabbyfun will be
entitled either to extend the delivery time of Products indefinitely or to terminate the agreement with the Buyer,
without being obliged to pay damages to the Customer. Does the period of force majeure exceed 3 months,
then Wabbyfun may dissolve the agreement without becoming liable to the Buyer for damages.

10 Intellectual property rights

10.1 Without prior written permission from Wabbyfun, the Buyer is not permitted to in any way whatsoever:
make images, photographs and other visual material of Wabbyfun and Products sold by Wabbyfun.
10.2 Wabbyfun retains all existing and future intellectual property rights relating to the Products. Nothing
in the agreement or these Terms is intended to be a transfer of rights, unless otherwise expressly agreed.

11 Applicable law & choice of forum & Dutch version is leading

11.1 All offers made by Wabbyfun and all agreements concluded between Wabbyfun and Customers are governed by Belgian law.
11.2 These Terms and Conditions are also available in languages other than Dutch (English and French). In the event of discrepancies between the Dutch text and the translation, and in the event of disputes, the Dutch text will be leading between the parties.. Applicability of the Vienna Sales Convention is excluded.
11.2 The competent judge of the Commercial Court of Antwerp department of Tongeren, is exclusively competent to take cognizance of
take disputes related to, or arising from, any offer of Wabbyfun as well as agreements
between Wabbyfun and Buyers.

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