General terms and conditions of sale
Due to constant changes in exchange rates, carrier rates and supplier rates, our prices are indicative and not binding. They can be modified upwards or downwards without prior notice.
2. Account opening
Any opening of an account can be done on simple written request by sending us the complete coordinates of your company: complete name of the company, delivery address, invoicing address, telephone number, VAT number and bank details (RIB for France). No order will be accepted without this information.
- Orders will only be considered accepted when they have been confirmed or executed by Now Company SPRL.
- Orders or deliveries may be refused in the event of non-compliance with any obligation to Now Company SPRL, regardless of the cause.
- In order to facilitate the processing of your order, it is preferable to use the product codes as noted in our price list. Don't forget to specify the size, model or colour of the product you want. Ideally, you should use our online shopping site: www.buytonow.com. Contact us to receive your activation code.
- Each order is considered firm on the part of the customer and cannot be changed.
- Any leftovers will be kept by Now Company SPRL and will be delivered free of charge as soon as availability is restored.
- The delivery times announced are purely indicative. Any delays in delivery do not entitle the customer to cancel the sale, to refuse the goods or to claim damages.
All grouped, accepted and confirmed orders of less than €300 excluding VAT will be delivered with transport fees. Above 300€, all grouped orders accepted and confirmed by Now Company SPRL will be delivered transport fees free.
In the event of any dispute concerning transport, the customer is requested to make precise written reserve upon receipt on the carrier's delivery note and to communicate them to us and the carrier by registered letter within 48 hours. Only reserves made in this way can be taken into account.
- No return can be accepted without the prior agreement of Now Company SPRL. In case of acceptance, the return must be made in accordance with the procedures defined by Now Company SPRL.
5. Payments and deadlines
- In Belgium and Luxembourg: payment will be made on delivery.
In France: payment will be made by SEPA, bank transfer or Credit card. For SEPA, a mandate will have to be sent to us in order to make the direct debits. For transfers, the invoices will be assigned to the factoring company ING.
- In case of payment incidents, an advance payment will be required.
6. Penalties for late payment
- The first two orders when an account is created must be paid for before the goods are sent.
- Failure to pay by the due date shall automatically and without notice lead to the charging of conventional interest on arrears at the rate of 12% per annum.
- If the delay continues for more than one month, an automatic increase by way of a fixed and irreducible penalty of 15% of the amount of the unpaid invoice on the due date with a minimum of €40 shall be claimed by right and without notice of default.
- Payments of invoices after the due date will first settle the interest amounts, then the compensation amounts and finally the oldest unpaid invoice.
- Complaints must be notified to Now Company within seven days of the invoice date by registered letter.
- All disputes concerning these agreements are subject to Belgian law.
- The Commercial Court or the Justice of the Peace of Walloon Brabant shall has exclusive jurisdiction to hear disputes.
7. Retention of title clause
- The following retention of title clause applies to the delivery of all products.
- The transfer of ownership of the products to the customer is subject to full payment of the price on the due date.
- Payment is made when the price is actually collected; the handing over of any document creating an obligation to pay does not constitute payment.
- The customer shall, at the request of Now Company SPRL, provide proof of insurance covering the risks of storage of the products until full payment of the price.
- The customer undertakes to justify the payment of the premiums and to transmit the names of the beneficiaries of the said policy.
- The customer shall bear all costs of inventory, restitution, or litigation arising from the exercise of the claim to the products or the request for termination of the contract.
- The customer shall ensure that it is always possible to identify the products. The products in stock are always presumed to be those of the unpaid.
- The customer shall lose the right to sell the products in the event of default of payment or non-payment of the price on the due date.
- The customer undertakes to oppose any seizure, pledge or the like of unpaid products in stock and to notify Now Company SPRL of any such action on these products. Now Company SPRL remains the sole owner of the goods until the invoice is paid in full (French law 80 335 of 12 May 1980).
8. Service conditions
- In order to guarantee a better processing of the return and the follow-up, a request for a return number should be made to Now Company SPRL.
- The description of the problem should be clearly explained.
- This return number must be clearly noted on our standard form (available on request) as well as on the package. Keep this return number, it will be necessary for any follow-up of the product, whether it is a warranty, a repair or a maintenance.
- Returned products must be cleanly packaged, free of dirt or mud. The products must also be returned complete: in the case of a Formula brake, master cylinder, hose, caliper and original pads.
- The parts must be returned to our workshop at the following address Now Company SPRL | avenue Leonard de Vinci 14 | Zoning Nord | 1300 Wavre | Belgium.
Please note that credit notes will only be issued if the products are returned in their original packaging and only if it has not been damaged.
- In the case of maintenance for which the guarantee does not apply, an estimate will be drawn up by Now Company SPRL upon receipt of the part and sent by e-mail to the customer for acceptance. No repair will be processed without the prior agreement of the customer. In case of refusal of the quotation, an invoice will be issued by Now Company SPRL; the amount of this invoice will be €16.53 plus VAT, plus return postage.
- A copy of the original invoice and the completed standard form must be enclosed with the returned product. Any false invoice or non-conforming copy will render the guarantee null and void.
- The shipping costs for parts under warranty shall be borne by the customer; the return shipping costs shall be borne by Now Company SPRL. The shipping and return costs of non-warranty parts are to be paid by the customer.
- To avoid any problems with transport, we advise customers to send the return parts with a first class carrier using a tracking number. If the guarantee is accepted, it will be sent with the next order.