1.1. These general terms and conditions of sale apply to all quotations, price lists, orders, deliveries, and agreements between TRAP FLOORING, a trade name of GROEP TRAP BV (hereinafter “TRAP FLOORING”), and its professional customers (parquet layers, installers, traders, contractors, project developers, etc.).
1.2. By placing an order, the customer acknowledges having taken note of these terms and conditions and accepts them without reservation.
1.3. The customer’s own terms and conditions are expressly excluded, unless expressly agreed otherwise in writing.
1.4. Deviations from these terms and conditions are only valid if they have been confirmed in writing in advance by TRAP FLOORING.
2.1. All prices of TRAP FLOORING are expressed in euros and are exclusive of VAT, taxes, levies, and any transport or delivery costs, unless expressly stated otherwise.
2.2. All quotations are non-binding, unless expressly stated otherwise, and are valid while stocks last or for the explicitly stated validity period.
2.3. TRAP FLOORING reserves the right to adjust its prices in case of changes in raw material prices, transport costs, taxes, or other external factors. Price changes do not affect orders already confirmed.
3.1. An order is only binding for TRAP FLOORING after written (or electronic) order confirmation or from the moment TRAP FLOORING proceeds with delivery.
3.2. The customer is responsible for the accuracy of all data provided by them (product codes, quantities, delivery address, billing details, etc.).
3.3. Unilateral cancellation by the customer after order confirmation is only possible with prior written consent from TRAP FLOORING. In that case, a fixed compensation of up to 50% of the total order value may be charged, without prejudice to TRAP FLOORING’s right to prove higher actual damages.
4.1. Stated delivery times are always indicative and do not constitute an essential part of the agreement, unless expressly and in writing agreed otherwise.
4.2. Exceeding the indicative delivery time does not entitle the customer to terminate the agreement, suspend payment, or claim any damages.
4.3. If the customer requests a delivery delay and TRAP FLOORING accepts this, the goods remain invoicable from the originally scheduled delivery date. Any additional storage or handling costs may be charged to the customer.
5.1. Unless otherwise agreed, delivery is made by making the goods available at the warehouse of TRAP FLOORING or by delivery at the address specified by the customer.
5.2. For professional customers, all goods travel at the customer’s risk from the moment they leave the warehouse of TRAP FLOORING, even if delivery is “freight free” or if TRAP FLOORING organizes the transport.
5.3. The customer ensures that delivery can take place at an easily accessible and safe location and that a competent person is present to receive and sign for the goods.
5.4. Additional costs due to unreasonable waiting times, re-deliveries, or inaccessibility of the location are entirely at the customer’s expense.
5.5. In case of refusal to accept the goods without valid reason, TRAP FLOORING may store or take back the goods at the customer’s expense and risk.
6.1. All delivered goods remain the exclusive property of TRAP FLOORING until full payment of the principal amount, any interest, and costs.
6.2. As long as ownership has not passed, the customer may not resell, pledge, or encumber the goods in any way in favor of third parties, unless within the scope of their normal professional activities and subject to full payment.
6.3. In case of non-payment, TRAP FLOORING reserves the right to repossess the goods at the customer’s expense, wherever they may be located.
7.1. Goods are sold in the usual commercial packaging or in standard packaging units.
7.2. Small deviations in quantities compared to the order, within usual tolerances, do not entitle refusal, compensation, or price reduction.
8.1. Visible defects and non-conformity
The customer must immediately check the goods upon delivery for visible defects, incorrect references, color deviations, damages, and quantities.
Complaints about these must be reported in writing within 48 hours after delivery (preferably by email, with photos).
8.2. Processing, installing, or reselling the goods is considered irrevocable acceptance and generally excludes later complaints about visible defects.
8.3. Hidden defects
Complaints about hidden defects must be reported in writing within 48 hours after discovery and in any case within 6 months after delivery.
8.4. The customer must always allow TRAP FLOORING to inspect or have the goods inspected.
9.1. For professional customers, a contractual warranty against hidden defects applies for a maximum of 6 months after delivery.
9.2. If a complaint is found to be justified, TRAP FLOORING has the right, at its own discretion, to:
replace the involved goods; or
credit the price wholly or partially.
9.3. TRAP FLOORING’s liability for all direct, indirect, material, and immaterial damage is, except in cases of intent or gross negligence, in any case limited to:
the free replacement of the involved goods; or
the reimbursement of the invoice value of the involved goods, with an absolute maximum of € 1,000 per damage event.
9.4. TRAP FLOORING is never liable for consequential damages such as loss of turnover, loss of profit, production downtime, installation costs, or damage to third parties.
10.1. Unless otherwise agreed in writing, invoices are payable on the due date stated on the invoice.
10.2. In case of non-payment on the due date, the following are due by operation of law and without notice of default:
a conventional default interest of 12% per year from the due date until full payment; and
a fixed compensation of 15% of the outstanding amount, with a minimum of € 250 per invoice, without prejudice to TRAP FLOORING’s right to claim higher proven damages.
10.3. Non-payment of one invoice on the due date makes all other invoices, even those not yet due, immediately payable.
11.1. In case of serious or repeated non-compliance by the customer (including non-payment), TRAP FLOORING may terminate the agreement by operation of law and without judicial intervention, after notice of default with a term of 8 days.
11.2. In case of termination at the customer’s expense, the compensation provided for in article 10 remains due without prejudice.
12.1. All agreements between TRAP FLOORING and the customer are exclusively governed by Belgian law.
12.2. For all disputes, only the courts of the jurisdiction where the registered office of GROEP TRAP BV is located have jurisdiction, unless TRAP FLOORING chooses to summon before the court of the registered office or residence of the customer.
13.1. If any provision of these terms and conditions is declared null or unenforceable, the remaining provisions shall remain fully in force. The null provision shall, as far as possible, be replaced by a valid provision that most closely approximates the original intent.
