GENERAL TERMS AND CONDITIONS
1. An order, including those placed through our agents or representatives, is binding only if we expressly accept it in writing. Cancellation of the order is not permitted unless prior written consent has been obtained.
2. Goods will be delivered within the timeframe specified in the agreement. Goods remain the property of Hike-A-Way until full payment of the principal amount, costs, and interest has been made. Nevertheless, the risks of loss or destruction of the sold goods shall be borne in full by the buyer from the moment of sale.
3. The buyer must ensure that Hike-A-Way can deliver the goods in the normal manner to the agreed-upon location and at the agreed-upon time, including, among other things, ensuring that the delivery location is accessible. If this requirement is not met, the buyer is obligated to compensate Hike-A-Way for all damages, including waiting hours, storage costs, and costs incurred to preserve the goods.
4. The buyer must inspect the delivered goods immediately. Any defects must be reported to Hike-A-Way as soon as possible, and no later than 7 calendar days after delivery, by registered letter. After this period, Hike-A-Way is only liable for latent defects that render the goods unfit for their intended use, provided that the goods have not been resold in the meantime and provided that Hike-A-Way was aware of or should have been aware of the defects. The buyer must notify Hike-A-Way of the existence of the latent defect no later than 7 calendar days after discovering it, by registered letter containing a detailed description of the defect. Complaints regarding latent defects do not suspend the buyer’s obligation to pay.
5. Except as provided in the preceding article, Hike-A-Way is not liable for any damages whatsoever that may result, directly or indirectly, from goods delivered or sold by us, except in cases of gross negligence or willful misconduct. Hike-A-Way’s liability is in any event limited to the invoice value of the delivered goods. Under no circumstances may Hike-A-Way be held liable for any indirect damages, such as, but not limited to, loss of income, loss of contracts, capital costs, reduced returns, or any other losses or consequential damages, whether to the buyer or to third parties. Hike-A-Way bears no responsibility whatsoever for the fault of its employees, even in cases of willful misconduct or gross negligence. In the latter case, the buyer must hold the employee directly liable.
6. Unless expressly stated otherwise on the invoice, the invoice is payable in cash. We also reserve the right to send the invoice before delivery and to postpone delivery until payment of the invoice has been received. In the event of non-payment of all or part of the price, the outstanding amount shall, by operation of law and without the need for any notice of default, be increased by annual interest of 12% and a lump-sum compensation of 10%, with a minimum of 40 EUR. Any failure to pay shall render outstanding invoices immediately due and payable and shall entitle Hike-A-Way, following notice of default, to either suspend any future deliveries or terminate the agreement, without prejudice to the right to compensation for damages.
7. If the buyer fails to fulfill its contractual obligations, Hike-A-Way has the right, after issuing a notice of default, either to suspend its obligations or to terminate the agreement without judicial intervention, if no or no effective action is taken in response to the notice of default within eight business days, without prejudice to the right to compensation.
8. All of our agreements are governed by Belgian law. Any disputes arising under this agreement may be brought exclusively before the courts of Leuven.