General Terms and Conditions of Sale

1. DEFINITIONS

In the context of the present general terms and conditions of sale (hereinafter also referred to as the "General Terms and Conditions of Sale"), the following definitions shall apply:

• "Consumer": Any Customer acting for purposes outside their trade, business, craft, or profession in the capacity of a customer.

• "Services": All services that form the subject matter of these General Terms and Conditions and/or the Sales Agreement, including but not limited to the installation(s) of the Goods.

• "Goods": All goods that form the subject matter of these General Terms and Conditions of Sale and/or the Sales Agreement.

• "Customer": Any natural person or legal entity concluding an agreement with Vos for the purpose of the delivery of goods. Customer also includes any natural person or legal entity concluding an agreement with Vos for the purpose of the installation of Goods.

• "Sales Agreement": The agreement concluded between Vos and the Customer having as its subject matter the delivery of Goods and/or the provision of a Service in exchange for a price to be paid by the Customer, governed by the present General Terms and Conditions of Sale.

• "Vos": Vos Car Electronics NV, with its registered office at Industrieweg 14, 3730 Hoeselt-Bilzen, registered with the Crossroads Bank for Enterprises under number 0419.541.430 (RLP Antwerp, division Tongeren-Borgloon).

2. SCOPE OF APPLICATION

2.1 The present General Terms and Conditions of Sale apply to all agreements, quotes, offers, orders, invoices, and credit notes applicable between VOS and the Customer, unless and insofar as expressly deviated from in writing.

2.2 By accepting a quote and/or placing an order with Vos, the Customer expressly accepts having taken prior cognizance of and accepted these General Terms and Conditions of Sale.

2.3 Should one or more provisions of these General Terms and Conditions of Sale be declared void, invalid, or illegal, this shall in no way affect the validity, legality, and applicability of the other provisions of the Sales Agreement.

2.4 Vos reserves the right to amend and/or supplement these General Terms and Conditions of Sale at any time for future orders. A future amendment will only affect orders already placed and the corresponding agreements subject to prior notification to the Customer.

2.5 The Customer expressly acknowledges that an order placed via e-mail, WhatsApp, or any other means of electronic communication has the same validity as a written order.

2.6 The parties expressly exclude the application of Article 5.23, paragraphs 3 and 4 of the Civil Code and agree that the "knock-out rule" contained therein shall not apply to their contractual relationship. The General Terms and Conditions of Sale of Vos shall always take precedence over the general terms and conditions of the Customer, even in the case of incompatible clauses.

3. PRICE AND PAYMENT

3.1 All stated prices are expressed in EUR and are always exclusive of VAT and all other taxes or duties to be borne mandatorily by the Customer, unless stated otherwise.

3.2 If delivery costs, reservation costs, or administrative costs are charged, this will be stated separately.

3.3 The Customer must pay the amount due immediately and in full at the time of the order. If Vos expressly agrees thereto, the amount due may also be paid within thirty (30) calendar days by bank transfer to the account number communicated by Vos.

3.4 The indication of price relates exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

4. ORDERS

4.1 All offers by Vos are non-binding until the moment of acceptance of the order form by the Customer. They are also subject to availability and price changes. Errors in pricing may be corrected at any time. Vos will inform the Customer immediately in the event of a price change.

4.2 Offers included in folders, price lists, documentation, or on the website are not considered binding upon Vos. This applies to the stated prices, the description, as well as the delivery period.

4.3 The Sales Agreement is concluded and becomes binding upon acceptance of the order form by the Customer.

4.4 Vos is entitled to refuse orders with valid reasoning or to attach special conditions thereto if there are justified grounds for doing so.

4.5 If products are not part of Vos's stock (e.g., tailgate openers, camera interfaces, etc.), this will be communicated to the Customer in advance, and the delivery period may extend to a minimum of three weeks. In such a case, the Customer shall pay an advance payment amounting to a minimum of 25% of the Sales Agreement.

By way of derogation from Article 7, Goods ordered by Vos at the express request of the Customer cannot be revoked by the Customer free of charge. Upon revocation of an order that is not part of Vos's stock, the advance payment amounting to a minimum of 25% of the Sales Agreement shall be retained.

5. CANCELLATION

If the Customer cancels the purchase for any reason whatsoever after acceptance of the order form, the Customer shall be liable to pay Vos a minimum fixed compensation of 20% of the total purchase price, with a minimum amount of 100 euros, of the purchased goods, without prior notice of default and subject to the right to enforce specific performance of the agreement.

6. DELIVERY

6.1 The estimated delivery period is agreed upon at the time of the order. Vos will endeavor to deliver the ordered goods in a timely manner. The Customer acknowledges that this delivery date is purely indicative. Failure by Vos to meet this indicative deadline shall under no circumstances give rise to the dissolution of the agreement or to any right to compensation at the expense of Vos.

6.2 If the Customer refuses to take receipt of the purchased goods at the agreed delivery time, for whatever reason, Vos reserves the right of choice to either consider the Sales Agreement as dissolved after the expiry of a period of 10 calendar days following a prior notice of default, or to demand the full performance of the Sales Agreement. If Vos opts to dissolve the Sales Agreement, the Customer shall be liable to pay Vos a minimum fixed compensation amounting to a minimum of 25% of the Sales Agreement, with a minimum amount of 100 euros.

6.3 The delivered articles remain the exclusive property of Vos until the moment of full payment by the Customer.

7. RIGHT OF WITHDRAWAL

7.1 Unless otherwise determined in these General Terms and Conditions of Sale or in the Sales Agreement (such as, inter alia, in Article 4.5), the Consumer has the right to withdraw from the Sales Agreement within a period of 14 calendar days without giving reasons, provided that the right of withdrawal applies to the Good ordered by the Customer. To exercise the right of withdrawal, the Customer must inform Vos in a timely manner of the decision to withdraw from the Sales Agreement via an unequivocal statement via the following link: https://www.vos.be/en/returns.

The Consumer must return or hand over the Goods immediately after their decision to withdraw from the Sales Agreement. The costs of returning the Goods are to be borne by the Customer.

7.2 If the returned product has diminished in value in any way, the right is reserved to hold the Consumer liable and to claim compensation for any depreciation. Only articles that are in the original packaging, together with all accessories, instructions for use, and invoice or proof of purchase, can be taken back.

7.3 In the event that the agreement includes the provision of services and if the Consumer has requested the performance of services to begin during the withdrawal period, the Customer shall pay an amount proportional to what has already been provided at the moment they informed us that they are withdrawing from the agreement, compared to the full performance of the agreement. In this case, Vos shall not be liable for any installation damage.

8. WARRANTY

8.1 To invoke the warranty, the Customer must be able to present proof of purchase.

8.2 The Customer is deemed to inspect the goods thoroughly upon delivery. Visible defects in the delivered goods must be communicated to Vos expressly, unequivocally, and with reasoning in writing within eight (8) days after delivery. If this is not done, the Customer declares that the Goods are free of all visible defects. In this case, the Customer also declares that the Goods correspond to what is stipulated in the Sales Agreement.

Goods that are non-conforming as a result of incorrect information provided by the Customer at the time of the order are deemed to be conforming if the information corresponds to the order.

8.3 Defects that manifest themselves after a period of six (6) months following the date of delivery are deemed not to be hidden defects, subject to proof to the contrary by the Customer.

The following elements are in any case not recognized as hidden defects:

• Discoloration of the Goods insofar as this discoloration is unavoidable or generally accepted according to custom or is inherent to the materials used.

• Damage caused by normal wear and tear and unintentional or intentional changes applied to the goods by the Customer.

8.4 In the case of hidden defects, Vos is only held to repair and, insofar as repair is not possible or not desirable, to replacement of the delivered item. Vos only provides a warranty for hidden defects up to two (2) years after delivery. Vos can only be held liable for damage to the delivered goods themselves as a result of any hidden defects, to the exclusion of all other damages.

8.5 The warranty is not transferable.

8.6 The (commercial and legal) warranty never applies to defects arising as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to observe the user instructions or manual, adjustments or modifications to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

8.7 Communication regarding the warranty is also valid by e-mail via sales@vos.be provided that the Customer has received a non-automated e-mail confirmation of receipt of the e-mail within three (3) working days.

9. LIABILITY OF AUXILIARIES

9.1 The Customer hereby expressly waives the right to institute any extra-contractual claim against Vos and/or its appointees, including employees, legal representatives, and other auxiliaries (including directors) of Vos.

9.2 The Customer acknowledges that all legal claims arising from or related to the execution of the Sales Agreement can exclusively be instituted against Vos. The Customer is not permitted to institute any claim directly against the subcontractors, employees, legal representatives, or other auxiliaries (including directors) of Vos.

10. PAYMENT MODALITIES

10.1 All invoices are payable by bank transfer or in cash at the registered office of Vos, within 30 calendar days after the invoice date, unless indicated otherwise in writing.

10.2 Every invoice is deemed to be irrevocably accepted absent protest by registered letter or by e-mail (with receipt confirmation) within 8 calendar days after the invoice date.

10.3 In the event of late payment or non-payment on the due date, the outstanding amounts shall be increased by operation of law and without prior notice of default by default interest of 1.50% per commenced month. They shall furthermore be increased by a fixed compensation of 10% of the invoice amount, with a minimum of 100 euros per invoice and subject to the right of Vos to prove higher actual damages suffered.

10.4 Failing full payment of one invoice on its due date, the outstanding and not yet due invoices shall become immediately payable in full by the Customer without prior notice of default. The Customer shall make payments without entitlement to any deduction, withholding, or set-off of any amount, regardless of whether any amount is disputed.

10.5 Vos is entitled to terminate the agreement without further notice of default and by operation of law with immediate effect if the Customer is in a state of bankruptcy, has requested or accepted a judicial reorganization, has been declared incompetent, or is in cessation of payments.

10.6 With regard to the judicial recovery of wholly or partially unpaid invoices, Vos may apply the Act of 2 August 2002 on combating late payment in commercial transactions, insofar as the parties fall under the conditions of this Act. In the event of disputes within the scope of application of this Act, all costs for judicial and extrajudicial recovery shall be borne by the debtor.

11. RIGHT OF RETENTION

11.1 All delivered Goods and Goods yet to be delivered within the framework of the agreement remain the exclusive property of Vos until full payment by the Customer of all claims that Vos has against the Customer, including interest and costs.

11.2 All Goods located at Vos and belonging to the Customer are stored at the risk of the Customer.

11.3 Vos reserves the right to retain possession of the repaired or restored Goods as long as the Customer has not fulfilled all their obligations.

12. TRANSFER

Vos has the right to transfer its rights and obligations arising from this agreement, in whole or in part, to third parties.

13. CONFIDENTIALITY

Vos will maintain and store certain data of the Customer (in writing and electronically) in the context of normal customer management. Any financial information (bank account numbers, credit card numbers, and the like) is only used by Vos when processing payments. Under no circumstances will Vos make the Customer's data available to third parties. The Customer has the right to inspect this data upon written request.

14. PRIVACY

Vos reserves the right to collect data of the Customer exclusively for internal use, both directly via collection of the data provided by the Customer at the time of the order and indirectly (e.g., via the use of cookies, which are short data strings on the computer of the user of the site that allow Vos to optimally tailor the content and layout of the site to the Customer). This data will not be passed on to organizations contractually linked to Vos, except for persons connected to Vos in accordance with Article 1:20 of the Code of Companies and Associations (if applicable). In accordance with the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the Customer has the right at all times to inspect, modify, correct, and have removed the aforementioned data if the Customer no longer wishes to receive information regarding our activities. To this end, they may contact the customer service of Vos in writing.

15. SEVERABILITY

If a provision of these General Terms and Conditions of Sale is declared invalid, illegal, or void, this shall in no way affect the validity, legality, and applicability of the other provisions. The failure by Vos at any moment to enforce one of the rights listed in these General Terms and Conditions of Sale, or to exercise any right hereof, shall never be seen as a waiver of such provision and shall never affect the validity of these rights.

16. APPLICABLE LAW

16.1 These General Terms and Conditions of Sale are drawn up according to Belgian law, regardless of the domicile or registered office of the Customer.

16.2 All disputes in connection with the execution or the interpretation of the contractual relationship between parties fall under the exclusive jurisdiction of the courts of the district of Antwerp, division Tongeren-Borgloon.

17. CONTACT DETAILS

Questions about these General Terms and Conditions of Sale may be sent to the following e-mail address sales@vos.be or to the registered office of Vos as defined in the definitions of these General Terms and Conditions of Sale.