The purchase agreement can only be made by adults and by other legal individuals with the legal capacity to enter into agreements, and will only come into being after payment of the order and acceptance of the order by:
Grocon BVBA, Kernenergiestraat 77, 2610 Antwerp, Belgium (“Grocon”).
If Grocon cannot execute the order, it will notify the ordering party within a reasonable time. In any case, the ordering party cannot claim any damages as a result of the refusal of the order.
The ordered products are sent to the address supplied by the buyer at the moment of the order. The delivery is at the expense and risk of the buyer.
Delivery of fountain pens takes place through DHL Express with a tracking number. Smaller deliveries can also take place through the regular post.
For pen deliveries within the EU, a cost of 25 EUR is charged per delivery. For pen deliveries outside of the EU, a cost of 35 EUR is charged per delivery.
For nib deliveries within the EU, a cost of 12 EUR is charged per delivery. For nib deliveries outside of the EU, a cost of 18 EUR is charged per delivery.
Possible further customs or import duties shall be borne by the buyer.
Given the fact that the pens are custom-made, the standard delivery time of ordered products is 45 days from the moment of the acceptance of the order by Grocon and the receipt of payment. However, in certain circumstances, the delivery can take up to 120 days after the acceptance of the order by Grocon and the receipt of payment.
The prices of the products are mentioned on the website.
Grocon accepts payment through Paypal or through the transfer to the account number mentioned on the order confirmation. The processing of the order shall nog begin before the payment has been received.
The consumer in the EU will notify Grocon immediately in case the products are not in conformity with the order or are not suitable for the use for which these products usually serve. In any case, this notification will not take place more than two months after the moment the non-conformity is established. For professional buyers and for consumers from outside the EU, the notification of the non-conformity will have to be notified immediately to Grocon, at the latest three days after the delivery.
In case of timely notification of the non-conformity, Grocon will replace or repair the product at no charge. If the replacement or the repair were to be impossible, or if the cost of doing so would be out of proportion compared to the paid price, then the consumer can ask for a suitable reduction in price. If the non-conformity is not of a limited importance, then the consumer can also ask for the anulment of the purchase with a reimbursement of the paid price. In any case, if the buyer will have had use of the product after the delivery, then this shall be taken into account for the reimbursement.
Types of proof available to Grocon
Grocon shall be able to freely submit the proof of the fulfillment of its obligations, just like the contracting party that is not a professional merchant, without being bound by the non-peremptory norms of proof from the Civil Code and the Code of Commerce (Wetboek van Koophandel).
Limitation of liability
In accordance with art. 10(2) of the Law of 25 February 1991 with regards to the liability for products with defects, the liability of Grocon will be limited to the paid purchase price when the damage is caused both by the defect in the purchased products and when the damage is caused by the fault of the victim or of a person for whom the victim is responsible.
In any case, the liability of Grocon will be limited to the direct damage, with the exclusion of all consequential damages, indirect damages or lost profits.
Right of Renunciation
For all products that are tailor-made, including all fountain pens, there does not exist any right of renunciation in accordance with art. VI 53 of the Code of Economic Law of Belgium.
For products that are not tailor-made, e.g. separately delivered spare parts, the consumer from the EU will have the right of renunciation at will that can be exercised up to 14 days after the physical receipt of the product. In the event that the consumer from the EU makes use of this right of renunciation, then the products need to be sent back to Grocon at the expense of the consumer within 14 days of the announcement of renunciation. In that case, Grocon will reimburse the already paid price within 14 days of the receipt of the products or after the consumer from the EU proves that the products have been sent back, whichever happens first.
The professional buyer, or the buyers not mentioned above, will not have a right of renunciation in any case.
Applicability of the general conditions
These general conditions will always be applicable in the relationship between the parties. Differing clauses used by the counterparty will be considered to be inapplicable, except where explicitly accepted in writing by Grocon. Silence shall not be seen as an acceptance of other conditions or as an acceptance of the modification of these conditions.
If a specific clause, or part of a specific clause, of these conditions is held to be null or unenforceable, then the other clauses shall remain valid and shall keep their effect. The nullity or unenforceability shall therefore be limited to the specific clause, or part of clause, that has been declared null or unenforceable.
Applicable law and competent court
This purchase agreement and the relationship between the parties shall be governed by Belgian law.
Unless mandatory legislation determines otherwise, only the courts of Antwerp will be competent to rule on any dispute resulting from this purchase agreement or from the relationship between the parties.