Terms & conditions

1. Scope

These general terms and conditions govern every offer, order, sale, manufacture, delivery and installation carried out by Aliaj Interior (“we”) for its client (“the client”).

They apply to the exclusion of all other terms, in particular the client’s own purchasing conditions, unless we have agreed otherwise in writing beforehand. Signing the quote, paying the deposit or any commencement of performance constitutes full acceptance of these terms.

A consumer is any natural person acting for purposes outside their trade, business, craft or profession. Some clauses below provide for a different regime depending on whether the client is a consumer or a professional.

Our failure to invoke any of these clauses at a given moment may not be construed as a waiver of our right to rely on it later. Should any clause be declared void or unenforceable, the remaining clauses shall retain full effect.

2. Quotes, orders and deposit

Our quotes are free and without obligation. Unless stated otherwise, they remain valid for 30 calendar days from their date of issue. Thereafter, prices may be revised, in particular in line with raw material costs.

The order becomes firm and final only once all three of the following conditions are met:

• written acceptance of the quote by the client (signature, letter or confirmation e-mail);
• written approval of the production drawings, dimensions, materials, colours and finishes;
• actual receipt of the deposit provided for in article 4.

Approval of the drawings by the client constitutes a release for production. Any error or omission not reported at that stage may no longer be invoked afterwards to reject the goods, since manufacturing is launched on that basis.

Descriptions, illustrations, 3D renderings and samples are indicative. They are intended to illustrate the project and do not guarantee absolute conformity in terms of shade, grain or material appearance.

3. Prices

Prices are expressed in euros. Unless stated otherwise, they are quoted excluding tax for professional clients and including all taxes for consumers, the applicable VAT rate being the one in force on the invoicing date.

Application of a reduced VAT rate for immovable works in a private dwelling is subject to Belgian statutory conditions (in particular the required age of the building and its use as private housing). The client alone is responsible for the accuracy of the declarations provided in this respect and indemnifies us against any reassessment, surcharge or fine resulting from an inaccurate declaration.

Unless otherwise stipulated, the price does not include: preparatory works on the substrate, the technical connections referred to in article 10, removal of existing furniture, parking fees, scaffolding, furniture lifts or road-space permits.

4. Payment terms

Unless otherwise agreed in writing, the price is payable according to the following schedule:

Production is launched only after the 50% deposit has actually been received. Delivery and installation are subject to prior payment of the 45% instalment.

The 5% balance falls due on acceptance. If the client raises remarks at that point, they must be recorded in writing in the acceptance report. The client may then withhold an amount proportionate to the value of the outstanding items, the remainder being immediately payable. The retention is released as soon as the remarks are addressed.

Payments are made by bank transfer to the account shown on the invoice. No discount is granted for early payment. The client may not unilaterally set off any sum due against a claim it alleges to hold.

Any dispute regarding an invoice must reach us in writing within eight calendar days of its receipt, failing which the invoice is deemed accepted.

5. Late payment

5.1. Consumer clients

In accordance with Book XIX of the Belgian Code of Economic Law, in the event of non-payment on the due date the consumer receives a first reminder free of charge. No compensation or interest is due before the expiry of a period of at least fourteen calendar days running in accordance with the law.

Once that period has expired, the following become payable by operation of law:

• late payment interest at the statutory rate applicable to late payment;
• a fixed compensation capped in accordance with the law, namely: €20 where the outstanding balance is €150 or less; €30 plus 10% of the amount between €150.01 and €500; €65 plus 5% of the amount above €500, up to a maximum of €2,000.

The same compensation is owed to us, under the same conditions, should we fail to meet our own reimbursement obligations.

5.2. Professional clients

Any invoice unpaid on its due date automatically bears, without notice of default, late payment interest at the rate laid down by the Act of 2 August 2002 on combating late payment in commercial transactions, together with fixed compensation of 10% of the unpaid amount with a minimum of €125, without prejudice to our right to claim compensation for the loss actually suffered and recovery costs.

5.3. Common consequences

Failure to pay one instalment renders all sums immediately payable, including those not yet due. We reserve the right to suspend manufacture, delivery or installation until payment in full, without such suspension giving rise to any compensation or triggering late penalties on our part. Agreed lead times are extended accordingly.

6. Retention of title

Delivered goods remain our exclusive property until full payment of the price in principal, interest and costs, and this even after their incorporation or installation, to the extent permitted by law.

Until the price is paid in full, the client may not resell, pledge, assign or move the goods without our written consent. The client undertakes to inform us without delay of any seizure or third-party claim relating to those goods.

Notwithstanding this retention of title, the risk of loss, theft or damage passes to the client upon delivery at the agreed location, or upon collection where the client arranges transport.

7. No right of withdrawal — custom-made goods

In accordance with Article VI.53, 3° of the Belgian Code of Economic Law, the consumer does not have the 14-day right of withdrawal for the supply of goods made to the consumer’s specifications or clearly personalised.

This exception applies to all of our custom manufacturing: kitchens, walk-in wardrobes, cupboards, libraries, TV units, bathroom furniture, under-eaves fittings and professional fit-outs, where these are produced on the basis of dimensions, materials, colours or configurations chosen by the client.

The client expressly acknowledges having been informed of this absence of a right of withdrawal before entering into the contract, and accepts it by signing the quote or confirming the order.

The right of withdrawal does however remain applicable, under the statutory conditions, to any standard non-personalised items sold separately at a distance.

8. Lead times, delivery and installation

Announced lead times are indicative and calculated in working days from receipt of the deposit and final approval of the drawings, whichever of these two dates is the later.

A reasonable overrun of the lead time may not give rise to cancellation of the order, rejection of the goods or payment of damages, unless a strict deadline has been expressly agreed in writing. The consumer’s statutory rights in the event of significant delay remain reserved.

Installation dates are scheduled by mutual agreement. The client undertakes to be present, or represented by an adult authorised to accept the works.

If, on the agreed date, the site is not ready to receive the furniture or access is not available, the costs of the wasted journey, return to the workshop and storage will be invoiced to the client, and a new date will be set subject to our availability.

9. Client obligations

Proper execution of the works requires the client’s cooperation. The client undertakes to:

• provide free and safe access to the premises, together with parking in the immediate vicinity; any road-space permit or parking reservation is at the client’s expense;
• make available the water and electricity required for the works;
• clear and protect the premises: furniture moved, finished floors, fragile and valuable items stored safely;
• ensure that the substrates are sound, dry, plumb and level, and offer sufficient load-bearing capacity for fixing the furniture;
• notify us in writing, before works begin, of any concealed pipework, ducting, electrical cables or gas lines. Failing this, we decline all liability in the event of perforation while drilling or fixing;
• have the works referred to in article 10 carried out in good time by the relevant qualified trades.

9.1. Taking measurements

Where we carry out the on-site survey, we are answerable for the accuracy of the dimensions taken, provided the premises have not been altered afterwards.

Where dimensions are supplied by the client or by a third party of the client’s choosing (architect, contractor, supplied drawing), or where the order is placed through an online configurator on the basis of measurements entered by the client, the client bears full responsibility for them. Any non-conformity resulting from an incorrect measurement is at the client’s expense, including remanufacture.

10. Expressly excluded works

10.1. Electricity

The following are excluded from our services, unless otherwise agreed in writing:

• creating, moving or modifying power points, sockets, switches, circuits and distribution boards;
• the electrical connection of household appliances (oven, hob, extractor hood, dishwasher, refrigerator, wine cabinet, etc.) to the mains;
• connecting integrated lighting to the electrical network, beyond simply plugging into an existing socket;
• any work governed by the Belgian General Regulations on Electrical Installations (RGIE/AREI), and the issuing of the certificate of conformity, which are the client’s responsibility.

We may position and mechanically fit appliances within the cabinetry, but we never carry out their electrical connection.

10.2. Plumbing and sanitary work

Also excluded:

• water supply and drainage, and the modification or relocation of pipework;
• the connection of sinks, washbasins, basins, taps, traps, washing machines and dishwashers to the water networks;
• gas, heating and mechanical ventilation works, and the connection of extraction ducts to the outside.

We may cut the worktop and provide the necessary openings, but the hydraulic connection must be carried out by a qualified plumber.

10.3. Other works not included

• masonry, plastering, tiling, painting and floor works;
• dismantling and disposal of an existing kitchen or furniture, unless separately quoted;
• damp treatment, bringing the substrate up to standard, asbestos removal.

10.4. Consequences

The client arranges for these works to be carried out, at its own expense, by qualified and insured professionals, in compliance with applicable standards, and ensures they are properly coordinated with our schedule.

We decline all liability for damage, water damage, short circuits, fire, malfunction or loss of manufacturer’s warranty originating in an electrical or hydraulic connection not carried out by us, not compliant, or performed by an unqualified third party.

Where a household appliance, sink, basin or tap is supplied by the client, we give no warranty on that equipment. The client provides us in good time with the technical data sheets and installation dimensions; failing this, any adaptations required will be invoiced in addition.

11. Materials and tolerances

Wood and wood-based products are natural, living materials. Variations in shade, grain and figure, the presence of knots or slight differences between two panels, as well as the natural evolution of colour under the effect of light, are inherent to the material and do not constitute a lack of conformity.

The same applies to slight differences in shade compared with samples, colour charts, 3D renderings or photographs, whose appearance varies with lighting and screens.

The furniture is designed for indoor use in normally heated and ventilated premises. The client shall maintain a stable environment, ideally a temperature of 15 to 25 °C and relative humidity of 40 to 60%. Damage resulting from excessive or insufficient humidity, prolonged exposure to water, infiltration, a site that is still damp, or inadequate ventilation is not covered.

The usual dimensional tolerances of the sector apply. Functional clearances, expansion joints and adaptations made necessary by irregularities in existing walls, floors and ceilings are inherent to bespoke work in renovation projects.

Maintenance in line with our recommendations is required: cleaning with a soft, slightly damp cloth, without abrasive products, solvents or excess water, and immediate wiping of any splashes on the edges.

12. Acceptance and visible defects

Acceptance takes place on completion of installation, in the presence of the client or their representative. It is recorded in an acceptance report or, failing that, by taking possession without written reservation.

Visible defects and damage — scratches, impacts, chips, shade, quantities — must be reported at the time of acceptance and recorded in writing, or failing that notified to us in writing within eight calendar days. After that period they are deemed accepted.

This clause is without prejudice to the consumer’s statutory rights regarding defects not visible at acceptance.

The client may not refuse acceptance on the basis of minor remarks that do not prevent normal use of the furniture. Such points are listed and addressed within a reasonable time.

13. Warranties

13.1. Statutory warranty of conformity (consumers)

Consumers benefit from the two-year statutory warranty of conformity from delivery of the goods, in accordance with Belgian law. Any lack of conformity must be notified to us in writing within two months of the day it is discovered.

Depending on the circumstances, the consumer may claim to have the goods brought into conformity (repair or replacement), a price reduction, or termination of the contract, under the conditions and limits laid down by law.

13.2. Hidden defects and ten-year liability

We are answerable for hidden defects under the statutory conditions. Where the works carried out constitute immovable works within the meaning of Articles 1792 and 2270 of the Belgian Civil Code, ten-year liability applies to defects affecting the soundness or stability of the structure.

13.3. Commercial warranty

For professional clients, the warranty is limited to repair or replacement of items acknowledged to be defective, to the exclusion of any other compensation.

Household appliances and third-party branded equipment are covered by their manufacturer’s warranty, on that manufacturer’s own terms.

13.4. Warranty exclusions

The following are excluded from any warranty:

• normal wear and natural ageing of materials;
• damage resulting from abnormal use, overloading, impact, accident or lack of maintenance;
• disorders linked to the environmental conditions referred to in article 11, or to infiltration;
• the consequences of any intervention, modification, dismantling or relocation of the furniture carried out by the client or a third party;
• damage originating in works excluded by article 10, in particular a defective electrical or hydraulic connection;
• defects affecting materials or equipment supplied by the client;
• goods whose price has not been paid in full.

14. Liability

Our liability is limited to direct and foreseeable damage resulting from a breach attributable to us.

Towards professional clients, indirect or immaterial damage such as loss of operation, loss of turnover, clientele or production is excluded, and our total liability may not exceed the amount excluding VAT of the order concerned.

None of these limitations applies in the event of fraud, gross negligence, injury to life or physical integrity, or in cases where the law prohibits them. The consumer’s mandatory rights remain fully reserved.

We are not answerable for damage caused to existing structures where this results from their dilapidation, insufficient load-bearing capacity, or the client’s failure to disclose concealed pipework.

15. Cancellation and changes

Given the bespoke nature of our manufacturing, every order is firm and final.

Where the client cancels before production is launched, the 50% deposit remains acquired by us as fixed compensation covering design, engineering and workshop reservation costs.

Where cancellation occurs after production has been launched, the client owes the full price, since the goods cannot be reallocated or resold. The client then remains entitled to take delivery of the items manufactured.

The consumer is entitled to prove that the loss we actually suffered is lower than the amount retained; conversely, equivalent compensation would be owed to the client were the cancellation attributable to us.

Any request for modification after approval of the drawings must be the subject of a written amendment. It may entail additional cost and extended lead times, and cannot be accommodated once manufacturing has begun.

16. Intellectual property and photographs

The drawings, designs, 3D renderings, studies, specifications and concepts we develop remain our exclusive intellectual property, even where they have been invoiced. They are entrusted to the client solely for the purposes of the project.

They may not be reproduced, disclosed to third parties or used to have all or part of the project carried out by a competitor, without our prior written authorisation.

We reserve the right to photograph completed projects and to reproduce them for reference purposes on our communication media (website, social networks, brochures). Such photographs contain no element identifying the client or their address. The client may object at any time, without justification and free of charge, by simple written request to contact@aliajinterior.be.

17. Force majeure

We cannot be held liable for delay or non-performance resulting from force majeure or circumstances beyond our control: exceptional weather events, fire, flood, major machine breakdown, strike, armed conflict, epidemic, measures taken by the authorities, shortage or interruption in the supply of raw materials, or failure of a supplier or carrier.

In such a case, performance of our obligations is suspended for the duration of the event. Should it continue beyond six months, either party may terminate the contract in writing, without compensation on either side, work already performed remaining payable.

18. Personal data

Personal data provided in connection with a quote or an order is processed in accordance with the GDPR and our privacy policy, which sets out the purposes, retention periods and how to exercise your rights.

19. Governing law and disputes

These terms and any contract arising from them are governed by Belgian law.

In the event of difficulty, we invite you to contact us first at contact@aliajinterior.be: the vast majority of situations are resolved quickly and amicably.

If no agreement is reached, consumers may apply free of charge to:

Failing amicable settlement, disputes fall within the jurisdiction of the courts of the judicial district of Brussels. Where the client is a consumer, the courts designated by mandatory statutory rules have jurisdiction, in particular those of the consumer’s domicile.

The French version of these terms shall prevail; the English and Dutch translations are provided for information purposes.