General conditions of sale

Unless expressly agreed otherwise, all our sales are subject to the following general terms and conditions. As of 01.01.2026, these replace all previous terms and conditions of sale.

1. Definitions – Etablissementen Van Moer NV, hereinafter referred to as the seller: Vaartstraat 70, B-2235 Hulshout, VAT BE 0403.629.965
   The purchaser of the goods and/or services is hereinafter referred to as the ‘buyer’.
2. Legislation – The electronic version of these general terms and conditions of sale qualifies as a written communication within the meaning of art. 23.2 of EC Regulation 44/2001. The buyer acknowledges having taken note of them, or having had the opportunity to take note of them, and having accepted them by placing an order or entering into negotiations. The customer confirms having read and accepted European Regulation No. 1007/2011 concerning the description of the abbreviations used for fabric composition in a garment, as well as all other legislation relating to the use of the goods.
3. Quotation – order confirmation – Written or verbal quotations from the seller are only binding after the seller has sent an order confirmation. Orders placed via an agent, broker, or representative, and any agreements in that regard, are only binding after order confirmation by the seller. Only the seller’s general terms and conditions of sale apply. The order confirmation may be subject to the suspensive condition of coverage by a credit insurer.
4. Risks – The risks relating to the sold goods transfer to the buyer as soon as the goods leave the seller’s warehouse location. It is the buyer’s responsibility to pursue claims against carriers or insurers, without this granting the buyer the right to refuse, reduce, or postpone payment to the seller.
5. Delivery – conformity – For the application of legal rules in the event of a dispute, the place of performance of the seller’s obligations is conventionally always the seller’s warehouse location, regardless of the actual place of delivery. Unless specified otherwise, the goods travel at the buyer’s expense and risk. The time of delivery is conventionally the time at which the goods leave the seller’s warehouse location or that of its agent.

Unless otherwise agreed, delivery for orders of at least €300.00 (excluding VAT) is free of charge to one delivery address within Belgium, the Netherlands, or Germany. For orders with an order value of less than €300.00 (excluding VAT), the following costs apply:

• Web orders: orders that are entered completely and correctly by the buyer via the online ordering platform made available by the seller: €9.95 per order
• Classic orders: orders placed via email, telephone, representative, or any order that is entered manually by the seller’s internal services: €25.00 per order
• Digital system integrations: orders submitted via an automated electronic data interchange: no transport or administrative costs, regardless of the order value.

The seller reserves the right to revise these rates periodically. Amended rates will be communicated in writing and will apply to all orders placed after the date of that communication.

6. Delivery times – Unless otherwise agreed in a specific and explicit written document, by which both parties have confirmed their consent other than by silence, delivery times vis-à-vis the seller are always obligations of best effort, never obligations of result. The mere fact that delivery times are not met therefore gives no rise to, nor legal basis for, compensation, regardless of the nature or extent of such alleged damage due to late delivery. No delivery delay entitles the buyer to postpone or suspend its own payment obligations. Any form of compensation due to delivery delay is contractually excluded. Any delivery delay caused by the buyer entitles the seller either to postpone all agreed delivery times by the same period, or to cancel the contracts, or to invoice the goods and keep them available to the buyer at the buyer’s expense, risk, and peril, and to demand payment for them. Unless otherwise agreed, the ultimate period for mandatory acceptance of the ordered but not accepted goods is set at 3 months. Thereafter, the seller has the right, but not the obligation, either to demand compulsory performance of the contract, or to declare the contract terminated subject to a lump-sum compensation in accordance with article 11, or to postpone the delivery date subject to a lump-sum fee of 2% per month of the unaccepted part of the contract.
7. Inspection of goods and services – The buyer is obliged to inspect the goods for conformity and defects within 10 calendar days following the time at which the goods leave the seller’s warehouse location or that of its agent. Disadvantages inherently linked to the weave structure, composition, or the agreed type of finishing/manufacturing cannot give rise to any complaint for non-conformity or defects. Contamination may occur on fabrics or garments of white or bright color due to traces of colored fibers, which is technically unavoidable and cannot give rise to any complaint for non-conformity or defects. The seller cannot guarantee absolute conformity between delivered and ordered quantities for specific products (possible rejection, etc.). Deviations of up to 10% are accepted by the buyer. Even when the buyer purchases the goods for a particular purpose, and regardless of whether that purpose has been made known to the seller, it is the sole responsibility of the buyer to test the suitability of the goods for that purpose in advance; in any case, the seller’s indemnification obligation will remain limited to the normal and customary use of its products.
8. Complaints – No complaint will be accepted regarding sold goods that have undergone any processing after leaving the warehouse location. No complaint will be accepted after the expiry of 10 calendar days following the time at which delivery as defined above took place. After expiry of that period, the seller will be released from all liability, including for hidden defects. The seller cannot be held liable for damage resulting from incorrect use of the product by the customer, which will be presumed upon the occurrence of damage and must be rebutted by the customer with counter-evidence. In the event of a timely and justified complaint, the compensable damage will be limited to the direct loss of value of the sold goods. Such compensation can in no case exceed the net price invoiced by the seller for those goods. If raw materials are imposed by the customer, the maximum compensation will be calculated on the net invoiced amount excluding the raw materials. The seller will always be entitled, at its sole discretion, to replace or rework the non-conforming or defective goods instead of paying compensation. Disputes regarding the conformity or defectiveness of the sold goods do not affect the enforceability of the seller’s invoices relating thereto.
9. Payment terms – The seller’s invoices are payable no later than the due date at the seller’s registered office. In the event of non-payment on the due date, the buyer shall by operation of law and without notice of default owe interest at 10% per year, as well as fair liquidated damages for collection costs equal to 10% with a minimum of €250, and in addition reimbursement of the actual legal costs in the event of judicial collection. Where applicable and at the seller’s choice, the Belgian law of 2 August 2002 on combating late payment in commercial transactions may be applied. The seller reserves the right to demand reasonable payment guarantees during the performance of the agreement. If the buyer has a payment delay or postpones the requested guarantees, or if its credit insurance decreases or lapses, the seller has the right, without notice, to suspend deliveries and postpone all agreed delivery times by the same period, or to cancel the contracts, invoice the goods and keep them available to the buyer at the buyer’s expense, risk, and peril, and to demand payment for them.
10. Retention of title – Sold goods remain the property of the seller until full payment of the price and any costs. Where applicable, the deferred retention of title applies. Notwithstanding the retention of title clause, the costs of loss of or damage to the goods are borne by the buyer. The buyer must inform the seller of any attachment of such goods as soon as possible. The retention of title will also apply when the seller’s customer has transferred the accepted goods, whether processed or not, to a third party that has not yet paid the seller’s customer for them. Paid advances may be retained to cover possible losses upon resale.
11. Force majeure – The following are conventionally considered force majeure between the parties: war, strike, lock-out, riot, serious supply problems regarding raw materials or transport, fire or machine breakdown at the seller or one of its subcontractors or suppliers, pandemic, etc. These release the seller from any responsibility regarding non-performance of its obligations and suspend the delivery times. Delivery delay as a result of one of these circumstances or events entitles the seller to an extension of the agreed delivery time equal to the duration of the force majeure, without the buyer being able to derive any right to compensation therefrom.
12. Exchange rate fluctuations – For contracts and orders in foreign currency, the seller reserves the right to adjust the sale price proportionally if, between receipt of an order or invoice and payment thereof, the official purchase rates of this foreign currency set by the ECB decrease by more than 3%.
13. Sale by sample – In the case of sale by sample, the conformity of the goods is determined exclusively on the basis of the qualities of the sample and without taking into account other references such as previous sales, technical data sheets, and the like. A sale by sample is only concluded when the parties explicitly agree to this and make arrangements for the preservation of the sample that will serve as the reference evidence.
14. Certification of protective workwear – For items that are certified as protective workwear in accordance with the applicable standards, the following additional provisions apply:

A certification procedure takes an average of 9 to 12 months from the start of the process.

The costs of certification are borne by the buyer, unless expressly and in writing agreed otherwise.

A certification is valid for 5 years, provided that no structural changes are made to the design, materials, or production process during this period.

15. Termination – cancellation – The mutual consent to purchase the goods by the customer is established by placing an order (whether or not after receiving a quotation). Placing an order is therefore binding. Orders may be placed via a signed quotation, email, or any other written communication. The sales agreement is concluded after acceptance of the order by the seller. When the buyer explicitly or implicitly indicates that it does not wish to accept purchased goods, or not in full, or when further performance of the agreement cannot take place due to the buyer’s actions, the buyer is obliged, at the seller’s first request, to pay compensation equal to 30% of the corresponding invoice value, unless the seller informs the buyer that the agreement must be fully performed, in which case the buyer is obliged to do so.
16. Industrial tolerances – Deviations in color, dimensions, or other properties that fall within the applicable industrial tolerances do not entitle the buyer to any form of complaint, price reduction, or termination of the agreement.
17. Confidentiality, intellectual property – The seller always remains the owner of all intellectual property rights in all goods developed for the customer (including, but not limited to, patterns, drawings, sketches, images and their realization in the garment, as well as constructions in the garment). Delivery of the goods does not imply any transfer of intellectual property rights. All designs delivered by the seller are exclusively intended for goods produced by the seller and may therefore not be made public, reproduced, or communicated to third parties without prior explicit permission from the seller. Intellectual property rights valid for all materials that the buyer makes available as part of commercial relationships remain with the customer (or any third party). The buyer guarantees that all supplied materials do not infringe the rights of third parties. The buyer fully indemnifies the seller against all possible claims and contingent obligations related to damage to third parties and will bear all costs arising from this.
18. Dispute resolution – Only the courts of the seller’s registered office shall have jurisdiction. Nevertheless, the seller reserves the right to bring proceedings before the courts of the buyer’s registered office. Belgian law applies, excluding the Vienna Sales Convention (CISG).
19. Language – In case of ambiguity or conflict when comparing these general terms and conditions of sale in the different translations, the Dutch-language version shall prevail and be guiding.
20. Returns – Ordered items may be returned within a period of 30 calendar days after the invoice date. Return requests outside this period will not be processed. A prior return number is required for each return shipment. This can be requested by email at returns@vanmoer.be or returns@vanmoer.nl. Only after written confirmation of this return number may the return shipment be carried out.

The following details must be stated with the request:

• Item and color number or name
• Size
• Number of pieces
• Reason for return
• Order or invoice number

The assigned return number must be clearly stated on the return packaging. Only items that are unworn, unwashed, and undamaged, including original packaging, qualify for return. Returns of personalized items, specials, custom-made items, or products provided with a company logo are excluded from return, except in the case of demonstrable manufacturing defects.