General terms and conditions of Sale
STUC&CO SRL – Stucco-deco.com
1. Scope of Application
STUC&CO SRL, whose registered office is located at Avenue des Artisans 51, unit 8, 7822 Ghislenghien, Belgium, and regi
The term “Buyer” refers to any natural or legal person with whom Stuc&Co enters into a contract for the provision of services or the sale of products.
Unless otherwise stated, the relationship between the Seller and the Buyer shall be governed by these General Terms and Conditions, which are deemed accepted by the Buyer upon acceptance of the offer, without any restriction or reservation. The Buyer therefore waives the right to rely on any contradictory document, in particular their own general and/or specific conditions, even if such conditions stipulate that they apply exclusively. Any deviation from these General Terms and Conditions shall only be valid if expressly agreed in writing by Stuc&Co, with specific reference to the article being waived. When an offer or quotation is issued by Stuc&Co, the specific terms contained therein modify or supplement these General Terms and Conditions.
2. Formation of the Contract and Prices
All prices are expressed in euros, excluding VAT and shipping costs.
The Seller reserves the right to modify the characteristics and prices of its catalogue at any time, particularly in response to changes in the cost of raw materials, indexation, transport costs, etc.
All offers are made without commitment and are valid only within the period indicated on the quotation. The contract becomes effective only after acceptance by the Buyer, which may take the form of payment of the amount indicated in the offer or a deposit, if applicable, within the time limit mentioned in the offer. After this deadline, offers may be subject to revision, increase, or cancellation.
If any modification is made to the quotation, Stuc&Co reserves the right to revise its prices.
Any order for tinted paints, temporary or promotional items, or personalized products (such as customized goods) is irrevocable. The Buyer may cancel the order only by paying a cancellation fee equal to 100% of the order amount.
In all other cases, if an order or part of an order is cancelled, the Seller reserves the right to charge a flat-rate indemnity of 30% of the cancelled order value, without prejudice to its right to demand full execution if the order has been partially or fully processed.
For training sessions provided by the Seller, in case of no-show or cancellation less than 72 hours before the scheduled date, the Buyer is not entitled to any refund, even partial.
3. Payment
Unless otherwise stipulated or specified on the invoice, all invoices, after deduction of any deposit paid, are payable immediately or, in the case of delivery, within 14 days following the shipment of the goods by the Seller.
The Buyer undertakes to pay the total amount of the order by the due date indicated on the invoice. In case of non-payment by that date, an initial reminder by email will be sent free of charge. A second email reminder will also be sent free of charge within a reasonable period.
If payment is still not made after these two electronic reminders, a third reminder will be sent by postal mail, accompanied by a flat administrative fee of €25.00 to cover processing and mailing costs.
In case of non-payment, the amounts due to Stuc&Co will, by operation of law and without prior notice, incur a late payment interest of 2% per month from the due date, each month started being considered as fully elapsed, along with an irreducible flat-rate penalty of 10% of the unpaid amount, with a minimum of €75.
The non-payment of a single invoice at its due date renders all other outstanding invoices immediately payable, by operation of law and without prior notice.
4. Delivery and Collection
Delivery times are provided for information purposes only and do not bind the Seller.
The Buyer is required to collect their purchases within the agreed period, unless exercising a valid right of withdrawal as defined in the following section. Otherwise, the Seller is entitled to demand payment for the uncollected products without judicial intervention.
Deliveries are made to the address indicated by the Buyer when confirming the order.
Upon receipt, the Buyer must inspect the goods and may make any claims under their right of withdrawal (for e-commerce orders) or under statutory warranty rights, as outlined in Article 5 of these Terms. The Buyer must check the external condition of the package before signing for delivery and immediately report any damage to the carrier; failure to do so will release the Seller from liability. The Buyer may also refuse the parcel if it appears to have been opened or damaged during transit. In that case, any claim must be communicated to the Seller within three business days of delivery.
In case of partial delivery (e.g., some products out of stock), each delivery may be treated as a separate transaction.
The Seller’s delivery obligation is fulfilled once the goods are delivered to the Buyer. The transport provider’s report constitutes full proof of delivery if the Buyer refuses receipt. In such cases, all return, storage, and related costs shall be borne by the Buyer.
Delays in delivery do not entitle the Buyer to compensation or cancellation of the contract.
In cases of force majeure, strike, lockout, pandemic, or similar events, if the Seller is unable to fulfill the contract, it reserves the right to terminate it without any compensation.
5. Right of Withdrawal
In accordance with Article VI.45 §1, 8° and Article VI.49 §1 of the Belgian Code of Economic Law, the Buyer (if not acting as a business) has a 14-day period to withdraw from a distance contract, without giving any reason and without incurring costs other than those specified in Articles VI.50 §2 and VI.51. The Buyer is always responsible for the return shipping costs.
The Seller is not required to refund additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard option offered.
The 14-day withdrawal period starts on the day after the Buyer or a third party (other than the carrier) takes physical possession of the goods, or:
a) for multiple goods ordered together and delivered separately – the day the Buyer takes possession of the last item;
b) for goods consisting of multiple lots or pieces – the day the Buyer takes possession of the last lot or piece;
c) for regular deliveries over a defined period – the day the Buyer takes possession of the first good.
Before the withdrawal period expires, the Buyer must inform the Seller of their decision to withdraw by means of an unambiguous statement.
The Buyer must return the goods to the Seller’s registered office without undue delay and no later than 7 days after notifying the Seller of their decision to withdraw. The Seller will refund all payments received from the Buyer, excluding the above-mentioned costs, within 14 days of being informed of the withdrawal decision and after timely receipt of the returned goods. The Buyer is responsible for any depreciation of goods resulting from handling beyond what is necessary to establish their nature, characteristics, and proper functioning. If goods are returned in a depreciated condition, the Seller may claim compensation for the loss in value.
In accordance with Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalized.
Since the addition of pigment to paint constitutes customization according to the Buyer’s specifications, this exception applies.
6. Complaints
Any complaint relating to an invoice, delivery discrepancies, product composition, weight, quantities, packaging, or pricing must be made within 5 days of receipt of the goods or invoice, depending on the nature of the claim.
After this period, no claims will be accepted by Stuc&Co.
Displayed colors are for informational purposes only. Colors visualized or ordered by the Buyer do not entitle them to any compensation. It is the Buyer’s responsibility to check or test the shade and gloss level before ordering.
The Seller cannot be held responsible after the product has been applied.
7. Retention of Title
The Buyer does not acquire ownership of a product until full payment of the amount due, including all related fees and charges. The Seller expressly reserves the right to demand the return of goods in case of non-payment. The Seller is subrogated to the Buyer’s rights to recover goods held by third parties. The Buyer acknowledges awareness of this retention of title clause when placing the order.
8. Force Majeure
In cases of force majeure, the Seller is not obliged to fulfill its obligations. The Seller may suspend its obligations for the duration of the force majeure event. “Force majeure” includes any circumstance beyond the Seller’s control that prevents full or partial fulfillment of its obligations, including strikes, fires, technical failures, power outages, disruptions to telecommunication networks or internet services, late or non-delivery by suppliers, and lack of government authorizations.
9. Intellectual Property Rights
The Seller reserves the right to affix its name and trademark to its products. The Buyer acknowledges that all intellectual property rights relating to the products remain the property of the Seller. The Buyer shall respect these rights and comply with the Seller’s related instructions.
The Buyer is not authorized to use any trademark or distinctive sign of the Seller without prior written consent.
10. Personal Data
The Seller processes the Buyer’s personal data in accordance with its privacy policy and in compliance with applicable data protection laws and regulations.
11. Jurisdiction in Case of Dispute
All contracts and offers are governed exclusively by Belgian law. In the event of a dispute, only the French-speaking courts of the judicial district of Tournai shall have jurisdiction.