Last updated: 16 October 2026
1. Scope
These terms and conditions contain the key stipulations that the parties have agreed, form an integral part of all offers and quotations issued by Le Grand Marché du Sol, with its registered office at Ter Donkt 2, 8540 Deerlijk (hereafter ‘LGMDS’), and apply to all agreements concluded between LGMDS and its customer (‘Customer’) and to all invoices issued by LGMDS, unless expressly agreed otherwise in writing, regardless of whether the Customer’s place of residence or registered office is in Belgium or abroad and regardless of whether the contract is to be performed in Belgium or abroad. These conditions take precedence over all the Customer’s conditions, even if the Customer’s conditions stipulate otherwise.
Subject to proof to the contrary, the Customer is deemed to have taken note of these conditions and to accept them simply by placing an order. If LGMDS does not apply one or more provisions of these general conditions, this can never be considered as a waiver of these general conditions.
2. Quotations and prices
Unless agreed otherwise in writing, quotations or offers are valid for 30 days and prices exclude delivery, transport and insurance costs, VAT, import and export duties, and other taxes, charges and levies. Quotations or offers are binding only after LGMDS confirms the order in writing.
If certain costs, which are not solely determined by LGMDS and which affect the agreed price, increase due to circumstances not determined by LGMDS, even if this occurs as a result of foreseeable circumstances, such as increases in (i) duties and excises on the goods to be delivered, (ii) freight rates, (iii) energy costs, (iv) prices of raw materials, (v) labour wages pursuant to legal provisions or national or sectoral collective agreements, or changes in currency, etc., LGMDS shall be entitled, subject to simple notification, to charge a proportionate price increase to the Customer.
3. Delivery periods
Agreed delivery periods are always indicative. If a delivery period is exceeded, the Customer cannot claim any compensation or terminate the agreement, and this cannot result in any liability for LGMDS.
4. Payment
Unless expressly stated otherwise, invoices are payable in cash at LGMDS’s registered office, in euros, net, and without discounts. All costs of collection and protesting, whether of accepted or unaccepted bills of exchange or of bank and discount charges, are payable by the Customer.
Unless invoices are contested by registered letter within eight days of being sent, they are deemed to have been accepted. Contesting an invoice does not suspend the payment obligation.
Any invoice not paid on the due date shall, from that day onwards, automatically and without prior notice of default, bear interest at an annual rate of 12%, without the interest rate being lower than the interest rate pursuant to the Act of 2 August 2002 on combating late payment in commercial transactions, as well as a fixed compensation equal to 10% of the outstanding amount with a minimum of EUR 50.00, even in the event of the granting of periods of grace and irrespective of LGMDS’s right to claim a higher compensation provided that proof of higher damage actually suffered is provided.
If one invoice is not paid on time by the Customer, (i) all other unpaid invoices become immediately and fully payable by operation of law and with no prior notice of default, regardless of whether these invoices have already fallen due, and (ii) LGMDS may, without prior notice of default and without being due any compensation, suspend the Customer’s other orders until the invoice has been paid in full, without prejudice to LGMDS’s right to terminate the contract in accordance with Article 11.
Regardless of the agreed payment terms and as soon as LGMDS’s confidence in the Customer’s creditworthiness is impaired, LGMDS reserves the right, even if all or some of the goods have already been dispatched, to fully or partially suspend further performance and to demand suitable guarantees from the Customer at the Customer’s expense. If the Customer refuses to do so, LGMDS reserves the right, without the Customer being entitled to any compensation whatsoever, to terminate all or part of the contract by right in accordance with Article 11.
As security for the payment of the outstanding invoices, the Customer pledges all his existing and future claims against third parties arising from his commercial activities (including claims against the State and other public authorities or legal persons governed by public law and insurance companies) to LGMDS, who accepts. LGMDS shall be entitled to notify the debtor of the pledged claims of this pledge. Set-off by the Customer is expressly excluded.
5. Retention of title
The delivered goods remain LGMDS’s property until payment, including any interest and costs, has been made in full unless LGMDS decides to waive this retention of title. In any case, loss, destruction or theft of the goods are entirely at the Customer’s risk from the moment the goods are delivered, or the Customer fails to take delivery of the goods. The retention of title also extends to all claims that take the place of the goods subject to retention of title.
The Customer has a duty of care with regard to the goods delivered under the retention of title and must store and keep them in perfect condition and in an appropriate place in accordance with the usual standards and requirements of the industry. Until the Customer has fulfilled all its obligations, the Customer undertakes not to use the delivered goods as a means of payment, not to sell or otherwise dispose of the goods, process or treat them, nor to encumber them with any security right. The Customer must inform LGMDS of any attachment of the goods delivered under retention of title.
If payment is not made in full on the due date, the Customer shall be obliged to return all goods delivered under retention of title to LGMDS at first request, in which case the contract shall be terminated by right, without judicial intervention and without prior notice of default to the disadvantage of the Customer without LGMDS being due any compensation to the Customer, and in such event the Customer shall pay LGMDS a fixed compensation amounting to 30% of the invoiced selling price of the goods concerned, without prejudice to LGMDS’s right to higher compensation if the damage actually suffered is higher.
6. Delivery and cancellation
Unless agreed otherwise in writing, the goods will be delivered Ex Works Deerlijk (Incoterms 2020) and at the Customer’s expense and risk, with LGMDS reserving the right to determine the method of transport, shipment and packaging. LGMDS may deliver the order in parts and may also invoice each part separately.
Cancelling an order prior to delivery requires LGMDS’s prior written consent. In such event, the Customer will pay LGMDS a fixed compensation equal to 20% of the agreed selling price of the goods, notwithstanding LGMDS’s right to higher compensation subject to proof of greater damage actually suffered.
7. Complaints and warranty
The Customer must check conformity of the delivery and for visible defects immediately upon delivery in the presence of the carrier. If applicable, the Customer must reserve its position in writing on the consignment note. Any delivery shortages or visible defects must also be notified to LGMDS by registered letter within no more than five days of delivery with an accurate and specific description of the defect, failing which the complaint will not be deemed admissible.
Complaints due to hidden defects must, under penalty of inadmissibility, be reported to LGMDS by registered letter with an accurate and specific description of the defect at the latest within eight days after discovery of the defect without being later than thirty days after delivery. Late complaints are inadmissible. Putting the sold goods into use, modifying, processing or disposing of them implies their acceptance. The Customer is solely liable if the directions for use or instructions of LGMDS and/or its suppliers have not been followed or if the goods have not been handled properly.
If the Customer makes an admissible and justified complaint relating to defects in the delivered goods, LGMDS’s liability will be limited to either repairing or replacing the goods, or reimbursing the price that the Customer has paid for those goods, at LGMDS’s discretion, without LGMDS being liable for any other compensation. Complaints about defects do not suspend the Customer’s payment obligation. Defective goods can be returned only with LGMDS’s express written consent and in accordance with LGMDS’s instructions.
Any warranty that LGMDS provides in respect of goods delivered is limited to and will never exceed the warranty that LGMDS receives from its suppliers. The warranty claim applies only after the Customer has paid the invoice in full.
8. Liability
LGMDS is liable only for damage resulting from its failure to comply with its contractual obligations if and insofar as this damage has been caused by its fraud, deceit, major or deliberate error. LGMDS’s liability is always limited to the amount invoiced. If the damage is covered by insurance, LGMDS’s liability will be limited to the amount paid by its insurer. LGMDS is never liable for indirect damage, including, but not limited to, consequential damage, loss of profit, loss of savings, production restrictions or stoppages, administration or staff costs, higher overheads, loss of customers, damage to property of the Customer or third parties, third-party claims or damage to third parties.
The Customer is solely responsible for the use of the goods. The Customer expressly accepts that the goods must be used in accordance with the technical regulations and specifications. The Customer undertakes to inform its customers thereof in turn and to indemnify LGMDS against any third-party claims or actions. The Customer expressly accepts that LGMDS cannot be held liable and that the Customer does not have the right to terminate the contract or to claim compensation in case of damage caused by use of the goods other than agreed or prescribed by LGMDS and/or its suppliers.
9. Force majeure
LGMDS is not liable if the non-performance of its obligations, wholly or partly, temporarily or otherwise, is due to force majeure, even if this circumstance was foreseeable, such as, among others, but not exclusively, war, riots, terror, general or partial strike or lockout, operating accidents, extreme weather conditions, fire, pandemics, infectious diseases, the non-fulfilment of obligations by LGMDS’s suppliers, bankruptcy of suppliers, breakdowns of electricity, internet, computer network or telecommunication facilities, government measures (such as, among others, but not exclusively, a trade boycott or embargo with regard to the goods to be delivered or a component thereof), general transport problems.
If force majeure occurs, LGMDS may, at its discretion and at any time, suspend delivery or terminate the agreement with the Customer with immediate effect, by operation of law, with no prior judicial intervention, with no prior notice of default, and without paying any compensation whatsoever.
10. Limitation period
Any claim that the Customer has against LGMDS will prescribe by operation of law if the related action is not brought before the competent court within six months of the date on which the Customer became aware, or should have become aware, of the facts on which the claim is based, although this cannot be later than twelve months after delivery.
11. Suspension and termination
All agreements between the Customer and LGMDS form part of a single overall contractual relationship. If the Customer fails to fulfil its obligations under one agreement, LGMDS may suspend the further performance of both that agreement and any other current agreements. LGMDS may also terminate all agreements with the Customer, with immediate effect, by operation of law, with no prior notice of default, and without paying any compensation, in these cases:
- (i) if the Customer continues to fail to fulfil (timely) one or more of its obligations under an agreement;
- (ii) if the Customer suspends its payments, petitions for or is declared bankrupt, or undergoes any reorganisation;
- (iii) if the Customer is liquidated or ceases its activities;
- (iv) if all or some of the Customer’s assets are attached.
If termination occurs, all of LGMDS’s claims against the Customer will become immediately payable by operation of law and the Customer must pay LGMDS a fixed compensation equal to 30% of the price stipulated in the agreement, notwithstanding LGMDS’s right to claim higher compensation subject to proof of greater damage actually suffered. Amounts that LGMDS has already invoiced before the termination remain due in full.
12. Applicable law
These general terms and conditions and the agreements to which they apply are governed by Belgian law, to the exclusion of the Convention of 11 April 1980 on contracts for the international sale of goods.
13. Jurisdiction
In case of disputes, the courts of Kortrijk have exclusive jurisdiction.
14. Severability
The invalidity or unenforceability of one or more provisions of these general terms and conditions, or part of them, does not affect the validity and enforceability of the remaining provisions. In such event, LGMDS and the Customer confirm that the judge may moderate that provision to the maximum extent permitted by the applicable law.
15. Personal data
If LGMDS processes personal data, this will be done in accordance with our privacy policy, of which the Customer may obtain a copy on simple written request, and in accordance with the General Data Protection Regulation and other applicable regulations.
16. Interpretation
If there is any uncertainty about the interpretation of these conditions, the Dutch text will always prevail.