Terms & Conditions

Terms & Conditions

GENERAL SALES CONDITIONS AS OF 01.01.2025

These general terms and conditions apply to all offers, quotations, and deliveries of goods from MANUTTI, with its registered office at 9790 Wortegem – Petegem, Boskant 11, registered in the legal entities register under number 0476.263.070 (hereinafter ‘Manutti’).

By placing an order, entering into an agreement, or accepting a quotation, the customer expressly declares that they have taken notice of and accepted these general terms and conditions. The customer acknowledges that they have had a reasonable opportunity to become familiar with these general terms and conditions before conducting the contract.

Any modification to these general terms and conditions is only possible insofar as it has been expressly and in writing accepted by both parties. In case of contradictions between any special conditions or an individual contract, and these general terms and conditions, the provisions of the separate contract will take precedence.

Any offer and any (also future) contract is governed by the present terms and conditions, which form an integral part thereof . The present terms and conditions shall apply to contracts for the sale of products (stock or custom made).

Article 1. Offers and quotations

1.1 All price calculations, offers and quotations from Manutti are valid for 30 calendar days from the quotation date, unless otherwise expressly stated in the quotation.

1.2 Manutti is only bound by the quotations if the customer confirms their acceptance in writing within the validity period. In case there is no prior written consent as to the price, the prices valid on the day of the order shall apply.

1.3 Amendments to an order can only be accepted within 24 hours after the mailed confirmation. Any changes afterwards are at customer’s full responsibility and expense.

Article 2. Prices

2.1 Unless expressly agreed otherwise, the prices mentioned to the customer do not include any governmental taxes, levies or other charges. The customer shall bear such taxes, levies or charges and, if they are charged to Manutti or need to be paid by Manutti as a matter of law, shall reimburse the same to Manutti upon first request.

2.2 An advance may be requested, in which case this will be stated in the quotation. Payments of advances are non-refundable and cannot be reclaimed by the customer.

Article 3. Payment Terms

3.1 Invoices must be paid into the bank account indicated on Manutti’s invoices within 30 days of receipt of the invoice by the customer, unless otherwise expressly stipulated.

3.2 Payment must be made in full and without any deduction.

3.3. Any amount that has not been paid on the due date shall automatically and without notice bear a legal and conventional interest of 1% per month. Additionally, if the invoice remains wholly or partly unpaid without valid reason by the due date, Manutti is entitled to claim a lump-sum compensation of 12% of the outstanding amount, with a minimum of 250,00 euro, without prejudice to Manutti’s right to claim higher (additional) compensation if actual damage is proven.

3.4. If payment by instalments has been agreed to by Manutti, and one the instalments is not paid in time or not paid in full, the outstanding amount shall become automatically due.

3.5 In case of non-payment on the due date, all other outstanding claims against the customer become automatically due without prior notice. In such cases, Manutti also reserves the right to suspend the execution of all current orders without prior notice and without compensation.

3.6 In instances where advance payments are required, the goods will only by shipped by Manutti after the full payment has been received. Manutti reserves the right to delay the shipment until complete payment is confirmed.

3.7 If objective elements (e.g. without limitation, protested bills of exchange, cancellation of credit, attachment or seizure, the opening of an insolvency procedure) indicate that the customer is facing liquidity problems, Manutti has the right to make the fulfilment of its obligations subject to the receipt of sufficient guarantees. The costs for the establishment of such guarantees shall be borne by the customer.

Article 4. Delivery

4.1 Unless expressly stated otherwise, delivery times are indicative and not binding. Delays in delivery shall not constitute a valid cause for termination of the contract by the customer. The customer accepts that any modification of the order automatically prolongs the indicative delivery time. Delivery may also be suspended in case of any delay in the payment of advances.

4.2 Unless expressly agreed otherwise, all goods and materials are delivered Ex-Works at a warehouse of Manutti (Incoterms 2020).

4.3 All risks transfer to the customer upon delivery. The risk of transport is carried by the customer, even if Manutti takes care of, organises or is otherwise involved in the transport.

4.4 It is the customer’s duty to ensure that all necessary precautions have been taken and all conditions have been met to take delivery at such time and place as is indicated by Manutti. Damages caused because the foregoing has not been complied with shall be borne by the customer.

4.5 If the customer fails to collect the delivered goods within 3 weeks after notification of delivery, Manutti reserves the right to charge a storage fee. This also applies to the case where the customer fails to accept the proposed pick-up/delivery date. This fee will amount 50 euro per week, commencing from the first day after the expiration of the aforementioned three-week period. Manutti is entitled to store the goods at the customer’s expense. The customer remains responsible for all costs and risks associated with the storage of the goods, including but not limited to damage loss or theft.

4.6 The customer shall conduct a visual inspection of the goods, materials and packaging immediately at delivery, according to the ‘Guidelines of receiving Goods’ on the Professional Zone. Any shortages or apparent defects shall be detailed on the CMR and/or delivery note.  In the same time, the customer shall fill in the ‘Claims Form’ on our Professional zone without delay and at the latest within 2 business days. The customer shall make all defective products in the original labelled packaging available for inspection, and, only on Manutti’s request the customer shall return all such products in the original labelled packaging to Manutti or an appointed service partner. Manutti shall not be liable for any visible defects or non-conformity if the customer has failed to comply in any manner with this provision or with Manutti’s return policy.

4.7 If the customer refuses to accept delivery, makes it impossible for Manutti to carry out the delivery or substantially delays the delivery, Manutti shall be entitled to terminate the contract by giving written notice, without there being any need for a court ruling or any other formality. As of such written notice, the contract shall be deemed to be terminated on account of a breach by the customer and compensation shall be due. Without prejudice to Manutti’s right to prove and claim the higher actual damage, compensation shall amount, as a minimum, to a lump sum of 35% of the total purchase price exclusive of VAT. If the contract relates to custom made products such compensation shall amount, as a minimum, to a lump sum of 75% of the total purchase price exclusive of VAT. When partial delivery has already taken place, Manutti shall be entitled to invoice the customer for that part and to terminate the contract for the rest. In such case the lump sum compensation shall be 35% of 75% of the purchase price exclusive of VAT of the goods that have not been delivered.

Article 5. Retention of title

Manutti remains ownership of the delivered and/or ordered goods until full and effective payment of the principal amount, interest, costs, and taxes relating to them. The customer is not entitled to dispose of, pledge, or encumber the goods in any other way until ownership has passed. In het event of non-payment on the due date, Manutti is entitled to reclaim the goods at the customer’s expense, and Manutti also reserves the right to enforce its right to compensation.

Article 6. Complaints and warranty

6.1 Manutti guarantees the customer against hidden defects that render the goods unsuitable for their intended use. The burden of proof rests on the customer. The customer is required to inform Manutti via the “claims form” on the Professional Zone within 2 weeks following the date on which the customer has become aware of such defect.

6.2 The customer shall make all defective products in the original labelled packaging available for inspection upon request. If required, the customer shall return all such products to Manutti or Manutti’s appointed service partner. Manutti shall in no way be liable for any hidden defect if the customer has failed to comply in any matter with this provision or with Manutti’s return policy.

All product return must receive prior approval from Manutti. No credit note or compensation will be issued until the return has been accepted and approved by Manutti.

6.3 Manutti shall only be held liable when the hidden defect becomes apparent within one year from the delivery of the goods.

6.4 If a lack of conformity or defect has been notified in accordance with these terms and conditions, the customer may only require Manutti to repair the goods or to replace them, at Manutti’s sole discretion, in either case free of charge. Costs of return are beard by the customer. Manutti shall not be liable for any other costs (e.g. without limitation: transportation costs, installations costs, expenditures, damages or any cost that is in any manner related to the defect in the goods and materials).

6.5 Manutti cannot be held responsible for variations in colour, weight or dimensions, since such variations are typical to handmade furniture. Some of the fabrics or materials shown in pictures of Manutti’s furniture may be discontinued.

6.6 Manutti applied a 3 (three) year warranty period to its branded products, with exception of cushions, protective covers and textiles, against manufacturing and material errors that would affect their use, and this under normal residential use and conditions. Discolouration, fading colours, changes in wood structure, cracks and scratches occurring (in varnish) during use, damage resulting from defective maintenance or inappropriate use, mishandling etc are not covered. In the event of a (warranty) claim, pass all necessary information to Manutti following the instructions in our Professional Zone. Under no circumstances shall the warranty amount exceed the original price by the customer, inclusive of any discounts or reductions applied at the time of purchase.

Article 7. Liability

7.1 All claims to guarantee for lack of conformity expire in the event of damage caused during transport, processing, assembly or maintenance, changes and/or repairs made by the customer or a third party, in the event the delivered goods are not assembled or processed, used or installed according to Manutti’s instructions and/or the instructions of the manufacturer. The same applies if the goods have not been submitted to an annual check-up or have not been maintained according to Manutti’s maintenance instructions and/or the instructions of the manufacturer.

7.2 Any liability that is imposed by mandatory law shall, to the extent permitted by such mandatory law, be limited to the amount covered by Manutti’s insurance.

7.3 The customer shall protect Manutti against all claims made by third parties with regard to be delivered goods that would exceed Manutti’s obligations. The customer shall inform Manutti of all claims concerning the goods and undertakes to diligently follow up all claims so as to protect the good name of Manutti and Manutti’s products.

7.4 The parties expressly agree that the recovery of damages caused by the non-fulfilment of a contractual obligation by an auxiliary person (“hulppersoon”), within the legal limits, shall exclusively give rise to a contractual liability claim against Manutti. No extracontractual liability claim can be brought against the auxiliary person, even if the cause of damage can also be considered tort. For the purpose of these general terms and conditions, “auxiliary person” shall be limited to employees, independent contractors, and directors of Manutti or its related companies.

Article 8. Force majeure and hardship

8.1 In the event of force majeure, Manutti is entitled to suspend the execution of the contract or terminate the contract wholly or partially, without being liable for any compensation.

8.2 ‘Force majeure’ means any circumstance beyond control of Manutti, which prevents the fulfilment of  obligations towards the customer in whole or in part or makes it unreasonable for Manutti to fulfill these obligations.

8.3 In case of a fundamental change in economic circumstances results in an unreasonable or disproportionate burden on either party, the parties will negotiate in good faith to agree on a fair adjustment to the contract.

Article 9. General provisions

9.1 Nullity. The possible nullity or unenforceability of any provision of the general terms and conditions does not affect the validity or enforceability of the other provisions. An (entirely or partially) invalid or unenforceable provision will automatically be replaced by a new, valid, and enforceable provision, retroactively effective as of the contract's start date, which approximates the objective (including economic consequences) and text of the original provision as closely as possible.
9.2 Balance. The parties declare and confirm that each clause of these general terms and conditions is proportionate to the whole of the other clauses, that the rights and obligations arising from the general terms and conditions are balanced, and that the customer has had the actual opportunity to negotiate the clauses and influence their content.

9.3 No premature termination. A claim of premature non-performance is excluded.
9.4 No price reduction. In the case of non-serious breaches, normal prices and fees remain applicable, and the customer cannot demand a price reduction from Manutti.

9.5 Set-off. Amounts owned by the customer to Manutti cannot in any way be offset against any amount the customer may claim is owed by Manutti, neither can the customer invoke such claims to justify the suspension or postponement of his payment obligations.

9.6 Amendments. Manutti reserves the right to unilaterally amend these general terms and conditions. Manutti will inform the customer of these changes via email or another electronic format. Amendments will take effect 30 calendar days after written notification to the customer, unless the customer objects in writing within this period. In case of objection, the original conditions will remain in force until a new agreement is reached, or the collaboration is terminated. Continuation of the collaboration after the amendments take effect is considered acceptance of the new terms.

Article 10. Data protection

Manutti respects your rights when processing your personal data. You will find how Manutti collects, processes and uses your personal data in the “Privacy Statement” which is on the website: www.manutti.com and in our Professional Zone.

Article 11. Applicable law and disputes

Any dispute between Manutti and the customer shall be within the exclusive jurisdiction of the courts of the judicial district of Gent, division Kortrijk.

All contracts are governed by Belgian law. The applicability of the Vienna Convention on the International Sale of Goods is explicitly excluded.