Company Information
KBC Bank NV
Bedrijvencentrum Gent (KC3257)
Kortrijksesteenweg 1100, 9051 Gent
General account: BE16 7310 3746 1674
In Belgium companies do not have a Chamber of Commerce number but a Belgian Company Number. In case of EURASIACORP the company number is 0822663433.
1. General
1.1. These General Conditions of Sale and Delivery (“Conditions”) shall be applicable to all offers, order confirmations and deliveries (“Goods”) by EURASIACORP N.V., (hereinafter referred to as “Seller”) and shall form an integral part of the sales agreement (“Agreement”) between Seller and Buyer. No other general conditions shall be applicable or set aside these Conditions unless expressly agreed to by Seller in writing.
1.2. Seller and Buyer agree that valid, enforceable and binding obligations may result from electronic means of communication. Any electronic communication between Seller and Buyer shall considered to be a “writing” and/or “in writing”.
1.3. Seller (as defined below) hereby expressly rejects the applicability of any general conditions of the Buyer.
2. Price
Prices and currencies of Seller’s Goods are as set out in Seller’s order confirmation. Unless agreed otherwise, Seller’s prices include standard packaging but do not include Value Added Tax or any other similar applicable taxes, duties, levies or charges in any jurisdiction levied in relation to the Goods or the delivery thereof (“Taxes”). The amount of any Taxes levied in connection with the sale of the Goods to Buyer shall be for Buyer’s account and shall be added to each invoice or separately invoiced by Seller to Buyer. If Seller grants a discount, this discount only relates to the delivery specifically mentioned in Seller’s Confirmation.
3. Delivery
3.1. Unless expressly stated otherwise in Seller’s Confirmation, all deliveries of goods shall be FCA Seller’s point of loading, Incoterms© 2020.
3.2. For each shipment of the products, Buyer shall, as condition for delivery, notify Seller in writing of the quantity, preferred date of delivery, and any relevant shipping instructions. If Buyer does not timely or not adequately supply the above- mentioned information, Seller shall not be liable for non-delivery or for any delay in delivery.
3.3. Seller shall to the best of his ability observe the time of delivery agreed upon. However, delays shall not entitle Buyer to claim cancellation of the Agreement and/or indemnification. An agreement which does not or not accurately specify the delivery times, or in which other specifications are missing, shall not become binding upon Seller until the missing delivery times and/or specifications have been communicated to Seller and have been agreed upon.
3.4. The quantities stated in shipping documents such as weight certificates, bills of lading, sea-way bills, liner-way bills, and freight receipts, shall be deemed correct unless proven to be incorrect. Seller may deviate up to 10 % from the agreed quantities and the sum to be paid by Buyer shall be adapted accordingly.
4. Payment
4.1. Unless expressly stated otherwise in Seller’s Confirmation, payment shall be made based on net cash, to be received by Seller within fourteen (14) days following the date of Seller’s invoice for the Goods by means of transfer into the bank account mentioned on the invoice. All payments shall be made without any deduction on account of any Taxes and free of set-off or counterclaim.
4.2. Seller may, without prejudice to any other rights of Seller, charge interest on any overdue payment at the higher rate of either twelve percent (12%) per annum or one and a half times the prevailing rate under applicable law per annum, but not to exceed the maximum interest rate permitted under applicable law, from the due date computed daily until all amounts outstanding are paid in full. All costs and expenses incurred by Seller with respect to collection of overdue payments (including, without limitation, reasonable attorney’s fees, expert fees, court costs and other expenses of litigation) shall be for Buyer’s account.
4.3. If any amount of the invoice is disputed by the Buyer, the Buyer shall inform the Seller of the grounds for such dispute within seven (7) days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
5. Cancellation
Cancellation of the Order by the Buyer will only be accepted on condition that 10% of the order value will be reimbursed to the Company forthwith.
6. Retention of title
Title in the goods shall remain with Seller if Buyer has not paid the full purchase price. If payment is not made in time or in full, Buyer shall at Seller's first request return the goods to Seller. Failing this, Seller shall be
entitled, without prejudice to his other rights and remedies, to take back the sold goods without any summons, notice of default or judicial intervention being required. As long as Seller retains title in the goods sold, said goods shall be used only by Buyer himself for processing or working up in the normal conduct of his business. Buyer acquires the title to the package material (including but not limited to pallets, cardboard boxes, big bags etc.) unless on the packaging materials is indicated that the Seller or a third-party claims retention thereto.
7. Default by Buyer
Seller, which in this respect Is also understood to mean all companies forming part of the same group of companies as Seller, has the right to set off any sums receivable from Buyer, which in this respect is also understood to mean all companies forming part of the same group of companies as Buyer, against any sums payable to Buyer.
8. Warranty
No warranty is given and no representation is made by Seller, whether express or implied, as to the usefulness, sufficiency, merchantability or fitness for any purpose whatsoever of the goods supplied, unless explicitly given respectively made in writing. The correctness of information provided by Seller regarding the quality, composition or possible applications of the goods is warranted only if such warranty is explicitly stated in the sales agreement.
9. Liability
9.1. The products shall be deemed accepted by Buyer, and Buyer shall be deemed to waive any claims, unless Seller is notified in writing of a claim within seven (7) days of the date of delivery, Buyer shall inspect all shipments forthwith.
9.2. Seller’s liability shall not exceed the net sales price of the goods concerned. In no event shall Seller’s liability include indirect or consequential damages.
10. Inspection, claims, notification
10.1. Upon receipt of the goods, Purchaser shall inspect the same, by analysis or otherwise, exercising such care is customary or appropriate in the circumstances. Any claims concerning the quality or quantity of the goods delivered shall be submitted by Buyer to Seller within seven (7) days from the date of receipt of the goods.
10.2. Goods shall not be returned to Seller without prior written consent of Seller.
11. Force Majeure
Neither party shall be deemed to be in default under the sales agreement and no liability shall result from non-performance of the sales agreement, if and to the extent the non-performance is caused by circumstances beyond the reasonable control of the failing party, including, but not limited to, war, fire, explosion, terrorist attacks, storm, flood, earthquake, sabotage, acts of government, labour disturbances, shortage of energy, raw materials and means of transport, break-down of machinery and plant start-up problems.
12. Setoff
Seller, which in this respect Is also understood to mean all companies forming part of the same group of companies as Seller, has the right to set off any sums receivable from Buyer, which in this respect is also understood to mean al companies forming part of the same group of companies as Buyer, against any sums payable to Buyer.
13. Applicable law
Belgian law shall be applicable to these general conditions and any Order. The United Nations Convention on contracts for the international sale of goods (the Vienna Purchase Contract concluded at Vienna on 11th April 1980), shall not be applicable to the agreement.
14. Disputes
All disputes arising between Seller and Buyer in connection with the Agreement between the Parties shall at Buyer’s option be submitted either to one or more arbiters in accordance with the regulation of the Belgian Arbitration Institute (B.A.I. - Belgische Arbitrage Instelling), the arbitration proceedings taking place in Gent, Belgium and conducted in French, Dutch or English, or to the competent Court of Ghent, Belgium.
PRIVACY STATEMENT
EURASIACORP NV is committed to being transparent about how it collects and uses your data and to meeting its data protection obligations. This Privacy Policy is to help you understand what data we collect and what we do with it.
EURASIACORP NV is committed to respecting the rights of the people whose personal data is being processed. Therefore, EURASIACORP NV complies with data protection regulations such as the General Data Protection Regulation (“GDPR”) and the national laws of the countries in which it operates.
Controller
EURASIACORP NV, registered at Dok Noord 4C - 005, 9000 Gent, Belgium, under CBE (KBO) number BE 0822.663.433 (hereinafter: “EURASIACORP”) is the controller, as it determines the means and purposes of the processing of your personal data.
Personal data we collect about you
If possible, we will try to collect the personal data directly from the person concerned. However, it may be necessary to collect personal data from third parties in the context of future relationships (e.g., customers or candidates).
Personal data submitted to EURASIACORP via the website, by email, or by any other means:
- contact form filled out by you (website): name, email, address, phone, and message
- job applications (website or via recruitment company): application forms, CV, interview notes, and related recruitment information
- the content of correspondence with us (by email, phone, or letters)
- contact details of past, present, and future customers
- contact details of past, present, and future suppliers or partners
Technical information:
- We collect a few cookies, and small text files sent from our website and stored on your device. We only use essential cookies, which are necessary for the functioning and security of the website.
Purposes
In general, we may have to process all categories of personal data to comply with applicable legal or regulatory requirements, relevant industry standards, and our policies, and for litigation or defense of claims.
- customers’ and prospects’ personal data:
We use your contact for the performance of your contract(s) with EURASIACORP. We process your personal data to deliver and provide our products or services and to invoice them.
We also use your contact details to further inform you about our products and services that are in line with our already existing relationship and for marketing such as offering promotions.
- Suppliers’ and partners’ personal data:
We process your contact details to conclude and execute our agreements and manage our relationships.
- Investors’ and shareholders’ data:
We use your personal data to manage our relationship and our obligations to you. We maintain contact details for external communications and to respond to your queries
- Job applicants’ data:
Your personal data are stored for the recruitment and selection procedures. More specifically, your personal data are processed for the purposes of assessing your profile and skills to fit a job and making you specific job offers.
Retention of your personal data
Your personal data is kept in our information systems only for as long as is necessary for the purposes for which it was collected (as described above). It will be deleted once it is no longer needed by us and once all requirements at law have been met.
We will retain and use your personal data for as long as reasonably necessary to perform our agreements or to consider tenders, to comply with our legal obligations (such as accounting and tax obligations), and to resolve disputes or enforce our agreements. Therefore your personal data will be held during the duration of our contractual relationship and up to 10 years thereafter.
Application forms (CVs), interview notes, and references of unsuccessful candidates are kept for a period of one year following the last interview.
In all cases, personal data may be kept for a longer period of time where there is a legal or regulatory reason to do so or a shorter period where the individual objects to the processing of their personal data and there is no longer a legitimate purpose to retain it
Disclosure to third parties
EURASIACORP does not share your personal data with third parties, unless:
- with subcontractors and third parties for the purpose of the performance of a contract that we hold with them or that we hold with you
- with third-party service providers who perform services on our behalf to help us with our business activities. These service providers are limited to only using your personal data as instructed to carry out their tasks permitted or required by applicable law or regulatory requirements
- with law enforcement authorities or other governmental bodies
- with other third parties with your consent
Transfer to third countries
When we transfer your personal data to other countries, outside of the European Economic Area, EURASIACORP will take measures to ensure that your personal data is exclusively processed in accordance with this Privacy Statement and that adequate levels of protection have been implemented in order to safeguard your personal data. These arrangements can include standard contractual clauses or approved certification mechanisms.
Your rights
In accordance with the General Data Protection Regulation, you have the right to request information about our use of your information or opt-out of certain uses. You may exercise your rights at any time by contacting us at info@eurasiacorp.com .
In accordance with the GDPR, EURASIACORP will respond to your requests to exercise the following rights:
- access or request a copy of the personal data held by EURASIACORP about you. We will require proof of identity before fulfilling such requests
- for rectification or updating of incorrect data and erasure of your personal data
- request to restrict the processing of your personal data. This means we are permitted to store the data but not further process it
- object to the processing of your personal data if it is based on legitimate interest
- the right to lodge a complaint with the supervisory authority (in Belgium: de Gegevensbeschermingsautoriteit)
Data security
EURASIACORP has security policies and procedures in place to protect your personal data from unauthorized loss, misuse, alteration or destruction. Despite our best efforts, however, security cannot be absolutely guaranteed against all threats.
To the best of our ability, EURASIACORP has taken steps to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services processing personal information. These actions may include physical security measures, network security measures, and organizational measures such as confidentiality clauses and restricted access.
Changes to our Privacy Statement
EURASIACORP may change this Privacy Statement from time to time to reflect new legal or regulatory obligations or in response to new data processing activities. Any such changes will be posted here and will be effective from the time they are communicated, or, if required when we have obtained your consent. We advise you to check back frequently to see any updates or changes.
This Privacy Statement was last reviewed on November 8, 2022.
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