General terms and conditions of Altoure BV
1.1. In the context of these general terms and conditions, the following definitions apply:
1.1.1. Altoure BV: a company governed by Belgian law, headquartered at Orchideeënlaan 5, 8200 Bruges, Belgium, and registered under enterprise number BE 1019.119.810.
1.1.2. Client/Buyer: any individual or entity acting as a potential buyer, actual buyer, or client in relation to Altoure BV, or otherwise involved in a legal relationship with Altoure BV.
1.1.3. User: any individual who accesses the Altoure BV website, directly or indirectly.
1.1.4. Website: www.altoure.com
1.2. These general terms and conditions apply to every offer made by Altoure BV and to every agreement (see clause 2.5) formed between Altoure BV and its Client/Buyer. They also apply to all other legal actions, transactions, services, communications, and use of the Website.
1.3. By placing an order with Altoure BV or by receiving goods or services from Altoure BV, the Client/Buyer confirms that they: (1) have read and understood these general terms and conditions prior to the conclusion of the contract; (2) fully accept these general terms and conditions; and (3) acknowledge that these terms and conditions form an integral part of the agreement.
1.4. These general terms and conditions take precedence over any general conditions of the Client/Buyer, which are hereby excluded, regardless of when they are presented. The Client/Buyer acknowledges that Altoure BV is not required to explicitly reject such conditions.
1.5. If any provision of these general terms and conditions is found to be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that closely approximates the intent and scope of the original.
1.6. Altoure BV reserves the right to unilaterally amend these general terms and conditions. Such amendments shall also apply to existing contracts and shall take effect one month after publication, either through written communication or by posting on the Website. If the Client/Buyer does not agree with the changes, they must object in writing by registered mail within 10 working days of receiving the amended version. If no objection is received within that time, the Client/Buyer is deemed to have accepted the new terms.
1.7. In the event of a discrepancy between the Dutch version of these terms and any translations, the Dutch version shall prevail.
2.1. Altoure BV offers its vehicles by sending proposals or offers to potential Clients/Buyers.
2.2. As soon as the Client/Buyer expresses the intention to purchase a vehicle, Altoure BV will issue a proforma invoice. The issuance of the proforma is considered a formal acceptance of the Client/Buyer's order by Altoure BV.
2.3. Unless explicitly stated or agreed otherwise, all prices listed on the proforma invoice are exclusive of VAT and any other applicable taxes or charges, present or future, that may apply to the goods.
2.4. The proforma invoice price may or may not include transport costs, depending on the agreed-upon INCOTERMS and commercial negotiation. In some cases, transport costs will be listed as a separate line item. In other cases, a total price will be agreed that already includes delivery to a specified location, without a separately stated transport line.
2.5. The agreement is considered legally binding once the Client/Buyer has expressly accepted the proforma invoice in writing, either by returning a signed copy of the proforma and the general terms and conditions — by post, email, or via a legally valid digital signature.
3.1. Once the agreement has been formed in accordance with Article 2.5, Altoure BV will proceed with administrative preparation of the order. The final invoice will only be issued after full payment of the proforma invoice has been received, unless otherwise agreed in writing.
3.2. Unless explicitly stated otherwise, all invoices are payable by bank transfer and must be settled in the currency indicated on the invoice or proforma. In most cases, this will be euros, but other currencies may be used when agreed. Payments must be made to the designated account listed on the invoice.
3.3. Altoure BV will notify the Client/Buyer through the assigned sales representative once the vehicle(s) are ready for pickup or delivery. Payment must be made in accordance with the payment deadlines communicated during the sales process and/or published on the Altoure website. Unless otherwise agreed in writing, Altoure BV requires full prepayment based on the Proforma invoice prior to issuing any final invoice or releasing the vehicle. No post-invoicing payment terms apply.
3.4. Any disputes or complaints regarding an invoice must be submitted to Altoure BV within 8 calendar days of the invoice date, via a detailed registered letter. Complaints submitted after this period will be deemed inadmissible.
3.5. If payment is not made by the due date, the invoiced amount will automatically and without prior notice be increased with statutory late payment interest in accordance with the Belgian law of 02/08/2002, with a minimum of 12% per annum. Additionally, in the event of non-payment, a fixed penalty fee of 10% of the total outstanding amount — with a minimum of €250.00 — will be due automatically and without prior notice, without prejudice to Altoure BV's right to claim higher compensation if proven actual damages exceed this amount. Any applicable storage fees may also apply (see Articles 4.3 and 4.4).
3.6. In case of overdue payment (see Article 3.3): Altoure BV has the right to suspend its obligations under the agreement until full payment is received. All payment terms become immediately enforceable, all outstanding invoices payable, and any agreed discounts forfeited.
3.7. All payments will be applied to the oldest overdue invoice, and in the following order: first to any interest and fees, then to the principal.
4.1. Vehicles purchased by the Client/Buyer will only be delivered or released once the relevant invoice (or proforma) has been paid in full. If the parties have agreed that the Client/Buyer will arrange their own collection of the vehicle(s), such collection may only occur after full payment has been received.
4.2. Any delivery timelines communicated by Altoure BV are indicative only and do not constitute binding delivery commitments, unless explicitly agreed otherwise in writing.
4.3. If Altoure BV is responsible for the delivery of the vehicle(s), the parties will agree in advance on a final payment deadline (as outlined in Article 3.3) to allow proper planning of transport. If the Client/Buyer fails to make payment by the agreed deadline, the scheduled delivery may be delayed. In such case, the Client/Buyer shall owe a fixed penalty of €500 per vehicle, in addition to any applicable charges as outlined in Article 3.5.
4.4. If the Client/Buyer is responsible for collecting the vehicle(s), Altoure BV will notify them once the vehicle(s) are ready. The Client/Buyer commits to collecting the vehicle(s) — after full payment — no later than 10 calendar days from that notification date. Failure to do so will result in a storage fee of €2.50 per vehicle per day, starting from the 11th day, in addition to any late-payment penalties referenced in Article 3.5.
4.5. Upon delivery or collection, the Client/Buyer (or their authorized representative) shall sign a Delivery Report confirming that they have conducted a visual inspection of the vehicle(s), acknowledge the condition in which the vehicle(s) are delivered, and accept delivery in the state in which the vehicle(s) are received. Refusal or failure to sign this document may result in delayed handover and shall not release the Client/Buyer from their obligation to take delivery under the agreed terms.
5.1. The vehicle(s) sold remain the full legal property of Altoure BV until the entire purchase price, including any additional costs, taxes, and applicable penalties, has been paid in full by the Client/Buyer.
5.2. As long as ownership has not transferred, the Client/Buyer is not permitted to resell, pledge, lease, or otherwise transfer or encumber the vehicle(s) in any way without the prior written consent of Altoure BV.
5.3. If the Client/Buyer fails to meet their payment obligations, Altoure BV is entitled to reclaim the vehicle(s) without prior judicial intervention or formal notice. All costs associated with such recovery shall be borne by the Client/Buyer.
5.4. Notwithstanding the retention of ownership, the risk of loss, theft, damage, or destruction of the vehicle(s) shall pass to the Client/Buyer upon delivery or when the vehicle(s) are made available for collection, whichever comes first.
6.1. Events of force majeure — meaning any event beyond the reasonable control of Altoure BV, its suppliers, or its representatives (such as transporters) — shall include, but are not limited to: strikes, lockouts, transport or distribution interruptions, acts of war, fire, governmental or administrative regulations or restrictions, inability to obtain natural gas and/or other fuels or deliveries, technical failure of equipment or systems, lack of personnel, extreme weather conditions, accidents during transport, whether occurring domestically or abroad. Such events shall relieve Altoure BV of its obligation to perform its contractual commitments for the duration and to the extent of the impediment.
6.2. In case of force majeure, the Client/Buyer shall not be entitled to any price reduction, compensation, or termination of the contract.
6.3. In such cases, both Parties shall make all reasonable efforts to resume or commence execution of the Contract as soon as possible.
7.1. The Client/Buyer may only cancel an order if Altoure BV gives its prior written consent and upon payment of a fixed compensation of 10% of the total agreed price. This compensation is without deduction of any advance payments already made, and without prejudice to Altoure BV's right to claim higher damages if it can prove that greater actual losses were incurred. This clause applies unless otherwise agreed between the Parties.
7.2. Any advance payments made by the Client/Buyer shall in any case be retained by Altoure BV and are non-refundable.
8.1. Each of the Parties may terminate the Contract by sending a reasoned and registered notice of default, if the other Party fails to meet its obligations under this Contract and does not remedy such failure within eight (8) days after receiving said notice.
8.2. Each of the Parties may consider the Contract as automatically terminated in the event of the other Party's bankruptcy, judicial reorganization, liquidation, or manifest insolvency.
8.3. Neither Party shall be liable to pay any termination compensation in the event of a termination pursuant to Articles 8.1, 8.2, or 8.3.
9.1. Altoure BV undertakes to execute the Contract to the best of its ability but provides no guarantee to the Client/the Buyer, such that all its commitments under the Contract are obligations of means.
9.2. Any grounds for a potential claim for compensation must be communicated by registered letter with proper justification, and no later than 8 days after the act which allegedly caused the damage, under penalty of forfeiture.
9.3. If the Client/Buyer holds Altoure BV liable in any way, the Client must state in the registered letter a reasonable period of at least 30 days for Altoure BV to correct the uncontested defects and/or to limit or eliminate the damages caused. No liability shall be retained before the end of this period.
9.4. If Altoure BV fails to meet its contractual obligations, the Client/Buyer has the right to demand, subject to proof of attributable non-compliance, compensation for direct damages resulting from the defective execution.
9.5. Altoure BV is not liable for damages to third parties or for indirect damages (such as consequential damages, loss of profit, loss of goodwill, damages caused by business interruption, damages due to failure to meet agreed delivery or execution deadlines), except in cases of fraud or willful misconduct.
9.6. The Client/Buyer undertakes to provide in a timely and correct manner all information that Altoure BV deems necessary, or which the Client/Buyer should reasonably understand to be necessary or useful for the purpose of the preparation or execution of the Contract. The Client/Buyer assumes the risk of misunderstandings or errors in the performance of the Contract if these result from acts by the Client, such as late communication or failure to provide complete, reliable, and clear data/information.
9.7. Any liability of Altoure BV (whether contractual or extra-contractual, direct or indirect) is in all cases limited to the amount paid by the Client/Buyer in accordance with Article 3.1. Altoure Automotive reserves the right to replace defective goods/services free of charge within a reasonable period of at least 30 days.