General terms of sale

Draft terms

This text is the draft of the general terms of sale of the future company Hallfort SRL (en constitution), which is being incorporated. A lawyer will review it before the first sale.

No sale is concluded on the basis of this draft until the company is incorporated.

1. Scope

These terms govern the sale of steel-frame kit buildings and related services (study, coordination, delivery, optional assembly) concluded by Hallfort SRL (en constitution) ("Hallfort") with customers in Belgium, the Netherlands and Luxembourg, whether businesses or consumers.

Hallfort sells, configures, prices and coordinates. The steel structure is fabricated and CE marked by partner fabricators. Assembly, if ordered, is carried out by partner crews.

A consumer is any natural person acting for purposes outside their trade or profession. Provisions reserved for consumers are marked as such. The others apply to all customers.

The customer's own general terms do not apply, unless Hallfort agrees in writing. The special conditions written in the quote prevail over these terms.

2. The configurator's indicative price is not an offer

The configurator on the site shows an indicative price range, excluding VAT, from a published cost model (steel by the kilo, cladding by the square metre, doors, transport, assembly, margin). The amount including VAT is shown next to it, at the standard rate of the delivery country (21% in Belgium and the Netherlands, 17% in Luxembourg). Prices for businesses are excluding VAT. The range helps compare options and prepare a project.

This range is not an offer and binds neither you nor us. It does not take into account the snow and wind loads of the actual site or the constraints of the ground. The firm price exists only in a written quote.

3. The quote

After your request, Hallfort prepares a quote based on a stability study for the actual site. The quote describes the structure, cladding, openings, what is included and excluded, the delivery time (firm for a consumer, indicative for a business customer unless otherwise agreed in writing), the deposit and the options (including assembly).

The quote is valid for 30 days from its date, unless stated otherwise in writing. It states prices excluding VAT. For a consumer, it also states the price including VAT.

Once the validity period has expired, the quote no longer binds Hallfort. If the customer still wishes to order, Hallfort issues a new quote.

The quote becomes a contract only once the customer has accepted it in writing (signature or express written reply) within the validity period and Hallfort has confirmed it.

4. Order, confirmation and deposit

The order is concluded when Hallfort confirms the customer's order in writing on the basis of the accepted quote. The confirmation restates the price, the delivery time (firm for a consumer, indicative for a business customer unless otherwise agreed in writing) and the deposit.

The deposit, whose amount and due date appear in the quote, is paid by bank transfer to the account shown on the confirmation. The site does not offer online payment. The balance is payable according to the schedule in the quote.

Fabrication starts when the deposit is received. Late payment may give rise to the interest and compensation provided by the applicable law.

5. What is included and what is not

Included is what the quote lists: in principle the steel structure, the cladding and openings described, the fabricator's technical documentation and transport to the address given.

Unless the quote states otherwise, not included are: foundations and slab, the permit and the architect's fees, earthworks, electricity, and any connection or site works.

Hallfort helps put together the permit file (plans, structural calculation notes supplied by the fabricator, coordination with the customer's architect). The customer remains the permit applicant and Hallfort does not guarantee that a permit will be granted. The quote states whether the order is conditional on obtaining the permit.

6. Stability study, execution class and CE marking

The stability study and fabrication are entrusted to a partner fabricator certified to EN 1090-1. Execution class EXC2 under EN 1090 is required by default. Class EXC1 is possible for certain agricultural buildings if the engineer confirms it. The class chosen appears in the quote.

The CE marking of the structure and the declaration of performance (or declaration of performance and conformity, depending on the applicable version of the construction products regulation) are the fabricator's. The fabricator supplies them with the kit and Hallfort passes them on to the customer. Hallfort holds no certification and marks nothing itself.

The stability study relies on the site data provided by the customer (address, altitude, use, dimensions). The customer is responsible for the accuracy of that data and reports any change before ordering.

7. Delivery

Business customer: the delivery time in the quote is indicative, unless there is an express written commitment.

Consumer: the quote and the order confirmation state a firm delivery date or delivery period, which binds Hallfort. In case of delay or non-delivery, the consumer keeps all the rights the law gives them, including the right to terminate the contract and be refunded the sums already paid.

In all cases, Hallfort informs the customer as soon as a likely delay appears.

The customer ensures a passable access for trucks up to the unloading point, including for long loads, and provides the means and staff for unloading, unless the quote states otherwise. Waiting time and re-delivery costs caused by an impassable access are at the customer's expense.

Before delivery, the customer (or their contractor) checks that the foundations and slab match the anchor plan supplied and reports any deviation in writing before delivery. Foundations are not part of the sale unless stated otherwise.

The customer inspects the goods on delivery and states any reservations about transport damage and missing quantities in writing, within the period stated in the quote, without prejudice to the rights the law gives the consumer.

8. Assembly

Assembly is optional. If ordered, it is carried out by partner crews on the terms of the quote (period, duration, access, crane or lift, site power supply).

The customer prepares the site: compliant and cured foundations, access, storage and manoeuvring space. Extra costs due to a site that is not ready are invoiced after a prior quote. Where assembly is not ordered, assembly and its risks fall on the customer or the firm they choose.

9. Transfer of risk and retention of title

The risk of loss or damage passes to the customer on delivery. This principle applies subject to the mandatory rules protecting consumers.

The goods remain the property of Hallfort until the price is paid in full, to the extent the law allows. Until the price is paid, the customer does not resell them and insures them against the usual risks.

10. Guarantee of conformity (consumers)

The consumer benefits from the legal guarantee of conformity of two years from delivery of the goods (Directive (EU) 2019/771, Article 10, and Articles 1649bis to 1649nonies of the former Belgian Civil Code). The seller is liable for any lack of conformity that exists at delivery and becomes apparent within that period.

Hallfort attaches to the quote the harmonised notice on the legal guarantee of conformity provided for by the Code of economic law (Article VI.2/2). The consumer's rights are not limited by these terms.

The consumer reports the defect in writing within the periods provided by law, with photos and the date it was noticed.

11. Hidden defects and conformity (businesses)

The business customer inspects the goods on delivery. They report any visible defect in writing within the period of Article 7 and any hidden defect within a short time after discovering it, with photos and a description of the defect. Otherwise they can no longer rely on it.

Hallfort repairs, replaces or refunds the defective part, at the reasonable choice of Hallfort and the fabricator, subject to the guarantee against hidden defects under the Civil Code. Any commercial durability guarantees on the coating or steel that the fabricator gives are described in its documentation and in the quote.

The guarantee does not cover defects due to a foundation that does not match the anchor plan, assembly by a company the customer chose without Hallfort's involvement (crews engaged by Hallfort are not third parties under this clause), unsuitable storage, a change to the structure without the fabricator's agreement, or a use other than that planned in the quote.

12. Right of withdrawal (consumers)

Where the contract is concluded at a distance with a consumer, the consumer has in principle 14 days to withdraw without giving a reason (Code of economic law, Article VI.47, and Directive 2011/83/EU, Article 9). The same period applies in principle to a contract concluded off-premises, for example at the consumer's home (Directive 2011/83/EU, Article 9). If assembly is a contract separate from the sale of the kit, its withdrawal rules are set out in the quote.

This right cannot be exercised for the supply of goods made to the consumer's specifications or clearly personalised (Code of economic law, Article VI.53, 3°, and Directive 2011/83/EU, Article 16, point (c)). This exclusion covers only a kit actually made to the consumer's individual specifications, not the mere fact that a stability study is carried out for their site.

The quote states, before any commitment, whether the kit is made to measure and in what respect (for example dimensions or openings chosen by the consumer). A standard-size kit without personalisation remains subject to the right of withdrawal.

For a standard kit, the 14-day period runs from the day the consumer receives the kit. For a kit delivered in several lots, it runs from receipt of the last lot.

The consumer exercises this right by informing Hallfort before the period ends through any unambiguous statement, for example an e-mail to ash.ross@gmail.com. A model withdrawal form is attached to the quote and available on request.

Hallfort refunds the sums received no later than 14 days after being informed of the withdrawal.

The consumer bears the direct cost of returning the kit. Since a kit cannot be returned by post, the quote gives an estimate of that cost before any commitment.

These withdrawal arrangements are to be confirmed by the lawyer under the Code of economic law, Book VI.

Where the exclusion applies, Hallfort restates it in the quote, before the consumer commits. The quote also states, where relevant, the right of withdrawal that applies to services not covered by the exclusion.

The business customer has no right of withdrawal.

13. Complaints

Any complaint is sent in writing to ash.ross@gmail.com, with the quote or order number and a description of the problem. Hallfort acknowledges receipt and replies within a reasonable time.

14. Consumer mediation

If the consumer is not satisfied with the reply to their complaint, they may contact the Service de Médiation pour le Consommateur (Consumer Mediation Service), Boulevard du Roi Albert II 8 Bte 1, 1000 Brussels, mediationconsommateur.be, contact@mediationconsommateur.be. This service asks that the consumer first tried to settle the dispute with the company. It checks whether the dispute falls within its remit.

This option is open to consumers. It does not deprive the consumer of the right to go to court.

15. Liability

The indicative prices, guides and simulations on the site are given for information and do not make Hallfort liable beyond what the law requires.

Towards a business customer, the liability of Hallfort is limited to direct and foreseeable damage and does not exceed the price excluding VAT of the order concerned. This limit does not apply in case of fraud, gross negligence, personal injury, or where the law forbids limiting liability. Towards a consumer, nothing in these terms limits rights the law guarantees.

Neither party is liable for delay or non-performance caused by force majeure.

16. Personal data

The processing of personal data is described in the privacy policy of the site.

17. Governing law and courts

These terms and the contracts based on them are governed by Belgian law. For a consumer living in the Netherlands or Luxembourg, the mandatory consumer protection rules of their country of residence remain applicable.

Disputes with a business customer fall under the courts of the district of the registered office of Hallfort ([to be completed before launch]). The consumer may bring proceedings before the competent courts under the legal rules that protect them.

The terms exist in French, Dutch and English. The French version prevails in case of discrepancy.