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Surprisingly fun
Terms and conditions
issue Date: 28/05/2025
1. General
1.1. Without prejudice to the applicability of special written conditions that take precedence over these general terms and conditions, the latter shall apply except where expressly and in writing agreed otherwise, and take precedence over conditions included in all later documents from auction customers.
1.2. By purchasing at the auction, the buyer accepts these general terms and conditions and expressly waives their own general terms. The fact that these general terms and conditions are not drafted in the buyer’s actual native language does not affect this.
1.3. The annulment by the court of any of the following provisions does not affect the validity of the remaining provisions of these general terms and conditions.
1.4. By purchasing from BelOrta, the buyer acknowledges knowledge of the fact that every grower-member of BelOrta cv, as well as every company connected or associated with the member within the meaning of articles 1:20 and 1:21 of the Companies and Associations Code (formerly articles 11 and 12 of the Companies Code) or the legal or natural person who forms a technical business unit with the grower-producer based on the law on business organisation of 20/09/1948, has the contractual obligation towards BelOrta cv to sell their entire production exclusively through BelOrta cv.
The buyer commits to refrain from any purchase outside BelOrta cv from a grower-member whom the buyer reasonably knows or can know is bound by the aforementioned exclusive supply obligation.
The buyer acknowledges that with every purchase made at BelOrta, they are informed that the grower-member of the products involved is bound to the exclusive supply obligation.
2. Formation of Contract
2.1. Trade transactions within the auction are only allowed for products originating from the auction. For products not originating from the auction, the auction bears no liability.
2.2. All purchases shall be made exclusively after allocation of a buyer number. The buyer-client purchases under the number and at the location communicated and designated by the auction management. Without permission from the management, they may not buy or sell goods under another number or at another location, including on the auction grounds or in the warehouses. At the clock print, the identification number is displayed and recorded on all documents. This is sufficient proof of the formation of the purchase. The auction bears no responsibility for any misuse of the number and/or badge.
2.3. The pro-forma documents issued are for information purposes only and cannot serve as proof against final documents.
2.4. The sale days and hours, as well as possible changes, are announced in good time.
2.5. The GLOBAL-GAP number (GGN) and GLOBAL-GAP status of the relevant producer(s) are not always mentioned on trade documents. If products are marked with ‘EG’, ‘FG’ or ‘GG’ in the quality description, the status of these products is guaranteed GLOBAL-GAP certified.
2.6. The Chain of Custody (CoC) number of BelOrta cv is 4049929468009.
3. Delivery – Acceptance
3.1. The goods are delivered and accepted upon placing the goods in the loading zones, buyer modules and/or at the loading docks of the auction, whereupon all risk immediately transfers to the buyer. From that moment, the buyer is responsible for maintaining the cold chain. Even if shipped franco FOB or CIF, the goods travel at the buyer’s risk. Upon delivery of the goods by the producer, the buyer or their representative shall be present at the vehicle to receive and inspect the goods regarding quality, quantity and price. The buyer or their representative shall sign the delivery receipt presented by the producer for approval. If the goods do not comply with the purchased sample, they must immediately file a complaint with the inspector or management. After signing the delivery note by the buyer or their representative, or in their absence by an auction staff member, or after loading the purchased goods, no complaints will be accepted.
3.2. The auction is not liable for disruptions occurring during delivery due to circumstances considered force majeure such as general or partial strikes, lockouts, riots, accidents, machine breakdowns, floods, etc. This list is exemplary and not exhaustive.
4. Payments
4.1. All payments are made in euro or in the currency provided in the agreement. Any costs related to the purchases are invoiced according to the rate mentioned on the invoice.
4.2. Provided the buyer indicates in a separate document that the goods are intended for cross-border deliveries, they will be invoiced VAT exempt provided the buyer fully cooperates to prove this delivery and provided it is accepted by the VAT administration. In the absence of this, the auction reserves the right to charge VAT to the buyer.
4.3. The invoice is payable at the auction’s registered office. This is not deviated from when the auction draws bills on buyers or accepts securities in payment.
4.4. Unless otherwise agreed or stated on the invoice, our invoices are payable immediately upon receipt. From their due date, they will automatically accrue a weekly interest of 0.20% on the full amount owed, with each week started counting as a full week.
4.5. Moreover, in case of full or partial non-payment of the debt on the due date and after failed formal notice, the debt balance will automatically and without notice be increased by 15% as fixed and non-reducible compensation for administrative and collection costs, with a minimum of 70 euros and a maximum of 25,000 euros, even when granting payment terms, without prejudice to higher damages the auction reserves the right to prove.
4.6. In case of non-payment on the due date of outstanding claims, the auction reserves the right to demand immediate payment of all outstanding claims from the debtor and to cancel or at least suspend any order or ongoing contract until all outstanding invoices are settled. This right applies even if the buyer has already paid for the suspended delivery.
5. Retention of Title
The auction remains the owner of the sold goods until full payment of the goods by the buyer.
6. Set-Off
The auction always has the right to offset claims against the buyer with any claims the buyer has against it. However, without prior written consent from the auction, the buyer may not invoke any set-off, regardless of the rights or claims on which the buyer bases their set-off.
7. Warranty – Complaints
7.1. All goods are inspected in advance. The applicable rules and standards for inspection are available for review at the auction. The goods must be inspected by the buyer before the formation of the purchase. By forming the purchase, the buyer also accepts the inspection.
7.2. The auction can no longer be held liable for defects relating to the delivered quality, quantity and price once the goods have been delivered as specified in these conditions.
7.3. Complaints about visible defects are only admissible up to the moment the goods leave the loading docks or warehouses.
7.4. Complaints regarding hidden defects are only accepted if reported in writing within 48 hours of discovery of the defect and provided the goods were handled and stored normally until the complaint can be jointly inspected.
7.5. Complaints must always include the producer number as stated on the packaging or packing material, together with the reason for the complaint and the date of purchase, on pain of inadmissibility.
7.6. The auction’s warranty only includes replacement of the purchased goods by providing the same quantity and quality at the auction within a short term. Under no circumstances does the auction’s warranty include reimbursement of the price. The auction cannot be held liable for direct or indirect damage.
7.7. Filing a complaint does not exempt the buyer from their payment obligations. Complaints regarding invoice content do not suspend the payment term.
8. Conventional Pledge
The parties explicitly agree that all deliveries form a whole and as such serve as collateral for payment of all debts resulting from these deliveries, including those related to other deliveries than those subject to the current invoice.
9. Financial Guarantees
To guarantee the proper performance of their obligations, the buyer provides the auction with a cash deposit, the amount of which is determined individually for each buyer by management. This deposit does not bear interest. The auction reserves the right to adjust this deposit if it deems necessary, even after delivery of the goods, if after the purchase but before full payment the buyer’s credit is at risk or their creditworthiness diminishes, including in the following cases: refusal by a credit insurer, request for payment facilities, protest, request for amicable or judicial settlement, seizure at the buyer’s request by a creditor, delayed payment to social security or VAT, etc. No prior notice to the buyer is required. The list in this article is exemplary and not exhaustive.
10. Packaging – Misuse – Guarantee
10.1. Goods are delivered packaged in the original packaging - crates, pallets, and packing materials - owned by the auction, bearing a mark that only applies to the originally packed goods.
10.2. Crates, pallets, and packing materials may not be copied, imitated, multiplied, rented, sold, lent, passed on or made available to third parties by the producer or buyer without the auction’s permission.
10.3. Packaging bearing a registered trademark of the company and/or the “BelOrta” brand or the common trademarks of the Union of Belgian Horticultural Cooperatives “V.B.T.” and the "VBT Crate Pool" or the common brand “Flandria” may only be used for the following purposes:
A. Regarding producer-members:
On the one hand, for withdrawal at the auction for the supply of agricultural products and on the other hand for the delivery of their products to the auction.
B. Regarding the buyer:
For packaging for single and multiple use for purchases at the auction and for the further sale of the goods bought in the packaging to the consumer, provided the goods were bought at the auction in the packaging, and for reusable packaging also for returning the packaging to the auction. The crates may not be made available by the buyer to the producer and may not be used for any other purpose than for packaging and handling the goods purchased at the auction to the consumer.
Any other use of packaging is considered misuse. Any regularly established misuse is sanctioned by a fine, fixed at 15 euros per misused crate. Misuse can be proven by all legal means. Without prejudice to the validity of any other regularly established findings, a report drawn up by a bailiff shall serve as sufficient proof of misuse.
10.4. Crates and pallets must be returned immediately in good condition, clean and undamaged to the auction.
10.5. Producers and buyers pay a deposit for the use of packaging as stated on the front of the statement and invoices. The auction takes back the packaging at the deposit stated on the front of the statement and invoices. This deposit is only refunded if the packaging is returned to the auction in the condition described in 10.4 within fifteen days after purchase at the auction. Otherwise, a monthly deduction of 0.01 euro per packaging item is made from the deposit, without prejudice to the auction’s right to consider the deposit irrevocably and definitively forfeited after one month. For special cases, such as shipping abroad, written deviations from the return period may be allowed by management. The buyer may not return more packaging than the number of crates and pallets shown on the invoice as the outstanding deposit amount, and the auction is in no case required to accept more packaging returns.
10.6. Customers are not entitled to misuse the GLOBAL-GAP Number (GGN) of the producers. Customers must use best practices for traceability and labelling.
11. Liability
11.1. The auction accepts no liability for any damage caused by products or items of producers, buyers or third parties present on the auction grounds, lawfully or unlawfully.
11.2. The buyer may not trade or leave purchased goods, trucks, cars, transport or other materials, as well as packaging bearing a registered trademark of the company and/or the “BelOrta” brand or the common brands of the Union of Belgian Horticultural Cooperatives “V.B.T.” and the "VBT Crate Pool" or the common brand “Flandria”, and products or packaging from third parties on the auction grounds or in the warehouses outside auction sales hours without prior written permission from the auction. It is also prohibited to bring in or leave third-party packaging or packaging without a registered trademark of the company or the common brands of the Union of Belgian Horticultural Cooperatives “V.B.T.” and the "VBT Crate Pool" or the common brand “Flandria” on the auction grounds or in the warehouses without prior written permission from the auction.
11.3. The tenant of a covered stand or warehouse must insure their goods against rental or usage risk of the part of the building rented or used by them and against neighbours. The tenant also waives all recourse against the building owner (Civil Code art. 1721 para. 2).
11.4. Finally, the buyer waives all non-contractual claims against the auction and its agents, unless:
- in case of fraud;
- in case of harm to physical or psychological integrity or of intentional damage.
12. Unfair Trading Practices
The auction is a recognised producer organisation that benefits from the protection rules of the law of 28 November 2021 concerning unfair trading practices between businesses in the agricultural and food supply chain (Title 4, Chapter 2, Section 4 of Book VI of the Economic Law Code).
13. Privacy
13.1. The buyer processes personal data in accordance with applicable regulations. If the buyer, within the framework of the execution of the agreement, provides personal data of employees, agents or third parties, the buyer ensures that these data were obtained and transferred in accordance with the Belgian law of 30 July 2018 on the protection of natural persons regarding the processing of personal data and the European Regulation 2016/679 concerning the protection of natural persons in relation to the processing of personal data and the free movement of such data.
13.2. BelOrta processes personal data in accordance with its privacy statement and the above-mentioned applicable regulations.
14. Plaats van uitvoering en toepasselijk recht
14.1. The place of performance of the agreement is the registered office of the auction. The agreement is governed by Belgian law.
14.2. The parties declare that the Hague Convention of 15-06-1955 on the law applicable to international sales of goods as well as the convention of 01-06-1964 concerning a uniform law on international sales of goods (CISG) do not apply.
15. Bevoegde rechtbanken
15.1. Any dispute relating to the conclusion, validity, interpretation or performance of agreements with the auction falls within the exclusive jurisdiction of the courts of Antwerp, Mechelen division. Drawing bills on the buyer, accepting securities in payment or granting payment terms cannot be invoked as a deviation from this provision or as set-off.
15.2. The auction reserves the right to waive this jurisdiction clause without waiving the other conditions.