Gezel - Acar
All invoices are payable at the Seller's registered office unless otherwise expressly agreed in writing.
Unless expressly agreed otherwise in writing, payment shall be made either in cash against discharge or by transfer to the financial account indicated. In the latter case, payment is deemed to have been made from the moment the funds are credited to the aforementioned account.
All invoices are payable within thirty days from the invoice date, without discount, unless expressly agreed otherwise in writing.
In case of delay in payment, the defaulting party (except if he is a consumer) shall automatically and without formal notice owe to the other party:
1. a late payment interest from the due date of the invoice until the day of its effective and full payment, calculated at an interest rate as stipulated in the Law on late payment in commercial transactions;
2. in addition, the compensation of all recovery costs incurred due to the delay in payment, with a minimum of 10% of the principal amount or the unpaid balance thereof, this amount shall however not be lower than 500.00 euros.
In the event of late payment of a B2C invoice, the following shall apply to the defaulting party:
If the consumer has not paid his debt by the end of the fourteen calendar day period set out in the first reminder/informal notice sent by the seller, the debt may be increased by:
1. late-payment interest calculated on the basis of the reference interest rate increased by eight percentage points referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions. This interest is calculated on the amount still to be paid, starting from the calendar day following the day on which the reminder is sent to the consumer;
2. In addition, a fixed compensation estimated as follows:
a) 20 Euros if the balance due is less than or equal to 150 Euros;
b) 30 Euros plus 10 % of the amount due on the instalment between 150.01 and 500 Euros if the balance due is between 150.01 and 500 Euros;
c) 65 Euros plus 5 % of the amount due on the instalment above 500 Euros with a maximum of 2000 Euros if the balance due is above 500 Euros.
Any complaint related to an invoice must be reported in writing to the seller within eight days from the invoice date.
In case of dispute, only the courts of the place of the seller's corporate seat have jurisdiction.
As long as all amounts due to the seller, of whatever nature and on account of whatever cause, have not been paid promptly and in full (principal sum, any interest, damages clause and any legal costs) by the customer, the seller shall be entitled, even after concurrence, to invoke set-off between amounts that the parties, for whatever reason and on account of whatever cause, would be due to each other, and this to the extent of the smallest amount.
Failure to pay one of the invoices on the due date automatically makes all outstanding amounts payable, regardless of their due date or previously authorized payment terms, and this by operation of law and without notice of default.
Non-compliance by the customer with the terms of payment or other obligations shall entitle the seller, after giving notice to the customer to remedy this within 5 working days, to suspend its obligations under all current agreements between the parties or to terminate the agreement out of court, with the customer being required to compensate all damages suffered by the seller. A similar right is granted to the customer should the seller default on its contractual obligations.
