DAVIDTS S.A. Head office: Parc d'activités des Cahottes, rue des Semailles. 27 4400 Flémalle (Belgium) Company No.: BE 0423 212 582 VAT: BE 0423 212 582 Tel: +32 4 344 97 97 97 E-mail: shop@davidts.be Website: www.davidts.eu
The company DAVIDTS S.A. (hereinafter "DAVIDTS" or "the SELLER") is specialized in the production and marketing of high-end leather goods (travel luggage, business luggage, jewelry boxes, etc.).
DAVIDTS makes significant investments in advertising and marketing on an ongoing basis.
Similarly, DAVIDTS regularly makes significant financial efforts (R&D costs) to improve its products.
The quality and price level of DAVIDTS products is such that these products are now recognized as exclusive on the market.
In order to protect the brand image of its products, DAVIDTS intends to define a contractual framework to guarantee the quality of its distribution network.
Compliance with this contractual framework is essential to perpetuate, protect and develop the luxury image that surrounds DAVIDTS products.
The conditions for approving distributors defined by this contract are intended to ensure, in particular:
The pursuit of these objectives justifies the following contractual conditions.
In this contract, the following definitions apply:
They prevail over all other contractual conditions and are applicable as long as DAVIDTS does not sign any written amendment with the APPROVED DISTRIBUTOR.
The general conditions in force on the day of the PRODUCTS order are applied to each order.
This commitment does not imply that the APPROVED DISTRIBUTOR presents all the COLLECTIONS proposed by DAVIDTS but that he refers to at least 50% of the products that make up the COLLECTION he decides to present.
The APPROVED DISTRIBUTOR is able to give additional technical explanations to its CLIENTS and CONSUMERS on the operation of locks, telescopic arms, on the possibilities of replacing wear parts, as well as on the warranty conditions specific to the PRODUCTS sold. To this end, the APPROVED DISTRIBUTOR undertakes to follow the tutorials and videos developed by DAVIDTS.
The APPROVED DISTRIBUTOR shall provide an annual explanatory report to DAVIDTS on the organization it has developed to provide after-sales service for the repair of the PRODUCTS it receives.
Any failure to comply beyond the 30-day period following its denunciation shall result in the loss of the status of APPROVED DISTRIBUTOR.
No order from a person who does not (or no longer) meet the conditions to be an APPROVED DISTRIBUTOR will be accepted by DAVIDTS.
The APPROVED DISTRIBUTOR shall communicate at the first request of DAVIDTS, and within 30 days following the request, the list of its CLIENTS, as well as proof of the commitment they have made to DAVIDTS.
In the absence of proof of such a commitment, the DISTRIBUTOR shall bear the burden of the sanctions - in particular financial sanctions - provided for in the event of failure to comply with the obligations provided for in these general conditions.
Delay in delivery may in no case lead to the cancellation of the order.
DAVIDTS also reserves the right to demonstrate that its damage is greater than this fixed price, and to seek compensation.
The parties acknowledge that this fixed compensation corresponds to the minimum damage foreseeable at the time of signature of the agreement.
The right of DAVIDTS to claim such compensation is without prejudice to the right of DAVIDTS to bring an action for interim relief in order to obtain an order to end the violation on pain of daily fines.
Any complaint relating to a delivery must be made in writing to DAVIDTS, at the latest within 5 days of receipt of the goods.
The trademarks, company name, domain names of DAVIDTS, but also the www.davidts.eu website, its design, layout, content, texts and images that it presents, as well as the PRODUCTS, are protected by the intellectual property rights of which DAVIDTS is the owner.
In particular, the APPROVED DISTRIBUTOR shall refrain from registering or claiming any ownership of the sign "DAVIDTS" or any of its variants, composition, declination, even after having interrupted his orders from DAVIDTS. Similarly, the APPROVED DISTRIBUTOR shall refrain from using the "DAVIDTS" trademark or any variant thereof as part of its corporate name, trade name, trademark or domain name
Any marketing material initiated by the APPROVED DISTRIBUTOR must either have been provided by DAVIDTS or be subject to prior review and approval by DAVIDTS with respect to content, style, appearance, composition and media.
DAVIDTS also reserves the right to take legal action against counterfeiting.
In the event of refusal or inability of the AUTHORIZED DISTRIBUTOR to offer the requested guarantees, DAVIDTS reserves the right to cancel all or part of the orders in progress.
The parties shall replace the annulled provision with another, having an economic effect as close as possible to that of the annulled provision.
In the event of a dispute, the Courts of Liège are the only competent courts or, at the choice of DAVIDTS, the Courts of Liège or the domicile of the APPROVED DISTRIBUTOR.