Right to buy
- Recovery of unpaid invoices
- Drafting and optimising general terms and conditions
- Limiting liability, including for hidden defects
- Legal guarantee in accordance with consumer law
- Suspension or termination of delivery obligations
- Distinction in obligations in B2B and B2C sales
- Product liability
Right to buy
The purchase of goods and services presents various legal challenges. At Bannister, we offer comprehensive legal support on all aspects of purchase agreements.
Whether it concerns consumer purchases, B2B transactions, real estate, product liability, warranty, general terms and conditions or privacy conditions, we ensure that your purchase agreements are legally watertight.
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A delivery that does not match expectations. An invoice that is disputed. A customer who does not pay, or just a seller who does not respond to complaints. Discussions about hidden defects, delays, warranty or general terms and conditions are not the exception, but the rule in practice.
At Bannister, we assist entrepreneurs when agreements are disputed or breached. We help assess your legal position, formulate clear positions and take action where necessary - in negotiations or in court.
Good agreements from the outset prevent many discussions afterwards. Clear provisions on price, delivery, payment, liability and complaints procedure are crucial to limit risks and steer expectations correctly, both on the seller's and the buyer's side.
General terms and conditions are a powerful tool in this regard. They determine the conditions of sale, the obligations and how any disputes are handled.
In your relationship with suppliers, it is also important to dwell on contractual agreements. Align those terms with your own; so that you do not make promises to your customers that cannot be kept because the supplier does not cooperate. Consider, for instance, agreements on delivery deadlines or refunds in case of complaints.
Bannister assists clients in drafting and revising contracts and general terms and conditions that are both legally correct and workable in day-to-day practice.
Anyone selling products or services on the Belgian market as a foreign party - e.g. from the Netherlands - will inevitably have to deal with Belgian law. Think of specific rules on consumer protection, liability for defects, guarantee periods or agreements with Belgian suppliers. General terms and conditions also often need to be adapted to the Belgian context to be valid.
In disputes with Belgian clients - certainly consumers - in many cases the Belgian courts have jurisdiction and proceedings must be conducted in accordance with Belgian law. In that case, you will therefore need a Belgian lawyer.
At Bannister, we combine knowledge of Belgian sales law with a pragmatic approach. We advise foreign companies operating or wishing to operate in Belgium and also act in disputes, both out of court and before the Belgian courts.
How do we proceed?
Frequently asked questions
In principle, yes, although the seller's liability is usually limited. The authentic deed usually provides that the property is sold in the condition in which it is, including both visible and hidden defects. In that case, the seller is only liable for defects he knew about and concealed or deliberately concealed.
It is up to the buyer to prove that the seller had knowledge of the defect, which in practice means a heavy burden of proof. A stricter assessment applies to professional sellers: they are deemed to have known about certain defects, so their liability is broader.
Not in principle, but it is still important to frame this contractually well.
As a seller, you are in principle liable for non-conformity or hidden defects in B2B relationships, unless you exclude or limit this contractually. For damages resulting from misuse, improper installation or poor maintenance by the buyer, you can contractually cover yourself - provided this is done in a clear and reasonable manner.
It is advisable to state explicitly in your terms of sale that you are not liable for consequential damage or damage caused by use contrary to instructions, or by assembly/installation by third parties. This way, you significantly limit the risk.
Especially with technical goods or installations, it is useful to also include a manual or terms of use, which you already refer to in your agreement.
Yes, oral agreements are in principle legally binding. However, the problem is that they are difficult to prove. In case of a dispute, it will often be difficult to prove exactly what was agreed without written confirmation.
To avoid legal problems, it is advisable to always confirm verbal agreements in writing via e-mail, possibly Whatsapp or a signed agreement. For a purchase agreement to be proven, the communication must at least agree on the object and price. Only then will a purchase agreement be established.
