General terms and conditions of sale
These terms apply to all quotes, orders, deliveries and invoices of Anka NV (Anka Metaal), Pachtgoedstraat 6, 9100 Sint-Niklaas, Belgium, company number 0431.478.665. Part A applies to all customers; part B contains additional rules for consumers. In case of discrepancy, the Dutch text prevails.
Version 2026, applicable from 1 November 2026
A. General terms
Art. 1 · Application
By placing an order, the customer accepts these terms. Deviations, and the customer’s own terms, only apply if Anka Metaal has confirmed them in writing (including by email).
Art. 2 · Quotes and prices
A price list, price quote or estimate is not a binding offer and does not oblige us to deliver or perform. The contract is concluded by our written order confirmation or by delivery. Prices for businesses exclude VAT, unless stated otherwise.
Art. 3 · Order form prevails
The details on the order form or order confirmation (including price and technical specifications) prevail over all other information, including that on our website or in brochures. The contract is concluded at the price on the order form.
Art. 4 · Delivery and risk
Unless agreed otherwise, delivery takes place at our registered office. Even when we deliver carriage paid or with our own trucks, the goods travel at the customer’s risk.
Art. 5 · Complaints
If the delivery does not match the order or shows visible defects, the customer must report this in writing (by registered letter or by email) within 48 hours of delivery, failing which the complaint is inadmissible. A claim for hidden defects must be brought within two months of discovering the defect (Art. 1648 of the former Belgian Civil Code) and in any case within one year of delivery. Damage must be proven in concreto and cannot be assessed on a flat-rate basis.
Art. 6 · Delivery time
The delivery time is indicative. Exceeding it does not entitle the customer to terminate the contract or claim damages.
Art. 7 · Pallets and packaging
Pallets are credited once the customer has returned them undamaged. A packaging deposit may not be deducted from the invoice amount.
Art. 8 · Cancellation and non-performance by the customer
If the customer fails to perform the contract in whole or in part, for example by cancelling an order, Anka Metaal is entitled to fixed compensation of 30% of the invoice amount, with a minimum of 25 euros, for costs and loss of profit. Alternatively, Anka Metaal may claim performance of the contract or prove its actual loss.
Art. 9 · Payment
Invoices are payable within 8 days of the invoice date by bank transfer to the account stated on the invoice. If payment is not made by the due date, late-payment interest under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions is due automatically and without notice of default, together with fixed compensation of 10% of the invoice amount with a minimum of 60 euros, without prejudice to the statutory compensation for recovery costs. As long as an overdue invoice remains unpaid, Anka Metaal may suspend further deliveries.
Art. 10 · Retention of title
- The goods sold remain the property of Anka Metaal until the price has been paid in full.
- If the customer does not pay, Anka Metaal may terminate the contract by simple notice to the customer by registered letter. The contract is terminated on the date the registered letter is delivered.
- If the customer re-invoices all or part of the goods delivered, the customer assigns to Anka Metaal its claim against its own customer, up to the amount owed to Anka Metaal. Anka Metaal effects this assignment by notifying it by registered letter to the customer and to the customer’s contracting party.
Art. 11 · Competent court
Any dispute falls under the exclusive jurisdiction of the courts of the district of our registered office: the Enterprise Court of Ghent, Dendermonde division, and the Justice of the Peace of Sint-Niklaas. This also applies to customers from other EU member states, in accordance with Regulation (EU) No 1215/2012.
Art. 12 · Applicable law
The contract is governed exclusively by Belgian law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Art. 13 · Personal data
Anka Metaal processes customer data to fulfil and invoice orders, as described in the privacy statement on ankametaal.be.
B. Special provisions for consumers
These provisions apply to customers acting for purposes outside their trade, business or profession (consumers). The terms in part A continue to apply, except where part B deviates from them.
Art. 1 · Prices
Prices for consumers include VAT.
Art. 2 · Delivery time
By way of derogation from article A.6, we deliver without undue delay and at the latest within 30 days of the order, unless a different period has been agreed in writing. If we do not deliver on time, the consumer may grant us a reasonable additional period and, if we still do not deliver, terminate the contract.
Art. 3 · Risk
By way of derogation from article A.4, risk only passes when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.
Art. 4 · Complaints and legal guarantee
By way of derogation from article A.5, the consumer is entitled to the two-year legal guarantee for lack of conformity (Art. 1649bis et seq. of the former Belgian Civil Code). The consumer reports a defect within two months of noticing it, preferably in writing. Liability for defective products is limited to the mandatory provisions of the Act of 25 February 1991.
Art. 5 · Reciprocity
If Anka Metaal fails to meet its obligations, the consumer is entitled to compensation equivalent to that in article A.8, without prejudice to the right to compensation under general law.
Art. 6 · Payment
By way of derogation from article A.9, for an unpaid invoice we first send a free reminder. Only if the consumer does not pay within 14 calendar days of that reminder do we charge late-payment interest at the statutory rate and compensation, within the limits of Book XIX of the Belgian Code of Economic Law.
Art. 7 · Retention of title and court
Article A.10 b and c does not apply to consumers. By way of derogation from article A.11, the competent court is determined by the rules of the Belgian Judicial Code, including that of the consumer’s domicile.
Art. 8 · Right of withdrawal
If the consumer concludes the contract at a distance (for example by email or phone) or off our premises, the consumer may withdraw within 14 days of delivery without giving reasons. This right does not apply to goods made to the consumer’s specifications or clearly personalised, such as steel cut, bent, tied, sawn or welded to size (Art. VI.53 of the Belgian Code of Economic Law).
Art. 9 · Mediation
If we cannot find a solution together, the consumer may contact the Belgian Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, consumerombudsman.be.