General Terms & Conditions PDF
Established on 12 October 2018
1. An order, including those placed with the help of third parties, shall only be binding if it is expressly accepted by us in writing. Cancellation of the order is not possible, unless after prior written agreement. In that case, any advance payments made will be refunded, with the exception of the fixed amount of EUR 500.00, which serves as compensation for the costs of the service provider for termination of the agreement.
2. Goods/services shall be delivered within the period specified in the agreement. Goods shall remain the property of the service provider until full payment of principal, costs and interests. Nevertheless, the risks of loss or destruction of the goods sold shall be borne in full by the buyer from the time of the sale of the goods.
3. In the event of late delivery, the customer shall give the seller notice of default and propose an appropriate period for delivery. If the service provider does not deliver within this period, the customer may terminate the agreement free of charge and claim compensation of 10% of the invoice amount, with a minimum of 25 euros and a maximum of 500 euros.
4. The buyer shall ensure that the services and/or goods can be delivered and/or installed in a normal manner by the service provider at the agreed place and at the agreed time, in order to ensure, among other things, the accessibility of the place of delivery. Failure to comply with this, the buyer shall be obliged to compensate the service provider for all damage, including waiting hours, storage costs and costs for the preservation of the item.
5. The buyer shall immediately inspect the goods/services delivered. With respect to any defects in the delivered goods, the customer shall have a statutory guarantee of two years from the date of delivery, in accordance with article 1649quater of the Dutch Civil Code. This provision shall also apply to placements provided by the seller. A customer who discovers a defect and wishes to invoke the statutory warranty must notify the seller of this defect within two months of the date on which the customer discovers the defect. After the warranty period, the seller shall only be responsible for hidden defects that make the item unsuitable for the use for which it is intended, insofar as the goods have not been processed in the meantime and insofar as the seller was or should have been aware of the defects. The customer shall inform the seller of the existence of the hidden defect no later than within eight calendar days by means of a registered letter containing a detailed description of the defect. Complaints about hidden defects shall not suspend the customer's payment obligation.
6. The seller shall not be obliged to pay any compensation whatsoever, which would be the direct or indirect result of goods or services supplied or sold by us, except in case of gross negligence or intent. This shall not affect the statutory rights of the consumer under article 5. The liability of the seller shall in any case be limited to the invoice value of the delivered goods/services. Under no circumstances shall the seller be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of return or any other losses or consequential damage, both to the customer and to third parties. However, this limitation shall not apply in the event of death or personal injury of the customer as a result of acts or omissions by the seller.
7. Unless explicitly agreed otherwise in writing, the invoice shall be payable in cash. In the event of non-payment of all or part of the price, the seller shall give the customer notice of default to pay the amount due within an appropriate period. If the customer fails to pay within this period, the outstanding amount shall be increased by operation of law and without any further notice of default being required, with an annual interest rate of 10% and a fixed compensation of 10%, with a minimum of 25 euros and a maximum of 75 euros. If the buyer fails to fulfil its contractual obligations, the service provider shall have the right, following notice of default, either to suspend its obligations or to dissolve the agreement without judicial intervention, if the notice of default is not complied with or no useful action is taken within eight working days, without prejudice to the right to compensation.
8. Any non-payment shall result in the claimability of the outstanding invoices and shall give the seller the right, following a notice of default, either to suspend any future deliveries, or to dissolve the agreement, without prejudice to the right to compensation.
9. If one of the parties fails to fulfil its contractual obligations, the other party shall have the right, following notice of default, either to suspend its obligations or to dissolve the agreement without judicial intervention, if the notice of default is not complied with or no useful action is taken within fifteen working days.
10. All our agreements are governed by Belgian law. Any disputes that may arise within the scope of this agreement may only be brought before the courts of Antwerp, department of Antwerp.
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