General terms and conditions for Bodyclear

These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Bodyclear with registered office at Groenstraat 6 3730 Hoeselt and registered in the K.B.O. under number BE0675567683. (Hereinafter: “Bodyclear”).

Article 1 – Scope

These General Terms and Conditions apply to every offer, quotation and any agreement concluded regarding products and/or services offered by us.

These General Terms and Conditions apply to the exclusion of the Customer’s general terms and conditions.

Article 2 – Quotes.

Our quotations are purely indicative and non-binding and expire if not accepted by the Customer within 30 calendar days. Quotations only become legally valid as an agreement when signed by both the Customer and us. We also reserve the right to refuse certain orders without stating a reason.

Article 3 – Price and payment

The price for our goods/services is that stated on the quotation.

All our invoices are payable within 14 days of their receipt, unless the quotation specifies a different due date. If we request a deposit, we will not commence our activities until the deposit is received.

For any delay in payment, the Customer shall be liable, by operation of law and without prior notice of default, for interest on arrears at a rate of 1% per month commenced, with each month commenced counting as a full month, without prejudice to any damages and costs. A lump-sum compensation of 10% of the invoice amount, with a minimum of 250 euros, shall also be payable by operation of law and without prior notice of default as a penalty clause. This amount is in addition to the principal sum, interest on arrears, collection costs, reminder fees, follow-up costs, and expenses resulting from time loss, as well as judicial or legal costs. This penalty clause does not affect the obligation to pay the stipulated interest on arrears.

Disputes must be notified to us by registered letter within five working days of the invoice being sent, under penalty of inadmissibility.

Article 4 – Duration of the agreement and termination

Our agreements can be entered into as described in our offers. The agreement can be terminated unilaterally by us at any time without judicial intervention in case the Customer is in a state of bankruptcy or judicial composition, or in case the Customer fails to pay its invoices.

Article 5 – Intellectual property rights

Our website, logos, texts, photos, names and in general all of our communications are protected by intellectual property rights that belong either to us, our suppliers or other rights holders.

Intellectual property rights mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

It is prohibited to use and/or modify the intellectual property rights described in this article. For example, the customer does not copy or reproduce our drawings, photos names, texts, logos color combination, etc … without our prior and express written consent.

Article 6 – Confidentiality and Privacy

We are responsible for the processing of your personal data and process it in accordance with the General Data Protection Regulation (GDPR).

Article 7 – Liability

We shall not be liable except in cases of intent or gross negligence. Furthermore, we shall not be liable for any direct or indirect damages (such as, for example, consequential damages, lost profits, lost savings, or damages due to business interruption) for which we have not expressly determined our liability in these terms and conditions. Our liability shall in all cases be limited to the amount of the price agreed upon for that order (excluding VAT).

Article 8 – Force majeure

In case of force majeure, we are not obliged to fulfill our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or permanently terminate the contract.

Force majeure includes any circumstance beyond our will and control that prevents the fulfillment of our obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, fire, operational failures, energy failures, machinery failures, non-delivery or untimely delivery by suppliers or other engaged third parties.

Article 9 – Nullity and completeness

These Terms and Conditions constitute the entire agreement between the customer and us, with respect to the subject matter contained therein.

If one or more provisions of these General Terms and Conditions should at any time be illegal, void or for any other reason unenforceable in whole or in part, such clause shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Article 10 – Jurisdiction and applicable law.

Belgian law applies to all disputes related to or arising from our offers and/or agreements. In case of disputes or litigation, only the courts of the judicial district of our registered office have jurisdiction.