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General Terms and Conditions

Article 1: General

1.1 Without prejudice to the application of any special conditions in a separate written agreement, these general terms and conditions shall apply to any offer, order confirmation, purchase or sale agreement between Beyond Ordering BV, with registered office at Brusselsesteenweg 255, 9090 Melle, East Flanders, Belgium and KBO number 0760305893 (hereinafter the “Company”) and its customer (hereinafter the “Customer”). In case of contradiction between these general conditions and any separate written agreement, the written agreement prevails.

1.2 The Customer is deemed to have fully and irrevocably accepted these general terms and conditions by the mere fact of placing the order or instruction placed by him. Acceptance implies that the Customer completely waives the application of its own general terms and conditions so that they are not opposable to the Company.

1.3 If any provision of these general terms and conditions should be unenforceable or conflict with mandatory law, this shall not affect the validity and enforceability of the other provisions of these general terms and conditions. In such a case, the disputed provision shall be replaced by an enforceable and legally valid provision that corresponds as closely as possible to the purpose of the original provision.

Article 2: Formation of agreements

2.1 All price lists, quotations and contract proposals of the Company are without obligation, are for information purposes only and do not bind the Company as such. Unless otherwise stipulated by mandatory law, any order made by the Customer shall only bind the Customer but the Company after written confirmation or acceptance thereof.

2.2 If the order confirmation from the Company contains any change or addition or differs in any way from the original order, the agreement shall be considered concluded, unless the Customer declares its disagreement within 8 days of receipt of the order confirmation.

2.3 Any cancellation of an order must be in writing and is valid only upon written acceptance by the Company.

Article 3: Description of goods and services to be supplied

3.1 A description of the goods and services to be supplied is included in a separate order confirmation and/or agreement between the Company and the Customer.

3.2 Without prejudice to the provisions of these General Terms and Conditions, the Customer acknowledges and accepts the technical limitations, warranty limitations and/or any other remarks and reservations contained in the quotation, order confirmation and/or any separate agreement between the Company and the Customer. 

Article 4: Pricing and payment

4.1 The goods and services are invoiced at the prices and conditions stated on the order form. Unless expressly agreed otherwise, the prices quoted by the Company are exclusive of taxes, VAT, packaging costs, transportation and insurance costs, which are entirely borne by the Customer. 

4.2 Changes made by the Customer after the initial order, will only be made if (i) the Company expressly agrees; and (ii) the Customer accepts that the Company may pass all additional price adjustments and costs on to the Customer in full. 

4.3 Invoices must be protested in writing within 8 days of dispatch of the invoice failing which the invoices shall be deemed to be definitively accepted. 

4.4 Unless otherwise stipulated, the invoice of the Company is payable in cash and net at its registered office no later than 30 days after the invoice date in the currency specified in the invoice. 

4.5 In the event of non-payment of an invoice, in full or in part, on its due date, the Customer shall be liable, ipso jure and without prior notice of default, for interest on arrears on the unpaid invoice amount at the rate of 10% per year, as well as a fixed amount of 5% of the unpaid invoice amount, without prejudice to the right to claim a higher compensation on condition that proof is provided of a higher actual loss. 

4.6 In case of full or partial non-payment of an invoice on its due date, all other claims against the Customer that have not yet fallen due shall become due by operation of law and without prior notice of default. In this case, the Company also reserves the right to suspend the execution of the current agreement, without prior notice and without compensation, until the Company has received full payment (including interest and costs). 

4.7 The Customer has the duty to immediately report inaccuracies in payment data provided or stated to the Company

Article 5: Delivery and execution

5.1 The Company will take the utmost care in receiving and carrying out orders for products.

5.2 The place of delivery is the address that the Customer has made known to the Company.

5.3 Unless otherwise required by mandatory law or express and written agreement to the contrary, the date of delivery is provided for information purposes only and is therefore not binding and any delay in delivery shall not give rise to penalties, damages or cancellation of the order. 

Article 6: Returns and exchanges

6.1 All items can be returned or exchanged except orders, promotional items and custom made items.

6.2 The return/exchange is only possible within the 14 days with a valid proof of purchase.

6.3 Items must always be in original packaging and unopened. Used items cannot be returned or exchanged.

Article 7: Inspection, complaints and warranty

7.1 The Customer undertakes to accept the delivered goods immediately upon delivery and to examine whether their quality corresponds to what was agreed. By accepting the delivery of the ordered goods, the Customer confirms that the delivery is complete, in accordance with the order confirmation, and all visible defects are covered. 

7.2 Complaints relating to quantity and/or non-conformity must be reported to the Company immediately upon delivery (in the case of visible defects), or at the latest within 7 days (in the case of hidden defects), by registered mail and stating relevant details (including order and invoice numbers), failing which the Company may regard any complaint as inadmissible. 

7.3 Unless otherwise required by mandatory law or regulation, complaints must in any case be fully and clearly described and submitted to the Company within 14 days of the date of delivery.

7.4 In order to invoke a guarantee, the Customer must be able to present the proof of purchase, the receipt or the invoice. The guarantee is not transferable.

7.5 Our guarantee does not carry beyond that of our suppliers within the stipulated time frame.

7.6 Unless otherwise stipulated by mandatory law, the warranty of the Company consists only of the replacement of goods that are recognized as non-conforming with identical or at least equivalent goods or of their repair, free of charge, at the discretion of the Company. The application of the guarantee can in no case give rise to any form of compensation.

7.7 The warranty granted is void in case of abnormal use, poor maintenance, modification of goods by the Customer, disassembly or repair by an unqualified person.

Article 8: Liability

8.1 Should the Company (including its employees) be liable to the Customer for any reason whatsoever, the Company shall only be liable for the (material and physical) damage caused (i) by the defectiveness of the goods delivered by it or (ii) pursuant to the execution of the agreement, if and insofar as such damage was caused by its gross or intentional fault or deceit. The Contractor shall not be liable for any other errors.

8.2 In the event that the Company is held liable for any damages, the Company’s liability is limited to the invoice value of the Customer’s order, or at least to that part of the order to which the liability relates.

8.3 The Company is liable only for direct damages and never for indirect damages (including but not limited to consequential damages, lost sales, sales or profits, lost savings, unsaleability of goods and damages to third parties).

8.4 The Customer indemnifies the Company for any claims by third parties, who suffer damage in connection with the execution of the agreement and whose cause is not attributable to the Company.

8.5 In case of force majeure, the Company shall not be liable to the Customer and the Company shall not be liable for any compensation. The Contractor’s contractual obligations shall be suspended until the case of force majeure ceases. If the case of force majeure continues for 7 days or more, the Entrepreneur and the Customer are entitled to terminate the agreement without compensation. Force majeure is considered to be any circumstance that would hinder the performance or delivery by the Entrepreneur and over which the company has no control.

Article 9: Intellectual Property Rights

9.1 All intellectual or industrial property rights on all materials and/or services developed, used and offered by the Company, including but not limited to software, program code, scripts, texts, drawings, sketches, graphic designs, diagrams, tables, models, etc., are and remain exclusive to the Company or its licensor and may not be copied, published or made available to third parties, in whole or in part, for other than purely internal use, without the prior written consent of the Company. The Customer only acquires a limited right of use for the duration of the agreement with the Entrepreneur to use the said materials and services in accordance with the arrangements made between the Entrepreneur and the Customer.

Article 10: Retention of title

10.1 All goods remain the full property of the Company until full payment of all invoice amounts, including costs, interest and damages. 

10.2 Rented goods remain the full property of the Company at all times, even when the rental amount and the deposit have been paid in full by the Customer.

Article 11: Dissolution

11.1 The Company has the right to terminate the agreement with the Customer at any time, with immediate effect, without judicial authorization or prior notice of default and without payment of any damages, in the following cases: (i) if the Customer, despite written notice of default, remains in default of the (timely and proper) fulfillment of one or more obligations arising from the agreement (in particular, the payment of invoices); (ii) in the event of cessation of payments or (the filing of) a bankruptcy or WCO proceeding by the Customer; (iii) in the event of liquidation or cessation of the activities of the Customer; (iv) if the Customer refuses to make an advance payment c. (v) if the Company has good reason to doubt that the Customer will comply with its obligations towards the Company. 

11.2 In the event of dissolution, the Company shall also be entitled to compensation of 10% of the invoice amount as compensation for the costs, interest, loss of profit and damage suffered by the Company, without prejudice to the Company’s right to claim compensation for any higher damage, and all claims of the Company against the Customer shall become immediately due and payable.

Article 12: Applicable law and competent court

12.1 All agreements to which these general terms and conditions apply shall be governed exclusively by Belgian law. 

12.2 Except where otherwise provided by mandatory law, all disputes between the parties relating to contracts subject to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the judicial district in which the registered office of the Company is situated. All relevant collection costs shall be borne by the Customer.

Version 1 June 2021

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