Definitions
By using the website and services of De Kompanie, you agree to these general sales conditions. Please read them carefully. If you do not agree with these conditions, we ask you not to use our website and services.
• De Kompanie: Part of Compagnie B, defined according to article "Contact Information".
Applicability
These general sales conditions apply to all offers, agreements, and services that De Kompanie provides to its customers.
These general sales conditions are always attached to the agreement of De Kompanie and are also available via the website https://de-kompanie.be. The general sales conditions and the agreement of De Kompanie together form the “Service Agreement”.
The agreement between De Kompanie and the customer for providing the mentioned services is established at the moment the customer returns the signed service agreement to De Kompanie (the “Establishment”).
These general sales conditions always apply to the relationship between the customer and De Kompanie, regardless of any differing terms and conditions that may be used by the customer. Other or opposing conditions of the customer are therefore considered not written, and the silence of De Kompanie cannot in any case be interpreted as acceptance of other terms or conditions. Acceptance of these general conditions implies that the customer fully waives the application of its own general purchasing conditions.
Services
The services provided to the customer are those explicitly described in the service agreement (“Services”). These services form a single and indivisible whole.
Offers and quotations
All offers and quotations from De Kompanie are non-binding. De Kompanie reserves the right to change or withdraw offers. Price changes and typographical errors are reserved.
Prices and payment
All prices on the website are stated in euros and include VAT, unless otherwise indicated.
The price owed by the customer for the services ordered from De Kompanie is the price as stated in the service agreement.
Payment must be made in the manner indicated during the ordering process or as stated in the service agreement.
De Kompanie has the right to suspend its obligations towards the customer in whole or in part without prior notice if the customer fails to meet its (payment) obligations to De Kompanie for any reason.
Delivery
De Kompanie aims to deliver products and services within the specified delivery time. Delivery times are indicative, and exceeding them does not give the user the right to compensation or cancellation of the agreement, unless the delay is such that the user cannot reasonably be expected to maintain the agreement. In most cases, De Kompanie will not maintain its own active stock without corresponding sales orders. After confirmation of the order, De Kompanie will secure the necessary stock with suppliers and closely monitor the logistics chain to deliver orders within the specified delivery time.
Commencement and revocation
The delivery of the services specified in the agreement only commences (“Commencement Date”): From the fifteenth (15th) day after the conclusion of the agreement, provided that the payments, as specified in article "Prices and payment" of these general sales conditions, have been received by De Kompanie; or (b) Immediately after the payments, as specified in article "Prices and payment" of these general sales conditions, have been received by De Kompanie, provided that the customer has expressly requested this at the conclusion of the agreement. In that case, the Customer acknowledges that:
(i) If the services have already been fully performed by De Kompanie, the customer loses their right of revocation;
(ii) If the services have not yet been fully performed by De Kompanie when the customer exercises their right of revocation, the customer owes compensation to De Kompanie that is proportional to the portion of the services that have already been performed at the time of exercising the right of revocation.
The customer has the right to revoke this agreement, without stating a reason, within fourteen (14) days after the conclusion of the agreement. To do so, the customer can send an unambiguous written statement (by post or email) to De Kompanie in which the customer declares to revoke the agreement. The right of revocation is deemed to be exercised within this mentioned period if the customer sends the notification regarding the exercise of the right of revocation before the period has expired.
The burden of proof regarding the exercise of the right of revocation lies with the customer.
If the customer exercises the right of withdrawal in a timely manner, De Kompanie will refund all payments received from the customer within fourteen (14) days after the day on which it is informed of the customer's decision to withdraw from the agreement. Unless the customer expressly agrees to a different payment method, the refund will be made using the same payment method as the customer used for the original transaction. No additional costs will be charged for the refund using a different payment method.
The refund may be offset against the amount owed by the customer proportional to the portion of the services that has already been performed at the time of withdrawal compared to the full execution of the Agreement.
Delivery Time and Method
The delivery time for the services specified in the agreement begins on the start date.
Liability
De Kompanie will only be liable for damages resulting from (i) its own intentional fault, (ii) the non-performance of one of its main contractual obligations towards the customer.
In the event of an error by De Kompanie or one of its partners, or in the event of death or bodily injury of the customer caused by De Kompanie or one of its partners, De Kompanie cannot be held liable for compensation for immaterial, indirect, or consequential damages (including, but not limited to, loss of profits, loss of revenue, loss of income, administrative costs, loss of clientele, or claims from third parties).
Compensation
In the event of total or partial non-payment of an amount owed by the customer according to the agreement on the due date, the customer is automatically and without prior notice (1) liable for default interest on the unpaid amount according to the statutory interest rate increased by 5%, provided that this interest cannot be lower than 10% per year, and this for each month already started and (2) liable for a flat-rate compensation amounting to 10% of the unpaid amount (with a minimum of 30 EUR). The above does not affect the right of De Kompanie to claim a higher compensation provided there is evidence of higher actual damages suffered.
If De Kompanie fails to comply with the delivery times mentioned in these general sales conditions and this is not due to the customer or third parties or a case of force majeure, the customer is entitled to a flat-rate compensation of 5% of the total amount of the agreement. The above does not affect the right of the customer to claim a higher compensation provided there is evidence of higher actual damages suffered.
Force majeure
Force majeure is understood to mean the situation in which the performance of the agreement by one of the parties is wholly or partially, temporarily or not, hindered by circumstances beyond the will of that party, even if this circumstance was foreseeable at the time of the conclusion of the agreement. The following non-exhaustive list of examples is certainly considered as cases of force majeure: depletion of stock, delays in or failure to deliver by a party's suppliers, loss of goods due to accidents, machine breakdown, strike or lock-out, fire, riot, war, epidemic, flooding, high absenteeism, electrical, IT, internet or telecommunications disruptions, decisions or interventions by government authorities (including the refusal or cancellation of a permit or license), the judiciary or professional association, fuel shortages, and errors or delays attributable to third parties.
In the event of force majeure, the obligations of the relevant party are suspended and it will promptly inform the other party of this. The parties will make all reasonable efforts to limit the consequences of a force majeure situation in such cases. If the force majeure lasts longer than two (2) months, the other party is entitled to terminate the agreement without the intervention of the court, without the party invoking force majeure being liable to pay any compensation to the other party.
Property rights and intellectual rights
The Company and/or its affiliated companies or its licensors retain all intellectual property rights (including, but not limited to all trademarks and copyrights) that they may assert at any time in connection with the services provided. The customer will not be granted any rights or licenses to these intellectual property rights in any way, except if The Company expressly gives its written consent for this.
Privacy and Personal Data
The Company respects the user's privacy and processes personal data in accordance with applicable privacy legislation. By signing the service agreement, the customer expressly agrees to the processing of the customer's contact details. For more information, we refer to our Privacy Policy and corresponding Cookie Policy.
Execution by Third Parties
Without prejudice to the liability as described in these general sales conditions, The Company has the right to outsource the obligations it has undertaken to third parties.
Severability
If a provision (or a part thereof) of this agreement is or becomes invalid or unenforceable or conflicts with any applicable legal rule, this does not prevent the remaining provisions of this agreement from remaining valid and binding as if the relevant provision were not part of the agreement.
Any such invalid or unenforceable provision will automatically be replaced by a valid and enforceable provision that, to the extent legally possible, aligns with the intent of the parties when entering into this agreement in accordance with the purpose and spirit of this agreement.
Applicable law and disputes
Belgian law exclusively applies to all legal relationships in which De Kompanie is a party. Disputes will be submitted to the competent court in the Tongeren district.
Changes
De Kompanie reserves the right to change these general sales conditions. Changes will be communicated via the website and will take effect at the time of publication. It is the user's responsibility to regularly consult the general terms and conditions.
Contact information
If you have questions about this privacy policy or about the processing of your personal data, please contact us at:
Owner: Compagnie B
Company number: BE 1005.238.021
Address: Laagsimsestraat 29, 3570 Alken
Email: info@de-kompanie.be
Phone: +32 478 41 91 32
We strive to respond to your questions and requests as soon as possible.
By using our website and services, you confirm that you have read, understood, and agree to this user agreement.