1.1. By signing an offer, order form, work plan or any other document in which an agreement to supply goods and/or services by BV BUZZE appears and in which reference is made to these general conditions, the co-contracting party accepts the following conditions as solely applicable, notwithstanding any other provision stated on an order or any other document emanating from the co-contracting party.
1.2. Unless otherwise agreed in writing, the following conditions are an integral part of all our agreements. Deviations can only be accepted with prior, express and written agreement by BV BUZZE.
1.3. These general conditions are deemed to be expressly accepted by the co-contracting party even if they conflict with the general or special conditions of the co-contracting party.
2.1. Our offers are only valid for one month after they have been drawn up. BV Buzze is only bound by these offers if the acceptance by the co-contractor reaches BV Buzze within this period.
2.2. Other or supplementary assignments fall financially outside the quotation and will be invoiced additionally.
2.3. The agreement can only be changed with mutual consent.
2.4. Every official price increase outside the will of BV Buzze that affects the cost price justifies a price revision according to official price revision formula. Non-limitatively, BV BUZZE refers to new taxes and/or levies, changes in energy prices, wage costs or fuel costs.
3.1. Unless otherwise agreed, the price of the works is invoiced in accordance with their execution. VAT, other taxes and charges, and their changes, shall be borne by the co-contractor. The balance of the invoices are due immediately from the notification of the invoice. In case of non-cash/immediate payment, BV Buzze will be forced to charge interest based on the law of 2/8/2002 on combating late payment in commercial transactions on the sums due. The interest shall be due automatically, by operation of law and without prior notice of default. Moreover, BV Buzze will be obliged to charge a fixed compensation of 10% with a minimum of 250 euros.
3.2. If the client cancels an order, he/she shall be obliged to pay a fixed compensation of 25% on the total amount of the order without prejudice to all other additional compensation due to administrative costs, execution costs and the like.
3.3. In case of contractual default, bankruptcy or apparent insolvency of the customer, BV Buzze may consider the agreement terminated by simple registered letter without any notice of default and by operation of law. In case of dissolution or termination of the agreement at the expense of the co-contractor, a lump-sum compensation of 25% of the contract price shall be payable to BV Buzze, without prejudice to the compensation of BV Buzze’s actual damages.
3.4. Even in the case of an absolute lump sum, and regardless of whether the works are carried out by BV Buzze or on our behalf, any change in wages, social security contributions, the prices of materials or of their transport, and any new tax or levy shall result in a price revision applied to the relevant invoicing.
3.5. All our invoices are deemed accepted if they are not disputed by registered letter within 8 calendar days of receipt. Each payment will be charged against the oldest invoices and the interests and damages due thereon.
3.6. If the co-contracting party does not proceed to full payment of the overdue amount even after notice of default, BV Buzze reserves the right to suspend and/or definitively terminate all current performances, and this without the co-contracting party being able to claim any compensation for this.
3.7. The delivery of goods and services by BV Buzze are subject to VAT. If the contracting party invokes the reverse charge VAT, the contracting party itself bears the responsibility and burden of proof for this. If a VAT audit reveals that the co-contractor still had to be invoiced under a higher VAT scale, BV Buzze reserves the right to reclaim the VAT still due from the co-contractor.
4.1. The execution deadlines stated in the offers are not binding, but merely informative. Unless otherwise agreed, delays in the execution of the work can in no way justify the cancellation/termination of the agreement, any compensation or interest or the refusal to pay the agreed price in full. BV Buzze reserves the right to suspend the execution of any work, this or any other, as well as to refuse a service, as long as an outstanding debt, exclusively from the present contract or from any other contract, has not been paid. The resulting late payment shall not be borne by BV Buzze.
4.2. Should BV Buzze fail to exercise or belatedly claim any of the rights arising from these general conditions, this does not mean that BV Buzze waives them.
RIGHT OF WITHDRAWAL
On delivery of products:
5.1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
5.2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. On delivery of services:
5.3. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
5.4. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery.
6.1. The performances delivered remain the property of BV Buzze as long as the invoice relating to these performances has not been paid in full.
7.1. BV Buzze shall not be liable in case of force majeure or unforeseen circumstances with itself or its suppliers, which in spite of reasonably expected precautions and beyond its control, delay, excessively aggravate or even render the execution of the order completely impossible.
7.2. Force majeure or unforeseen circumstances suspend the term of execution as long as such circumstances last without compensation to the co-contractor. Moreover, BV Buzze reserves the right to dissolve the contract in case of force majeure without formalities or advance notice.
7.3. BV Buzze is not liable for possible damage to persons or goods caused on the occasion of the execution of the agreement except in case of deliberate, fraudulent, serious fault on the part of BV Buzze.6.4. Under no circumstances can the financial liability of BV Buzze exceed the foreseen price of the order.
7.5. BV Buzze is not liable for any damages resulting from the fault of its appointees, including their serious or intentional fault.
7.6. Every claim of the other party for damages, indemnification or any other claim against BV Buzze lapses by operation of law if it is not brought before the competent Belgian court within a period of 6 months after the facts on which the claim is based were known to the other party or should reasonably have been known to him (= expiry period).
8.1. BV Buzze processes and collects the personal data that BV Buzze receives from you for the purpose of contract performance, customer management, accounting and direct marketing activities. The legal grounds are consent, performance of the agreement, fulfillment of legal and regulatory obligations or legitimate interest.
The processing controller is BV Buzze, Plantenweg 16 at 8540 Deerlijk. The personal data in question will be passed on to processors, recipients and/or third parties within the framework of the aforementioned processing purposes.
The customer bears responsibility for the accuracy of the personal data that he/she provides to BV Buzze and undertakes to comply with the General Data Protection Regulation with respect to the persons whose personal data he/she has transmitted to us, as well as with respect to all possible personal data that he/she may receive from us and our employees.
The customer confirms that he was adequately informed about the processing of his personal data and about his rights to access, correct, delete and object.
For more information, see the Privacy Statement, as found on the website.
9.1. All designs, studies, drawings, presentations, working methods, and in general all carriers in which our intellectual services appear or are contained, shall at all times remain the property of BV Buzze. The customer acknowledges that all rights therein belong exclusively to BV Buzze and that the customer himself cannot assert any rights therein. The customer acknowledges that he mentioned items, as well as the related know-how, methods and developed software, are the exclusive property of BV Buzze and could qualify for intellectual protection rights. Under no circumstances may they be used, communicated or copied, even partially, without the written permission of BV Buzze. The customer hereby expressly waives the possibility of claiming any right in this regard and of using the information obtained to apply for an intellectual protection right. He undertakes to maintain confidentiality and shall refrain from doing so.
9.2. All documents prepared by BV Buzze, of whatever nature, remain the property of BV Buzze and must be returned to BV Buzze on first request.
10.1 Only Belgian law is applicable to all disputes regarding this agreement.
10.2 The settlement of all disputes, resulting from the agreement or relating to the payment of the invoices, falls under the territorial jurisdiction of the courts of the registered office of BV BUZZE, being the courts in Kortrijk. However, BV BUZZE reserves the right to bring the dispute before the courts of the co-contracting party’s registered office or place of residence, or the place of execution of the agreement.
11.1. If one or more clauses or phrases of clauses of these general terms and conditions are not valid, void or unenforceable for whatever reason, the remaining parts of the clauses shall nevertheless remain unaffected.
11.2. In place of the invalidated (part of the) clause, the provision in accordance with the applicable regulations that comes as close as possible to the economic intent and content of the invalidated clause shall take its place, even if the aforementioned general terms and conditions contain a loophole.
11.3. BV Buzze can unilaterally make changes to its general terms and conditions. These can only be invoked against the co-contractor in the absence of protest from the co-contractor within 15 calendar days from the day of notification of these changes.
