General Terms & Conditions for KICK APS
These are the general conditions (hereinafter: “General Terms & Conditions") of KICK APS, having its registered office at Kleine Mechelsebaan 50, 3200 Aarschot, België and registered in the Kruispuntbank van Ondernemingen [equivalent to Companies House] under number BE 0826.078.823. (hereinafter referred to as: “KICK APS”).
Article 1 - Scope
These General Terms & Conditions apply to every offer, every quotation and every agreement reached with regard to products and/or services offered by us.
These General Terms & Conditions apply to the exclusion of the Customer's general terms & conditions.
Article 2 - Quotations
Our quotations are purely indicative and without obligation and expire if they are not accepted by the Customer within 30 calendar days. Quotations only become legally valid in the capacity of an agreement once the quotation has been signed by the Customer and by us. We also reserve the right to refuse certain orders without giving any reason.
Article 3 - Price and payment
The price for our goods/services is mentioned on the quotation.
All our invoices are payable within 14 days of receipt, unless the quotation specifies a different due date. If we ask for an advance payment, we will only start our activities once we have received the advance payment.
For every delay in payment, the Customer will owe default interest of 1% per commenced month from the due date of the invoice and without prior notice of default, with each month that has been commenced being deemed to be a full month, whereby the foregoing is without prejudice to any compensation or costs. Likewise, a lump sum fee of 10% of the invoice amount with a minimum of 250 euros as compensation is payable by operation of the law and without prior notice of default; moreover, in addition to the principal sum, interest on arrears as well as the costs of collection, notices of demand and prosecution, as well as expenses due to loss of time and legal or legal costs, are also payable. This damage clause does not detract from the obligation to pay the stipulated amount of interest on arrears.
We must be notified of disputes by registered letter within five working days of the invoice, otherwise they will be declared inadmissible.
Article 4 - Duration of the agreement and cancellation
Our agreements can be entered into as described in our quotations. The agreement can at all times be cancelled unilaterally and without judicial intervention by us if the Customer is in bankruptcy or composition proceedings, or if the customer has not paid its invoices.
Article 5 - Intellectual property rights
Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that are either held by us or by our suppliers or by other rights-holders.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
It is forbidden to make use of and/or to make changes to the intellectual property rights as described in this Article. For example, the customer shall not copy or reproduce our drawings, photographs, texts, logos, colour combinations, 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 these data in accordance with the General Data Protection Regulation;
Article 7 - Liability
We are not liable except in case of intent or gross error. Moreover, we are not liable for any direct or indirect damage (such as consequential loss, lost profit, missed savings or loss due to business interruption) for which we have not explicitly determined our liability in these terms & conditions. Our liability will in all cases be limited to the amount of the price stipulated for that order (excl. VAT).
We make every effort to provide access to the website 24 hours a day and 7 days a week. In view of the technical characteristics of the Internet and IT resources, and given the need to carry out periodic maintenance, updating or upgrading work, we cannot guarantee uninterrupted access and service. In the event of normally acceptable interruption or disruption to access or service, we make every effort to remedy this within as short a time as possible. Such normally acceptable interruptions or disruptions are inherent to services provided via the internet and cannot be considered as shortcomings.
Article 8 Force majeure
In case of force majeure, we are not obliged to fulfil our obligations. In that case we can either suspend our obligations for the duration of the force majeure or terminate the agreement permanently.
Force majeure is any circumstance beyond our control and control that prevents the fulfilment of our obligations, wholly or partly. The following list is a non-exhaustive list of what we understand by this term: strikes, unexpected traffic jams, accidents on European roads, fire, business failures, power failures, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any time, non-delivery or late delivery from suppliers or other third parties, etc.
Article 9 - Invalidity and completeness
These General Terms & Conditions constitute the entire agreement between the customer and us, with regard to the subject-matter included therein.
If one or more provisions of these Terms & Conditions turn out at any time to be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed to be separate from these General Terms & Conditions and shall not affect the validity and enforceability of the remaining provisions.
Article 10 - Competence and applicable law
Belgian law applies to all disputes related to or arising from our offerings and/or agreements. In case of dispute or dispute, only the courts of the judicial district where our registered office is located are competent.