General terms and conditions
September 1, 2021 version
The purpose of these general conditions is to regulate the contractual relationship between the customer and SRL NET BEE, whose registered office is located at 4910 Theux, Rue des 600 Franchimontois 26, and registered with the Banque-Carrefour des Entreprises under number 0664.578.177 ;
Hereinafter referred to as the “Company”;
The term “Customer” refers to any individual or company using the Company’s services or purchasing the Company’s products.
§1. These terms and conditions govern the contractual relationship between the Customer and the Company.
§2. The company is active in mail-order and Internet retailing, IT programming and consulting, and other IT activities.
§3. These terms and conditions take precedence over all other terms and conditions. They may be modified at any time by the Company, subject to prompt communication to the Customer. The new version of the general terms and conditions will only apply to contracts concluded after their entry into force.
§4. The customer is bound by these terms and conditions as soon as he signs the quotation as mentioned in article 2. The Customer is presumed to have read and understood them. If the quotation is validated electronically, the customer is bound by these terms and conditions as soon as the agreement is transmitted to the company electronically or confirmed by the company in writing, in any form whatsoever.
02. Quotations, prices and contractual documents
§1. In any case, a prior exchange is necessary between the Company and the Customer. At the end of this process, the Company issues a quotation for the service(s) requested and/or for the product(s) to be delivered. This quotation is valid for 30 calendar days, unless otherwise agreed in writing.
§2. Any modification made by the Customer after the quotation has been submitted will result in a modification of the quotation and, where applicable, of the cost of the Service(s) and/or product(s).
§3. Any changes, deletions or additions to the contractual terms must be made in writing.
§4. Prices may vary for reasons beyond the Company’s control. In the event of a price increase imposed by the supplier, the customer will be duly informed. The customer has the right to cancel the purchase if the variation is greater than 20% of the price initially agreed. If this is not the case, the Customer does not benefit from the possibility of renouncing the purchase.
§5. The customer’s agreement to the content of the quotation can be given: (i) by signing the quotation with the handwritten words “bon pour accord” and the date of signature; (ii) by e-mail confirmation.
§6. In any case, the quotation can be returned signed by post or e-mail, provided that the customer’s agreement is clearly visible, identifiable and unequivocal.
§7. In the event that the quotation has been issued by the Company by electronic means, e.g. by exchange of e-mails, the Customer expressly accepts that this exchange constitutes the contractual relationship and may serve as proof of its existence.
03. Service specificity
In order to enable the Services to be carried out efficiently and optimally, the Customer undertakes: (i) provide the Company with the information and documents necessary for the proper performance of said Services; (ii) to allow access to all installations, equipment and premises concerned by the services; (iii) allow the delegation of all or part of the Services to third parties to the contract covered by these general terms and conditions, after specific information has been provided by the Company.
§1. Unless otherwise stipulated, the Company’s invoices are payable in cash by bank transfer to the address indicated on the invoice. All duties and taxes relating to the exclusion of the contract shall be borne by the Customer.
§2. As soon as payment is made by the Customer, the Customer is presumed to have agreed to the quotation, under the same conditions as those set out in article 2.
§3. The invoice is sent by post or e-mail by the Company to the Customer. If the order is sent by e-mail, it will be sent to the e-mail address given by the customer when the quotation is signed. Under no circumstances shall the Company be held liable if the e-mail address provided by the Customer is incorrect.
§4. In addition, in the event of a change to the contact e-mail address, the Customer is obliged to inform the Company immediately. No additional payment period will be granted to a Customer who has failed to transmit the modification of the e-mail address for sending the invoice(s).
§5. Any invoice not paid by the due date, even in part, will automatically and without formal notice bear interest at 10% per annum. In the event of late payment of more than 30 days, the invoice amount will be increased by 15%, with a minimum of €150.00, as a conventional and irreducible penalty clause.
§6. Ownership of the product sold is not transferred until full payment has been received. Prior to this, the product remains the full property of the Company, even in the event of partial payment by the Customer.
§1. The Customer chooses one of the following delivery methods: (i) delivery by the Company, (ii) delivery by a third-party carrier, (iii) withdrawal of the order by the Customer. On the basis of the delivery method chosen by the Customer, a flat-rate amount covering delivery costs is added to the order amount. Furthermore, the Company cannot be held liable if it does not deliver the order itself. Consequently, if the Customer opts for delivery by carrier, the risks associated with transport are borne solely by the carrier, from the moment the Order to be delivered is deposited with the carrier. If the Customer opts for collection in person, the risks associated with transport are borne by the Customer as soon as he takes possession of his order. Where applicable, in the event of damage to the goods ordered due to transport and for reasons not attributable to the Company, the latter may agree to replace the Customer’s Order, in agreement with the latter. Replacement lead times are identical to the initial order delivery lead times, as mentioned above.
§2. Delivery times are indicative only. They are in no way binding on the Company. In the event of delivery after this date, the Customer does not benefit from the possibility of considering the sale as null and void and is not entitled to any damages whatsoever.
06. Obligation of means
The Company is bound only by an obligation of means, unless expressly stipulated otherwise. The Company undertakes to do everything in its power to complete the Service or Order. However, the Company is not obliged to use means that are disproportionate to the objective to be achieved.
07. Limitation of liability
§1. The Company cannot be held responsible for viruses or other elements affecting the Customer’s computer equipment, or for the actions of third parties.
§2. The Company is in no way liable for any damage caused to the Customer or third parties as a result of improper use of the product purchased. The customer is expected to use the product in accordance with its instructions for use. Any other use is the sole and exclusive responsibility of the Customer. The Customer may not, under any circumstances, engage in the commercial activity of reselling or renting the products purchased. The activity carried out by the Company is aimed solely at consumers or professionals for their own use.
§3. The Company may only perform the Services insofar as the Customer has provided it with all the information required for the performance of the Services and has not omitted to provide it with any information that could influence the outcome of the Services.
§4. In the event of a software defect, or a defect in the products and goods sold, attributable to the Company, the Company’s liability will always be limited to the sole correction of the said malfunctions, or to the free replacement of the goods and products concerned, to the exclusion of all damages and interest for the benefit of the Customer.
§5. Under no circumstances will the Company be held responsible for the cancellation or postponement of the Event for reasons beyond its control, such as total or partial strikes by third parties to the relationship, natural disasters, (risk of) terrorist attacks. In the event of such an event, the Customer and the Company undertake to agree on a postponement of the Services.
§1. From the date of delivery, the Company provides the Customer with a three-month warranty on the software created by the Company and included in the contract. Once this period has elapsed, the Customer waives any right to bring an action under the warranty for latent defects.
§2. The Company is not liable for any compensation to the Customer or to third parties for the consequences of the use of the software, whether for direct or indirect damage, personal injury, damage to property other than our hardware, loss of profit or loss of earnings, damage arising or to arise from deterioration or loss of data recorded by the Customer.
§3. As an intermediary, the warranty for goods supplied by us is limited to that provided by the manufacturer. The cost of transporting and packing the goods from the purchaser to the dealer and/or supplier, the cost of returning the device to the purchaser, and any damage to the device during transport to and from the purchaser, shall be borne exclusively by the purchaser.
09. Compensation in the event of cancellation or infringement
§1. Any Services begun and cancelled by the Customer are due up to the amount of the Services previously performed.
§2. In the event of cancellation of an Order by the Customer, the latter shall be liable for compensation of 20% of the value of the cancelled items, as well as for payment of all costs already incurred by the Company in the performance of the contract prior to receipt of the notice of cancellation. This may be demanded by the Company without prior notice.
§3. In the event of cancellation of the Order by the Company, for reasons beyond its control (disappearance of the product ordered, bankruptcy of a supplier, for example and without being exhaustive), the Company undertakes to offer an equivalent product to the Customer. The customer is free to accept or refuse.
§4. The Company reserves the right to cancel or refuse an order (e.g. for the production of a work) which is contrary to public order or morality.
§5. The Company reserves the right to terminate the contract in writing in the event of any breach of these terms and conditions of sale, or if the Customer fails to meet its obligations. In this case, the Company retains its rights to compensation, in accordance with the provisions of Article 4. Payment.
§1. Confidential data relating to both the Customer and the Company, as well as to third parties involved in the contractual relationship, collected in any way whatsoever and, essentially by e-mail exchanges, oral exchanges, as well as any future information, are intended solely for the execution of the contract and for communications between the parties. They will not be communicated or transferred to third parties without the consent of the Parties.
§2. Both the Company and the Customer are bound to respect the confidentiality of the information and to use it only insofar as it is strictly necessary for the performance of their respective obligations.
§3. In the event of non-compliance with this principle of confidentiality, both the Company and the Customer may demand compensation from the party in question for the loss suffered.
11. Intellectual property
§1. The entire content of the Company’s website is the property of the Company. This content is protected by copyright. As such, they may not be copied, reproduced or used for purposes other than those which may be attributed to the Customer, without the authorization of the Company, owner of the website.
§2. The Company cannot guarantee the compatibility of the website with any hardware or software used by the Customer.
§3. All elements produced by the Company and delivered to the Customer are subject to legislation governing intellectual property and, more specifically, copyright. The Company expressly authorizes the Customer to use it within the scope and limits of the Services and for purposes related to the performance thereof. Any other use, including but not limited to reproduction or communication to third parties, is subject to the express authorization of the Company, which may, if necessary, demand payment of the copyright.
12. Personal data
§1. Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (RGPD) is processed in compliance with this Regulation. This data is processed and stored solely for the purpose of fulfilling the contractual relationship between the parties, and is under no circumstances passed on to third parties for any other purpose. The data stored by the Company is as follows: surname, first name, address, e-mail address, telephone number, BCE number on the basis of the contractual relationship arising from your order as well as on the basis of our legitimate interest to undertake. A more comprehensive overview of our data processing policy can be found on our corporate website.
§2. The customer has the option of: (i) object, on simple request and free of charge, to the processing of his/her personal data, for serious and legitimate reasons, unless such objection makes the proper performance of the contractual relationship between the parties impossible; (ii) access, free of charge, the data concerning him/her held by the Company and obtain the rectification of any data that may be incomplete, inaccurate or irrelevant; (iii) request the deletion of data concerning him/her from the Company insofar as the retention of the data is not imposed on the Company by reason of a legal obligation; (iv) request the portability of data held by the Company to a third party; (v) withdraw, if necessary, at any time, consent to data processing based solely on consent.
§3. Any request concerning the above must be made in writing to the Company’s head office by post, or by email to email@example.com. Do you disagree with the way we handle your personal data? In this case, we invite you to contact us first. You can then contact the Data Protection Authority.
§4. The Company may disclose personal information to third parties at the request of any authority legally authorized to make such a request. The Company may also disclose them if such disclosure is required, in good faith, to comply with laws and regulations, or to protect or defend its rights or property.
13. Testimonial collection
§1. The Services performed by the Company on behalf of the Customer may, at any time, be used by the Company for anonymous reference purposes. The Company undertakes to obtain the customer’s consent for references with explicit mention of the customer’s data.
§2. The Company may request the Customer to provide written, oral or visual evidence of the performance of the Services and their effect on the Customer personally. The Customer is free to refuse to give such evidence at any time. If he accepts, the Company will ask him to give his formal agreement in writing. Testimonials collected by the Company may be used for documentary or reference purposes.
§1. Any claim whatsoever by the Customer, with the exception of those which may be referred to in an article, must be made in writing no later than 8 days after the occurrence of the event giving rise to the claim, by registered letter with acknowledgement of receipt. The Company undertakes to do its utmost to find an amicable solution that suits all parties.
§2. The Company will not accept the return of goods without prior written authorization. The lodging of a complaint, whatever its object, does not entitle the purchaser to suspend payments that have fallen due.
The invalidity of any provision of these terms and conditions shall not affect the validity of these terms and conditions as a whole. If a clause is rendered null and void, the parties undertake to conclude a clause with similar effect and to insert it in these general terms and conditions.
16. Application of Belgian law
These terms and conditions, as well as any dispute concerning the validity, interpretation or execution of these terms and conditions, are governed by Belgian law.
17. Dispute resolution and competent courts
In the event of a dispute, mediation between the Company and the Customer is preferred. To this end, the parties agree to take part in at least one mediation meeting organized by a mediator approved by the Federal Mediation Commission. If, after this meeting, no agreement seems possible, the competent courts are those of the judicial district of the Company’s registered office. The Company reserves the right to bring the dispute before any other competent court.