TERMS AND CONDITIONS NOVY SERVICES
Article 1. Definitions
1.1 The Company: registered as a natural person, established under the name NOVY SERVICES and whose company number is 0757.914.052, located at Passage Saint-Paul 16, 7700 Mouscron.
1.2 The Customer: any customer (natural person) whether self-employed or not, or any customer (legal entity) and any other customer (organization without legal personality). The Company has a B2B relationship with this customer.
Article 2. Scope of application
2.1 These general terms and conditions apply to all legal relationships (including quotations, offers, purchase orders and contracts) between the Company and the Customer.
2.2 Acceptance of the offer (whether express or implied by payment) implies acceptance of these terms and conditions.
Article 3. Unilateral modification or addition
3.1 Provisions or conditions which deviate from, amend or supplement these General Terms and Conditions are only binding on the Company if expressly accepted by the Company in writing.
3.2 Where the offer and acceptance refer to different general terms and conditions, the contract is nevertheless formed. Each of the general terms and conditions forms part of the contract, with the exception of incompatible clauses, unless the Company has expressly accepted such incompatible clauses in writing.
3.3 The invalidity of a provision or part of a provision of the contract shall not affect the validity of the remaining part of the provision or the remainder of the provisions and clauses.
Article 4. Quotations and orders
4.1 All quotations are non-binding unless otherwise stated.
4.2 Unless expressly stated otherwise in quotations, estimates and offers are valid for three (03) days.
4.3 The quotation does not oblige the Company to carry out any part of the offer mentioned therein.
4.4 An order, including those placed by agents or representatives of the Company, is only binding if expressly accepted by the Company in writing.
Article 5. Prices and charges
5.1 The prices applicable to services are those mentioned in a quotation. Prices are fixed per job and are expressed in euros, including VAT.
5.2 The prices indicated in the quotation do not include costs following items: travel to the location chosen by the customer at his request.
5.3 Travel costs amount to €0.40 per kilometer travelled, calculated on the basis of the unit of establishment, and only come into effect at the customer’s request and will appear on the final invoice.
5.4 The Company expressly reserves the right to unilaterally modify the remuneration price if, after the conclusion of this agreement, one or more objective factors for the determination of the price change due to foreseeable or unforeseeable circumstances, including, but not limited to, prices of raw materials, suppliers’ services, energy, levies and taxes imposed by national or foreign governments and labor costs.
The Company will notify the new remuneration price in writing by registered letter at least thirty (30) days before it comes into effect. If the Customer does not accept the new price, he may terminate the contract by registered letter without giving any reasons. If the Company does not receive the notice of termination at the latest by the time the new price comes into effect, the Customer is deemed to have accepted the new remuneration price.
Article 6. Delivery and force majeure
6.1 Services must be provided within the contractual period.
6.2 The Company will provide the services once it has received down payment in due form.
6.3 The Customer must ensure that the services can be delivered and installed by the Company in the normal way at the agreed place and time, and therefore, among other things, guarantee the accessibility of the service location. If this condition is not met, the Customer is obliged to reimburse the Company for all damages, including waiting time.
6.4 The Company is subject only to an obligation of means and is not liable to pay any compensation for damage resulting directly or indirectly from the services it has provided, except in the event of gross negligence or wilful misconduct.
6.5 In no event shall the Company be liable for any indirect damages such as, but not limited to, loss of revenue, loss of contracts, capital costs, yield limitation or any other indirect loss or damage whatsoever, both to the Customer and to third parties.
6.6 The Company’s liability is limited in all respects to the invoiced value of the services provided.
6.7 The Customer cannot claim compensation for non-performance in the event of force majeure.
6.8 Force majeure means any event not resulting from any identifiable human action, such as, but not limited to, illness, death and extreme and unforeseen weather conditions or natural phenomena.
Article 7. Claims and warranty
7.1 The Customer must check the services provided immediately.
7.2 All invoices are considered accepted if they are not contested by registered mail within ten (10) days.
Article 8. Jurisdiction and choice of law clauses
8.1 These conditions are governed by Belgian law.
8.2 The courts of the district of West Flanders shall have exclusive jurisdiction over any dispute concerning the application of these general terms and conditions and the performance of the service, without prejudice to the rules laid down in article 624 of the Judicial Code.
Article 9. Cancellation and default
9.1 It is possible to cancel an order up to a maximum of two (02) days after the order has been placed. In the event of cancellation, any deposits paid will be refunded, with the exception of a lump sum of 10 EUR for administrative costs.
9.2 Any failure to pay will result in unpaid invoices becoming due and entitle the Company, after formal notice, either to suspend all future services or to terminate the contract, without prejudice to the right to compensation.
9.3 If one of the parties fails to meet its contractual obligations, the other party has the right, after formal notice, either to suspend its obligations or to terminate the contract without judicial intervention, if the formal notice is not followed up or is not usefully followed up within five (05) working days, without prejudice to the right to compensation.
Article 10. Payment terms and conditions
10.1 Unless otherwise agreed, thedeposit of 30% must be paid within five (05) working days prior to the provision of the service, by bank transfer to account number BE95 7350 6489 0358.
10.2 Unless otherwise agreed, the customer must pay the remaining amount (after payment of the deposit) at the latest on the due date of the invoice by transfer to account BE95 7350 6489 0358.
Article 11: Compensation and interest on arrears
11.1 In the event of non-payment of (part of) the invoice by a Customer, an increase in the invoice amount will be invoiced, including interest on arrears of 3.5% per annum and a flat-rate penalty of 5% with a minimum amount of 7.50 euros.
11.2 This interest and compensation clause is due ipso jure and without notice from the due date of the invoice. In the event of non-payment of the invoice by the Customer within the stipulated payment period, a reminder procedure will be initiated. If the reminder is sent by a bailiff, the latter will apply the rates set out in AR 30.11.1976. This tariff will be applied for any amicable phase, such as, but not limited to: formal notice, information, handling fees, discharge and collection fees, and for any judicial phase. All resulting costs are to be borne by the customer.
Article 12. Confidentiality
12.1 The Company stores the following personal data: first and last name, address, telephone number and e-mail address. These data are kept in the data register in the accounts and are deleted when the company ceases trading or after 5 years. years if the company is still in business.
12.2 The data referred to in point (12.1) are considered confidential. It is stored and processed exclusively within the framework of the relationship between the Customer and the Company. Data may be transmitted to partners who contribute to the processing of the transaction with the Customer and to partners who intervene within the framework of legal obligations.
12.3 The data referred to in point (12.1) will not be sold or passed on to third parties without the customer’s prior consent.
12.4 The Customer may always access personal data held by the Company. The Customer may at any time request the modification or deletion of such data insofar as this is possible, taking into account legal data retention obligations.