Terms and conditions of sale

 

Definitions and scope of application

The general terms and conditions for the provision of services, hereinafter referred to as “the general terms and conditions”, apply to all orders placed with the OFFICIAL SPANISH CHAMBER OF COMMERCE IN BELGIUM AND LUXEMBOURG, ASBL, whose registered office is located at Rue Belliard, 20, 1040 Brussels, registered with the Banque Carrefour des Entreprises under number 0406935487, hereinafter referred to as “the provider”. These general terms and conditions form the contract between the provider and the customer. The provider and the customer are hereinafter jointly referred to as “the parties”.

The “customer” is any natural or legal person who orders services from the service provider.

The “consumer” is the customer, a natural person, who is acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. Only the present general terms and conditions apply. In any event, they exclude the customer’s general or special conditions which the provider has not expressly accepted in writing.

The general terms and conditions are freely accessible at all times on the provider’s website: https://e-camara.com/web/, so that by placing an order with him, the customer declares that he has read these general terms and conditions and confirms his acceptance of the rights and obligations attached to them. The provider reserves the right to modify these terms and conditions at any time and without prior notice, provided that such modifications appear on its website. These modifications will apply to all subsequent orders for service(s).

Offer and order

To place an order, the customer selects the service(s) they wish to order and informs the service provider by telephone, post, e-mail or online form. The service provider will provide the customer with an order form for these services and may request a deposit. It is the customer’s responsibility to check the accuracy of the order and to notify the service provider immediately of any errors. The customer must then accept and send the order form to the service provider to confirm the order. The provider reserves the right to suspend, cancel or refuse a customer’s order, in particular if the information provided by the customer is manifestly inaccurate or incomplete, or if there is a dispute relating to the payment of a previous order. In the event of cancellation of a service order by the customer after its acceptance by the service provider, for any reason whatsoever, except for cases of force majeure, the service provider will retain a sum equivalent to 30% of the price of the order and will invoice the customer for damages.

In the case of an order for tickets for one of the provider ‘s events, the amont will be paid in full, unless express notification of cancellation of the registration is received at least 72 working hours before the event. Another participant may replace the registered person with prior notice.

Payment

Invoices are payable in the invoicing currency at the provider’s registered office no later than thirty days after the invoice date. Any complaint relating to an invoice must be sent in writing by registered mail to the supplier’s head office within eight calendar days of receipt. Failing this, the customer will no longer be able to dispute the invoice. Any invoice unpaid on the due date will automatically and without formal notice generate late payment interest of 8% per annum for private customers. For companies, the interest stipulated in the law of August 2, 2002 concerning the fight against late payment in commercial transactions will apply. In addition, any invoice not paid on the due date will be subject, ipso jure and without notice, to a flat-rate penalty of 15% of the total amount due by way of damages.

Price

The price of services is quoted in euros, inclusive of all taxes. Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of execution will automatically be charged to the customer.

Right of withdrawal

In accordance with article VI.47 of the Belgian Code of Economic Law, the consumer who orders services from the service provider at a distance has a period of 14 calendar days from the date of conclusion of the contract, i.e. the date on which the consumer receives a summary of his order, by e-mail. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. The consumer may notify his wish to cancel the purchase by contacting info@e-camara.com, using the form available on the website of the S.P.F. Economie, P.M.E., Classes moyennes et Energie: economie.fgov.be, or by an unequivocal statement expressing his decision to cancel the contract. The service provider will refund the amount paid as quickly as possible and within 14 days at the latest.

Consumers who expressly accept that the service ordered will be carried out before the 14-day period has expired, and who recognize that this execution will cause them to lose their right of withdrawal, may no longer exercise this right, in accordance with article 53 of Book VI of the Code of Economic Law. Similarly, the consumer may not exercise the right of withdrawal if one of the other exceptions provided for in article 53 of Book VI of the Code of Economic Law applies.

Cancellation of order

Customers who do not qualify for the right of withdrawal described in the previous article of these conditions and who wish to cancel their order will inform the service provider, who will inform them of the steps to follow. Any deposit paid by the customer to the provider will not be reimbursed. If no deposit has been paid, the provider may claim from the customer a cancellation indemnity equivalent to 30% of the price of the products and/or services whose order has been cancelled by the customer.

Order fulfilment

The lead times indicated by the contractor are provided for information purposes only and are not binding on the contractor. Any delay in the execution of the order shall therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer’s obligations, or payment of damages. The order will only be executed once payment has been received in full.

Complaints

Any complaints relating to the services provided by the provider must be made in writing within 8 days of the event giving rise to the complaint. Failing this, they cannot be taken into account. If a complaint proves to be justified, the provider will have the choice between replacing or refunding the price of the services concerned.

Intellectual property rights

The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or the provider’s catalogue are protected by intellectual property law. Unless expressly agreed otherwise in advance, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute, or create derivative works based in whole or in part on the elements present on the provider’s website or catalogue. Unless expressly agreed otherwise, the agreed price therefore does not include any transfer whatsoever of intellectual and/or industrial property rights for any reason whatsoever.

Guarantee for services provided

The service provider undertakes to perform the services in a professional manner.

The customer benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of any anomaly detected during this period, the service provider will correct it free of charge and as quickly as possible, provided that the anomalies detected have been duly reported to the service provider.

Services requested because of unauthorized intervention or modification, incorrect handling or use by the customer, or as a result of a fault caused by intervention by the customer or a third party, are expressly excluded from the guarantee of conformity. The provider declares that the results of services which are protected by intellectual property rights constitute original creations. If the service provider calls upon external parties to carry out all or part of the services, it declares that it has obtained all the rights and authorizations required to perform these services.

Consequently, the service provider guarantees the customer against any action, claim, allegation, demand or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

Liability

General. The customer acknowledges and accepts that all obligations owed by the provider are exclusively of a best-efforts nature and that the service provider is only liable for gross negligence or wilful misconduct. In the event that the customer proves the existence of gross negligence or wilful misconduct on the part of the provider, the loss for which the customer may claim compensation includes only the material damage resulting directly from the fault attributed to the provider, to the exclusion of any other damage, and may not, in any event, exceed 75% (exclusive of tax) of the amount actually paid by the customer in execution of the order. The customer also acknowledges that the provider is not liable for any direct or indirect damage caused by the products delivered or the services provided, such as loss of earnings, increased overheads, loss of clientele, etc. The provider is also not liable for any loss or damage caused by the products delivered or the services provided. Likewise, the provider is not liable in the event of the customer providing incorrect data, or in the event of an order being placed in the customer’s name by a third party.

Miscellaneous provisions

Force majeure or fortuitous event. The provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance results from a case of force majeure or fortuitous event. In particular, the following events shall be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of the service provider’s computer system or database, when either of these events cannot reasonably be attributed to the service provider, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections and riots, 11) stoppage of the supply of energy (such as electricity), 12) failure of the Internet network or data storage system, 13) failure of the telecommunications network, 14) loss of connectivity to the Internet network or telecommunications network on which the service provider depends, 15) an act or decision of a third party where such decision affects the proper performance of this contract, or 16) any other cause beyond the reasonable control of the service provider.

If, due to circumstances beyond the control of the service provider, the performance of its obligations cannot be continued or is simply rendered more onerous or difficult, the service provider and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. Failing agreement within a reasonable time, either party may invoke termination of the contractual relationship between them without compensation or indemnity of any kind.

Termination of contract

In the event of the customer’s insolvency or in the event of unpaid debts, even in the context of previous contracts between the customer and the service provider, the latter is entitled to suspend the performance of its obligations until the customer has repaid in full any unpaid debts owed to the service provider. In the event of non-performance of its obligations by the customer, the service provider may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.

Illegality

The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general terms and conditions, nor the remainder of this article, paragraph or provision, unless a contrary intention is evident in the text.

Headings

The headings used in these terms and conditions are for convenience and reference only. They in no way affect the meaning or scope of the provisions to which they refer. 

No waiver

No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions shall be construed as a waiver of such right or remedy.

Applicable law and jurisdiction

These terms and conditions are governed by Belgian law. In the event of any dispute relating to the validity, interpretation, performance or breach of these terms and conditions, the parties agree to seek mediation prior to any other method of dispute resolution. The parties therefore appoint a mediator approved by the Commission Fédérale de Médiation (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – www.cfm-fbc. be/en) by mutual agreement or instruct a third party to do so. Once the mediator has been appointed, the parties, with the help of the mediator, define the organization of the mediation and the duration of the process. Either party may terminate the mediation at any time, without prejudice to the other. Should the mediation fail, only the courts of the Brussels judicial district will have jurisdiction.