WETTELIJKE INFORMATIE

Dienstenwaaier CV – Kloosterstraat 4, 1020 Laken, Belgium

BE1002.358.507 - RPR Brussel

www.dienstenwaaier.be - info@dienstenwaaier.be

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GENERAL CONDITIONS DIENSTENWAAIER

Applicable as from 12 December 2023

 

Applicability

Dienstenwaaier CV (hereinafter referred to as "Dienstenwaaier") is a company providing a wide range of business services.

 

By signing or declaring approval of the offer or agreement (can also be done via digital acceptance via the CRM), the client declares to be aware of the general terms and conditions and to accept them. These general terms and conditions form an indivisible whole with the invoice drawn up and the parties expressly declare to have taken note of them.

 

To the extent that the provisions of the general terms and conditions deviate from provisions of the offer and/or agreement, the provisions of the offer and/or agreement shall prevail.

 

Quotation

Unless the quotation states otherwise, the quotation prepared by Dienstenwaaier is valid for 21 calendar days. An offer signed by the client constitutes a binding agreement.

 

Execution of the agreement

The goods/services are delivered as described on the invoice or in the quotation. The customer should immediately check the delivered goods/services. Any complaints must be made no later than within 15 working days of receipt. Hidden defects must be reported within 30 working days of discovery at the latest.

The parties shall always perform the agreement to the best of their ability, in good faith and in accordance with the rules of the art. The client must ensure that all data, which Dienstenwaaier indicates are necessary or which the client should reasonably understand are necessary for the performance of the agreement, are provided to Dienstenwaaier in a timely manner. Failing this, Dienstenwaaier is entitled to suspend the performance of the agreement and/or charge the client for the additional costs resulting from the delay.

 

If work is performed by Dienstenwaaier at the client's premises, the client will provide the required facilities free of charge. The customer will also provide first aid equipment and administration of first aid for the Dienstenwaaier service provider in the event of an industrial accident at the customer's premises. The customer is obliged to comply with all legal safety provisions.

 

In the event of late payment on the part of the client, Dienstenwaaier always has the right to stop all services immediately.

 

Delivery and delivery period

The delivery and delivery period of the order is determined by mutual agreement, taking into account the size and complexity of the orders with the usual tolerance inherent in the field of service provision.

 

If no delivery deadline is agreed, Dienstenwaaier will carry out the order within a reasonable period. If the customer requests changes or gives additional orders which are accepted by Dienstenwaaier, the delivery period will be extended by the time reasonably necessary to carry out these changes and/or additional orders.

 

Any delay in delivery, cannot give rise to compensation or dissolution of the contract.

 

In case of bankruptcy, apparent insolvency or force majeure, we reserve the right to terminate the agreement unilaterally and without the need for prior notice of default.

 

In case of force majeure, illness, accident, or death of the service provider, we are not obliged to meet the deadline, without compensation. However, we will do our utmost to meet the commitment included in the offer, or in this case propose an alternative solution to the customer.

 

Cancellation

Cancellation of the order is only possible if it is requested in writing by the client, at the latest within 2 working days of the order and at the latest 24 hours before the service and provided that it is confirmed by us in writing. In case of cancellation, the customer shall owe a flat-rate compensation of 10% of the total value of the order, without prejudice to proof of higher damages by the seller.

 

Prices and payment

Unless otherwise specified, all prices quoted are exclusive of VAT.

From the time that Dienstenwaaier's quotation is approved by the client, a binding contract is created and the client has an obligation to pay. If, during the performance of the contract, Dienstenwaaier evaluates and finds that the work carried out will exceed 10% of what was agreed, Dienstenwaaier and the customer will mutually agree on an additional fee.

 

Invoices from Dienstenwaaier must always be paid within 14 days of the invoice date, unless the invoice states a different due date.

 

 

For professional customers (with VAT number):

From the moment the client exceeds the term of payment, he owes, by law and without notice, an interest equal to 12% per year and a compensation of 10%, with a minimum of EUR 40. Any other outstanding invoices shall then become immediately due and payable, regardless of whether or not they are due.

 

For private individuals (without VAT number):

In the absence of full payment by the customer within 14 calendar days (+ three working days if not by electronic means) after sending the first payment reminder, damages of:

- €20 if the amount due is less than or equal to €150;

- €30 plus 10% of the amount due above €150;

- €65 plus 5% of the amount due above €500, with a total limit of €2,000.

In the absence of full payment by the customer within 14 calendar days (+ three working days if not by electronic means) of the sending of the first payment reminder, the customer shall automatically and without formal notice owe interest at the legal rate for late payment in commercial transactions, see Article 5(2) of the Law of 2 August 2002 on combating late payment in commercial transactions. This interest is calculated on the sum still to be paid.

 

Remarks and complaints

Should the client consider that the invoiced amount is not correct or justified, he must communicate his comments to Dienstenwaaier within 10 days of receiving the invoice. After this period, the claim is considered final and the amount is due in an unquestionable manner.

Protest of any kind by the client does not suspend the client's obligations (including payment obligations).

The client agrees to receive electronic invoices, via email. Upon simple request by the customer, the customer may opt for paper invoices. No additional costs will be charged for this.

 

Subscriptions

Subscriptions are renewed automatically, unless the subscription is cancelled in time in writing, being at least one (1) month before the expiry of the term.

 

Changes

Dienstenwaaier reserves the right to amend or supplement the General Terms and Conditions. Amendments also apply in respect of agreements already concluded subject to a period of 30 days after written notification of the amendments.

If the customer does not agree to the amended general terms and conditions, he is entitled to dissolve the agreement with effect from the date of amendment of the general terms and conditions.

Changes to the prices are announced by Dienstenwaaier to the client at least 30 days in advance, after which the client has the right to terminate the agreement from the moment the changed prices take effect. If the agreement has a term of more than twelve (12) months, Dienstenwaaier has the right to index performance-based rates.

 

Recruitment

During the term of the agreement and for 1 year after the termination of the agreement with the customer, the customer is not allowed to recruit appointees, employees or staff members of Dienstenwaaier except with the express consent of Dienstenwaaier. Failure to comply with this provision will result in compensation of 1 year's gross salary of the appointee, employee or staff member concerned.

 

Law

All our agreements are governed by Belgian law. Any disputes will be brought exclusively before the courts of the district of our registered office.