Terms & conditions
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Voor de Nederlands geschreven versie van de algemene voorwaarden, klik hier.
Article 1: Definitions and general provisions
The customer is a natural person or legal entity who concludes an agreement with GROW BV for the supply of services and/or goods.
GROW BV, Sint-Servaasstraat 76, 3500 Hasselt with KBO 0760.445.752, hereinafter referred to as “GROW BV”.
The tacit acceptance of the order form, quotation and/or invoice shall also be considered as acceptance of the general terms and conditions of sale and delivery by the customer. The customer is assumed to know these terms and conditions and to accept them explicitly, in solidarity and without reservation.
The general and additional terms and conditions may be amended by GROW BV at any time.
In the event of any conflict between oral statements made by GROW BV and written statements made by GROW BV only the written statements of GROW BV shall serve as reference.
Article 2: Offers and tenders – order confirmation
All offers are without obligation and valid for 30 days, unless explicitly agreed otherwise.
Each order by the customer or order confirmation binds the customer to the agreement. This is established and binding at the time the customer receives a confirmation, either in writing or by e-mail.
Article 3: Order – advance payment
Any person or company placing an order for the account of a third party, or to be invoiced to a third party, warrants to this third party, in accordance with Article 1120 of the Civil Code, and will be responsible for payment. Every order implies the acceptance of the present general conditions.
GROW BV may request an advance payment for services and/or materials.
Article 4: Use of services and goods
The Customer must comply with the requirements that (may) be set for a reasonable use of the service and additional services.
In case of improper use, GROW BV cannot be held liable for any compensation. The responsibility for this lies with the Client who hereby indemnifies GROW BV.
The customer is responsible for having properly functioning, required equipment and software applications. GROW BV shall not be responsible or liable for any failure to function or malfunction as a result of defects in the Client’s equipment or software. Also, GROW BV is not responsible nor liable for loss or damage of content stored in the memory of the equipment or on other carriers on which the customer stores the content.
GROW BV may impose restrictions when performing the service.
Article 5: Rates
The Client shall pay the fees in accordance with the previously agreed tariff, for which the website shall serve as a reference.
GROW BV may change its rates at any time. Changes will be announced by GROW BV in advance and published on the website in a timely manner.
Any taxes, import duties or levies that are our responsibility, introduced or increased before or during the execution of the order, may be passed on by us to our customer.
Article 6: Payment
The customer is obliged to pay in cash or on the indicated due date via the payment options offered by GROW BV or to the indicated bank account.
The expiry of the payment term shall put the buyer/customer in default by operation of law and default interest and damages shall be payable. When a second reminder is sent, an administrative cost of € 10 may be charged and € 15 in the case of a registered reminder.
In the event of non-payment by the due date, a conventional interest of 10% per year and increased by an irrevocable fixed penalty of 15% with a minimum of €100 shall be payable on the amount of the invoice by operation of law without any notice of default, without prejudice to the Law of 2.08.02 on combating late payment.
The non-payment on the due date of a single invoice shall make the balance due of all other invoices, even those not due, immediately due and payable by operation of law.
Article 7: Termination of service
Subject to other arrangements, GROW BV may, without notice, terminate at any time the Service offered to the Customer.
Article 8: Term of delivery
These are to be mutually agreed upon and are intended only as an indication and are in no way binding. The purchaser may not claim any right to compensation, nor demand the termination or dissolution of the agreement, if the deadlines are not respected.
Article 9: Warranty on goods
Goods supplied by GROW BV to private individuals are covered by a statutory 2-year warranty. The warranty period runs from the invoice date. No warranty can be provided for software problems or services under any circumstances.
Article 10: Handling of personal data
The personal data collected by GROW BV will be used exclusively for the following purposes :
– evaluating the request for a service
– Concluding and executing the agreement
– Actively approaching own clients with offers of products and services
– Fulfilment of legal obligations
Personal data will be processed by GROW BV in accordance with the law and in a proper and careful manner.
GROW BV will take appropriate technical and organizational measures to secure personal data against loss and against any form of unlawful processing.
Article 11: Ownership and risk
GROW BV will retain ownership of all purchased material until such time as payment has been made in full, including interest and costs.
Any material not purchased by the customer, but rented, made available, licensed and/or given in consignment to the customer will always remain the full property of GROW BV.
From delivery onwards, all risks shall be borne solely by the customer.
Article 12: Right of retention
GROW BV has a legal right of retention as creditor (retentor) not to deliver to the debtor any goods it has in its possession as long as its performance, effort, repair or pieces have not been paid for.
The lienholder has a right of priority over all creditors and third parties to whom the lien is enforceable. He may, moreover, proceed to sell the property, claiming the proceeds of the sale in full as a priority including all costs of preserving or restoring the retained property, even before all pledgees.
The right of lien ends when the creditor voluntarily relinquishes actual control over the property.
Article 13: Industrial Property Rights
The studies, designs, drawings, licenses and models submitted to the purchaser remain the exclusive property of GROW BV. The customer may therefore only use them for its own purposes and will refrain from passing them on to third parties in any form whatsoever.
Article 14: Client liability
The Client shall be liable for any and all damage suffered by GROW BV as a result of an act or omission in violation of the provisions of the agreement.
The Client shall indemnify GROW BV against third party claims for compensation of damage that these third parties could in any way recover from GROW BV, insofar as such claim is justified.
The Customer is also liable for any software on its equipment and/or PC that was not legally used, purchased or charged.
Article 15: Liability
GROW BV will not be liable for any direct, indirect or consequential damage caused by the non-functioning or malfunctioning of the network or by shortcomings in the execution of the Service and additional services, except in the cases below.
If the Client suffers damage as a result of the non-functioning of the Network or due to shortcomings in the execution of the Service and additional services, GROW BV will only be liable for direct damage that is the result of GROW BV not providing or providing incorrect, negligent management or processing of data relating to Clients or errors in administrative transactions related to such data up to a maximum of the invoice amount.
GROW BV shall not be liable for any direct or indirect damage to the property of the customer, to third parties or to property of third parties that occurs during the execution of the agreement. The Client shall indemnify GROW BV against any third party claims for such damage.
The Client shall notify GROW BV in writing of the damage as soon as possible but no later than within 2 weeks after the discovery of the damage. Damages that have not been brought to the attention of GROW BV within this period will not be compensated. This term does not apply to a consumer (a natural person not acting in the course of a profession or business) if the consumer can plausibly demonstrate that a timely written response could not reasonably be expected of them.
From the moment of delivery all dangers and risks of the ordered goods shall be borne solely by the buyer/customer, regardless of the moment of transfer of ownership. GROW BV is not responsible for the software installed on the computers. Only software that is the property of the purchaser will be installed. GROW BV cannot be held responsible for damage of any kind, including immaterial damage, that is the direct or indirect consequence of the use of software or hardware, electronic means of communication such as the internet, intranet or other similar systems, even if supplied by GROW BV.
Article 16: Disputes
Complaints relating to the delivery of goods and services or the execution of work must be made upon delivery and confirmed by justified and motivated registered letter, within eight days after the delivery or execution date. These complaints do not suspend the obligation to pay.
All remarks and restrictions relating to the invoice and/or the general conditions mentioned therein must be made to us by reasoned registered letter within eight days of the invoice date.
Article 17: Force majeure
Without prejudice to its other rights, GROW BV will in case of force majeure be entitled to suspend the execution of your order or terminate the service without being liable for any compensation.
Force majeure is understood to mean any failure that cannot be attributed to GROW BV because it cannot be blamed for it and cannot be held accountable by virtue of the law, legal acts or generally accepted practice.
Article 18: Applicable law & competent court
Any dispute shall be subject to Belgian law and the courts of GROW BV’s registered office which shall have exclusive jurisdiction, unless one party as first claimant requests the Institute of Arbitration (www.euro-arbitration.org) to designate the Arbitral Tribunal, which shall settle any dispute in accordance with the Standard Dispute Rules. This provision supersedes all jurisdictional clauses inconsistent herewith.
Article 19: Miscellaneous
Any nullity or invalidity of any of these terms shall not invalidate or impair any of the other terms or the agreement itself.
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