Terms and conditions

Terms and conditions of Cyclocross Gullegem vzw

Definitions

1. Cyclocross Gullegem: Cyclocross Gullegem vzw, Rozenstraat 37, 8560 Wevelgem, Belgium. BE0672.799.423
2. Customer: the party with whom Cyclocross Gullegem has entered into an agreement.
3. Parties: Cyclocross Gullegem and the customer together.
4. Consumer: a customer who is also an individual acting in a private capacity.

Applicability of the terms and conditions

1. These terms apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Cyclocross Gullegem.
2. The parties may only deviate from these terms if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of any supplementary and/or deviating terms and conditions of the customer or of third parties.

Prices

1. All prices charged by Cyclocross Gullegem are in euros and include VAT and any other costs such as administration fees, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
2. Cyclocross Gullegem may change at any time all prices it charges for its products or services, whether on its website or made known in any other way.
3. If the parties have agreed a total amount for a service provided by Cyclocross Gullegem, this is always an indicative price, unless the parties have expressly agreed in writing on a fixed price from which no deviation is possible.
4. Cyclocross Gullegem is entitled to deviate from the indicative price by up to 10%.
5. If the final price is more than 10% higher than the indicative price, Cyclocross Gullegem must inform the customer in good time why a higher price is justified.
6. If the final price is more than 10% higher than the indicative price, the customer has the right to cancel the part of the assignment that exceeds the indicative price plus 10%.

Consequences of late payment

1. If payment is not made by the due date, the amount of each invoice issued by Cyclocross Gullegem will be increased automatically and without prior notice of default by a conventional, fixed and irreducible compensation of 20% and interest of 1% per month or part of a month in arrears.
2. If the customer is in default, they also owe Cyclocross Gullegem extrajudicial collection costs and any damages.
3. If the customer does not pay on time, Cyclocross Gullegem may suspend its obligations until the customer has met its payment obligation.
4. In the event of liquidation, bankruptcy, attachment or judicial reorganisation on the part of the customer, Cyclocross Gullegem’s claims against the customer become immediately due and payable.
5. If the customer refuses to cooperate in the performance of the agreement by Cyclocross Gullegem, they are still obliged to pay Cyclocross Gullegem the agreed price.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Set-off

Unless the customer is a consumer, the customer waives the right to set off a debt to Cyclocross Gullegem against a claim on Cyclocross Gullegem.

Insurance

1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:
   • delivered items that are necessary for the performance of the underlying agreement
   • items belonging to Cyclocross Gullegem that are on the customer’s premises
   • items delivered subject to retention of title
2. At Cyclocross Gullegem’s first request, the customer will provide the policies of these insurances for inspection.

Guarantee

Where the parties have entered into an agreement for the provision of services, it contains only best-efforts obligations for Cyclocross Gullegem, not obligations of result.

Performance of the agreement

1. Cyclocross Gullegem performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Cyclocross Gullegem has the right to have the agreed services performed (partly) by third parties.
3. The agreement is performed in mutual consultation and after written approval and payment of any agreed deposit by the customer.
4. It is the customer’s responsibility to ensure that Cyclocross Gullegem can start performing the agreement in good time.
5. If the customer has not ensured that Cyclocross Gullegem can start performing the agreement in good time, any resulting additional costs and/or hours will be borne by the customer.

Information provided by the customer

1. The customer makes available to Cyclocross Gullegem, in good time and in the desired form and manner, all information, data and documents relevant to the correct performance of the agreement.
2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
3. If and insofar as the customer so requests, Cyclocross Gullegem will return the documents concerned.
4. If the customer fails to provide the information, data or documents reasonably requested by Cyclocross Gullegem, or fails to do so on time or properly, and the performance of the agreement is delayed as a result, the resulting additional costs and hours will be borne by the customer.

Indemnification

The customer indemnifies Cyclocross Gullegem against all third-party claims relating to the products and/or services supplied by Cyclocross Gullegem.

Complaints

1. The customer must examine any product delivered or service provided by Cyclocross Gullegem for defects as soon as possible.
2. If a product delivered or service provided does not meet what the customer could reasonably expect under the agreement, the customer must notify Cyclocross Gullegem as soon as possible, and in any case within 14 calendar days of delivery.
3. Consumers must notify Cyclocross Gullegem no later than 14 calendar days after delivery.
4. The customer provides as detailed a description of the defect as possible, so that Cyclocross Gullegem can respond appropriately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in no case oblige Cyclocross Gullegem to carry out work other than that agreed.

Notice of default

1. The customer must give Cyclocross Gullegem any notice of default in writing.
2. It is the customer’s responsibility to ensure that a notice of default actually reaches Cyclocross Gullegem (in good time).

Joint and several liability of the customer

If Cyclocross Gullegem enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Cyclocross Gullegem under that agreement.

Liability of Cyclocross Gullegem

1. Cyclocross Gullegem is only liable for damage suffered by the customer if and insofar as that damage was caused intentionally or through deliberate recklessness.
2. If Cyclocross Gullegem is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Cyclocross Gullegem is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
4. If Cyclocross Gullegem is liable, this liability is limited to the amount paid out under a (professional) liability insurance policy taken out and, if an insurer does not pay out (in full), liability is limited to (the part of) the invoice amount to which the liability relates.
5. All images, photos, colours, drawings and descriptions on the website or in a catalogue are for guidance only, are approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Limitation period

Any right of the customer to compensation from Cyclocross Gullegem expires in any case 12 months after the event from which the liability directly or indirectly arises.

Right to terminate

1. The customer has the right to terminate the agreement if Cyclocross Gullegem attributably fails to fulfil its obligations, unless this failure, given its particular nature or minor significance, does not justify termination.
2. If performance of the obligations by Cyclocross Gullegem is not permanently or temporarily impossible, termination can only take place after Cyclocross Gullegem is in default.
3. Cyclocross Gullegem has the right to terminate the agreement with the customer if the customer does not fulfil its obligations under the agreement in full or on time, or if Cyclocross Gullegem has become aware of circumstances that give it good reason to fear that the customer will not be able to fulfil its obligations properly.

Force majeure

1. The parties agree that a failure by Cyclocross Gullegem to fulfil any obligation towards the customer cannot be attributed to Cyclocross Gullegem in a situation beyond Cyclocross Gullegem’s control that prevents the fulfilment of its obligations towards the customer in whole or in part, or as a result of which Cyclocross Gullegem cannot reasonably be expected to fulfil its obligations.
2. The force majeure situations referred to in paragraph 1 also include – but are not limited to – states of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, couriers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation prevents Cyclocross Gullegem from fulfilling one or more obligations towards the customer, payments already made can in no case be reclaimed from Cyclocross Gullegem.
4. In a force majeure situation, Cyclocross Gullegem owes no compensation (or damages) of any kind, even if it derives some benefit from the force majeure situation.

Amendment of the agreement

If, after the agreement has been concluded, it proves necessary to amend or supplement its content for its performance, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Amendment of the terms and conditions

1. Cyclocross Gullegem is entitled to amend or supplement these terms and conditions.
2. Minor changes can be made at any time.
3. Cyclocross Gullegem will discuss major changes in content with the customer in advance as far as possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the terms and conditions.

Transfer of rights

1. The customer’s rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Cyclocross Gullegem.

Consequences of nullity or voidability

1. If one or more provisions of these terms and conditions prove to be null and void or voidable, this does not affect the other provisions of these terms.
2. In that case, a provision that is null and void or voidable is replaced by a provision that comes closest to what Cyclocross Gullegem had in mind on that point when drawing up the terms.

Applicable law and competent court

1. Every agreement between the parties is governed exclusively by Belgian law.
2. The Belgian court in the district where Cyclocross Gullegem is established has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.

Drawn up on 15 October 2022.