General Terms and conditions of sale of booster budo & fitness bv 

These general terms and conditions form a substantial element of every offer, quotation and agreement with BOOSTER BUDO & FITNESS BV (hereinafter abbreviated as BOOSTER).

Unless otherwise agreed in writing, every offer, quotation and agreement is governed by the provisions of these General Terms and Conditions that have been accepted or not expressly disputed by the Customer prior to placing an order and/or the conclusion of the agreement.

The application of the customer's general terms and conditions is expressly excluded. The Customer acknowledges that prior to concluding the contract, he has taken note of these General Terms and Conditions in a clear and comprehensible manner and, as a consumer, of all information listed in Article VI.2 of the Code of Economic Law.

Any provision that would conflict with mandatory provisions of Belgian law will be considered null and void without this leading to the nullity of the other clauses of these general terms and conditions.

If there is any uncertainty about the interpretation of one or more provisions of these conditions, the provision must always be interpreted in accordance with the spirit of the provision.


1 - offers and quotations:

All offers and quotations from BOOSTER are without obligation. Unless otherwise stated in the quotation, they are valid for 30 calendar days and must be accepted and signed by the Customer in order to establish a contract. Any written reservations or written changes made unilaterally by the Customer with regard to the quotation are not binding, unless accepted in writing by BOOSTER. Any order received from the Customer by e-mail can only be considered accepted by BOOSTER by sending the corresponding sales invoice to the Customer by BOOSTER. No tacit agreement is binding on BOOSTER. For the sale of products, and in the absence of a prior written order, the delivery or collection note is deemed to be equivalent to an order form and constitutes the sales contract between BOOSTER and the Customer. Prices are exclusive of VAT. In the event that VAT is stated, the VAT amount is for information purposes only. Any changes regarding government levies will always be passed on in full to the Customer by BOOSTER. The stated prices are always exclusive of shipping and administration costs, unless otherwise stated. An offer or quotation will lapse if the product to which the order relates is no longer available in the meantime. An offer and/or quotation containing multiple products can only be accepted by the customer in part with the approval of BOOSTER. In the event that an offer/quotation contains an obvious mistake or error in its entirety or a part thereof and the Customer can reasonably determine this, BOOSTER is not bound by it. The Customer cannot derive any rights from previous offers, quotations and/or any agreement. In the event that the agreement is concluded remotely or outside our sales premises with a consumer (B2C) as defined in the Code of Economic Law, the Customer has the right to revoke the agreement without giving reasons within 14 calendar days after the day of conclusion of the agreement by means of a registered letter or e-mail.


2 - sale and delivery of goods - executions of the agreement:

The Customer must provide any comments regarding the sold deliveries at the time of collection or delivery. Failing this, he is deemed to have accepted the purchased goods without reservation. The Customer remains solely responsible for the destination and use of these products. These products, even if shipped including shipping costs, travel at the expense and risk of the Customer who, in the event of delays, damage, depreciation, loss or shortage, has no recourse against BOOSTER.

If a term has been specified or agreed for the delivery of certain goods or the execution of certain works, compliance with it (unless express other written agreement between the parties) only entails an obligation of best efforts on the part of BOOSTER and not an obligation of result.

 

If a term has been agreed or specified for the completion of certain work or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give Booster notice of default in writing. Booster must be offered a reasonable period to still implement the agreement.

If the term is exceeded, the Customer must always give BOOSTER notice of default by registered letter and BOOSTER must always be given a reasonable period in which to still implement the agreement.

In the event that the delivery period includes an obligation to achieve results, the customer, if exceeded due to the exclusive fault of BOOSTER, has the option to terminate the agreement, but without BOOSTER owing any compensation of any kind to the Customer, other than the reimbursement of the costs incurred by amounts already paid by the Customer.

 

If BOOSTER needs to receive data from the Customer for the execution of the agreement, the execution period can only start after all necessary data has been made available to BOOSTER by the Customer.

The delivery of goods always takes place ex BOOSTER company. The Customer is obliged to purchase the goods from the moment they are made available to him. If the Customer refuses to accept delivery or fails to provide the necessary information for delivery, BOOSTER is entitled to store the goods at the expense and risk of the Customer.

If the Customer requests to ship the ordered goods, the shipping costs will be borne by the Customer. If the Customer prefers to have the goods delivered to him directly from production, delivery will only take place after full payment has been received. If the payment(s) are not made within the proposed payment term(s), BOOSTER is entitled to consider the agreement as dissolved.

Any advances paid will then, notwithstanding the provisions of Article 8, finally accrue to BOOSTER as compensation for damages.

 

The goods will always travel at the expense and risk of the Customer, who cannot exercise any recourse against BOOSTER in the event of damage, delays, depreciation, loss, theft or shortage.

For services/deliveries that give rise to the application of this provision, BOOSTER retains ownership of the goods sold until the price has actually been paid. This provision does not prevent the transfer to the Customer, upon delivery or collection, of the obligation of safekeeping and of the risks of loss, damage, depreciation or theft of the goods sold, as well as the responsibilities regarding the damage they may cause .

Booster has the right to have certain work carried out by third parties.

If the agreement is executed in phases, BOOSTER may suspend the execution of those parts that belong to a subsequent phase until the Customer has approved the results of the preceding phase in writing.


3 - payement of the price:

Unless stated otherwise, the invoice is payable in cash and without discount to the account number stated on the invoice. Any challenge to an invoice must be made within 8 calendar days of receipt by substantiated registered letter, failing which the invoice will be deemed to have been accepted.

The partial dispute of an invoice or a situation does not release the Customer from payment of the undisputed part.

In the event of non-payment of a claim on the due date, BOOSTER may suspend the execution of the work without notice of default and terminate the contract automatically and without compensation, after sending a notice of default that remains without consequences after a period of 8 working days , without prejudice to the application of Article 8 of the current general terms and conditions.

 

All claims become immediately due and payable by operation of law. The allocation takes place in accordance with art. 5.209 of the Civil Code. (B2B) Regardless of the damages that can be claimed, the Customer owes late payment interest by operation of law and without notice of default, calculated by applying the statutory interest rate as provided for in the law of 2 August 2002 on combating late payment in commercial transactions, calculated in proportion up to the number of days in arrears.

The amounts due that have not been paid by the Customer on the due date will be increased by operation of law and without notice of default by a fixed compensation of 10%.

(B2C) In the absence of full payment by a Consumer within 14 days (+ 3 working days if not electronically), after sending a first free payment reminder which remains without effect, compensation of € 20 is due, if the amount due is less than or equal to equals €150, €30 plus 10% of the amount due above €150; €65 plus 5% of the amount due above €500, up to a total limit of €2,000.

In addition, the Consumer will then automatically and without notice of default owe interest on the amount still to be paid, calculated in accordance with the legal interest rate in accordance with Article 5, § 2 of the law of 2/8/2002 on the fight against late payment in commercial transactions.


4 - returns:

All items can be returned within 14 days after receiving the order. All returned items must be in their original condition, unworn, unwashed, unused in any way and returned in the original packaging.

Worn items will not be accepted for return. Your refund will be processed once the items are received in their original condition at our warehouse, normally within 14 business days. Your refund will be credited back to the same payment method you used when placing your order.

Please note that shipping costs for any return shipment are non-refundable.

You must arrange for the return to our warehouse yourself.

Returns should be sent to:

Booster Budo & Fitness BV

Vlimmersebaan 136 unit 8

2275 Wechelderzande

Belgium


5 - reservation of title:

For services/deliveries that give rise to the application of this provision, our company retains ownership of the goods sold until actual payment of the price.

This provision does not prevent the transfer to the Customer, upon delivery or collection, of the obligation of safekeeping and of the risks of loss, damage, depreciation or theft of the goods sold, as well as the responsibilities regarding the damage they may cause.


6 - warranty:

The goods to be delivered by BOOSTER meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are normally intended. The warranty mentioned in this article applies to items intended for use within Belgium. When used outside Belgium, the Customer must verify whether the use is suitable for use there and meets the conditions set. In that case, BOOSTER may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out.

If the warranty provided by BOOSTER concerns an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise.

Any form of warranty will lapse if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Other Party and/or by third parties if, without written permission from BOOSTER, the Customer or third parties have made changes to the item. or have attempted to install, other items have been attached to it that should not be attached to it or if they have been processed or processed in a manner other than the prescribed manner. The Customer is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which BOOSTER has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.

 

The Customer is obliged to inspect the delivered goods immediately when the goods are made available to him or the relevant work has been carried out. The Customer must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any visible defects must be reported to BOOSTER in writing within seven days of delivery. Any invisible defects must be reported to BOOSTER in writing immediately, but in any case no later than fourteen days, after discovery thereof. The report must contain as detailed a description of the defect as possible, so that BOOSTER is able to respond adequately. The Customer must give BOOSTER the opportunity to investigate a complaint.

 

If the Customer complains in time, this does not SUSPEND his payment obligation. In that case, the Customer also remains obliged to purchase and pay for the items otherwise ordered. Agreed defects are covered by a credit invoice.

If a defect is reported later than 8 days after delivery, the Customer is no longer entitled to repair, replacement or compensation.

If the goods are delivered to the Customer, possible damage caused during transport or deviating deliveries must be stated on the shipping documents and/or on the CMR/waybill after receipt of the delivered goods. If this is not the case, damage cannot be recovered.

If it is established that an item is defective and a complaint has been made in this regard in a timely manner, BOOSTER will return the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Customer, at Booster's option. , replace or arrange for its repair or pay replacement compensation to the Customer for this.

In the event of replacement, the Customer is obliged to return the replaced item to BOOSTER and provide ownership thereof to BOOSTER, unless BOOSTER indicates otherwise.

If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by BOOSTER, will be fully borne by the Customer.

After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Customer.

Any legal claims must be filed no later than 6 months after the expiry of the aforementioned warranty period, under penalty of inadmissibility.


7 - case of change of circumstances:

A party may ask the other party to renegotiate the agreement or terminate the agreement in the event of a change of circumstances as provided for in the Civil Code. This changed circumstance must be reported in writing to the other party within 10 working days of becoming aware of it. The parties will commence negotiations within 10 working days after sending the written notification. The party requesting negotiations must inform the other party of the concrete consequences as soon as possible.


8 - force majeure case:

Neither party will be liable to the other for any delay or failure to perform due to events attributable to force majeure. The parties refer to the Civil Code with regard to force majeure and its consequences (including temporary force majeure). The event must be reported in writing to the other party within 10 working days of becoming aware of it.


9 - termination - sanctions:

If a party seriously fails to comply with any of its obligations, the other party has the right to terminate the order by operation of law at the expense of the defaulting party. If the latter does not respond within 10 working days to a notice of default informing it of the infringements and which is sent by registered letter. The defaulting party may assert its defenses by registered letter or by electronic letter, stating the exact date of dispatch in an equivalent manner, within 10 working days after the date of the notice of default. The defaulting party can make proposals to remedy its default. The decision to dissolve will be sent by registered letter, without prejudice to the compensation payable to the defaulting party. In the event of liquidation or bankruptcy of a party, the other party has the right to terminate the agreement by operation of law at the expense of the party in liquidation or bankruptcy. The decision to dissolve will be sent by registered letter, without prejudice to the compensation payable to the defaulting party. If the application of a reasonable fixed compensation clause in the event of a delay in execution or other non-compliance is agreed with the Customer, payment thereof is deemed to be discharged and any other sanction is excluded. The amount of these compensation clauses is capped at 2% of the amount of the contract or order, with the exception of the provisions of Article 2, penultimate paragraph.

 

The premature termination (Article 5.90 paragraph 2 of the Dutch Civil Code) does not apply to the current contract.

In the event that due to delays on the part of the Customer, BOOSTER can no longer be expected to fulfill the agreement under the original conditions, BOOSTER is entitled to terminate the agreement and the customer will owe compensation for our costs, work and lost profit set at a flat rate of 20% of the amount of the products ordered and/or services not delivered.

In the event of unilateral termination of the contract without reason (or partial cancellation of the order) by the Customer, compensation is due by the Customer for our costs, work and lost profits set at a flat rate of 20% of the amount of the ordered products and/or canceled services.

In the event that the Customer cancels a placed order in whole or in part, all costs associated with the cancellation will be borne by the customer. These costs will amount to at least 20% of the amount of the products ordered. If the products are made, developed or personalized at the Customer's special request, the full amount of the order will be payable by the Customer.


10 - liability:

If BOOSTER is liable, this liability is limited to what is regulated in this provision.

BOOSTER is not liable for damage of any nature whatsoever caused by BOOSTER relying on incorrect and/or incomplete information provided by or on behalf of the Customer.

In the event of sale, our liability is always limited to the replacement of defective products delivered or the refund of the price received (at BOOSTER's option), to the exclusion of any other damage.

If BOOSTER is liable for any damage, BOOSTER's liability is limited to the invoice value of the order, or at least to that part of the order to which the liability relates.

BOOSTER's liability is in any case always limited to the amount of the payment from its insurer, as the case may be.

BOOSTER is only liable for direct damage.

Direct damage exclusively means the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to BOOSTER's inadequate performance of the agreement to have this answered, insofar as these can be attributed to BOOSTER, and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

BOOSTER is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.


11 - processing of personal data:

BOOSTER, in its capacity as controller, is obliged to process certain personal data of the Customer to ensure contractual follow-up, accounting and communication with the Customer. Any request from Data Subjects to exercise their rights (access, correction, deletion and objection) must be addressed to info@booster.be.


12 - language of the agreement - applic able law - dispute resolution:

The agreement is governed by Belgian law. The application of the Vienna Sales Convention is expressly excluded. The language of the contract is Dutch. Any dispute relating to the contract falls under the exclusive jurisdiction of the courts of the judicial district of BOOSTER's registered office. If the Customer is a "consumer" within the meaning of the W.E.R., he can be summoned before the courts of his place of residence.