These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Birdwing with registered office at Woluwedal 34, 1200 Brussels and registered in the KBO under number 0769.565.237. (Hereinafter: “Birdwing”).
Article 1 – Scope
These General Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to products and/or services offered by us.These General Terms and Conditions apply to the exclusion of the Customer’s general terms and conditions.
Article 2 – Quotations
Our quotations are purely indicative and without obligation and will expire if they are not accepted by the Customer within 30 calendar days. Quotations only become legally valid as an agreement once the quotation has been signed by the Customer and by us. We also reserve the right to refuse certain orders without giving reasons.
Article 3 – Price and payment
The price for our goods/services is that stated in the quotation.All our invoices are payable within 14 days of receipt, unless the quotation specifies a different due date. If we request an advance payment, we will only commence our activities after receipt of the advance payment.For any delay in payment, the Customer owes default interest of 1% per month started from the due date of the invoice, by operation of law and without prior notice of default, whereby each month started counts as a full month and this without prejudice to any damages and costs. A lump sum compensation of 10% of the invoice amount with a minimum of 250 euros as damages is also due by operation of law and without prior notice of default, without prior notice of default and in addition to the principal sum, late payment interest, collection, reminder, prosecution costs and expenses. as a result of loss of time and judicial or legal costs. This compensation clause does not affect the obligation to pay the agreed late payment interest.Disputes must be communicated to us by registered letter within five working days after the invoice has been sent, under penalty of inadmissibility.
Article 4 – Duration of the agreement and termination
Our agreements can be entered into as described in our quotations. The agreement can be terminated by us at any time unilaterally and without judicial intervention if the Customer is in a state of bankruptcy or judicial settlement or if the customer does not pay his invoices.
Article 5 – Intellectual property rights
Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong either to us or to our suppliers or other rights holders.Intellectual property rights include patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.It is prohibited to use and/or make changes to the intellectual property rights described in this article. For example, the customer may not copy or reproduce our drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission.The website was built by Super Steph . For more information about the intellectual property rights of this website, please contact Super Steph.
Article 6 – Confidentiality and Privacy
Article 7 – Liability
We are not liable except in the case of intent or gross error. Furthermore, we are not liable for any direct or indirect damage (such as consequential damage, lost profits, lost savings or damage due to business stagnation) for which we have not expressly determined our liability in these conditions. Our liability will in all cases be limited to the amount of the price agreed for that order (excl. VAT).We make every effort to provide access to the website 24 hours a day, 7 days a week. Taking into account the technical characteristics of the Internet and IT resources and the need to carry out periodic maintenance, update or upgrade work However, we cannot guarantee uninterrupted access and service. In the event of a normally acceptable interruption or disruption of access or service, we will make every effort to resolve this as quickly as possible. Such normally acceptable interruptions or disruptions are inherent to the provision of services via the Internet and cannot be regarded as shortcomings.
Article 8 – Force majeure
In the event of force majeure, we are not obliged to fulfill its obligations. In that case, we can either suspend our obligations for the duration of the force majeure or definitively terminate the agreement.Force majeure is any circumstance beyond our will and control that prevents the fulfillment of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability at any time of the website, non-delivery or late delivery from suppliers or other engaged third parties, etc.
Article 9 – Nullity and completeness
These General Terms and Conditions constitute the entire agreement between the customer and us with regard to the subject matter contained therein.If one or more provisions of these General Terms and Conditions are at any time wholly or partially unlawful, void or for any other reason unenforceable, then this clause will be deemed severable from these General Terms and Conditions and will not affect the validity and affect the enforceability of the remaining provisions.
Article 10 – Jurisdiction and applicable law
Belgian law applies to all disputes relating to or arising from our offers and/or agreements. In the event of disputes or disputes, only the courts of the judicial district of our registered office have jurisdiction.