Terms and conditions
1. Scope
1.1. These terms and conditions (“Terms and Conditions”) apply to all sales agreements between BV DEWIT EVENTS, with its registered office at 3090 OVERIJSE, Brusselsesteenweg 18, registered in the Crossroads Bank for Enterprises under number KBO 0737.734.785 (VAT BE 0737.734.785) (“DEWIT EVENTS”) and the buyer (“Buyer”), including but not limited to bouncy castles (“Products”).
1.2. These Terms and Conditions take precedence over any conditions of the Buyer that conflict with or deviate from these Terms and Conditions, unless their validity has been expressly accepted in writing by DEWIT EVENTS.
1.3. DEWIT EVENTS reserves the right to supplement or amend these Terms and Conditions at any time. DEWIT EVENTS undertakes to bring such changes to the attention of the Buyer by all appropriate means.
2. Formation of the agreement
2.1. A quotation from DEWIT EVENTS to the Buyer remains valid for a period of 7 calendar days from the date stated on the quotation, unless a different period of validity is stated on the quotation.
2.2. The sales agreement is formed once the Buyer has accepted the quotation/order form drawn up by DEWIT EVENTS (“Agreement”). This acceptance may be evidenced by signature or by any other written confirmation from the Buyer. The same applies to any additions and amendments.
By signing the quotation for approval, or by confirming the Agreement by e-mail or by any other statement from the Buyer that accepts the quotation or offer of DEWIT EVENTS without reservation, the Buyer commits definitively. At that moment a definitive Agreement is formed between DEWIT EVENTS and the Buyer.
2.3. DEWIT EVENTS is under no circumstances bound by an oral agreement.
2.4. A Buyer who confirms the Agreement in writing thereby also automatically indicates that he has been informed of the Terms and Conditions of DEWIT EVENTS and that he has read and expressly accepted them.
3. Catalogues, brochures and other marketing tools
3.1. All descriptions, designs, illustrations, dimensions and other information in the catalogue, brochures or other marketing tools are for information only and are not binding, so that the Buyer cannot derive any rights from them. Such information can never be regarded as binding or as a binding price. The information is binding only insofar as an Agreement is formed between DEWIT EVENTS and the Buyer.
3.2. The colours shown in the catalogue, brochures or other marketing tools are merely indicative of the colours of the final product. It is understood that some colour differences between a photo of the Product and the Product finally delivered are to be expected. DEWIT EVENTS undertakes to do what is necessary, as far as possible, so that the actual colours come close to the photo, without any guarantee to that effect and without being held liable for it.
3.3. Minor and/or unavoidable deviations in the Product never constitute grounds for a warranty claim or complaint.
4. Transfer of risk
4.1. In the case of a sale with immediate delivery, the risk of loss passes at the moment the Agreement is confirmed.
4.2. In the case of a distance sale or a sale with a delivery period, the Products are shipped at the Buyer's expense.
4.3. In the case of a distance sale, the risk of loss passes to the consumer:
- upon delivery of the goods to the carrier, where that carrier was not offered by the business, without prejudice to the consumer's rights against that carrier;
- when the consumer, or a third party designated by the consumer who is not the carrier, takes physical possession of the goods.
4.4. In the case of a distance sale, the consumer Buyer has the right to cancel the purchase within 14 days.
5. Retention of title
5.1. As long as the Buyer has not paid the total price of the ordered Products in accordance with the Agreement, they remain the full property of DEWIT EVENTS, even if in the meantime these Products have been incorporated into something else or modified. As soon as the Buyer fails to meet its payment obligations, DEWIT EVENTS is entitled to exercise its retention of title. Bankruptcy, the opening of judicial reorganisation proceedings or any other form of insolvency does not affect the right of DEWIT EVENTS to terminate the current agreement in accordance with the statutory provisions and to demand the immediate return of its Products.
5.2. Ownership of the Products passes to the Buyer only once the Buyer has paid the full price to DEWIT EVENTS.
6. Prices
6.1. Unless otherwise provided in writing in the Agreement, all prices are net.
6.2. All prices are exclusive of VAT. The applicable VAT rate is the rate in force on the invoice date and is stated separately on the invoice. The VAT is payable by the Buyer to DEWIT EVENTS in accordance with the invoice terms.
6.3. All prices include shipping costs within the Benelux (Belgium, the Netherlands and Luxembourg). For delivery outside the Benelux an additional shipping cost is payable, which is stated on the invoice by DEWIT EVENTS.
7. Invoices and objections
7.1. Any objection to invoices must be addressed in writing and by registered letter to the registered office of DEWIT EVENTS within eight days of the invoice date. In its objection the Buyer must always state the date and number of the invoice, the specific reasons for the objection and the (part of the) invoice amount that is disputed.
7.2. The absence of an objection to an invoice creates the irrebuttable presumption that the Buyer agrees with all provisions of the invoice, including the applicable Terms and Conditions.
8. Payment terms and default
8.1. DEWIT EVENTS will deliver the Products only after full payment of the invoice amount as stated on the relevant invoice, unless otherwise agreed in writing. Each invoice must be paid within 15 days.
8.2. For Products that are custom-made at the Buyer's request (e.g. an extra slide, obstacles, colour and the like), the Buyer owes DEWIT EVENTS an advance payment of 50% of the price. Only after receipt of this advance payment will DEWIT EVENTS proceed with manufacturing or customising. Article 8.1. continues to apply in full.
8.3. Business Buyer: In the absence of payment, the Buyer owes by operation of law, and without prior notice of default being required, default interest of 12% per year and fixed compensation of 10% of the amount due.
Consumer Buyer: In the absence of payment on the due date of an amount owed by one of the parties to this cooperation agreement, after a notice of default in the form of a first reminder has been sent and after the period stated therein of at least fourteen (14) calendar days has expired, the following will be due: default interest from the calendar day following the day on which the reminder is sent, at the reference interest rate increased by eight (8) percentage points as referred to in article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions;
- fixed compensation equal to:
· €20 if the outstanding balance is less than or equal to €150;
· €30 plus 10% of the amount due on the portion between €150.01 and €500 if the outstanding balance is between €150.01 and €500;
· €65 plus 5% of the amount due on the portion above €500, with a maximum of €2000, if the outstanding balance is higher than €500.
The period of fourteen (14) calendar days starts on the third working day after the reminder is sent to the Buyer. Where the reminder is sent electronically, the period of fourteen (14) calendar days starts on the calendar day following the day on which the reminder was sent to the other party.
8.4. DEWIT EVENTS furthermore has the right, after a written reminder, to suspend the performance of its obligations arising from the Agreement if the Buyer fails to meet its payment obligations, without this giving the Buyer grounds to claim compensation.
9. Termination of the Agreement
9.1. DEWIT EVENTS reserves the right to terminate the Agreement unilaterally after a notice of default stating the specific reasons, without prejudice to its other rights and without the Buyer being able to claim any compensation for this:
a) if the Buyer fails to pay the price by the due date stated on the invoice;
b) if the Buyer fails to fulfil its obligations, even those imposed on it under another agreement;
c) if the Buyer's creditworthiness is compromised, as in the following non-exhaustive cases: bankruptcy, judicial reorganisation or any other similar legal arrangement.
10. Condition of the goods
10.1. The Products sold are new and are delivered to the Buyer as such.
10.2. DEWIT EVENTS offers only the statutory warranties, insofar as the Products are installed and used in accordance with its instructions.
10.3. All claims by the Buyer must be made in writing by completing the complaint form and are at the Buyer's expense. The complaint form can be sent on request; it must be addressed by e-mail to info@dewit-events.be or to the registered office stated in article 1 of the Terms and Conditions.
11. Liability – warranty
11.1. After the Buyer has received the Products, DEWIT EVENTS is in no case liable for visible defects.
11.2. The Buyer is obliged to inspect the delivered Product in all respects for any defects upon receipt and at the latest within 24 hours of delivery.
11.3. Any complaint about hidden defects must be notified to DEWIT EVENTS in writing by the business Buyer, by registered letter or by e-mail with acknowledgement of receipt, at the latest within 48 hours of receipt of the Products, with a clear description of the alleged complaint.
11.4. DEWIT EVENTS provides (without prejudice to the provisions of art. 11.5. to 11.7.) a warranty on materials and/or manufacturing defects of the Product for a period of two years after delivery of the Product to the consumer Buyer. For Products offered second-hand, a period of 1 year applies.
11.5. Any right to warranty lapses if the Buyer has used the product carelessly and a normal, careful and reasonable person placed in the same circumstances would not have used the product in this way, and/or if the Buyer has not used the product as indicated in the information that DEWIT EVENTS has provided to the Buyer, which expressly includes the information that can be consulted on the website.
11.6. Any right to warranty lapses if defects occur as a result of normal wear and tear, or as a result of the involvement of third parties engaged by the Buyer in the installation, maintenance or repair of the Product, or any other interference by third parties with the Product.
11.7. Warranties offered by the manufacturer(s) are not binding on DEWIT EVENTS and, where applicable, the Buyer must contact the manufacturer.
11.8. Any right to warranty of the Buyer lapses if, despite a notice of default, the Buyer has not fully met its payment obligation(s) towards DEWIT EVENTS.
11.9. If DEWIT EVENTS is obliged to honour a warranty claim of the Buyer, the consumer Buyer may choose between repair of the defect or a credit of (part of) the price, reasonably proportionate to the extent of the defect, all without prejudice to the other rights of DEWIT EVENTS.
11.10. By way of derogation from article 11.4., DEWIT EVENTS gives a 3-year extra warranty on manufacturing defects in the seams of new bouncy castles, assault courses and slides, provided the Buyer uses the products seasonally and in compliance with article 11.5. Excluded from this extra warranty are companies and institutions that use the products professionally, such as indoor play parks.
11.11. Under no circumstances can DEWIT EVENTS be liable for an amount higher than the purchase value of the Products.
11.12. DEWIT EVENTS is liable only for damage that the business Buyer may suffer as a result of fraud, wilful misconduct or deceit. DEWIT EVENTS is not liable towards the business Buyer for gross negligence and serious faults. DEWIT EVENTS is liable only for damage that the consumer Buyer may suffer as a result of fraud, gross negligence, wilful misconduct or deceit. DEWIT EVENTS is not liable towards the business Buyer for minor faults.
11.13. Any liability for damage other than that covered in article 11 is expressly excluded.
11.14. DEWIT EVENTS is not liable towards the Buyer for any failure in the performance of the Agreement or for any negligence in the performance of the Agreement, if the failure or negligence is caused by force majeure in the broadest sense. By way of non-exhaustive examples, force majeure includes the non-delivery or late delivery of goods or accessories as a result of natural disasters, fire, flooding, acts of war, strikes, labour disputes, the nullity of an agreement with a third party relating to those same goods, and the like.
12. Data protection
12.1. DEWIT EVENTS complies with the regulations on the protection and processing of personal data, as found, among others, in the General Data Protection Regulation of 27 April 2016 (GDPR).
12.2. Insofar as personal data are received by or provided to DEWIT EVENTS in the context of an agreement with the Buyer, DEWIT EVENTS declares that any processing will take place fully in accordance with the applicable regulations. Insofar as personal data would be processed on behalf of the Buyer, DEWIT EVENTS is regarded as a processor of personal data. In such a case the Buyer undertakes to sign the data processing agreement made available by DEWIT EVENTS.
12.3. More information about the privacy policy of DEWIT EVENTS can be found on the website via the following link: https://www.dewit-events.be/nl/privacy-policy/6
12.4. For its part, the Buyer likewise declares and guarantees towards DEWIT EVENTS that it will comply with all applicable provisions regarding the processing and protection of personal data.
13. Governing law and jurisdiction - invalidity or nullity - notices
13.1. Belgian law applies to the Agreement, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2. Only the courts of the judicial district of BRUSSELS have jurisdiction to rule on disputes arising from this Agreement.
13.3. All notices to DEWIT EVENTS must be sent by registered letter to the registered office. Unless expressly agreed otherwise, all notices to the Buyer are sent to the address stated in the Agreement. DEWIT EVENTS and the Buyer undertake to inform the other party by registered letter of any change of address as soon as possible.
13.4. The possible nullity of one or more clauses in these Terms and Conditions does not affect the validity of the remaining clauses. In such a case, the provisions that most closely match the intended purpose of the null clause(s) will apply in their place.