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Terms and conditions
General business conditions of Alien Mobility
General conditions of sale
GENERAL
- Subject to deviations expressly established in writing between ZAPPASS NV, trading under the name Alien Mobility (hereinafter ALIEN MOBILITY) and the customer, these general terms and conditions apply to all relationships, offers and deliveries between ALIEN MOBILITY and the customer. Placing an (online) order or paying an invoice by the customer constitutes proof that he accepts these conditions without reservation.
- The applicability of any general or special terms and conditions of the customer is expressly rejected by ALIEN MOBILITY. In the event that the purchase conditions of the customer conflict with these general terms and conditions of sale, only the latter conditions will apply.
- The general terms and conditions of sale are the basis for all other, additional agreements concluded between the customer and ALIEN MOBILITY.
OFFER, QUOTE, PRICES
- Offers and quotations from ALIEN MOBILITY are not binding. The prices in the said offers and quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement.
- The unconditional acceptance of the offer is binding on the customer.
- Prices are determined on the basis of the prices of raw materials, official rates, wages and social charges valid on the date of the offer and can be adjusted by ALIEN MOBILITY if the aforementioned parameters change.
DELIVERY AND PAYMENT TERMS
- The delivery times stated by ALIEN MOBILITY are purely indicative and not binding. Delays in no way justify the cancellation of the order, the breach of the agreement, a price reduction or any claim for compensation.
- When purchasing online, the products that are the subject of the sale are immediately paid for by credit card, debit card or any other method provided by the website. The customer is obliged, where appropriate, to provide his/her Visa or Mastercard number, together with the control number and the expiry date, after which the crediting of the amounts due will be effected immediately.
- With an online order, the customer will always first have to identify and register on the ALIEN MOBILITY website. The customer hereby gives explicit permission to process his personal data in accordance with the privacy statement of ALIEN MOBILITY. ALIEN MOBILITY undertakes to process the online order as quickly as possible and within 48 hours after receipt of payment for the online purchase, the customer will receive an email stating the delivery period and time of delivery. ALIEN MOBILITY reserves the right to change the time of delivery if circumstances beyond its control cause a delay in delivery.
- When providing services or delivering products offline, invoices are payable within 14 days of the invoice date to the bank account of ALIEN MOBILITY as stated on the invoice, unless cash payment has been agreed.
- If the invoice has not been paid on the due date, a contractual interest of 8% per annum will be due by operation of law and without any notice of default. The compensation for non-payment will be increased by a fixed compensation of 10% with a minimum of EUR25.
- Any acceptance of the offer by the customer, with or without an advance payment, irrevocably binds the latter. If an order is cancelled by the customer, for whatever reason, ALIEN MOBILITY will be entitled to claim compensation of 30% of the value of the order.
- The shipping costs of both online and offline purchased goods depend on the agreed shipping method and form an integral part of the agreement.
RETENTION OF TITLE
- All goods delivered by the ALIEN MOBILITY, regardless of where they are located, remain the property of the ALIEN MOBILITY until the customer has paid the principal sum, possibly increased by interest and costs, and all other claims in connection with his failure to perform.
- Until payment has been made in full, the customer is prohibited from transferring, pledging or guaranteeing goods or lending them to third parties in any form or disposing of them in any way whatsoever.
CONFIDENTIALITY
ALIEN MOBILITY is committed to the confidentiality of all customer information that it knows or can assume to be confidential. This confidentiality also extends after the termination of the assignment.
The way in which ALIEN MOBILITY handles the personal data of its customers is stated in the privacy statement that can be found on the Alien Mobility website.
INTELLECTUAL PROPERTY
Purchasing a product from ALIEN MOBILITY or entering into a contract with ALIEN MOBILITY does not in any way entitle the customer to the intellectual rights belonging to ALIEN MOBILITY. This contract does not transfer any (intellectual) property right, license or right of use from ALIEN MOBILITY to the Customer. All ALIEN MOBILITY rights (including but not limited to copyrights, trademark rights, sui generis database rights, logos, figurative trademark rights, title rights, patents remain the (intellectual) property of ALIEN MOBILITY without limitation.
LIABILITY FOR DEFECTS
- After delivery, any complaint due to hidden defects in the product, of whatever nature, must be notified to ALIEN MOBILITY by the customer within 15 working days from the delivery of goods or the date of performance of the services by registered letter. The delivery covers the visible defects.
- The liability of ALIEN MOBILITY is in all cases always limited to the amount of the goods or services delivered with regard to the element that gave rise to the liability.
- Liability of the ALIEN MOBILITY for indirect damage, including consequential damage, business interruption, is excluded in all cases unless explicitly stated in the agreement.
LIABILITY TO CONSUMERS
- A consumer who buys a product online or offline from ALIEN MOBILITY and finds that the product that was delivered does not correspond to what he ordered, can ask ALIEN MOBILITY to repair or repair the product for a period of 2 years after the sale. to exchange with a copy of the product he has purchased that does not show any defects. Art. 1649 bis and following Civil Code apply.
- A consumer who purchases a product online has a reflection period of 14 days. He has the right to return the product undamaged, in the original packaging and with correct postage, no later than 14 days after receipt. The consumer will also provide his bank account into which the paid purchase price can be refunded by ALIEN MOBILITY.
DISSOLUTION
- When the customer enters into a service contract with ALIEN MOBILITY and fails to perform one or more obligations, the ALIEN MOBILITY shall be entitled either to demand forced performance or to terminate the agreement by operation of law, after first giving the customer written notice of default. to dissolve by means of a registered letter. In the event of dissolution, the customer will be obliged to pay for the goods that have already been delivered and/or services that have already been performed, plus a fixed compensation of 10% of the agreed price.
- If the customer wishes to dissolve the agreement due to contractual default on the part of ALIEN MOBILITY, it will first give ALIEN MOBILITY written and prior notice of default and allow it a reasonable term to still fulfil its contractual obligations or to repair its shortcomings. . The customer must specify very accurately and in detail the shortcomings of ALIEN MOBILITY in its registered letter.
FORCE MAJEURE AND CONTINGENCY CIRCUMSTANCES (HARDSHIP)
In the event of unforeseen events having a material impact on the economic aspect of a contract or in the event of force majeure (both events hereinafter referred to as “Force Majeure”), the contract will either be modified accordingly and in good faith (e.g. the performance deadlines will be extended by the duration of the Force Majeure) or it will be terminated by ALIEN MOBILITY with immediate effect. Force majeure includes but is not limited to: war, fire, terrorist attacks, defects in electricity network, defects/default of the network operator(s)………..and other events beyond the control of ALIEN MOBILITY.
PRIVACY
ALIEN MOBILITY, as data controller, retains the personal data entrusted to it. She uses this data to properly carry out the assignments she receives. ALIEN MOBILITY also has a legitimate interest in providing the contact details of customers and website users/visitors by post or email about the services it offers, whether or not in the context of advertising campaigns or newsletters and e-commerce. By accepting the current terms and conditions, the customer confirms to have knowledge of the privacy policy of ALIEN MOBILITY, which describes which personal data of the customer is processed, how it is processed and how it is protected. In addition, the privacy policy also contains the rights and obligations of the customer in the context of privacy legislation.
If you have a complaint about the working method of ALIEN MOBILITY, you can submit a complaint to the Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail email contact@apd-gba.be
APPLICABLE LAW
- All agreements between the customer and ALIEN MOBILITY are governed by Belgian law.
- In the event of disputes arising from the agreement, these will be settled before the courts of the district of Antwerp.
AMENDMENTS
If ALIEN MOBILITY wishes to make changes to these general terms and conditions, it will inform the customer personally.