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General terms and conditions


  1. GENERAL  
    1. Unless expressly stated otherwise in writing between ZAPPASS NV, operating 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 serves as proof that they accept these terms and conditions unconditionally.
    2. The applicability of any general or specific terms of the customer is expressly rejected by ALIEN MOBILITY. In the event that the customer's purchasing conditions conflict with these general sales conditions, only the latter conditions shall apply.
    3. The general sales conditions serve as the basis for all other additional agreements made between the customer and ALIEN MOBILITY.
  3. OFFER, QUOTE, PRICES
    1. Offers and quotations from ALIEN MOBILITY are non-binding. The prices in the mentioned 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.
    2. The unconditional acceptance of the offer binds the customer.
    3. Prices are set based on the prices of raw materials, official rates, bets, and social charges valid on the date of the quote and may be adjusted by ALIEN MOBILITY if the aforementioned parameters change.
  5. DELIVERY AND PAYMENT TERMS
    1. The delivery times provided by ALIEN MOBILITY are purely indicative and not binding. Delays do not justify the cancellation of the order, the termination of the agreement, a price reduction, or any claim for compensation.
    2. When purchasing online, the products that are the subject of the sale are paid for immediately with a credit card, debit card, or any other method provided by the website. The customer is required, if applicable, to provide their Visa or Mastercard number, along with the security code and expiration date, after which the crediting of the amounts due is processed immediately.
    3. When placing an online order, the customer must first identify themselves and register on the ALIEN MOBILITY website. In doing so, the customer gives explicit consent for their personal data to be processed in accordance with ALIEN MOBILITY's privacy statement. ALIEN MOBILITY commits to processing the online order as quickly as possible, and within 48 hours of receiving payment for the online purchase, the customer will receive an email with the delivery timeframe and delivery time. ALIEN MOBILITY reserves the right to change the delivery time if there are circumstances beyond its control that cause a delay in delivery.
    4. When providing services or delivering products offline, invoices are payable within 14 days after the invoice date to the bank account of ALIEN MOBILITY as stated on the invoice, unless cash payment has been agreed upon.
    5. If the invoice is not paid by the due date, a contractual interest of 8% per year shall be due by operation of law and without any notice of default. The compensation for non-payment will be increased by a flat-rate compensation of 10% with a minimum of 25 EUR.
    6. Any acceptance of the offer by the customer, with or without a paid deposit, binds the customer irrevocably. If an order is canceled by the customer for any reason, ALIEN MOBILITY shall be entitled to claim compensation of 30% of the value of the order.
    7. The shipping costs for goods purchased both online and offline depend on the agreed shipping method and are an inseparable part of the agreement.
  7. Retention of title 
    1. All goods delivered by ALIEN MOBILITY, regardless of their location, remain the property of ALIEN MOBILITY until the customer has paid the principal amount, possibly increased by interest and costs, as well as all other claims related to their default in performance.
    2. Until the moment of full payment, the customer is prohibited from transferring goods, pledging them or using them as collateral, lending them to third parties in any form, or disposing of them in any way.
  9. CONFIDENTIALITY
    1. ALIEN MOBILITY is committed to maintaining the confidentiality of all customer data that it knows or can assume to be confidential. This confidentiality obligation extends even after the termination of the assignment.
    2. The way in which ALIEN MOBILITY handles the personal data of its customers is stated in the privacy policy that can be found on the Alien Mobility website.
  11. INTELLECTUAL PROPERTY
    1. The purchase of a product from ALIEN MOBILITY or the conclusion of a contract with ALIEN MOBILITY does not grant the customer any rights to the intellectual property rights owned by ALIEN MOBILITY. This contract does not transfer any (intellectual) property rights, licenses, or usage rights from ALIEN MOBILITY to the Customer. All rights of ALIEN MOBILITY (including but not limited to copyrights, trademark rights, sui generis database rights, logos, image rights, title rights, and patents) remain the unlimited (intellectual) property of ALIEN MOBILITY.
  13. LIABILITY FOR DEFECTS
    1. After delivery, any complaint regarding hidden defects in the product, of any kind, must be reported by the customer to ALIEN MOBILITY within 15 working days from the delivery of goods or the start date of the provision of services, and this must be done by registered mail. The delivery covers visible defects.
    2. The liability of ALIEN MOBILITY is in all cases limited to the amount of the goods or services provided in relation to the element that gave rise to the liability.
    3. The liability of ALIEN MOBILITY for indirect damage, including consequential damage and business interruption, is excluded in all cases unless explicitly stated in the agreement.
  15. LIABILITY TOWARDS CONSUMERS
    1. A consumer who purchases a product online or offline from ALIEN MOBILITY and finds that the product delivered does not match what they ordered can request, within a period of 2 years after the sale, that ALIEN MOBILITY repair the product or exchange it for a copy of the product they purchased that is free of defects. Article 1649 bis and following of the Civil Code are applicable.
    2. A consumer who purchases a product online has a 14-day reflection period. They have the right to return the product undamaged and in its original packaging, correctly stamped, no later than 14 days after receipt. The consumer will also provide their bank account details to which the paid purchase amount can be refunded by ALIEN MOBILITY.
  17. UNBINDING
    1. When the customer enters into a service contract with ALIEN MOBILITY and fails to fulfill one or more obligations, ALIEN MOBILITY will have the right to either demand specific performance or to terminate the agreement by operation of law, after first notifying the customer in writing of the default, via a registered letter. In the event of termination, the customer will be required to pay for the goods that have already been delivered and/or services that have already been performed, plus a flat-rate compensation of 10% of the agreed price.
    2. If the customer wishes to terminate the agreement due to contractual default by ALIEN MOBILITY, they must first formally notify ALIEN MOBILITY in writing and grant a reasonable period for them to fulfill their contractual obligations or rectify their shortcomings. The customer must specify the shortcomings of ALIEN MOBILITY in detail and precisely in their registered letter.
  19. FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES (HARDSHIP)
    1. In the event of unforeseen circumstances that have a significant 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 adjusted accordingly and in good faith (for example, the performance deadlines will be extended by the duration of the Force Majeure) or it will be terminated immediately by ALIEN MOBILITY. Force Majeure includes but is not limited to: war, fire, terrorist attacks, failures in the electricity network, failures/defaults of the network operator(s)...........and other events that are beyond the control of ALIEN MOBILITY.
  21. PRIVACY 
    1. ALIEN MOBILITY bewaart als verantwoordelijke voor de verwerking van gegevens de persoonlijke gegevens die haar worden toevertrouwd. Ze gebruikt deze gegevens om de opdrachten die ze ontvangt goed te kunnen uitvoeren. ALIEN MOBILITY heeft ook een gerechtvaardigd belang om de contactgegevens van de klanten en van de gebruikers/bezoekers van de website te informeren per post of per mail over de diensten die ze aanbiedt al dan niet in het kader van reclamecampagnes of nieuwsbrieven en e-commerce. Door het aanvaarden van huidige algemene voorwaarden bevestigt de klant kennis te hebben van de privacy policy van ALIEN MOBILITY waarin wordt beschreven welke persoonsgegevens van de klant worden verwerkt, op welke wijze ze worden verwerkt en hoe ze worden beschermd. Bovendien bevat de privacy policy ook de rechten en verplichtingen van de klant in het kader van de privacy wetgeving. Indien u een klacht heeft over de werkwijze van ALIEN MOBILITY kan u een klacht indienen bij de  Gegevensbeschermingsautoriteit, Drukpersstraat 35, 1000 Brussel, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail   contact@apd-gba.be 
  23. APPLICABLE LAW
    1. All agreements between the customer and ALIEN MOBILITY are governed by Belgian law.
    2. In the event of disputes arising from the agreement, these will be settled before the courts of the Antwerp district.
  25. CHANGES
    1. If ALIEN MOBILITY wishes to make changes to these general terms and conditions, it will personally inform the customer of this.