Definitions and scope
The general terms and conditions for the provision of services, hereinafter referred to as the 'general terms and conditions', apply to all orders placed with CAD-Plus Pro, with registered office at Grote Baan 291, 3150 Wespelaar, hereinafter referred to as the 'service provider'. .
The present general terms and conditions form the agreement that binds the service provider and the customer, they are hereinafter jointly referred to as the “parties”.
The “customer” is any natural or legal person who orders services from the service provider.
The “consumer” is the customer, a natural person, who acts for purposes that are outside his trade, business, craft or profession.
The present general terms and conditions are the only ones applicable between the parties.
These exclude the general or special conditions of the customer that the service provider has not expressly accepted in writing. The general terms and conditions can be consulted freely at any time on the website of the service provider: www.cad-pluspro.be. When placing an order, the customer declares that he has taken note of the general terms and conditions and confirms that he accepts the rights and obligations arising therefrom.
Offer and order
To place an order, the customer selects the service(s) he wishes to order and informs the service provider by post, e-mail or, where appropriate, by means of an online form.
The service provider sends the customer a quote regarding its services, and may request payment of an advance. The order form contains a statement that reminds the customer of the application of the present general terms and conditions, as well as of the existence of the consumer's right of withdrawal.
It is up to the customer to check the correctness of the order and to report any errors immediately to the service provider.
The customer must then accept the quotation and return the signed quotation to the service provider in order to confirm his order.
The service provider reserves the right to suspend, cancel or refuse the customer's order, in particular if the data communicated by the customer proves to be manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.
In the event of cancellation of the order by the customer, for whatever reason and barring force majeure, after it has been accepted by the service provider, the service provider will pay an amount equal to 30% of the price of the order by way of compensation and interest. and will be invoiced to the customer.
Submitting files
A distinction is made between 2 types of files, ie work and information files.
Information files only contain information that allows the service provider to properly perform the requested work. The documents are always delivered in readable files, eg .JPEG, .PDF, .DOCX, .TXT, ...
Work files are preferably delivered in compressed folders (.zip, .rar, ...) to limit data loss during transfer. Files larger than 5 MB may be delivered via free platforms such as Wetransfer.
The service provider cannot be held responsible for the correctness or completeness of the information contained in these files. Any deviation that must be made to obtain the requested result will always be in consultation with the customer. The resulting costs are always borne by the customer.
All supplied files must always be virus and malware free and may not be (self) executable files (.exe, .ini, ...). If malicious software and/or files are supplied, whether intentionally or not, the customer will be notified of this and a complaint can be lodged with official authorities.
Payment
The invoices are payable, in the currency of the invoice, at the registered office of the service provider at the latest 15 days after the invoice date, unless otherwise agreed in writing.
Any dispute regarding an invoice must be sent by e-mail and registered letter to the registered office of the service provider within eight days of receipt of the invoice. Failing this, the customer can no longer dispute the invoice.
In the absence of payment of an invoice on the due date, the full outstanding amounts become immediately due and payable.
Any invoice that has not been paid on the due date will, with regard to a private individual, automatically and without prior notice of default yield interest for late payment of 10% per year. The Law of 2 August 2002 will apply to traders.
Any invoice that has not been paid on the due date will also be increased by right and without prior notice of default, by way of compensation and interest, with a fixed compensation amounting to 15% of the unpaid amount with a minimum of € 50.00.
Price
The price of the products and/or services is stated in euros, taxes not included.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and the execution, will automatically be charged to the customer.
Possible delivery costs are not included in the displayed price, but are calculated separately during the ordering process, depending on the method and place of delivery, as well as the number of services ordered.
Terms
Unless expressly agreed in writing to the contrary by the service provider, the delivery and/or performance terms stated in the general terms and conditions are not expiry terms. The service provider cannot be held liable unless it concerns a significant delay attributable to his gross negligence.
The customer cannot invoke the delivery and implementation periods to terminate the agreement, cannot claim compensation or interest and cannot assert any other claim, unless expressly accepted in writing by the service provider.
In the event of a delay in the delivery of more than thirty working days, the customer must send a notice of default to the service provider by registered letter, giving the latter 50% of the prescribed time to perform the ordered services.
Right of withdrawal
In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders the remote services from the service provider has a period of 14 calendar days from the day of the conclusion of the agreement, i.e. the day on which the consumer sends an e-mail to -mail receives a summary of his order.
If this term expires on a Saturday, Sunday or a public holiday, it will be extended to the next working day.
The consumer can express his wish to cancel the purchase via a withdrawal form placed online on the website of the service provider, via a form sent together with the order form or available on the website of the FPS Economy , SME, Self-employed and Energy: economie.fgov.be, or through a statement that unequivocally demonstrates the will to revoke the agreement.
The service provider will refund the amount paid by the customer to the latter as soon as possible, and at the latest within 14.
The consumer who expressly accepts that the ordered service is already performed before the expiry of the period of 14 days and who acknowledges that this execution leads to the loss of this right of withdrawal, will exercise this right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law. can no longer exercise.
The consumer will also not be able to exercise his right of withdrawal if he finds himself in one of the other exceptions intended by article VI.53 of the Code of Economic Law.
Cancellation of the order
The customer who does not meet the conditions for making use of the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must inform the service provider, who will inform the customer on in turn will inform as to the procedure to be followed.
Any advance paid by the customer to the service provider will not be refunded to the customer. If no advance has been paid by the customer, the service provider has the right to demand from the customer a cancellation fee amounting to 30% of the price of the services that were part of the order canceled by the customer.
Execution of the order
The execution times indicated by the service provider are provided for indicative purposes only and do not bind the service provider. A delay in the execution of the order can therefore in no case give rise to any compensation, interest, termination of the agreement and/or suspension of the obligations of the customer.
Receipt of the order and complaints
Any complaints regarding the services provided by the service provider must be submitted in writing, within a period of 5 working days after the fact that gives rise to the complaint has occurred. If the complaint is not submitted in the aforementioned manner and within the stipulated period, this will not be taken into account.
If a complaint proves to be justified, it will be examined in consultation with the customer to replace or refund the service concerned with a maximum of 50% of the price stated on the quotation.
Intellectual property rights
The information, logos, drawings, brands, models, slogans, house style, etc. that are accessible via the website or the catalog of the service provider are protected by intellectual property rights.
Unless expressly stated otherwise, the customer is not permitted to modify, reproduce, rent, loan, sell, distribute or distribute derivative works based on all or part of the elements depicted on the website or in the catalog of the service provider. to create.
Unless expressly deviated from, the agreed price in no way entails a transfer of intellectual property rights and/or industrial rights in any way whatsoever.
Guarantees with regard to the services provided
The service provider undertakes to perform the services with due care.
With regard to the services provided, the customer has a guarantee of conformity with regard to the initially requested services. If a deviation is established within this period, the service provider will remedy this deviation free of charge and as soon as possible, provided that these deviations are made known as such to the service provider. Are expressly excluded from the guarantee of conformity: the services requested as a result of an unauthorized intervention or modification, as a result of misuse or as a result of non-compliant use by the customer, or further, as a result of a deviation created by the intervention of the customer or a third party.
The service provider declares that the result of the services provided, which would be protected by intellectual property rights, are original creations. If the service provider would have called on third parties to provide all or part of these services, he declares that he has obtained all necessary rights and permissions for the performance of these services.
The service provider therefore indemnifies the customer against any claim, claim, revocation or opposition of any person who invokes an intellectual or industrial property right with regard to all or part of the services provided, or who commits an act of unfair competition.
Liability
Generalities. The customer acknowledges and accepts that all obligations to which the service provider is obliged must be expressly stated and that it is not liable, except in the case of fraud or gross error. In the hypothesis in which the customer demonstrates the existence of a gross error or fraud on the part of the service provider, the damage to which the customer can claim is limited to material damage that is the direct result of the error alleged against the service provider , to the exclusion of all other damages. In any case, this damage cannot exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the service provider is not liable for any direct or indirect damage caused by the services provided, such as loss of income, increase in general costs, loss of customers, etc.
The service provider is not responsible if incorrect data has been provided by the customer, or if an order is placed by a third party on behalf of the customer.
The service provider is the link between, on the one hand, the customer/builder and the architect/engineer, therefore he cannot be held responsible in any way if irregularities were noted in the plans. It is the responsibility of the architect or engineer to always check the delivered plans and to report irregularities if they are present.
If the consumer/building owner has the design of a residential unit carried out by the service provider, the consumer/building owner will always have to have the design approved by a recognized architect or engineer. On simple request, the service provider can have this check carried out by a recognized architect or engineer at a fixed rate.
Internet en nieuwe technologieën
De klant erkent de beperkingen en de risico’s verbonden aan het gebruik van het internet of van ieder ander middel waarmee de website heden of in de toekomst ter beschikking zal worden gesteld. De klant erkent eveneens de risico’s verbonden aan de numerieke of elektronische opslag en overdracht van gegevens.
De klant aanvaardt, gelet op voormelde risico’s, dat de dienstverlener niet aansprakelijk kan worden gehouden voor de schade veroorzaakt door het gebruik van de website (alsook door eventuele applicaties) van de dienstverlener of door het internet.
De klant aanvaardt onder meer dat de uitgewisselde elektronische communicatie en de door de dienstverlener gerealiseerde back-ups als bewijs kunnen dienen.
Miscellaneous provisions
Case of force majeure or coincidence. The service provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations, if this non-performance is due to a case of force majeure or coincidence.
In particular, the following are considered as cases of force majeure or coincidence: 1) the loss or the total or partial destruction of the IT system of the service provider or of its database, if one of these events cannot reasonably be blamed directly on the service provider and if it cannot be demonstrated that the service provider has failed to take all reasonable measures that could have prevented these events, 2) earthquakes, 3) fire, 4) floods, 5) epidemics, 6) acts of war or of terrorism, 7) notified and unannounced strikes, 8) lockouts, 9) blockades, 10) riots and riots, 11) a suspension of utilities (such as electricity), 12) a lack of internet connection or databases, 13) a lack of telecommunications networks,14) a loss of connection to the Internet or to the telecommunications networks on which the service provider depends, 15) a fact or decision of a third party that affects the proper performance of this agreement or 16) any other cause beyond the reasonable control of the service provider escapes.
Unforeseeability. If, due to circumstances beyond the control of the service provider, the latter is no longer able to fulfill its obligations or if the performance of these obligations has become more expensive or more difficult, the customer and the service provider undertake to act in good faith and in good faith within to renegotiate the contractual terms within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable period of time, each party will have the right to invoke the dissolution of the agreement and of the contractual relationships that bind the parties without being liable for any compensation of any kind.
Termination of the agreement. In the event of insolvency of the customer or in the event of unpaid debts, even if these arise from previous agreements between the customer and the service provider, the service provider is entitled to suspend the performance of its obligations until the day of full payment by the customer of all outstanding debts.
In the event of non-performance of its obligations by the customer, the service provider may immediately terminate the agreement at the expense of the customer, without being liable for any compensation. This termination of the agreement may, where appropriate, give rise to the payment of damages and interests by the customer to the service provider.
Illegality. Unless expressly provided otherwise, the possible irregularity or invalidity of any clause, paragraph or provision (or of any part of a clause, paragraph or provision) shall in no way affect the validity of the other clauses, paragraphs or provisions of the present terms and conditions, nor on the remainder of this clause, paragraph or provision.
Titles. The headings used in these terms and conditions are used for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.
No distance. The inertia, negligence or delay of a party in the execution of any of its rights or remedies in application of the present terms and conditions can in no way be regarded as a waiver of this right or remedy.
Applicable Law and Competent Courts. These general terms and conditions are subject to Belgian law.
In the event of a dispute regarding the validity, interpretation, performance or provision of the services, the parties agree to initiate a mediation procedure before proceeding to any other means of dispute resolution.
Where appropriate, the parties shall, by mutual agreement, appoint an accredited mediator of the Federal Mediation Commission or have a third party appoint this accredited mediator.
Once a mediator has been appointed, the parties determine the modalities of the mediation together with the mediator.
Either party may terminate the mediation procedure at any time, without prejudice to any other rights.
In the event that the mediation procedure fails, the courts of the following judicial district have jurisdiction: Leuven.
Change the terms and conditions.
The service provider reserves the right to change these terms and conditions at any time, without prior notice, subject to such changes being reflected on its website.