General terms and conditions
1. General
These terms and conditions apply to all transactions and agreements between BV Drone Enterprise, with registered office at 8020 Hertsberge, Kasteeldreef 57, KBO 0739.732.688 on the one hand and its customers on the other, who declare to have taken note of these terms and conditions and to accept them in full. The acceptance of these terms and conditions implies that the customer fully waives the application of his own general terms and conditions. These conditions apply both in Belgium and abroad, regardless of the place of residence or establishment of the parties involved in the transaction or agreement, the place where the agreement was concluded or executed.
2. Offers, orders and agreements
All offers and quotations by Drone Enterprise are entirely without obligation and as such do not bind it. Nor do client orders bind Drone Enterprise. An order is defined as any agreement with Drone Enterprise, regardless of whether it involves the performance of work, or the provision of personnel, materials, products or space, or any other performance in the broadest sense of the word. An agreement between Drone Enterprise and the client will only come into being when Drone Enterprise's manager signs an order confirmation or any other written agreement.
3. Delivery time
The goods and services shall be delivered within the period specified in the order confirmation. Any delivery terms are provided by way of information only and are therefore not binding, unless expressly agreed. Delays in execution can never give rise to compensation or dissolution of the agreement. If the delivery period is exceeded excessively, Drone Enterprise will consult with the client.
4. Acceptance, control and guarantee
The client must ensure that the goods can be delivered by Drone Enterprise in a normal way at the agreed place and time. If this is not met, the client is obliged to compensate Drone Enterprise for all damages, including waiting time. The customer should take delivery and inspect the goods immediately. Visible defects or damage must, under penalty of cancellation, be reported by motivated registered letter at the latest within 5 days after delivery. Use, even of a part of the delivery, implies approval of the visible defects or damages. Hidden defects may only give rise to compensation if they have been detected with due speed and no later than within 7 days after he discovered or could reasonably have discovered the hidden defect, be reported by registered letter. Hidden defects are those defects which render the product substantially unsuitable for its normal use or for the use for which it was expressly intended. Under no circumstances will warranty be provided: (i) in case of misuse of the product; (ii) in case maintenance is performed by a company other than Drone Enterprise; (iii) in case the damage is caused by force majeure; (iv) in case additional, non-adapted equipment is connected to the sold product; (v) in case intentional damage to the product is caused by the customer or his agents. The warranty is in any case limited to repair free of charge, i.e. to the cost of spare parts and labour, excluding indirect damage, immaterial damage, the cost of returning the product to our company and subsequently returning it to the co-contractor, and without the co-contractor being able to claim any compensation for whatever reason.
5. Transfer of ownership and risk
The delivered goods remain the property of Drone Enterprise until full payment of principal, costs and interest. Delivery takes place at the risk of the client, who should take out insurance against possible damages, even if transport is carried out by or on behalf of Drone Enterprise. The risk passes to the client from the moment the goods leave Drone Enterprise's warehouse. Transport and any insurance costs shall always be borne by the client, unless expressly agreed otherwise. The client who wrongfully refuses to take delivery or collect the offered goods must pay the resulting costs, such as storage costs and freight charges, regardless of other compensation including the agreed price, interest and lump sum increase due to Drone Enterprise.
6. Prices
Prices are quoted in euros and always include VAT.Any increase in the VAT rate in the period between the order and the delivery shall be borne by the customer. The price is exclusive of delivery, transport and insurance costs. Orders are invoiced at the prices and conditions in force at the time of acceptance of the order. Any written or oral notices provided by Drone Enterprise in connection with shipping costs, tolls and any other formalities shall be for information purposes only and shall in no way prevent additional charges.
7. Payments
The price is payable on the due date indicated on the invoice.For transactions via the webshop, payment shall be made in advance by means of a method of payment indicated on the site. In the absence of a registered letter of protest within 8 days of the invoice date, the invoice shall be deemed to have been definitively accepted. In the absence of payment on the due date, all invoices, including those not yet due, shall become payable immediately. In case of non-payment on the due date, Drone Enterprise has the right to immediately suspend any further delivery and/or service towards the client, both those arising from the contract to which the unpaid invoice relates, and from other contracts. In case of non-payment of an invoice on the due date, it will automatically and without notice incur interest of 10% per year. In addition, the amount shall automatically and without notice be increased by a fixed compensation of 10%, with a minimum of € 250.00.
7.1 Prepayment Software licences
All software licences provided by Drone Enterprise must be paid in full in advance by the customer. The customer acknowledges and accepts that delivery of the software licence and access to the software will only take place upon receipt of full payment by Drone Enterprise. If payment is not made in advance, Drone Enterprise reserves the right to suspend or cancel the delivery of the licence, without any liability to the customer.
In the event of non-payment on the due date, Drone Enterprise has the right to immediately suspend all further deliveries and/or services towards the client, both those arising from the contract to which the unpaid invoice relates and those arising from other contracts. In case of non-payment of an invoice on the due date, it will automatically and without notice incur interest of 10% per year. In addition, the amount shall automatically and without notice be increased by a fixed compensation of 10%, with a minimum of € 250.00..
8. Suspension and dissolution
In case of non-payment on the due date, in case of non-payment, for whatever reason, or in case of non-fulfilment of even one contractual obligation, Drone Enterprise reserves the right to:(i) either unilaterally suspend the execution of all pending orders, and this after prior notice of default, to which no or no useful effect has been given within eight days, and without this being a reason for the co-contractor to claim damages, but without prejudice to the right to claim damages; (ii) or unilaterally dissolve the contract, without prior judicial authorisation and after prior notice of default to which no or no useful effect has been given within eight days, without prejudice to our right to claim damages.
9. Force majeure
Elk geval van overmacht of toeval bevrijdt Drone Enterprise van rechtswege van om het even welke verbintenis, zonder dat de medecontractant aanspraak zal kunnen maken op schadevergoeding. Ingeval Drone Enterprise afhankelijk is, voor het nakomen van haar verplichtingen, van bijvoorbeeld de leveringen door een derde firma, dan zijn deze bepalingen eveneens toepasselijk ingeval van overmacht of toeval bij deze derde, wanneer de nakoming van haar verplichtingen hierdoor vertraging zou oplopen of verhinderd zou worden. Onder meer de volgende situaties worden als overmacht aanzien: oorlog, oproer, onlusten, quarantaine, algemene of gedeeltelijke werkstakingen, lock-out, brand, scheep- of luchtvaart, in gebreke blijven van toeleveringsbedrijven en andere oorzaken die losstaan van de wil van Drone Enterprise en een regelmatige werking verhinderen.
10. Disputes
The agreements between the client and Drone Enterprise are subject to Belgian law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. In the event of any dispute between the parties on the basis of this agreement or as a result thereof, the dispute shall be brought before the competent courts of the arrondissement of Bruges.