Terms and Conditions for HERES
These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of HERES, with registered office at Janseniusstraat 49, 3000 Leuven and registered in the Crossroads Bank for Enterprises (CBE) under number BE0863948217. (Hereinafter: “HERES”).
Article 1 – Scope of application
These General Terms and Conditions apply to every offer, quotation and agreement concluded with regard to products and/or services offered by us.
These General Terms and Conditions apply to the exclusion of the Customer's general terms and conditions.
Article 2 – Quotations
Our quotes are purely indicative and non-binding and expire if not accepted by the Customer within 30 calendar days. Quotes only become legally binding once both the Customer and us have signed them. We also reserve the right to refuse certain orders without giving a reason.
Article 3 – Price and payment
The price for our goods/services is that stated on the quotation.
All our invoices are payable within 14 days of receipt, unless the quote specifies a different due date. If we request a deposit, we will only commence our activities after receipt of the deposit.
For any delayed payment, the Customer shall owe, by operation of law and without prior notice of default, a late payment interest of 1% per month commenced, starting from the invoice due date, with each commenced month being considered a full month, without prejudice to any compensation or costs. A fixed compensation of 10% of the invoice amount, with a minimum of €250 in liquidated damages, shall also be owed by operation of law and without prior notice of default, in addition to the principal amount, late payment interest, collection, reminder, prosecution costs, and expenses resulting from loss of time and legal or judicial costs. This liquidated damages clause shall not affect the obligation to pay the agreed late payment interest.
Disputes must be notified to us by registered letter within five working days of the invoice being sent, otherwise they will be deemed inadmissible.
Article 4 - Duration of the agreement and termination
Our agreements can be entered into as described in our quotes. The agreement can be terminated unilaterally by us at any time and without judicial intervention if the Customer is declared bankrupt or has entered into a judicial composition, or if the Customer fails to pay its invoices.
Article 5 – Intellectual property rights
Our website, logos, texts, photos, names, and generally all our communications are protected by intellectual property rights held by us, our suppliers, or other rights holders.
Intellectual property rights include patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods and concepts.
It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, the customer may not copy or reproduce our drawings, photos, names, texts, logos, color combinations, etc., without our prior and express written permission.
Article 6 – Confidentiality and Privacy
We are responsible for the processing of your personal data and process it in accordance with the General Data Protection Regulation;
For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.
Article 7 – Liability
We are not liable except in cases of intent or gross negligence. Furthermore, we are not liable for any direct or indirect damages (such as consequential damages, lost profits, lost savings, or damages due to business interruption) for which we have not expressly stipulated our liability in these terms and conditions. Our liability will in all cases be limited to the amount of the agreed price for that order (excluding VAT).
We make every effort to provide access to the website 24/7. However, given the technical characteristics of the internet and IT resources, and the need for periodic maintenance, updates, or upgrades, we cannot guarantee uninterrupted access and service. In the event of a reasonably acceptable interruption or disruption to access or service, we will make every effort to resolve it as quickly as possible. Such reasonably acceptable interruptions or disruptions are inherent to providing services via the internet and cannot be considered deficiencies.
Article 8 - Force Majeure
In the event of force majeure, we are not obligated to fulfill our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or permanently terminate the agreement.
Force majeure is any circumstance beyond our control that prevents us from fulfilling our obligations, in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, power outages, disruptions to a (telecommunications) network or connection or communication systems used, and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties, etc.
Article 9 – Nullity and completeness
These Terms and Conditions constitute the entire agreement between the customer and us with respect to the subject matter contained herein.
If one or more provisions of these Terms and Conditions are at any time found to be unlawful, void or for any other reason unenforceable in whole or in part, then this clause shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
Article 10 - Jurisdiction and applicable law
Belgian law applies to all disputes related to or arising from our offers and/or agreements. In the event of disputes or disagreements, only the courts of the judicial district where our registered office is located have jurisdiction.