Terms and conditions Pottasch-Kolenberg / Fonduetogo.be

Email: contact@fonduetogo.be
Website: https://www.fonduetogo.be/

 

Definitions

1.   Fonduetogo.be: Pottasch-Kolenberg, established in Les Forges (Stoumont), 4987 Belgium under KBO no. 0535906390. And TVA/VAT no BE.0535.906.390.

2.   Customer: the person with whom Fonduetogo.be has entered into an agreement.

3.   Parties: Pottasch-Kolenberg / Fonduetogo.be and customer together.

4.   Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of terms and conditions

1.   These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Pottasch-Kolenberg / Fonduetogo.be.

2.   The parties can only deviate from these conditions if they have expressly agreed to this in writing.

3.   The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1.   All prices used by Pottasch-Kolenberg / Fonduetogo.be are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise stated or otherwise agreed.

2.   All prices that Pottasch-Kolenberg / Fonduetogo.be applies for its services, on its website or otherwise made known, Pottasch-Kolenberg / Fonduetogo.be can change at any time._cc781905 -5cde-3194-bb3b-136bad5cf58d_

3.   The parties agree on a total amount as target price for a service by Pottasch-Kolenberg / Fonduetogo.be, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.

4.   Pottasch-Kolenberg / Fonduetogo.be is entitled to deviate up to 10% from the target price. 

5.   If the target price is more than 10% higher, Pottasch-Kolenberg / Fonduetogo.be must inform the customer in good time why a higher price is justified._cc781905-5cde-3194- bb3b-136bad5cf58d_

6.   If the target price increases by more than 10%, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.

7.   Pottasch-Kolenberg / Fonduetogo.be has the right to adjust the prices annually. 

8.   Pottasch-Kolenberg / Fonduetogo.be will communicate price adjustments to the customer prior to their taking effect.

9.   The consumer has the right to cancel the agreement with Pottasch-Kolenberg / Fonduetogo.be if he does not agree with the price increase.

Payments and payment term

1.   Pottasch-Kolenberg / Fonduetogo.be may require a down payment of up to 50% of the agreed amount upon entering into the agreement. 

2.   The customer must make payments afterwards within 0 days after delivery .

3.   Payment terms are considered strict terms of payment. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Pottasch-Kolenberg / Fonduetogo.be having to send the customer a reminder or being in default. need to set. 

4.   Pottasch-Kolenberg / Fonduetogo.be reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

1.   If the customer does not pay within the agreed term, Pottasch-Kolenberg / Fonduetogo.be is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day on which the customer is in default, whereby part of a month is counted as a whole month.

2.   When the customer is in default, he will also owe extrajudicial collection costs and any compensation to Pottasch-Kolenberg / Fonduetogo.be. 

3.   The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

4.   If the customer does not pay on time, Pottasch-Kolenberg / Fonduetogo.be may suspend its obligations until the customer has fulfilled his payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Pottasch-Kolenberg / Fonduetogo.be against the customer are immediately due and payable._cc781905-5cde -3194-bb3b-136bad5cf58d_

6.   If the customer refuses to cooperate in the execution of the agreement by Pottasch-Kolenberg / Fonduetogo.be, he is still obliged to pay the agreed price to Pottasch-Kolenberg / Fonduetogo.be . 

Right of withdrawal 

1.   A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the service does not include accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

     it is not an (order for) urgent repair

     it does not concern betting and/or lotteries

the consumer has not waived his right of withdrawal

     it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer expressly to waive the right of withdrawal

2.   The cooling-off period of 14 days as referred to in paragraph 1 starts:

o  as soon as the consumer has concluded the contract for the provision of the service

o  once the consumer has confirmed that he will purchase digital content via the internet

3.   The consumer can make his appeal to the right of withdrawal known via contact@fonduetogo.be, if desired using the withdrawal form available via the website of Pottasch-Kolenberg / Fonduetogo.be, https: //www.fonduetogo.be/, can be downloaded.

Right of suspension

 

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
 

Settlement

 

Unless the customer is a consumer, the customer waives his right to set off a debt to Pottasch-Kolenberg / Fonduetogo.be against a claim against Pottasch-Kolenberg / Fonduetogo.be. 

 

Insurance

1.   The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:

o  delivered goods that are necessary for the execution of the underlying agreement

o  items of Pottasch-Kolenberg / Fonduetogo.be that are present at the customer

o  goods delivered under retention of title

2.   At Pottasch-Kolenberg / Fonduetogo.be's first request, the customer will provide the policy of these insurances for inspection.

Guarantee

 

If the parties have entered into an agreement of a service nature, this only contains a  effort obligation for Pottasch-Kolenberg / Fonduetogo.be and therefore no obligation of result.

 

Execution of the agreement 

1.   Pottasch-Kolenberg / Fonduetogo.be executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

2.   Pottasch-Kolenberg / Fonduetogo.be has the right to have the agreed services (partially) performed by third parties.

3.   The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer. 

4.   It is the responsibility of the customer that Pottasch-Kolenberg / Fonduetogo.be can start the implementation of the agreement in time.

5.   If the customer has not ensured that Pottasch-Kolenberg / Fonduetogo.be can start the implementation of the agreement in time, the resulting additional costs and / or extra hours will be charged from the customer.

Information provided by the customer 

1.   The customer shall make available to Pottasch-Kolenberg / Fonduetogo.be all information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.

2.   The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not otherwise. 

3.   If and insofar as requested by the customer, Pottasch-Kolenberg / Fonduetogo.be will return the relevant documents. 

4.   If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by Pottasch-Kolenberg / Fonduetogo.be and the implementation of the agreement is delayed as a result, then the resulting extra costs and extra hours will be borne by the customer.

disclaimer

 

The customer indemnifies Pottasch-Kolenberg / Fonduetogo.be against all third-party claims related to the products and/or services supplied by Pottasch-Kolenberg / Fonduetogo.be. 

 

Complaints

1.   The customer must examine a product or service provided by Pottasch-Kolenberg / Fonduetogo.be as soon as possible for possible shortcomings.

2.   If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify Pottasch-Kolenberg / Fonduetogo.be of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3.   Consumers must inform Pottasch-Kolenberg / Fonduetogo.be no later than 2 months after the discovery of the shortcomings.

4.   The customer provides as detailed a description as possible of the shortcoming, so that Pottasch-Kolenberg / Fonduetogo.be is able to respond adequately. 

5.   The customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead to Pottasch-Kolenberg / Fonduetogo.be being forced to perform other work than agreed.

Notice of default

1.   The customer must notify Pottasch-Kolenberg / Fonduetogo.be of notice of default in writing.

2.   It is the customer's responsibility that a notice of default actually reaches Pottasch-Kolenberg / Fonduetogo.be (in time). 

Joint and several liability customer

 

If Pottasch-Kolenberg / Fonduetogo.be enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Pottasch-Kolenberg / Fonduetogo.be under that agreement._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

Liability Pottasch-Kolenberg / Fonduetogo.be

1.   Pottasch-Kolenberg / Fonduetogo.be is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2.   If Pottasch-Kolenberg / Fonduetogo.be is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

3.   Pottasch-Kolenberg / Fonduetogo.be is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

4.   If Pottasch-Kolenberg / Fonduetogo.be is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5.   All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

 

Any right of the customer to compensation from Pottasch-Kolenberg / Fonduetogo.be expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
 

Right to dissolution

1.   The customer has the right to dissolve the agreement if Pottasch-Kolenberg / Fonduetogo.be imputably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, dissolution does not justify. 

2.   If the fulfillment of the obligations by Pottasch-Kolenberg / Fonduetogo.be is not permanently or temporarily impossible, dissolution can only take place after Pottasch-Kolenberg / Fonduetogo.be is in default._cc781905- 5cde-3194-bb3b-136bad5cf58d_

3.   Pottasch-Kolenberg / Fonduetogo.be has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Pottasch-Kolenberg / Fonduetogo.be has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations. 

Force majeur

1.   In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Pottasch-Kolenberg / Fonduetogo.be in the fulfillment of any obligation towards the customer cannot be attributed to Pottasch-Kolenberg Kolenberg / Fonduetogo.be can be attributed in a situation independent of the will of Pottasch-Kolenberg / Fonduetogo.be, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be from Pottasch-Kolenberg / Fonduetogo.be may be required. 

2.   The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. 

3.   If a force majeure situation arises as a result of which Pottasch-Kolenberg / Fonduetogo.be cannot fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Pottasch-Kolenberg / Fonduetogo.be is there again. can meet. 

4.   From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 

5.   Pottasch-Kolenberg / Fonduetogo.be does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Change of Agreement 

1.   If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation._cc781905- 5cde-3194-bb3b-136bad5cf58d_

2.   The previous paragraph does not apply to products purchased in a physical store. 

Change of general terms and conditions

1.   Pottasch-Kolenberg / Fonduetogo.be is entitled to change or supplement these general terms and conditions. 

2.   Minor changes can be made at any time. 

3.   Pottasch-Kolenberg / Fonduetogo.be will discuss major substantive changes with the customer in advance as much as possible.

4.   Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1.   Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Pottasch-Kolenberg / Fonduetogo.be. 

2.   This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code. 

Consequences nullity or voidability

1.   If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. 

2.   A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Pottasch-Kolenberg / Fonduetogo.be used when drawing up the conditions on had that point in mind.

Applicable law and competent court

1.   Every agreement between the parties is exclusively governed by Belgian law  . 

2.   The Belgian court in the district where Pottasch-Kolenberg / Fonduetogo.be is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise prescribes.

Drafted January 10, 2023.