GENERAL CONDITIONS OF SALE – M-Advise
Article 1: Definitions and Scope
For the purposes of these general terms and conditions, the following terms mean:
The Seller: M-Advise/Maxime Ledroit having its registered office at rue de la Prévoyance 2 – 6040 Jumet
The Customer or Customers: any natural or legal person who contracts with the Seller to purchase its services.
Unless there is a specific clause and agreement to the contrary, the general terms and conditions of sale apply in full.
The Seller reserves the right to modify these general conditions, which will take effect 45 days after their notification to the customer, unless the customer terminates the contract within this period.
Billing Center
M-Advise operates through the Azimut business cooperative, 42/15 Rue de Monceau-Fontaine, 6031 Monceau-sur-Sambre, Belgium, VAT BE 0467 278 593. Azimut scrl acts solely as a billing for the name and account of M-Advise. M-Advise is not mandated to bind Azimut in any way whatsoever. Under no circumstances is Azimut a party to the agreement concluded between the Seller and the Buyer. Azimut therefore assumes no obligation or liability including, without this list being exhaustive, the responsibilities relating to the agreements between M-Advise and the Buyer, the information and services offered and provided by M-Advise, the processing data by M-Advise and the provision of the M-Advise site.
M-Advise undertakes to sign a new collaboration agreement containing its own BCE contact details at the end of the support and real-life scenario agreement that binds it with Azimut. »
Article 2: Services
The services offered by the Seller consist in particular of advising and setting up marketing and communication strategies, carrying out certain graphic and printing works as well as the organization and subcontracting of event management.
Article 3: Formation of the contract
Offer
Any service provided by the Seller is preceded by an offer to be returned signed, addressed to the Customer and whose validity is, unless otherwise stipulated, for one month. The Seller may also accept verbal orders from its customers, which will then be confirmed by the Seller in writing (letter or email) during the performance of the contract.
Any order placed by the Customer and accepted by the Seller is considered firm and definitive and cannot be retracted.
By placing an order with the Seller, the Customer declares to fully and unreservedly accept these General Conditions of Sale.
Contract
The contract is deemed to have been concluded upon receipt by the Seller, before the expiry of the period of validity of the offer, of the Customer's unreserved acceptance in writing (letter, email) or by returning the duplicate of the offer signed by him. The Seller may, depending on the circumstances, be satisfied with a verbal acceptance. In such a case, the Customer's acceptance is irrevocably deduced from the fact that he accepts that the Seller begins his services.
Article 4: Price
Unless otherwise stipulated in the offer, the services are payable within 15 days of the date of the invoice.
In the event of travel on behalf of the customer, these costs will be calculated from the head office and until their return up to €0.40/km.
As part of any new contract, the seller has the option of requesting a 50% deposit from the customer before the start of the service.
Article 5: Performance of the Contract
Time limit :
Unless otherwise stipulated in the offer, the execution conditions are given for information purposes only and are therefore not binding. If the deadline is exceeded by more than 20% of the duration provided for in the order, the Customer may terminate the contract in the event of non-performance fifteen days after the sending of a formal notice.
Location of services:
When the Seller must perform the contract in whole or in part at the Customer's premises or at a third party location, the latter must make available the necessary infrastructure (workspace, power supply, data, equipment, etc.) to the performance of the contract.
force majeure
In the event of force majeure making it totally or partially impossible to perform the contract, the party who is the victim is relieved of all liability.
Will be considered by the parties as cases of force majeure: wars, civil wars, strikes, lockouts, breakdown of machinery, fire, flooding, interruption of means of transport, difficulties in the supply of raw materials, materials and energy, restrictions or provisions imposed by the authorities, delays due to suppliers and in general, any cause resulting in total or partial unemployment or those of its suppliers.
Article 6: Guarantee
The Seller guarantees that it performs its services in accordance with the rules of the art and that its services are free from any defect.
Liability clause: The seller will never be held to more than the reimbursement of the service in the event of an error on his part. Nevertheless, he will make every effort to strive for the proper execution of the work according to the objective set.
Article 7: Complaint
Subject to what is specified for consumers in the previous article, any complaint relating to the performance of the services provided for in the contract must be made, by registered letter, within 15 working days following the performance of the service in question. , containing a precise and detailed description of the grievances. Once this period has elapsed, the Seller's services will be deemed to have been accepted definitively and without reservation.
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Article 8: Termination for fault
In the event of serious misconduct by one of the parties, the other party has the right to terminate the contract with immediate effect. In such a case, a lump sum compensation will be due corresponding to 30% of the sums not yet invoiced by the Seller with a minimum of €250.
Each party may terminate the contract in the event of a persistent contractual breach 14 days after the sending of formal notice by registered letter with acknowledgment of receipt, relating to the incriminated breach. In this case, the indemnities referred to in the preceding paragraph will be due.
Article 9: Intellectual property rights
Unless otherwise agreed in writing, all drawings, illustrations, photos, layouts, compositions, and more generally, all works or texts created by the Seller remain its exclusive property in accordance with the legal provisions on copyright. These elements may not be imitated or reproduced without its prior written authorization.
Article 10: Protection of Privacy
The Seller collects personal data from Customers. You will find more information in this respect in the privacy policy available on the Seller's website.
Article 11: Default of payment
The Seller reserves the right to suspend any order management and all its services in the event of non-payment.
In the event of late payment, late payment interest will be due automatically and without prior notice. If the Client is a consumer, the interest will be calculated at the legal rate. If the Client is a professional, the interest will be calculated at the conventional rate of 12%. As irreducible compensation for damage caused by non-performance, the Customer will also be liable for a lump sum compensation of 10% of the unpaid price with a minimum of EUR 150.00 per invoice.
Failure to pay an invoice authorizes the Seller to suspend all its services and to resume them only after full payment of the services due and falling due or provided that a satisfactory guarantee of payment is given.
Article 12: Applicable law and resolution of disputes
The contract concluded between the parties as well as these general conditions are subject to Belgian law.
Any dispute as to the validity, interpretation or execution of the contract or these general conditions will be subject to the exclusive jurisdiction of the courts of the district of Hainaut.