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General terms
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General terms and conditions
Art. 1. General provisions.
These General Terms and Conditions apply to every agreement concluded with BVBA Relaxy, with registered office at Statiestraat 16, 2920 Kalmthout, Belgium, company number BE0757875747, hereinafter referred to as 'Relaxy'.
By placing an order, the client acknowledges having read these general terms and conditions and accepts them.
Deviations from these general terms and conditions are only possible with the specific, prior and written consent of Relaxy. They exclude the applicability of any other general terms and conditions unless otherwise agreed in writing.
Art. 2. Delivery.
Relaxy will make the advertisement available online as soon as possible once the issued invoice has been paid in full. Relaxy is, however, entitled to suspend the fulfilment of its obligations towards the client for as long as the client has not met all of its payment obligations.
Art. 3. Invoicing and payment.
Relaxy invoices the advertisement monthly from the signing of the agreement. The monthly invoices must be paid no later than the due date stated on the invoice.
Any objection to an invoice must be made by reasoned registered letter within 8 working days of the invoice date. After that, any complaint is inadmissible.
In the event of non-payment by the due date, the invoiced amount will, by operation of law and without prior notice of default, be increased by interest at a rate of 12% per year. In addition, if the invoice is not paid on the due date, a fixed and irreducible compensation of 10% of the amounts due will be payable, with a minimum of € 125.00. Furthermore, Relaxy reserves the right to stop further online publication, while monthly invoicing continues.
Art. 4. Duration and termination.
Unless otherwise agreed in writing, the agreement between Relaxy and the client is entered into for a period of 1 month. The agreement will be tacitly renewed for successive periods of 1 month, unless terminated in writing by either party at least 30 calendar days before the end of the current contractual period.
For the expiry date of the agreement, reference is made to what is stated on the quotation and/or mutual agreement and/or the invoice.
Art. 5. Liability.
Relaxy cannot be held liable if the website is temporarily inaccessible for reasons beyond Relaxy's control.
Relaxy will make every effort to immediately report any technical or other malfunction to the web host and/or internet provider.
By signing the agreement, the client accepts that it must indemnify Relaxy against all claims by third parties against Relaxy for infringement or disregard of certain rights of those third parties as a result of the content and/or form of the advertisement.
Any taxes, levies or charges of any kind, including copyright fees, claimed from Relaxy by third parties are at the client's expense, and the client must fully indemnify and compensate Relaxy for all related costs and damages.
Art. 6. Dissolution of the agreement.
Relaxy reserves the right to dissolve the agreement and not to publish an advertisement, without the advertiser being entitled to any compensation and without Relaxy having to give reasons for this refusal.
In that case, Relaxy will refund the advertising price to the advertiser within 14 days of notification of the refusal.
Art. 7. Waiver of rights.
Any failure and/or delay by Relaxy in invoking a right under these General Terms and Conditions or a shortcoming of the other party can in no case be regarded as, or have the effect of, a definitive waiver by Relaxy of its right to invoke that right or shortcoming at a later time. The partial exercise of a right does not prevent Relaxy from later invoking the full exercise of that right, or the exercise of any other right.
Art. 8. Partial invalidity.
If one or more provisions of these General Terms and Conditions are declared null, unlawful or unenforceable, this nullity, unlawfulness or unenforceability will not affect the validity of the other provisions.
Art. 9. Jurisdiction and applicable law.
All disputes arising from agreements with Relaxy are governed by Belgian law and fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp.
Art. 10. Relaxy Voucher.
The general terms and conditions of the Relaxy Voucher (Relaxy Bon) can be found via this link.
This English version is a translation for information purposes. In case of any discrepancy, the Dutch version prevails.