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Terms & conditions
Definitions
Be Kind Giftbox, established in Antwerp under Chamber of Commerce number BE0631789605.
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Client: the person with whom Be Kind Giftbox has entered into an agreement.
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Parties: Be Kind Giftbox and client together.
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Applicability of terms and conditions
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These terms and conditions apply to all quotations, offers, activities, orders, agreements,
and deliveries of services or products by or on behalf of Be Kind Giftbox.
Parties can only deviate from these terms and conditions if they have expressly agreed
so on paper.
The parties expressly exclude the applicability of additional and/or deviating terms and
conditions of the client or of third parties.
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Offers and quotations
Offers and quotations from Be Kind Giftbox are without obligation, unless expressly stated
otherwise.
An offer or quotation is valid for a maximum of 1 month, unless a different acceptance
period is stated in the offer or quotation.
If the client does not accept an offer or quotation within the applicable term, the offer or
quotation will expire.
Offers and quotations do not apply to repeat orders, unless the parties have expressly
agreed this on paper.
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Acceptance
Verbal acceptance of the client only binds Be Kind Giftbox after the client has confirmed this on
paper or electronically.
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Prices
All prices that Be Kind Giftbox uses are in euros, are exclusive of VAT and any other costs such as
administration costs and transport costs, unless explicitly stated otherwise or agreed
otherwise.
Be Kind Giftbox can at all times change all prices charged for its products.
Increases in the cost prices of products or parts of products, which Be Kind Giftbox could not
foresee at the time of making the offer or the conclusion of the agreement, may give rise
to price increases.
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Payments and payment term
The client must pay invoices to Be Kind Giftbox within 14 days after the invoice date, unless the
parties have made other agreements about this or a different payment term is stated on
the invoice.
Payment terms are regarded as strict payment terms. This means that if the client has
not paid the agreed amount before the end of the payment term, he is legally in default,
without Be Kind Giftbox having to send the client a notice of default.
Be Kind Giftbox reserves the right to make a delivery conditional on immediate payment.
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Consequences of not paying on time
If the client does not pay within the agreed term, Be Kind Giftbox is entitled to charge the legal
interest of 8% per month for commercial transactions from the day the client is in
default, whereby part of a month is counted as a whole month.
If the client is in default, he also owes extrajudicial collection costs and any
compensation to Be Kind Giftbox.
If the client does not pay on time, Be Kind Giftbox may suspend its obligations until the client has
fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the
side of the client, Be Kind Giftbox ’ claims on the client are immediately due.
If the client refuses to cooperate with the execution of the agreement with Be Kind Giftbox, he is
still obliged to pay the agreed price to Be Kind Giftbox.
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Right of revindication
As soon as the client is in default, Be Kind Giftbox is entitled to invoke the right of revindication
with regard to the unpaid products delivered to the client.
Be Kind Giftbox invokes the right of revindication by means of written or electronic
communication.
As soon as the client has been informed of the invoked right of revindication, the client
must immediately return the products to which this right relates to Be Kind Giftbox, unless the
parties agree otherwise.
The costs for the return of the products will be borne by the client.
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Right of suspension
The customer renounces the right to suspend the fulfillment of any obligations arising
from the agreement between the parties.
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Right of retention
Be Kind Giftbox can invoke its right of retention and in that case keep products of the client in its
possession until the client has paid all outstanding invoices with regard to Be Kind Giftbox, unless
the client has provided sufficient security for those costs.
The right of retention also applies to previous agreements from which the client still
owes payments to Be Kind Giftbox.
Be Kind Giftbox is never liable for any damage that the customer may suffer as a result of Be Kind Giftbox
using the right of retention.
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Set-off
The customer waives his right to set off a debt owed to Be Kind Giftbox against a claim on Be Kind Giftbox.
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Retention of title
Be Kind Giftbox remains the owner of all delivered products until the client has fully complied
with all his payment obligations towards Be Kind Giftbox on the basis of any agreement
concluded with Be Kind Giftbox, including claims for failure to perform.
Until that time, Be Kind Giftbox can invoke its retention of title and take back the goods.
Before ownership has passed to the client, the client may not sell, dispose of or
otherwise encumber the products.
If Be Kind Giftbox invokes its retention of title, the agreement is deemed to have been dissolved
and Be Kind Giftbox has the right to claim compensation, lost profit and interest.
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Delivery
Delivery takes place at the address indicated by the client.
If the agreed amounts are not paid or are not paid on time, Be Kind Giftbox has the right to
suspend its obligations until the agreed amount has been paid.
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Delivery time
The delivery times stated by Be Kind Giftbox are indicative and if they are exceeded, they do not
entitle the client to dissolution or compensation, unless the parties have expressly
agreed otherwise on paper.
Exceeding the specified delivery time does not entitle the client to compensation, nor
the right to dissolve the agreement, unless Be Kind Giftbox cannot deliver within 14 days after
receiving a written demand for this or the parties have agreed otherwise.
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Actual delivery
The client must ensure that the actual delivery of the products ordered by him can take
place on time.
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Transportation costs
Transport costs are borne by the client, unless the parties have agreed otherwise.
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Packing and shipping
If the packaging of a delivered product is opened or damaged, the client must have a
note drawn up by the delivery person before receiving the product, failing which Be Kind Giftbox
cannot be held liable for any damage.
If the customer takes care of the transport of a product himself, he must report any
visible damage to products or the packaging to Be Kind Giftbox prior to transport, failing which
Be Kind Giftbox cannot be held liable for any damage.
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Warranty
The warranty with regard to products only applies to defects caused by faulty
manufacture, construction or material.
The warranty does not apply in the event of normal wear and damage resulting from
accidents, changes made to the product, negligence or incompetent use by the client, as
well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement
between the parties transfers to the client at the moment when they are legally and/or
actually delivered, come under the control of the client or of a third party who takes
delivery of the product on behalf of the client.
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Indemnification
The client indemnifies Be Kind Giftbox against all claims from third parties related to the products
and/or services supplied by Be Kind Giftbox.
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Complaints
The client must examine a product or service provided by Be Kind Giftbox for any shortcomings as
soon as possible.
If a delivered product or service does not comply with what the client could reasonably
expect from the agreement, the client must inform Be Kind Giftbox about this as soon as possible,
but in any case within 1 month after the discovery of the shortcomings.
The client must provide a detailed description of the shortcoming, so that Be Kind Giftbox is able
to respond adequately.
The client must show that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Be Kind Giftbox being
obliged to perform other work than has been agreed.
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Notice of default
The client must notify Be Kind Giftbox of any notice of default on paper.
It is the client’s responsibility that a notice of default actually reaches Be Kind Giftbox on time.
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Joint and several liability
If Be Kind Giftbox enters into an agreement with several clients, each of them is jointly and
severally liable for the full amounts owed to Be Kind Giftbox under that agreement.
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Liability Be Kind Giftbox
Be Kind Giftbox is only liable for any damage suffered by the client if and insofar as that damage is
caused by intent or willful recklessness.
If Be Kind Giftbox is liable for any damage, it is only liable for direct damage arising from or
related to the execution of an agreement.
Be Kind Giftbox is never liable for indirect damage, such as consequential damage, lost profit, lost
savings or damage to third parties.
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Expiration period
Any right of the client to compensation from Be Kind Giftbox expires in any case after 12 months
after the event from which the liability directly or indirectly arises.
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Dissolution
The client has the right to dissolve the agreement if Be Kind Giftbox imputably fails to fulfill its
obligations, unless this shortcoming does not justify termination due to its special nature
or minor significance.
If the fulfillment of the obligations by Be Kind Giftbox is not permanently or temporarily
impossible, dissolution can only take place after Be Kind Giftbox is in default.
Be Kind Giftbox has the right to dissolve the agreement with the client if the client does not fully
or not timely fulfill his obligations under the agreement, or if Be Kind Giftbox has taken
cognizance of circumstances that give good grounds to fear that the client will not fulfill
his obligations.
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Force majeure
A failure on the part of Be Kind Giftbox to fulfill any obligation towards the client cannot be
attributed to Be Kind Giftbox in a situation independent of Be Kind Giftbox control, as a result of which
the fulfillment of its obligations towards the client is wholly or partially prevented or as a
result of which the fulfillment of its obligations cannot reasonably be expected of Be Kind Giftbox.
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 outages; computer
viruses, strikes, government measures, unforeseen transport problems, bad weather
conditions and work stoppages.
If a force majeure situation occurs as a result of which Be Kind Giftbox cannot fulfill 1 or more
obligations to the client, those obligations will be suspended until Be Kind Giftbox can meet them
again.
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.
Be Kind Giftbox does not owe any (damage) compensation in a force majeure situation, even if it
benefits from any advantage as a result of the force majeure situation.
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Change of terms and conditions
Be Kind Giftbox is entitled to amend or supplement these terms and conditions.
Minor changes can be made at any time.
Be Kind Giftbox will discuss major substantive changes with the client in advance as much as
possible.
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Transfer of rights
Rights of the client under an agreement between the parties cannot be transferred to
third parties without the prior written consent of Be Kind Giftbox.
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Consequences of nullity or voidability
If one or more provisions of these terms and conditions prove to be invalid or voidable,
this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes
closest to what Be Kind Giftbox had in mind when drafting the conditions on that point.
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Applicable law and competent court
Only Belgian law applies to every agreement between the parties.
The Belgian court in the district where Be Kind Giftbox is located has exclusive jurisdiction to hear
any disputes between the parties, unless the law prescribes otherwise.
Written on 07/09/22