1.1. These general terms and conditions apply to all offers by and agreements with SRL ALAIN GEMAYEL, Kattendijkdok-Oostkaai, 60, 2000 Antwerp, VAT BE 0739.771.290.
1.2. By booking an appointment, the client acknowledges to be aware of and accept the general terms and conditions of SRL ALAIN GEMAYEL.
1.3. Special conditions, included in agreements concluded between SRL ALAIN GEMAYEL and the client, prevail, in case of contradiction, over the provisions of these general conditions, regardless of the date of conclusion of the agreement.
2.1. All offers and quotations of SRL ALAIN GEMAYEL are non-binding until the moment of acceptance by the client. The agreement is established when the order confirmation is sent by e-mail to the address provided by the client. Each order or order confirmation binds the client. The agreement can be revoked by SRL ALAIN GEMAYEL if the client does not comply with the general conditions.
2.2 The agreement is thus binding in the form of electronic communication. The absence of a signature does not affect the commitment. A "client" is any natural or legal person who by acts has reached an agreement as mentioned above with SRL ALAIN GEMAYEL.
3.1. Once a commitment has been made as mentioned above, the commitment is final. The customer can cancel but the booking will be charged.
4.1. The date and time of the appointment is given as an indication and does not bind SRL ALAIN GEMAYEL. Delay in the execution of our services does not entitle the client to compensation or price reduction, nor to dissolution of the agreement.
5.1. The risk of loss or damage of the client's material when visiting SRL ALAIN GEMAYEL is covered by the client.
6.1. Payment of the order placed via this website (www.mijnpcrtest.be) is effected on location. The services can be paid in cash or via bancontact at the location. August Michielsstraat, 1, 2000 Antwerp. Payments are made immediately before the services are carried out. In case of non-payment, the competent court for the registered office of SRL ALAIN GEMAYEL will settle the execution of this agreement. Permitted discounts expire when not respecting the general conditions of sale.
6.2. In the event that the client does not proceed to pay for the services at the time of his booking (the fulfillment of our service), he shall, ipso jure, owe SRL ALAIN GEMAYEL default interest calculated in accordance with the law of 02.08.2002 concerning payment arrears in commercial transactions, and a fixed compensation of 10% of the amount with a minimum of 125 euros, from the date of reminder until full payment. Furthermore, SRL ALAIN GEMAYEL reserves the right to suspend the further execution of its commitments until the client has paid the overdue amount. Every delay in payment by the client makes all sums due claimable at once and cancels every form of payment.
6.3. If the client orders services to be paid by SRL ALAIN GEMAYEL in other currencies than Euro, the exchange rate risk is always for the account of the client.
7.1. Each protest must be made by motivated registered letter to SRL ALAIN GEMAYEL within a period of 8 calendar days after the agreed and booked services. For complaints or disputes concerning the delivered services, the period starts the day after the execution of the services. With regard to the payment, the term begins on the day of payment (in this case, the moment when the services are performed). In the absence of a timely protest, the services/invoices are definitively accepted and payment is due.
8.1. SRL ALAIN GEMAYEL commits to execute all services to be provided with care. SRL ALAIN GEMAYEL is not liable for errors in the execution due to insufficient or wrong input by the client.
8.2. SRL ALAIN GEMAYEL cannot be held liable for any fault or error unless there is intent or gross negligence. SRL ALAIN GEMAYEL, regardless of the cause, form or subject matter of the claim in which the liability is invoked, can in no way be held liable for any consequential damages such as slight side effects which the client or third parties would suffer as a result of any error or negligence of SRL ALAIN GEMAYEL or an employee.
8.3. The liability of SRL ALAIN GEMAYEL in relation to services delivered to the client is in any case limited to either refund of the price paid by the client, or to perform the services again, at the discretion of SRL ALAIN GEMAYEL. The total liability of SRL ALAIN GEMAYEL shall never exceed the price paid by the client to SRL ALAIN GEMAYEL for the services which gave rise to the damage.
8.4. Regarding services from third party suppliers, SRL ALAIN GEMAYEL accepts no liability above or beyond the liability that the third party suppliers are prepared to accept for their products or services.
8.5. SRL ALAIN GEMAYEL does not guarantee in any way that the equipment used to provide the services will function flawlessly. SRL ALAIN GEMAYEL cannot be held liable for any damage that would result from a possible faulty or interrupted functioning of the used equipment.
9.1. Intellectual Property Rights means: all intellectual, industrial and other property rights (whether registered or not), including but not limited to copyrights, neighbouring rights, brands, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, applications for patents, domain names, know-how, as well as rights to databases, computer programs.
10.1.1. In general, SRL ALAIN GEMAYEL is only bound to an obligation of effort and not an obligation to achieve a certain result when executing the services.
10.1.4. The services provided by SRL ALAIN GEMAYEL can always be used as a reference by third parties and on the own website of SRL ALAIN GEMAYEL and its affiliated companies.
10.2. Hosting services and domain names
10.2.1. For hosting and domain names, SRL ALAIN GEMAYEL cooperates with a specialized hosting partner. A description of the hosting services and the liability of this partner is included in the Service Level Agreement (SLA) of this hosting partner. This SLA can be adapted or changed by the hosting partner. The client understands and accepts that temporary interruptions of any internet services can occur and that the guarantee of the uptime percentage is determined and pursued by the hoster and not by SRL ALAIN GEMAYEL itself. In no case SRL ALAIN GEMAYEL can be held liable for possible damage that could be caused by such interruptions. Nor will such interruptions give right to any form of compensation from the client.
Customer data will in any event be deleted from our systems after a period of two years after the termination of the agreement, except in the case of such personal data which we are obliged to retain for a longer period on the basis of specific legislation or in the case of ongoing litigation for which the personal data is still necessary.
12.1. Force majeure situations such as strikes, public unrest, administrative measures and other unexpected events beyond the control of SRL ALAIN GEMAYEL, release SRL ALAIN GEMAYEL from its obligations for the duration of the nuisance and for their consequences, without entitlement to any price reduction or compensation for the client.
13.1. If one of the articles of these general terms and conditions proves to be null and void, the parties agree to replace this provision with a valid provision which corresponds as closely as possible to the intention and scope of the void provision. This replacement provision shall then be applicable.
14.1. Belgian law is applicable to the agreements of SRL ALAIN GEMAYEL. Any dispute with regard to the conclusion, validity, execution and/or termination of this agreement shall be settled by the competent court for the registered office of SRL ALAIN GEMAYEL.