General Terms and Conditions for Shire

These are the general terms and conditions (hereinafter: “General Terms”) of Shire, with its registered office at Hoeikensstraat 5 - UNIT 11, 2830 Willebroek, and registered in the Crossroads Bank for Enterprises (K.B.O) under number BE0794536502. (Hereinafter: “Shire”).

 

Article 1 – Scope of Application

These General Terms apply to every offer, quotation, and agreement made regarding products and/or services offered by us.
These General Terms apply to the exclusion of the customer’s general terms and conditions.

Article 2 – Quotations

Our quotations are merely indicative and non-binding and will expire if not accepted by the customer within 30 calendar days. Quotations only become legally binding upon signature of the quotation by the customer and by us. We also reserve the right to refuse certain assignments without providing a reason.

Article 3 – Price and Payment

The price for our goods/services is as stated in the quotation.
All our invoices are payable within 14 days after receipt, unless the quotation specifies a different due date. If we request a deposit, we will only commence our activities after receiving the deposit.

For any delay in payment, the customer will be liable, by operation of law and without prior notice, to pay a late interest of 1% per month started, with each commenced month considered as a full month, in addition to any damages and costs. A fixed compensation of 10% of the invoice amount, with a minimum of 250 euros, will also be owed by operation of law and without prior notice as a penalty for damages, in addition to the principal amount, interest on late payment, collection, reminder, enforcement costs, and any expenses due to time loss and judicial or legal costs. This penalty does not affect the obligation to pay the agreed late interest.

Disputes must be notified to us within five working days after the invoice is sent, by registered letter, under penalty of inadmissibility.

Article 4 – Duration of the Agreement and Termination

Our agreements can be concluded as described in our quotations. The agreement may be unilaterally terminated by us at any time, without judicial intervention, if the customer is in a state of bankruptcy or judicial settlement, or if the customer fails to pay their invoices.

Article 5 – Intellectual Property Rights

Our website, logos, texts, photos, names, and, in general, all our communications are protected by intellectual property rights, either held by us, our suppliers, or other rights holders.
Intellectual property rights include patent, copyright, trademark, design, and model rights and/or other (intellectual property) rights, including, whether or not patentable, technical and/or commercial know-how, methods, and concepts.

It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, the customer is not permitted to copy or reproduce our drawings, photos, names, texts, logos, color combinations, etc., without our prior and explicit written consent.

Article 6 – Confidentiality and Privacy

We are responsible for processing your personal data and process it in accordance with the General Data Protection Regulation (GDPR).
For more information on the processing of personal data, please refer to our Privacy & Cookie Policy.

Article 7 – Liability

We are not liable except in cases of intent or gross negligence. Furthermore, we are not liable for any direct or indirect damage (such as consequential damage, lost profit, missed savings, or damage due to business disruption) unless expressly stated in these terms and conditions. Our liability will in all cases be limited to the amount of the agreed price for the specific order (excluding VAT).

We make every effort to ensure that the website is accessible 24 hours a day, 7 days a week. However, due to the technical nature of the internet and IT systems, and the need for periodic maintenance, updates, or upgrades, we cannot guarantee uninterrupted access and service. In case of normal acceptable interruptions or disruptions in access or service, we will make every effort to remedy this within the shortest possible time. Such normal acceptable interruptions or disruptions are inherent to internet-based services and cannot be considered as shortcomings.

Article 8 – Force Majeure

In the event of force majeure, we are not required to fulfill our obligations. In such cases, we may either suspend our obligations for the duration of the force majeure or permanently terminate the agreement.

Force majeure refers to any circumstance beyond our control that prevents the fulfillment of our obligations, either partially or completely. This includes, but is not limited to, strikes, unexpected traffic jams, accidents on European roads, fire, business disruptions, energy outages, failures in (telecommunication) networks or connections, or the unavailability of the website, failure or delayed delivery by suppliers or other third parties, etc.

Article 9 – Invalidity and Completeness

These General Terms represent the entire agreement between the customer and us regarding the subject matter contained herein.
If one or more provisions of these General Terms are found to be unlawful, void, or unenforceable, in whole or in part, such provision will be considered severable from these General Terms and will not affect the validity and enforceability of the remaining provisions.

Article 10 – Jurisdiction and Applicable Law

Belgian law applies to all disputes related to or arising from our offers and/or agreements. In the event of disputes or conflicts, only the courts of the judicial district of our registered office will have jurisdiction.