General conditions

GENERAL TERMS AND CONDITIONS BOING NV

I. GENERAL

1. These general terms and conditions are applicable to all agreements concluded through the website www.boing-inflatables.com and to every distance agreement concluded between NV BOING, with registered office at 8480 Ichtegem, Fabriekweg 15 with enterprise number 0438.471.969, RPR Gent department Oostende (referred to as "BOING") and the customer.

2. Deviations to these general conditions must be expressly confirmed by BOING in writing.

II. GENERAL

1. Tenders

All offers, quotations, quotations are always without obligation and valid for a maximum period of 14 days, unless otherwise stated. Information on products, services and pricing, as well as detailed order information, are prepared and communicated subject to change and correction.

2. Prices

A. All prices quoted by BOING are in euros and are exclusive of VAT, other government levies, costs of transport and insurance, costs of installation, service and work, unless expressly agreed otherwise in writing.

B. BOING reserves the right to refuse the agreement without any reason or compensation being due.

C. Some cases involve offer prices. Offer prices are only valid for a certain period or while supplies last. These prices cannot be claimed before or after the specified period. They do not bind BOING in any way, unless the offer itself expressly and unambiguously provides to the contrary in writing. If items are discounted or promotions apply after the order, the customer cannot claim a refund of the price difference.

D. BOING is not responsible for any customs fees or taxes that may be applied after shipment.

3. Payment

A. Unless otherwise agreed in writing, payment of the total amount due by the customer must be made by the customer prior to delivery of goods, or in cash upon delivery (only possible for amounts less than 3,000.00 euros).  

B. If payment in arrears is agreed upon, payment must be received by BOING no later than 7 days after the invoice date.

C. If you choose payment upon delivery, we reserve the right to require a 70% deposit.

D. BOING is not liable for errors in the execution of the payment order.

E. When the Internet order, telephone order or email order has been confirmed by BOING, BOING will proceed to order the items you have ordered.

F. In the absence of payment within 30 days, counting from the invoice date, the invoiced amount shall be increased by operation of law and without prior notice of default or reminder by the interest on arrears. If you are a consumer within the meaning of Article I.1., 2° of the Economic Code, BOING will apply the statutory interest rate. If you are a professional customer or a company within the meaning of Article I.1, 1° of the Economic Code, BOING applies the interest rate provided for in the Act of 2 August 2002 on combating late payment in commercial transactions. In addition, the customer is obliged to pay a fixed compensation of 10% on each unpaid invoice amount, also by operation of law and without notice of default, and with a minimum of 250 euros, without prejudice to the right to prove additional damage and disadvantages, including by charging procedural costs, costs and fees paid to a lawyer in the event of judicial collection. In the event of late repayment by BOING, the same default interest and damages shall apply.

G. The non-payment of an invoice on the due date entails the immediate exigibility of all outstanding invoices, even those not due, without regard to previously authorized payment terms.

H. If the amounts owed by the customer are not paid (on time), BOING reserves the right to suspend the work until the outstanding debt is settled. In this case, the customer cannot claim damages or agreed performance deadlines. On the contrary, BOING is entitled to claim damages from the customer due to termination of the order consisting of the compensation for the services and costs provided up to the termination, more a lump sum compensation for the lost profit.

I. The application for judicial reorganization (whether amicable or judicial), cessation of payment - even not officially established - or any other fact indicating the customer's insolvency, shall have the effect of making the invoices relating to the services and goods provided immediately due and payable.

4. Cancellation

If the agreement was entered into at a fixed price, the customer may terminate it at any time upon payment to BOING of compensation equal to the services already performed, the materials already purchased and everything it could have gained from that order.

If the customer refuses the order, destroys the agreement or it cannot be executed, the customer must pay compensation of 50% of the total amount of the order.

If BOING fails to fulfill the contract, the customer is entitled to compensation similar to that which BOING may demand from him if it fails to fulfill the contract.

III. SALES

1. General

1.1. Retention of title

A. Ownership of items delivered to the customer by BOING even before receipt of payment shall not be transferred to the customer until the customer has paid BOING all that it owes BOING under the agreement, such as payment of the full price, any late payment interest still due or also all additional costs. The paid advances remain acquired by BOING as compensation for the possible losses on resale. However, the risk in respect of the items already delivered already passes to the customer at the time of delivery, even in the event of change or incorporation into other goods.

B. The customer is prohibited from selling the sold goods, pledging them to a third party or disposing of them in any way as long as the sales price has not been paid in full. In case of non-compliance with this prohibition by the customer, a fixed compensation of 50% of the sales price will be due. If the goods are nevertheless sold to a third party, the right to the resulting sales price shall take the place of the sold goods. In application of the above proFISHions, BOING shall be entitled to immediately take back the sold goods with their accessories where they are located, whereby all costs of removal, including dismantling, transport, etc. shall be at the customer's expense. The customer is obliged to inform BOING where the sold goods are located and to provide all cooperation for the removal. If this removal is prevented by any cause whatsoever through the fault of the customer, his employees or his creditors, the customer automatically owes BOING compensation amounting to € 250 per day until the day on which the goods are put into BOING's possession. All this without prejudice to BOING's prerogative that BOING will be able to invoke at its discretion.

C. BOING is entitled, if the customer is in default with the fulfilment of the payment obligation or has payment difficulties, or if, in the opinion of BOING, the payment of the outstanding invoices is uncertain, to repossess the goods delivered under retention of title that are still in the possession of the customer. Where appropriate, the customer is obliged to immediately notify the attaching bailiff and the trustee in bankruptcy of BOING's retention of title to the delivered goods.

D. By accepting these General Terms and Conditions of Delivery, the customer already now irrevocably authorizes BOING to enter the sites and buildings of the customer in order to be able to take back the delivered goods, without prejudice to BOING's right to compensation for the damage suffered by BOING.

1.2. Delivery

A. The delivery period shall always be determined by mutual agreement. Insofar as the offer provides a delivery period, this period is purely indicative and without any commitment.

B. Mention of delivery dates on the website, offers, confirmations and/or agreements are indicative and not binding, but will be observed as much as possible.

C. If the product ordered by the customer is not in stock, nor will it become available in the short term, BOING shall notify the customer. If possible, BOING shall provide the customer with an alternative item of at least equal price and quality.

D. The complete order will not be shipped until all products are ready to ship. An exception to this may be made at the express request of the customer.

E. The delivery period shall commence upon receipt by BOING of all required information regarding the execution of the order and upon payment of the advance payment. If an order and/or the execution of an order is changed at the request of the customer, the initially agreed delivery period shall only commence upon the approval of the changes made.

F. If changes are made to the delivery date and/or place and/or circumstances at the request of the customer, or if the customer has provided incorrect information to BOING, BOING shall acquire the right to charge the customer for the additional costs incurred. If the VAT changes before the delivery date, the total price shall be adjusted accordingly

G. The delivery period shall be suspended in the event of force majeure, strike, lockout, operating difficulties, etc. independent of BOING's will, both in its own workshops and those of suppliers. This shall also apply in the event of failure of transport companies, pandemic, epidemic, mobilization, war, requisitions, riots and similar events. This shall also apply if such circumstances hamper production and delivery capabilities at home and abroad. These enumerations are exemplary only.

1.3. Shipping and delivery

A. The customer must check their address details in the confirmation email for accuracy. The customer is required to notify BOING of any inaccuracies no later than 3 business days prior to the agreed delivery date. Any costs resulting from incorrect address details on the delivery note will be charged to the customer.

B. Deliveries are provided by an outside carrier who brings the goods to the threshold of the address.

C. Upon delivery by parcel service, the customer signs the parcel service's waybill before receiving his order.

D. From the moment of delivery or collection of the goods, the customer shall bear all risks related to the goods sold.

E. If the customer refuses to take immediate possession of the correct and undamaged goods offered to him, any resulting freight costs, expenses of storage, etc. shall be borne by the customer.

F. The goods are deemed to be accepted by the customer on the day of delivery, except in the event of a clearly defined and detailed complaint that must be disclosed to BOING by registered letter within 14 working days at BOING 's registered office address. The customer cannot invoke a complaint to suspend or postpone the payment of invoices or sales receipts.

G. Minor deviations in quality, quantity, width, colors, size, finish, etc. that are deemed acceptable in the trade or that are technically unavoidable cannot constitute grounds for complaints, nor can color deviations from materials and photographs on the website. If the customer himself assembles goods delivered by BOING, the customer must ascertain the good condition thereof prior to assembly. After assembly by the customer, any claims for FISHible deviations shall lapse.

H. Warranty proFISHions are valid only when the items delivered or work performed are used in accordance with their intended purpose. Injudicious use or insufficient care of the delivered goods excludes any complaint and invalidates guarantees and other warranties. Neither a customer can derive the right to replacement, repair or compensation from a discoloration of plastic, textile or fiber materials which cannot be prevented from a technical point of view or which is generally accepted according to commercial practice, nor from minor deviations of another nature.

1.4. Guarantees

A. BOING guarantees that the items delivered by BOING meet the requirements of usability, reliability and lifespan as may reasonably be expected by the parties to the agreement. Should the product purchased by the customer show any FISHible defects upon arrival, this must be reported in accordance with article III, 1.4, D of these general terms and conditions.

B. The products from BOING's assortment are delivered with a manufacturer's warranty according to the warranty proFISHions of the relevant manufacturers in accordance with Article III, 1.4, E. If the customer wishes to claim the warranty, this should preferably be reported to BOING in writing. The order form and photographs should be attached to this. The warranty only applies to normal use. The warranty only covers manufacturing defects. The warranty is degressive, and only the first 2 years are eligible for a full warranty on manufacturing defects.

C. There is no warranty in the following circumstances:

  • Regarding normal wear and tear;
  • If proof of purchase cannot be presented;
  • In case of improper use;
  • For damage caused by intentional or gross negligence;
  • In case of external calamity (e.g.: lightning strike, power failure, natural disasters, etc.);
  • In case the defect is the result of repair or other work performed by third parties.

D. The customer is obliged to investigate with due expedition after delivery of the ordered items whether BOING has properly fulfilled the agreement and is furthermore obliged to notify BOING in writing of any detected defects immediately, but at the latest within 14 working days after delivery. If you are a consumer, you must notify BOING in writing of the non-conformity of the delivered good within 2 years after the delivery of the good. If this is not done, BOING is deemed to have fulfilled its obligations under the agreement.

E. BOING gives you the following guarantee against hidden defects existing at the time of purchase: the legal guarantee period for consumers is 2 years/ the guarantee period for the professional customer is also 2 years. This guarantee starts from the date of collection or delivery.

2. Sales via web shop

2.1 Distance selling

A. All quotations of prices, specifications, photographs and/or other indications of articles and/or services are carefully displayed by BOING on the website. However, BOING cannot guarantee their accuracy. BOING is not bound by orders placed on the basis of incorrect information on the website. Certain references on the website may refer to sources of information that are offered and maintained by third parties. BOING has no control in this respect and does not accept any liability as a result of the information provided by a third party.

B. Agreements come into effect when BOING confirms the order that has been placed. This confirmation follows as soon as possible after receipt of the electronic order form sent by the customer in accordance with the order procedure as stated on the website. By placing the order, the payment obligation arises on the part of the customer. By sending the order form, the customer declares to have read and agreed to these general terms and conditions.

C. The customer (in case he is a consumer), when placing his order, expressly acknowledges that this order implies an obligation to pay.

D. An agreement between BOING and the customer shall be concluded in Dutch.

E. Order Process: We perform the following technical steps to conclude a distance contract with the customer:

  • The customer sees a detailed example of his/her chosen product;
  • If applicable, the customer can choose the desired size and color of the product;
  • The customer can then click "order" to place the product in the shopping cart;
  • If, desired, the customer can click "continue shopping" to add multiple products to the cart;
  • The customer can then click "order" again in the shopping cart screen;
  • "New" customers do not need to create an account, but are required to provide personal information when placing an order;
  • The customer can indicate which payment methods he or she prefers;
  • The customer sees an order summary of his/her products;
  • The customer proceeds to order and acknowledges his/her payment obligation by clicking on the "Checkout" button;
  • BOING confirms the purchase by sending an order confirmation by e-mail.

2.2. Prices

A. Prices listed on the website apply only to delivery of items purchased through the website. Any price changes, typographical and/or printing errors reserved.

B. Offers or quotations on this website should be considered as an invitation to potential customers to make an offer.

2.3. Payments

A. Payment by the customer is made in advance by internet payment environment available and offered via the website or manual transfers, payments by bank transfer are also made via this payment environment. In exceptional cases, the purchase amount may be paid upon delivery by PIN or cash payment, but only with the express consent of BOING.

2.4 Revocation (for consumers only).

A. The customer has the right to revoke the contract from the date of order until 14 working days after receipt of the item without giving reasons. However, this period should not be confused with an 'on trial period'. All revocations should preferably be made in writing to BOING. A model form can be found here:

https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf.

In the event of revocation, you must at least state your full name, telephone and order number. In the event of withdrawal, the item must be returned to BOING immediately and responsibly (i.e., with as little risk of damage as possible).

B. If you withdraw from the contract, you will receive back from us all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after we are informed of your decision to withdraw from the contract. We will reimburse you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such reimbursement.

You must return or hand over the goods to us without delay, but in any event no later than 14 days from the day on which you communicate the decision to withdraw from the contract to us. You are in time if you return the goods before the period of 14 days has expired.

The direct costs of returning the goods shall be borne by you. If, due to their nature, the goods cannot be returned by normal mail, the goods can be picked up by BOING's delivery service. In that case, the direct costs of returning the goods will be at your expense. The costs are estimated at maximum 250 euros (incl. VAT) per pallet shipment and this within Belgium. For multiple pallet shipments, the maximum amount is multiplied by the number of pallets.

C. You are only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods (non-exhaustive: the returned goods are not complete or not in their original condition, the items are used, dirty or damaged,...). In this case, BOING will be entitled to compensation corresponding to the actual damage suffered by BOING.

3. Custom sales 

3.1 Copyrights

A. The copyright and the right of drawing/model tav the models, sketches, graphic designs, photographs, logos and other creations designed by BOING, as well as with respect to the copies of the product produced thereafter, shall belong exclusively to BOING, unless otherwise agreed upon in writing, with the prohibition of imitation, emphasis or modification.

B. Unless otherwise agreed in writing, the materials provided to the customer, such as models, sketches, graphic designs, photographs, logos and other creations, shall remain the property of BOING.

C. BOING reserves the right to use the final results of projects and/or names of clients for publicity purposes, as well as the right to include its name or logo on the final results of projects, unless expressly agreed otherwise in writing.

3.2 Guarantees

A. BOING guarantees that the good delivered was designed by or on its behalf, that it is considered the creator within the meaning of the Copyright Act and can dispose of the work as the copyright owner.

B. BOING respects existing copyrights and statutory copyright holders. BOING guarantees that the execution of the final delivered designs will not infringe any third party copyright unless specifically stated and agreed upon with the client. In such case, the client agrees to legally indemnify BOING (and its employees and any subcontractors) from any liability with respect to third party copyright claims that may arise.

C. The customer warrants that any supplied images or designs used by BOING in performance of the order do not infringe any third party copyright. Client agrees to hold BOING and its business associates harmless from any legal liability with respect to third party copyright claims that may arise in connection with BOING's contributions to the performance of the assignment.

3.3 Liability

A. BOING does not accept any liability for incorrectly provided information. The customer indemnifies BOING for claims regarding copyrights on materials provided by the customer, which are used in the execution of the order.

B. BOING can never be held liable for errors in the text or design, if the customer has checked and approved. The customer bears the risk of misunderstandings/errors regarding the execution of the agreement due to actions of the customer, such as failure to provide complete, sound and clear data in a timely manner or at all.

3.4 Cancellation and revocation

Since the goods were manufactured specifically for the customer according to his/her specifications, the customer cannot invoke a cancellation or revocation of the contract.

IV. REFISHIONS

1. Lien

BOING may exercise a lien on the goods presented for repair if and for as long as the customer fails to pay the costs of the work performed on the good in question or fails to pay them in full and/or the customer fails to pay the costs of previous work performed by BOING on the same good or fails to pay them in full and/or the customer fails to pay other claims arising from the contractual relationship with BOING or fails to pay them in full, including any damages, interest and costs.

2. Delivery and collection

2.1 The good to be repaired must be delivered disassembled to the BOING branch at Fabriekweg 15 - 8480 Eernegem.

2.2 If the good to be repaired is not collected from BOING's branch at Fabriekweg 15 - 8480 Eernegem within 2 working days from the time BOING has notified the customer in writing that it is ready, the costs and risks of storage shall be borne by the customer. A fixed storage fee of 150 euros per day will be charged for this purpose.

 

 

 

V. COMPLAINTS OR DISPUTES

1. Complaints or disputes must be disclosed by registered letter addressed to the registered office of BOING within 14 working days after delivery.

2. In case the complaint is found to be justified BOING's liability is limited to the exchange of the goods if the item is in stock. If the items cannot be exchanged for the justified complaint they will be refunded including the shipping costs. Any liability of BOING is limited to the actual amount paid for the non-conforming order.

VI. TRANSFER

1. If, before or during the performance of the agreement, it appears that (further) performance of the agreement is not possible for BOING due to force majeure, BOING shall be entitled to suspend the performance of the agreement or to dissolve the agreement, without being obliged to pay any damages at that time.

2. Force majeure shall be any circumstance beyond the control of BOING, as a result of which the normal performance of the agreement is prevented, in particular strikes, severe weather conditions, lock-out, fire, machinery breakdown, accidents, social conflicts, epidemics, pandemics, wars, acts of war, acts of war, fire and water damage, defects to machinery, operational failures, energy failures, hindrance or delay in the transport of materials or goods to be delivered, the absence of any government permit, government measures as well as the consequences thereof, disturbances in a (telecommunications) network or connection or communication systems used and/or the unavailability of the internet site at any time. Also considered force majeure is the failure of BOING's suppliers to fulfill their obligations or to do so in a timely manner, and in general all other events beyond BOING's control.

VII. LIABILITY

1. BOING is never liable for direct or indirect damage, business and/or stagnation damage, including delays in the delivery of goods and/or completion of the work, caused by defects in the goods delivered and/or work performed by BOING, except in the event of intent and/or gross negligence on BOING's part.

2. BOING's liability shall at all times be limited to the invoice value. However, BOING cannot be held liable for the works performed by a subcontractor.With regard to professional customers, BOING shall never be obliged to pay any compensation for damage of whatever nature and due to whatever cause, higher than the total amount of the transaction between BOING and the professional customer.

3. If and insofar as BOING will not be able to invoke any exoneration, it shall only be obliged to compensate damage up to the amount for which its liability insurance provides coverage.

4. Damage incurred must be notified to us by registered letter to our registered office; BOING within a period of 14 working days after the damage occurred.

VIII. GDPR

BOING and the customer acknowledge that the processing of personal data relating to an identified or identifiable natural person is subject to Regulation (EU) 2016/679 ("GDPR") and the privacy policy. For all questions and inquiries, please contact info@boingnv.be.

IX. CHALLENGES AND EVIDENCE

1. Belgian law is applicable to all agreements and legal relationships to which these general terms and conditions apply and only the courts of the judicial district where BOING has its registered office have jurisdiction.

2. Both BOING and the customer accept electronic communication (e.g., e-mail) as evidence.