Terms and Conditions

BOING NV TERMS AND CONDITIONS

 I. GENERAL

1. These general terms and conditions apply to all agreements entered into via the website www.boing-inflatables.com and to any distance contract concluded between NV BOING, with its registered office at 8480 Ichtegem, Fabriekweg 15, with company number 0438.471.969, registered in the Ghent Commercial Register, Ostend Division (hereinafter referred to as “BOING”), and the customer.  

2. Any deviations from these general terms and conditions must be expressly confirmed in writing by BOING.

II. GENERAL

1. Quotes

All offers, quotations, and price estimates are always non-binding and valid for a maximum of 14 days, unless otherwise stated. Information regarding products, services, and pricing, as well as detailed order information, is provided subject to change and correction.

2. Prices

A. All prices quoted by BOING are in euros and do not include VAT, other government taxes, transportation and insurance costs, or installation, service, and labor costs, unless otherwise expressly agreed in writing.

B. BOING reserves the right to refuse the agreement without providing a reason or being liable for damages.

C. In some cases, promotional prices may apply. Promotional prices are valid only for a limited time or while supplies last. No claim may be made to these prices either before or after the specified period. They are not binding on BOING in any way, unless the quotation itself expressly and unambiguously states otherwise in writing. If items are discounted or promotions apply after the order is placed, the customer cannot claim a refund of the price difference.

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

3. Payment

A. Unless otherwise agreed in writing, the customer must pay the total amount due prior to delivery of the goods, or in cash upon delivery (only possible for amounts under 3,000.00 euros).  

B. If payment after delivery has been agreed upon, BOING must receive payment no later than 7 days after the invoice date.

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

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

E. Once BOING has confirmed your online, phone, or email order, BOING will proceed to order the items you have selected.

F. In the event of non-payment within 30 days of the invoice date, the invoiced amount shall automatically be increased by late payment interest without any prior notice of default or reminder. If you are a consumer within the meaning of Article I.1, 2° of the Economic Law Code, BOING will apply the statutory interest rate. If you are a business customer or company within the meaning of Article I.1., 1° of the Economic Law Code, BOING will apply the interest rate provided for in the Law of August 2, 2002, on combating late payment in commercial transactions. In addition, the customer is obligated to pay a fixed compensation of 10% on any unpaid invoice amount, also by operation of law and without notice of default, with a minimum of 250 euros, without prejudice to the right to prove further damages and losses, including through the charging of legal costs, costs, and fees paid to a lawyer in the event of legal collection. In the event of late payment by BOING, the same late payment interest and indemnity clauses apply.

G. Failure to pay an invoice by the due date shall result in all outstanding invoices, including those not yet due, becoming immediately due and payable, regardless of any previously agreed payment terms.

H. In the event of failure to pay (on time) the amounts owed by the customer, BOING reserves the right to suspend work until the outstanding debt has been settled. In this case, the customer may not claim damages or rely on agreed performance deadlines. On the contrary, BOING has the right to claim damages from the customer due to the termination of the contract, consisting of compensation for the services rendered and costs incurred up to the termination, plus a lump-sum compensation for lost profits.

I. Any application for judicial reorganization (whether through mutual agreement or judicial proceedings), suspension of payments—even if not officially declared—or any other circumstance indicating the customer’s insolvency shall result in the invoices for the services and goods provided becoming immediately due and payable.

4. Cancellation

If the agreement was entered into at a fixed price, the customer may terminate it at any time, provided that BOING is paid compensation equal to the services already performed, the materials already purchased, and any profits BOING could have earned from that order.

If the customer refuses the order, rescinds the agreement, or if the order cannot be fulfilled, the customer must pay liquidated damages equal to 50% of the total amount of the order.

If BOING fails to perform under the agreement, the customer is entitled to compensation similar to that which BOING may claim from the customer if the customer fails to perform under the contract.

III. SALES

1. General

1.1. Retention of Title

A. Ownership of items delivered by BOING to the customer prior to receipt of payment shall not pass to the customer until the customer has paid BOING all amounts owed under the agreement, including the full price, any late payment interest still due, and all additional costs. Any advance payments made shall be retained by BOING to cover potential losses on resale. However, the risk regarding the items already delivered shall pass to the customer at the time of delivery, even in the event of alteration or incorporation into other goods.

B. The customer is prohibited from selling the goods, pledging them to a third party, or disposing of them in any way until the purchase price has been paid in full. In the event of the customer’s failure to comply with this prohibition, a fixed compensation of 50% of the sales price shall 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 goods sold. Pursuant to the above provisions, BOING has the right to immediately reclaim the sold goods and their accessories wherever they are located, with all costs of removal—including disassembly, transportation, etc.—being borne by the customer. The customer is obligated to inform BOING of the location of the sold goods and to provide full cooperation for their removal. If this removal is prevented for any reason whatsoever by the customer, their agents, or their creditors, the customer shall be liable to BOING by operation of law for damages in the amount of €250 per day until the day the goods are placed in BOING’s possession. All of the foregoing is without prejudice to BOING’s right of retention, which BOING may exercise at its discretion.

C. BOING is entitled, if the customer is in defaultof payment or is experiencing financial difficulties, or if, in BOING’s opinion, payment of the outstanding invoices is uncertain, to repossess the goods delivered under retention of title that are still in the customer’s possession. In such cases, the customer is obligated to immediately notify the bailiff conducting the seizure 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 hereby irrevocably authorizes BOINGto enter the customer’s premises and buildings in order to retrieve the delivered goods, without prejudice to BOING’s right to compensation for any damages incurred by BOING.

1.2. Delivery

A. The delivery time is always determined by mutual agreement. To the extent that the quotation specifies a delivery time, such time is purely indicative and non-binding.

B. Delivery times stated on the website, in offers, confirmations, and/or agreements are approximate and non-binding, but will be adhered to as much as possible.

C. If the product ordered by the customer is out of stock and will not be available in the near future, BOING will notify the customer. If possible, BOING will provide the customer with an alternative item of at least equal price and quality.

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

E. The delivery period begins upon BOING’s receipt of all information required for the performance of the order and upon payment of the advance. If an order and/or the performance of an order is modified at the customer’s request, the originally agreed delivery period shall not begin until the modifications have been approved.

F. If, at the customer’s request, changes are made to the delivery date and/or place and/or conditions, or if the customer has provided BOING with incorrect information, BOING reserves the right to charge the customer for any additional costs incurred. If the VAT rate changes prior to the delivery date, the total price will be adjusted accordingly.

G. The delivery period shall be suspended in the event of force majeure, strikes, lockouts, operational difficulties, etc., beyond BOING’s control, whether at its own facilities or those of its suppliers. This also applies in the event of disruptions affecting transportation companies, pandemics, epidemics, mobilization, war, requisitioning, riots, and similar events. This also applies if such circumstances hinder production and delivery capabilities both domestically and abroad. These examples are merely illustrative.

1.3. Shipping and Delivery

A. The customer must verify that the address information in the confirmation email is correct. The customer is required to notify BOING of any inaccuracies no later than 3 business days before the agreed-upon delivery date. Any costs resulting from incorrect address information on the delivery slip will be charged to the customer.

B. Deliveries are handled by an external carrier, which delivers the goods to the doorstep of the address.

C. Upon delivery by the courier service, the customer must sign the courier’s delivery receipt to confirm receipt of the order.

D. From the moment the goods are delivered or picked up, the customer assumes all risks associated with the goods sold.

E. If the customer refuses to accept the correct and undamaged goods offered to them immediately, any resulting freight charges, storage costs, and similar expenses shall be borne by the customer.

F. The goods are deemed to have been accepted by the customer on the day of delivery, except in the event of a clearly defined and detailed complaint, which must be submitted to BOING by certified mail within 14 business days to the address of BOING’s registered office. The customer may not invoke a complaint to suspend or defer payment of invoices or sales receipts.

G. Minor deviations in quality, quantity, width, color, size, finish, etc., that are considered acceptable in the trade or are technically unavoidable, do not constitute grounds for complaints, nor do color differences between materials and the photos on the website. If the customer installs items delivered by BOING themselves, the customer must verify their good condition prior to installation. Once the customer has completed installation, any claim regarding visible deviations is forfeited.

H. Warranty provisions apply only if the delivered goods or work performed are used in accordance with their intended purpose. Improper handling of or insufficient care for the delivered goods precludes any claim and voids all warranties and other guarantees. Neither discoloration of plastic, textiles, or fiber materials that is technically unavoidable or generally accepted according to commercial practices, nor minor deviations of any other nature, entitles a customer to replacement, repair, or compensation.

1.4. Warranties

A. BOING warrants that the items delivered by BOING meet the requirements of usability, reliability, and durability that the parties to the agreement may reasonably expect. If the product purchased by the customer exhibits visible defects upon arrival, this must be reported in accordance with Article III, 1.4, D of these general terms and conditions.

B. Products from the BOING range are supplied with a manufacturer’s warranty in accordance with the warranty terms of the respective manufacturers, as set forth in Article III, 1.4, E. If the customer wishes to make a warranty claim, this should preferably be reported to BOING in writing. The order form and photographs must be included. The warranty applies solely to normal use. The warranty applies solely to manufacturing defects. The warranty is degressive, and full coverage for manufacturing defects is only available for the first 2 years.

C. The warranty does not apply in the following circumstances:

  • With regard to normal wear and tear;
  • If no proof of purchase can be provided;
  • If used improperly;
  • In the event of damage caused by willful misconduct or gross negligence;
  • In the event of external causes of damage (e.g., lightning strikes, power outages, natural disasters, etc.);
  • If the defect is the result of repair work or other work performed by third parties.

D. The customer is obligated to inspect the delivered items with due diligence immediately upon delivery to determine whether BOING has properly fulfilled the agreement, and is further required to notify BOING in writing of any defects discovered without delay, but no later than 14 business days after delivery. If you are a consumer, you must notify BOING in writing of the non-conformity of the delivered goods within 2 years of delivery. If this is not done, BOING will be deemed to have fulfilled its obligations under the agreement.

E. BOING provides the following warranty against hidden defects existing at the time of purchase: the statutory warranty period for consumers is 2 years; the warranty period for business customers is also 2 years. This warranty takes effect on the date of pickup or delivery.

2. Sales through the online store

2.1 Distance Selling

A. All prices, specifications, photos, and/or other descriptions of products and/or services are carefully displayed on the website by BOING. However, BOING cannot guarantee their accuracy. BOING is not bound by orders placed based on incorrect information appearing on the website. Certain links on the website may refer to information sources provided and maintained by third parties. BOING has no control over these and accepts no liability in this regard for information provided by a third party.

B. Contracts are formed when BOING confirms the order placed. This confirmation will be sent as soon as possible following receipt of the electronic order form submitted by the customer in accordance with the ordering procedure described on the website. By placing the order, the customer becomes obligated to pay. By submitting the order form, the customer declares that they have read and agree to these terms and conditions.

C. By placing an order, the customer (if the customer is a consumer) expressly acknowledges that the order entails an obligation to pay.

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

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

  • The customer sees a detailed preview of the product they have selected;
  • If applicable, the customer can select the desired size and color of the product;
  • The customer can then click “Order” to add the product to the shopping cart;
  • If desired, the customer can click “Continue Shopping” to add more items to the shopping cart;
  • The customer can then click “Order” again on the shopping cart screen;
  • “New” customers do not need to create an account, but they must provide their personal information when placing an order;
  • The customer can indicate which payment methods they prefer;
  • The customer sees an order summary of his or her products;
  • The customer proceeds to checkout and acknowledges their obligation to pay by clicking the “Checkout” button;
  • BOING confirms the purchase by sending an order confirmation via email.

2.2. Prices

A. The prices listed on the website apply exclusively to the delivery of items purchased through the website. Prices are subject to change, and we reserve the right to correct any typographical or printing errors.

B. The offers or quotations on this website should be regarded as an invitation to potential customers to make an offer.

2.3. Payments

A. The customer must pay in advance via the online payment platform available and offered through the website, or by manual bank transfer; payments made by bank transfer are also processed through this payment platform. In exceptional cases, the purchase amount may be paid upon delivery by debit card or cash, but only with BOING’s express consent.

2.4 Right of Withdrawal (for consumers only)

A. The customer has the right to cancel the contract without giving any reason from the date of order up to and including 14 business days after receiving the item. However, this period should not be confused with a “trial period.” All cancellations should preferably be submitted in writing to BOING. A sample form can be found here:

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

In the event of a cancellation, you must provide your full name, phone number, and order number. In the event of a cancellation, the item must be returned to BOING immediately and in a responsible manner (i.e., with as little risk of damage as possible).

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

You must return or hand over the goods to us without delay, and in any event no later than 14 days after the day on which you notified us of your decision to cancel the contract. You are considered to have met the deadline if you return the goods before the 14-day period has expired.

You are responsible for the direct costs of returning the goods. If, due to their nature, the goods cannot be returned by regular mail, they can be picked up by BOING’s delivery service. In that case, you are responsible for the direct costs of returning the goods. The costs are estimated at a maximum of 250 euros (including VAT) per pallet shipment within Belgium. For multiple pallet shipments, the maximum amount is multiplied by the number of pallets.

C. You are only liable for any loss in value of the goods resulting from their use beyond what is necessary to determine the nature, characteristics, and functioning of the goods (including, but not limited to: the returned goods are incomplete or not in their original condition, the items are used, soiled, or damaged, etc.). In this case, BOING shall be entitled to compensation corresponding to the actual damage suffered by BOING.

3. Customized Sales 

3.1 Copyright

A. All copyrights and design rights pertaining to the models, sketches, graphic designs, photographs, logos, and other creations designed by BOING, as well as to any subsequent copies of the product, are exclusively owned by BOING, unless otherwise agreed in writing, and any reproduction, reprinting, or modification is prohibited.

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

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

3.2 Warranties

A. BOING warrants that the delivered goods were designed by or on behalf of it, that it qualifies as the author within the meaning of the Copyright Act, and that it has the right to dispose of the work as the copyright holder.

B. BOING respects existing copyrights and legitimate copyright holders. BOING guarantees that the implementation of the final delivered designs does not infringe upon the copyrights of third parties unless specifically stated and agreed upon with the client. In that case, the client agrees to indemnify BOING (and its employees and any subcontractors) against any liability arising from copyright claims by third parties that may arise.

C. The customer warrants that any images or designs provided and used by BOING in the performance of the assignment do not infringe the copyrights of third parties. The customer agrees to indemnify BOING and its business partners against any legal liability arising from third-party copyright claims that may arise in connection with BOING’s contributions to the performance of the assignment.

3.3 Liability

A. BOING accepts no liability whatsoever for incorrectly provided information. The customer shall indemnify BOING against any claims regarding copyrights to materials provided by the customer that are used in the performance of the order.

B. BOING shall not be held liable for errors in the text or design if the customer has reviewed the work and given its approval. The customer bears the risk of misunderstandings or errors regarding the performance of the agreement resulting from the customer’s actions, such as the failure to provide complete, accurate, and clear information in a timely manner.

3.4 Cancellation and Withdrawal

Since the goods were manufactured specifically for the customer according to his or her specifications, the customer cannot cancel or rescind the contract.

IV. REPAIRS

1. Right of retention

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

2. Delivery and Pickup

2.1 The item to be repaired must be delivered disassembled to the BOING facility at Fabriekweg 15 – 8480 Eernegem.

2.2 If the item to be repaired is not picked up at BOING’s location at Fabriekweg 15 – 8480 Eernegem within 2 business days of the time BOING notified the customer in writing that it is ready, the costs and risks of storage shall be borne by the customer. A flat-rate storage fee of 150 euros per day will be charged for this.

 

 

 

V. COMPLAINTS OR DISPUTES

1. Complaints or disputes must be submitted by certified mail addressed to BOING’s registered office within 14 business days of delivery.

2. If the complaint is found to be valid, BOING’s liability is limited to exchanging the goods, provided the item is in stock. If the items subject to the valid complaint cannot be exchanged, they will be refunded, including shipping costs. BOING’s liability is limited to the actual amount paid for the non-compliant order.

VI. FORCE MAJEURE

1. If, prior to or during the performance of the agreement, it becomes apparent that BOING is unable to perform the agreement (further) due to force majeure, BOING shall be entitled, without being liable for any damages, to suspend performance of the agreement or to terminate the agreement.

2. Force majeure shall include any circumstance beyond BOING’s control that prevents the normal performance of the agreement, including, but not limited to, strikes, severe weather, lockouts, fire, machinery breakdown, accidents, labor disputes, epidemics, pandemics, wars, acts of war, fire and water damage, machinery malfunctions, operational disruptions, power outages, obstruction or delay in the transport of materials or goods to be delivered, the absence of any permit required by government authorities, government measures and their consequences, disruptions in a (telecommunications) network or connection or in the communication systems used, and/or the unavailability of the website at any time. Force majeure also includes the failure of BOING’s suppliers to fulfill their obligations, or their failure to do so in a timely manner, and, in general, all other events beyond BOING’s control.

VII. LIABILITY

1. BOING shall never be liable for any direct or indirect damage, loss of business, and/or loss of profits, including delays in the delivery of goods and/or completion of the work, arising from defects in the delivered goods and/or work performed by BOING, except in cases of willful misconduct and/or gross negligence on the part of BOING.

2. BOING’s liability is limited at all times to the invoice amount. However, BOING cannot be held liable for work performed by a subcontractor. With respect to professional customers, BOING shall never be obligated to pay any compensation for damages of any kind or arising from any cause in excess of the total amount of the transaction between BOING and the professional customer.

3. If and to the extent that BOING is unable to invoke any defense, it shall be liable only for damages up to the amount covered by its liability insurance.

4. Any damage incurred must be reported to us by registered mail to our registered office, BOING, within 14 business days of the damage occurring.

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 any questions or further information, please contact us at info@boingnv.be.

IX. DISPUTES AND EVIDENCE

1. All agreements and legal relationships to which these general terms and conditions apply shall be governed by Belgian law, and the courts of the judicial district in which BOING has its registered office shall have exclusive jurisdiction.

2. Both BOING and the customer accept electronic communications (e.g., email) as evidence.