- Seaquest bv: Seaquest bv, based in Zaventem under No. BE0835107939.
- Customer: the person with whom Seaquest has entered into an agreement.
- Parties: Seaquest bv and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Terms and Conditions applicable
- These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Seaquest e.g.
- The parties may only deviate from these terms if they have agreed to do so expressly and in writing.
- Parties expressly exclude the applicability of additional and/or different terms and conditions from the customer or from third parties.
- All prices used by Seaquest bv are in euros, include VAT and exclude any other costs such as administration fees, charges and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
- All prices on which Seaquest bv applies for its products or services, on its website or that have otherwise been disclosed, seaquest bv may change at any time.
- Increases in the cost prices of products or parts thereof, which Seaquest e.g. could not foresee at the time of the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of legislation.
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Failure to pay for consequences on time
- If the customer does not pay within the agreed time limit, Seaquest bv is entitled to charge an interest rate of 1 per month from the day the customer is in default, with a part of a month being charged for a whole month.
- In addition, if the customer is in default, he is liable for out-of-court collection costs and any damages to Seaquest bv.
- The collection costs are calculated on the basis of the Decision compensation for out-of-court collection costs.
- If the customer does not pay on time, Seaquest e.g. may suspend his obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Seaquest bv’s claims on the customer are immediately payable.
- If the customer refuses to cooperate in the implementation of the agreement by Seaquest bv, he is still obliged to pay the agreed price to Seaquest bv.
Right of advertising
- As soon as the customer is in default, Seaquest bv is entitled to invoke the right of advertising in respect of the unpaid products delivered to the customer.
- Seaquest bv insequestes the right of advertising by means of a written or electronic communication.
- Once the customer has been informed of the right of advertising invoked, the customer must use the products where this
- As soon as the customer has been informed of the right of advertising invoked, the customer must immediately return the products to which this right relates to Seaquest bv, unless the parties make other arrangements.
- The costs of recovering or bringing the products are borne by the customer.
Right of withdrawal
- A consumer can disse submit an online purchase for a cooling-off period of 14 days without giving a reason provided that: the product has not been used
it is not a product that can quickly spoil, such as food or flowers
it is not a product specially made or adapted for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
the product is not a trip, transport ticket, catering assignment or form of leisure
the product is not a loose magazine or loose newspaper
it does not involve (emergency repair orders)
the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 shall start:
the day after the consumer has received the last product or component of 1 order as soon as the consumer receives the first product
received a subscription
as soon as the consumer has taken a service for the first time
once the consumer has confirmed that he is going to purchase digital content over the Internet
- The consumer may make his appeal to the right of withdrawal known by email@example.com, if desired, by means of the withdrawal form which can be downloaded via the Seaquest e.g. website, www.seaquest.eu.
- The consumer is obliged to return the product to Seaquest bv within 14 days of the declaration of his right of withdrawal, in the absence of which his right of withdrawal will be waived.
- The cost of returns will only be borne by Seaquest e.g. if the full order is returned.
- If, according to the law, the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement, Seaquest will reimburse the consumer within 14 days of receipt of the timely revocation fee, provided that the consumer has returned the product to Seaquest bv in good time.
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any undertaking resulting from this agreement.
- Seaquest bv can invoke his right of retention and in that case keep products of the customer under itself, until the customer has paid all outstanding accounts in respect of Seaquest bv, unless the customer has provided sufficient security for those costs.
- The retention right also applies on the basis of previous agreements from which the customer still owes payments to Seaquest bv.
- Seaquest bv is never liable for any damage that the customer may suffer as a result of using his retention right.
Unless the customer is a consumer, the customer waives his right to settle a debt owed to Seaquest bv with a claim against Seaquest bv.
1. Seaquest bv will remain the owner of all delivered products until the customer has fully complied with all his
- Seaquest bv will remain the owner of all products delivered until the customer has fully complied with all his payment obligations to Seaquest bv under any agreement concluded with Seaquest bv, including claims relating to the failure to comply.
- Until then, Seaquest bv can rely on its reservation of ownership and take back the business.
- Before the ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise object to the products.
- If Seaquest bv invoke its reservation of ownership, the contract is considered dissolved and Seaquest e.g. has the right to claim damages, foregone profits and interest.
- Delivery takes place as long as the stock lasts.
- Delivery takes place at Seaquest bv, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Seaquest bv has the right to suspend its obligations until the agreed part is still fulfilled.
- In the event of late payment, there is a creditor’s default, with the result that the customer cannot prevent a late delivery to Seaquest bv.
- The delivery times specified by Seaquest bv are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless the parties have agreed otherwise expressly and in writing.
- The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from Seaquest bv.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the contract, unless Seaquest cannot deliver bbvvba within 14 days of being notified in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products he has ordered can take place in a timely manner.
Transport costs are at the customer’s expense, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have to draw a note from the forwarder or delivery person, in the absence of which Seaquest bv cannot be held liable for any damage.
- If the customer himself is responsible for the transport of a product, he must report any visible damage to products or packaging prior to transport to Seaquest bv, in the absence of which Seaquest bv cannot be held liable for any damage.
- If the customer purchases ordered products only later than the agreed delivery date, the risk of a possible loss of quality is entirely for the customer.
- Any additional costs due to premature or late purchase of products will be entirely at the customer’s expense.
1. The product warranty shall apply only to defects caused by faulty manufacturing, construction or material.
2. The guarantee shall not apply in the case of normal wear and tear and damage caused by accidents,
- The warranty shall not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, and where the cause of the defect cannot be clearly established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and/or factually delivered, at least in the power of the customer or from a third party receiving the product for the benefit of the customer.
The customer protects Seaquest bv against all claims of third parties related to the products and/or services provided by Seaquest bv.
- The customer should investigate a product or service provided by Seaquest bv as soon as possible for any shortcomings.
- If a product or service provided does not comply with what the customer could reasonably expect from the contract, the customer should inform Seaquest, for example, as soon as possible, but at least within one month of finding the deficiencies.
- Consumers should inform Seaquest e.g. no later than 2 months after finding the deficiencies.
- The customer gives as detailed a description as possible of the deficit-making, so that Seaquest bv is able to respond adequately to this.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- In any case, if a complaint relates to ongoing work, it cannot lead to Seaquestbvba being able to carry out any work other than that agreed.
- The customer must make a written statement to Seaquest bv.
- It is the customer’s responsibility that a default seaquest bv actually reaches (timely).
Customer’s subscribed liability
If Seaquest, for example, enters into an agreement with several customers, each of them is several and more liable for the full amounts they owe to Seaquest bv under that agreement.
Liability Seaquest bv
- Seaquest bv is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intentional or deliberate recklessness.
- If Seaquest bv is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- Seaquest bv is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damage to third parties.
- If Seaquest bv is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and only approximately and cannot lead to compensation and/or (partial) termination of the contract and/or suspension of any obligation.
Any right of the customer to damages from Seaquest bv expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
- The customer has the right to terminate the contract if Seaquest bv attributably fails to fulfil its obligations, unless that shortcoming, given its special nature or small significance, does not justify the dissolution.
- If the fulfilment of seaquest’s obligations is not permanently or temporarily impossible, then dissolution can only take place after Seaquest bv is in default.
- Seaquest bv has the right to terminate the agreement with the customer if the customer does not fully or not comply with his obligations under the agreement in good time, or if Seaquest bv has taken note of circumstances that give him good ground to fear that the customer will not be able to properly fulfil his obligations.
- In addition to Article 6:75 Civil Code, a failure of Seaquest bv in the fulfilment of any obligation to the customer cannot be attributed to Seaquest bv in any of the wishes of Seaquest e.g. independent situation, thereby preventing all or part of the fulfilment of its obligations to the customer or thus preventing the fulfilment of its obligations in reasonableness from Seaquest eg.
- The force majeure situation referred to in paragraph 1 shall also include – but not exclusively – a state of emergency (such as civil war, riots, riots, natural disasters, etc.); failure and force majeure of suppliers, delivery drivers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises which prevents Seaquest e.g. 1 or more of its obligations to the customer, those obligations will be suspended until Seaquest e.g. can meet them again.
- From the time a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
- Seaquest bv does not owe any (damage) compensation in a force majeure situation, even if it enjoys some advantage as a result of the force majeure situation.
Change in terms and conditions
- Seaquest bv is entitled to amend or supplement these terms and conditions.
- Changes of minor importance can be made at any time.
- Seaquest will discuss major substantive changes with the customer as much as possible in advance.
- Consumers are entitled to terminate the contract in the case of a substantial change in the terms and conditions.
Transfer of rights
- Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Seaquest e.g.
- This provision shall be considered as a clause having legal effect as referred to in Article 3:83, second paragraph, Civil Code.
Consequences nullity or nullity
- If one or more provisions of these terms and conditions prove to be insemiss or destructive, this does not affect the other terms and conditions of these conditions.
- In that case, a provision which is insequept or annulable shall be replaced by a provision closest to what Seaquest, for example, envisioned in terms of the conditions in that respect.
Applicable law and competent court
- Any agreement between the parties is limited to Belgian law.
- The court in the district where Seaquest bv is located has exclusive jurisdiction to take note of any disputes between the parties, unless the law requires otherwise.
Prepared on 22 May 2020.