ARTICLE 1. Applicability
The delivery of the services of MEMORIAL VAN DAMME VZW, based on the following terms, excluding written discrepancies between the parties and without prejudice to any special conditions agreed in a separate agreement.
They take precedence over any contrary and conflicting conditions of the customer, even if these are communicated afterwards.
These conditions take precedence over and are supplemented by the terms stated on the invoice MEMORIAL VAN DAMME VZW.
They are deemed to have been accepted by the client unless written and registered protest is lodged within five calendar days of receipt. Any invalidity of any of these provisions will not affect the applicability of the other provisions.
ARTICLE 2. Unilateral change
MEMORIAL VAN DAMME VZW holds the right to amend these terms and conditions unilaterally. The customer will be notified in writing. The customer has the right to terminate the agreement free of charge within 30 days of notification of this change. If not, he will be deemed to agree to the amended terms and conditions.
ARTICLE 3. Order - offer
Only a written offer by the MEMORIAL VAN DAMME VZW is valid. The validity of the offer is limited to 30 days. The agreement is made only after acceptance of the order of the customer by MEMORIAL VAN DAMME VZW.
ARTICLE 4. Intellectual property
MEMORIAL VAN DAMME VZW remains the sole holder of the intellectual property rights for its creations and organizations.
Any delivery remains the property of MEMORIAL VAN DAMME VZW until the moment of full payment of the price.
ARTICLE 5. Price
The prices invoiced by the MEMORIAL VAN DAMME VZW, are in euros and exclude taxes. The prices are exclusive of VAT, unless explicitly stated otherwise. The exchange risk is borne by the customer.
When a price increase occurs of certain products outside of the control of MEMORIAL VAN DAMME VZW, prices can be adjusted accordingly.
ARTICLE 6. Payment
The service must always be paid in advance and this through the online payment system. The order is only valid after payment of the full amount.
MEMORIAL VAN DAMME VZW claims to have taken full and appropriate care and thus acts as a normal and careful online seller. Any theft cannot therefore be invoked against it.
ARTICLE 7. Right of withdrawal
The services covered by the services referred to in Art. VI, 53, 12 ° WER of which the right of withdrawal is excluded.
ARTICLE 8. Cancellation
Any cancellation of the order by the customer must be in writing. It is only valid if when written acceptance has been sent by MEMORIAL VAN DAMME VZW, who is not obliged to do so at any given time.
ARTICLE 9. Force Majeure - Cancellation - Liability
MEMORIAL VAN DAMME VZW is only liable for a shortcoming attributable to it, insofar as this liability has not been explicitly excluded or limited in these general terms and conditions. In aggregate, the liability of MEMORIAL VAN DAMME VZW is in any case limited to compensating for direct damage (excluding indirect damage) and can never be in excess of the value of the service provided, being the registration fee.
Liability in the event of force majeure is excluded. Force majeure is understood to include any and all circumstances or events which are beyond the control of MEMORIAL VAN DAMME VZW that prevent it (even temporarily) from fulfilling its obligations in whole or in part. This includes, but is not limited to, non-delivery or late delivery or errors from suppliers or other engaged third parties, instructions, decisions or interventions of any kind by public or regulatory authorities (“fait du Prince”), terrorism or the threat of terror, weather conditions (such as extreme heat, thunder, storm, gusts, floods, etc.), fire, riot, war or threat of war, uprising, epidemics, pandemics (such as COVID-19), state of quarantine, disruptions in a (telecommunications) network or connection or used communication systems, riots on the public highway, blockades, strikes or lock-outs, demonstrations and other disturbing disturbances. Cases of force majeure do not give the right to any reimbursement of the registration fee or any other form of compensation for damages.
COVID-19 is an extremely contagious disease that can lead to serious illness and death. An inherent risk of exposure to COVID-19 exists in any public place where people are present. Attending the event is entirely voluntary and at the participant’s own risk and implies acceptance of the risks associated with exposure to COVID-19. MEMORIAL VAN DAMME VZW shall not be liable in any way in case of contamination with COVID-19.
If MEMORIAL VAN DAMME VZW has to cancel the event due to an epidemic or pandemic (such as COVID-19 and any new outbreaks thereof) and/or emergency government measures (“force majeure”), the registration will automatically be transferred to the new date or the next edition of the event.
In case of cancellation of the event by MEMORIAL VAN DAMME VZW, other than in the event of force majeure, the tickets will be exchanged for tickets for a new / next edition of the event. Any other costs incurred in connection with the event, such as service and administration costs, will not be reimbursed.
ARTIKEL 10. Health and safety precautions - COVID-19
MEMORIAL VAN DAMME VZW has provided the necessary health and safety precautions for the event, which may be subject to adjustments due to governmental measures. The customer undertakes to strictly comply with the applicable measures, which may, at any time, be adjusted by the organisation in function of the circumstances and the then applicable regulations and governmental measures. Access to the event may be subject to specific conditions (e.g. proof of recent negative PCR-test or proof of full vaccination).
It is recommended that customers do not visit the event when showing symptoms that might indicate COVID-19, such as feeling feverish, fever, cough, shortness of breath, running nose or unusual fatigue.
MEMORIAL VAN DAMME VZW reserves the right, if it deems it necessary, to modify the seats chosen by the customer and to allocate to the customer other seats than those initially selected by the customer. In case of changes of seats, the category of seats chosen by the customer shall be maintained where possible. If a change results in the allocation of seats of a price lower or higher than the price paid by the customer, MEMORIAL VAN DAMME VZW may adjust the price paid by the customer to the price of the allocated seats.
ARTICLE 11. Complaints
No complaint to the services will be accepted if they are not sent by registered mail to MEMORIAL VAN DAMME VZW, Marathonlaan 119A, 1020 Brussels, within 8 days after the execution of the services or discovery of any defect. Failing this it will be deemed to be accepted services.
ARTICLE 12. Duties
MEMORIAL VAN DAMME VZW is making every effort to meet its contractual obligations and the expectations of the customer. However, they can only be held to an obligation of means.
ARTICLE 13. Personal data
ARTICLE 14. Solidarity
In case of multiple clients, they are jointly and severally liable for their various obligations and they are supposed to have done away with the benefits of division and dispute.
ARTICLE 15. Implementation modalities
The transport risk and the postage and delivery costs are exclusively borne by the client.
ARTICLE 16. Period
Only the periods indicated in writing by MEMORIAL VAN DAMME VZW are binding. These periods will be extended at least in cases of force majeure, changes to the order by the client, delay in the transfer of information and / or documents submitted by the client or delay payment.
ARTICLE 17. Applicable law - jurisdiction
The agreements between MEMORIAL VAN DAMME VZW and the client are subject to Belgian law. All disputes are subject to the exclusive jurisdiction of the courts of the registered office of MEMORIAL VAN DAMME VZW.
MEMORIAL VAN DAMME VZW
BTW BE 416.372.302