Terms & Conditions

1) GENERAL

1.1) Unless expressly agreed otherwise in writing between 13thFool, located at Bevelsesteenweg 26A, 2222 Itegem with enterprise number 0806.122.953, and the CLIENT, these general conditions apply to all relationships, offers, and deliveries between 13thFool and the CLIENT, both in terms of goods and services.
1.2) The applicability of any general or specific conditions of the CLIENT is expressly rejected by 13thFool. For more information, reference is made to the collaboration agreement.

2) QUOTATIONS

2.1) Quotations are always without obligation and remain valid for 30 days. They become binding upon the signing by the managing director.
2.2) The prices in our quotations are exclusive of VAT.

3) ORDERS

3.1) The CLIENT undertakes to provide all necessary information for the execution of the works or the delivery of the goods when placing an order. Failure to provide this information will prevent the CLIENT from relying on defects resulting from the lack of this information.
3.2) Any request for cancellation or modification must be made in writing and will result in the application of compensation of 20% of the order or more if the damage suffered by 13thFool due to this cancellation or modification is higher. The compensation covers fixed and variable costs and equal loss of profit, without 13thFool being obliged to demonstrate any damage in detail. Cancellation is only valid with written acceptance by 13thFool.

4) DELIVERIES & DELIVERY TIMES OF GOODS

4.1) A specified delivery time is provided for information purposes only. Agreed delivery times are observed as much as possible, but any liability of 13thFool or compensation for delayed delivery or execution, for any reason, is excluded. Such an exceeding of the delivery time also does not exempt the CLIENT from its obligations.

5) RISKS

5.1) The CLIENT bears the risk for the products from the moment they are picked up or delivered to the agreed delivery address, even if additional deliveries must be made at a later date.
5.2) If the CLIENT returns products, they will only be at the risk of 13thFool from the moment of receipt by our services.

6) PAYMENT TERMS & RETENTION OF TITLE

6.1) The payment term is always stated on the 13thFool invoice.
6.2) Non-payment on the due date of a single invoice makes the due balance of all invoices immediately due and payable, and default interest is due without prior notice, calculated on the basis of the legal interest rate.
6.3) ) If the CLIENT fails to pay, 13thFool is not obliged to further deliver goods or services, and 13thFool may decide to terminate the agreement and claim damages. In case of legal recovery, all collection costs, including attorney's fees, will be added.
6.4) ) The incomplete delivery of an order cannot justify the refusal to pay for the delivered goods. Partial invoices can be issued to the extent of the delivery.
6.5) ) If an invoice is still unpaid on the 30th day after the due date, 13thFool will have the right to terminate the agreement without prior notice or formal notice, and the CLIENT cannot claim any compensation.
6.6) Goods remain the exclusive property and inalienable possession of 13thFool until full satisfaction of all claims. Until that moment, the CLIENT is prohibited from transferring, transforming, pledging, or in any form transferring to third parties or disposing of the goods in any way. In the event of non-payment by the CLIENT, the delivered goods can be reclaimed immediately by 13thFool without prior notice or formal notice.

7) INTELLECTUAL PROPERTY

7.1) ) All intellectual property rights to products made available to the CLIENT belong to 13thFool or its suppliers who have authorized the distribution of the products. The order does not involve any waiver or concession of intellectual property rights, except as expressly stated. Reproduction is expressly prohibited.

8) DATA PROTECTION

8.1) 13thFool and the CLIENT will act in accordance with the provisions of the General Data Protection Regulation concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

9) GENERAL LIABILITY

9.1) The liability of 13thFool is in all cases limited to a maximum of the amount of the delivered goods and services regarding the element that gave rise to the liability of 13thFool.
9.2) Liability of 13thFool for indirect damage, including consequential damage, loss of profit, missed savings, loss of (business) data, and damage due to business interruption, is excluded in all cases.
9.3) ) The CLIENT accepts that all damage or services for repair or corrections resulting from defects or incompatibility of equipment or software cannot be claimed against 13thFool. The product liability for third-party hardware, software, and services always remains directly with the respective manufacturer or service provider. 13thFool will assist the CLIENT as best as possible with any claims regarding product liability against the relevant manufacturer or service provider and will follow up on warranties as far as they apply to the purchased goods and services.
9.4) 13thFool may, for the performance of an agreement, call on the services of third parties, either through subcontracting or by temporarily hiring personnel. 13thFool remains liable to the CLIENT for these third parties.
9.5) The CLIENT is responsible for the correct (legal) application and use of software licenses. 13thFool cannot be held liable for the use of illegal software by the CLIENT and has the right to suspend all cooperation until it is legalized.

10) DISPUTES

10.1) Each invoice will be considered accepted in the absence of a written and precise complaint within 7 working days after receipt.
10.2) Complaints do not release the CLIENT from the agreed payment obligations within the term mentioned on the invoice.
10.3) In case of dispute, only the court of the place of business of the service provider is competent to take cognizance of the dispute. Both the conclusion, the existence, and the consequences of this agreement are governed exclusively by Belgian law.

11) INVALIDITY

11.1) Any provision that conflicts with mandatory provisions of Belgian law will be reduced, if possible, to the permitted operation. In no case will the invalidity of one or more provisions affect the validity of these conditions.

EN