1.1 These General Terms and Conditions apply exclusively to the contractual relationship between 74Trade BV, with registered office at 2950 Kapellen, Starrenhoflaan 3 – Bus 6, VAT BE 0802.399.737 (’74T’) and the customer (‘the Customer’), unless otherwise agreed in writing. By placing an order, the Customer accepts the application of these General Terms and Conditions, to the exclusion of any other provision to which 74T has not expressly agreed in writing.
1.2. These general terms and conditions apply to all services marketed by 74T (including event organization, marketing, graphic design, etc.). The Customer expressly and unconditionally acknowledges that it will waive its own general and/or special terms and conditions. The general terms and conditions apply at all times, unless they conflict with the special terms and conditions of 74T.
2.1. The agreement between 74T and the Customer is concluded as soon as the Customer has delivered a quotation signed by her for approval to 74T within the validity period of the quotation, or by confirmation by e-mail.
The agreement is deemed to have been tacitly concluded if 74T has started to perform the services requested by the Customer, unless this is expressly protested by the Customer.
2.2. The object of the agreement is determined by the quotation and/or order confirmation. The 74T quotation and order confirmation apply only to the aspects of the services expressly stated therein.
In case of conflict between the provisions of the quotation and the provisions of the order confirmation, the provisions of the order confirmation shall be considered the subject of the agreement. The agreement is always deemed to have been concluded at the registered office of 74T.
3.1. A quote from 74T is valid for fourteen calendar days from the date it is issued. The prices stated in 74T’s quote are purely indicative and are determined based on the price of wages, charges, material costs, and other costs in effect at the time of its preparation. Therefore, these prices may be subject to fluctuations. 74T undertakes to inform the Customer immediately of any price changes.
3.2. VAT, taxes and all other taxes are always borne by the customer. The price agreed for a specific assignment does not bind 74T for subsequent assignments.
4.1. 74T provides an indicative delivery time and is not binding. 74T undertakes to provide the services to the best of its ability, without providing any guarantees or guarantees as to whether the Customer can be held accountable for any results.
Delays or late deliveries cannot give rise to termination of the agreement, compensation or any other form of liability towards 74T.
5.1. At the time of acceptance of the quotation, 74T will charge an amount equal to 70% of the quotation amount, unless stated otherwise. The advance payment must be paid by the Customer within a period of thirty calendar days from the invoice date. Necessary bookings and reservations will not be made until the aforementioned deposit is paid.
The balance of 30% of the quoted amount will be charged after the requested services have been provided and is payable in cash, unless expressly agreed otherwise.
5.2. Late payment of invoices by 74T automatically and without notice of default gives rise to the liability for late payment interest, calculated and capitalised at 12% per year. The amounts due will also be increased by 15%, with a minimum of EUR 150, by way of lump sum compensation.
In the event of non-payment, all invoices not yet due from 74T are immediately due and payable, even in the event of seizure and in any situation involving the concurrence of creditors or the Customer’s insolvency. Any debts owed by 74T to the Customer, regardless of their origin or nature, will automatically be offset, where applicable, against the Customer’s debts to 74T.
74T has the right to suspend the performance of its services in the event of non-payment, without the Customer being entitled to any compensation or reimbursement.
5.3. Any request for postponement, cancellation or late cancellation by the Customer of an order shall automatically and without notice entail payment for the services already rendered, to be increased by liquidated damages determined in the special
conditions.
In case of purchase of entrance tickets or VIP tables for events organized by 74T, cancellation is possible up to 30 days before the date of the event. After that, the full ticket amount will remain due and the full invoice must be paid. For event bookings, cancellations can be made free of charge up to 6 months prior to the event date, up to 4 months prior to the event a compensation of 40% will be charged on the total price, from 4 to 1 month prior to the event date 60% will be charged on the total price (including costs already incurred), less than 1 month before the event date, the client is obliged to pay the entire total price (including costs already incurred).
6.1. 74T may suspend performance of the Agreement in the event of changes such as death, dismissal, ranking or other restrictions on legal capacity, bankruptcy, judicial reorganization or amicable settlement, loss of credit, etc. The suspension shall be in effect at a minimum until sufficient safeguards are provided to secure the value of all or part of the unpaid and/or outstanding services. 74T may, at its own discretion, terminate the agreement or continue the agreement under different conditions.
7.1. Any circumstance that may constitute force majeure on the part of 74T, such as bankruptcy of a supplier, weather conditions, natural disasters, strikes, electrical failures will be considered force majeure.
Force majeure shall not give rise to any compensation on the part of 74T, but shall under no circumstances release the Customer from its payment obligation.
7.2. Any circumstances that were reasonably unforeseeable to 74T at the time the quotation was drawn up and that would aggravate and/or hinder the performance of the agreement will be considered force majeure.
8.1. The Customer is deemed to be entitled to award an order to 74T and will be solely responsible to third parties. 74T will not be liable for (i) damages to third parties as a result of its services, (ii) damage, destruction or theft of property of the Customer and/or participants, (iii) non-compliance with safety regulations by the Customer and/or participants and (iv) any possible shortage of materials, personnel, etc.
8.2. 74T has civil liability insurance. 74T’s liability is always limited to the coverage provided by its insurance.
9.1. 74T always retains all intellectual property rights relating to the services it offers and/or provides. Reproduction, distribution or exploitation of, and reference to, the services offered and/or provided by 74T is expressly prohibited without the prior written consent of 74T.
9.2. 74T is entitled to make audio, photo and/or video recordings of the assignment, unless the Client has agreed otherwise in writing. Sound, photo and/or video recordings of the assignment may be used by 74T in internal and external communications without prior written permission from the Client, regardless of the purpose.
10.1. 74T has the right to use the references of the assignment in its publicity, both descriptive, auditory and visual. If 74T is to be responsible for the advertising promotion of the assignment on behalf of the Client, the Client gives 74T permission to include the Client’s company and brand name, logo, location, etc. in the promotion.
11.1. If any provision of these Terms and Conditions is unenforceable or conflicts with a provision of mandatory law, the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
12.1. 74T undertakes to handle and process any personal data communicated to it by the Client in the context of the exercise of its activities and the performance of its services without delay in accordance with the General Data Protection Regulation and its Privacy Policy.
The failure of 74T to apply one or more provisions of these General Terms and Conditions shall not be considered as a waiver of these terms and conditions.
14.1. In the event of a dispute concerning any provision of these General Terms and Conditions or the performance of the services, the courts of the judicial district of Antwerp, Antwerp division, shall have exclusive jurisdiction.
14.2. Belgian law applies.