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TERMS AND CONDITIONS
1. APPLICATION
These general conditions are applicable to all supplies made and to all services provided by Mmmussels, except for written exceptions approved by the parties and without prejudice to any special conditions agreed by separate agreement. They take precedence over the customer's purchasing conditions, which only bind us if we have accepted them in writing in express terms.
To be enforceable, a total or partial non-application of these general conditions must be explicitly and precisely mentioned in the order form. A specific explicit and precise condition of the purchase order prevails over any contrary general condition.
2. ORDERS - OFFERS
Only written offers issued by Mmmussels are valid.
The period of validity of the offer is limited to 30 days.
The contract is only formed after acceptance by Mmmussels of the customer's order.
3. REPRESENTATION
The customer is validly represented by the signatory of the order form.
An e-mail from a member of the client company's staff validly binds the latter, in the same way as an original signed purchase order.
4. OWNERSHIP
Mmmussels remains the sole owner, unless there is a written agreement between the parties of the intellectual property rights over its literary creations, designs, brands and graphic or audiovisual productions, whatever the medium, subject to the provisions of the intellectual property code. Mmmussels grants the right of representation and reproduction for the duration of the event and in the territory thereof only. These rights are expressly limited to the use provided for in the services described herein and in the approved budget (s). Any other use by the customer must be subject to the prior written consent of Mmmussels and possibly the payment of additional rights. Authors and directors retain the moral rights to their works.
All supplies, creations or achievements of any kind remain the property of Mmmussels until full payment of the price.
The customer is prohibited from filing or claiming any industrial, intellectual or artistic property right on the inventions, brands, models, productions or software made available to him by Mmmussels for the event or produced by it on this occasion.
The client guarantees the peaceful enjoyment of inventions, brands, production models or software made available by him to Mmmussels for the event.
5. PRICE
The prices invoiced by Mmmussels are exclusive of tax and in euros. Currency risks are the responsibility of the customer.
6. DEADLINES AND MODALITIES OF EXECUTION
Only the deadlines indicated in writing by Mmmussels are binding. Unless there is a new agreement between the parties on the deadlines, this binding character disappears in the event of (1) modification of the order by the customer, (2) delay in the transmission of information and / or documents by the customer and (3 ) late payment.
Transport risks and shipping and delivery costs are the sole responsibility of the customer.
7. PAYMENT
7.1. The customer is liable for 50% of the order price, the balance no later than the day of the event.
7.2. Invoices are payable at the head office of Mmmussels.
7.3. In the event of an unforeseeable increase at the time of the establishment of the contract or the order form, in one or more of the factors making up the cost price, Mmmussels is entitled to strictly reflect this increase in its selling price. will inform the customer as soon as it becomes aware of it.
7.4. The subscription of bills or the granting of payment terms does not entail novation.
7.5. In the absence of payment on the due date, the amount of each of the invoices issued by Mmmussels is, as of right and without prior notice, increased by a contractual, fixed and irreducible compensation of 15% without this sum being able to be lower. at 125 euro and conventional default interest at the rate of 1% per month of delay started.
Failure or delay in payment of all or part of an invoice automatically and without formal notice. The payability of all other invoices, even if they are not due.
7.6. Our agents, representatives or employees do not have the capacity to pay invoices. We only recognize the validity of a payment if discharge has been given by our duly qualified agents for this purpose.
8. INSURANCE
Mmmussels has taken out an organizer civil liability policy, covering damage caused by it or its agents to property or persons in the context of the performance of its services.
The customer assumes responsibility for any material and bodily injury caused by his agents or guests.
The customer is required to take out insurance which will cover his rental liability in the event of loss or theft or damage to the installation or give Mmmussels an explicit mandate to do so.
9. RESOLUTION - TERMINATION
9.1. The customer can withdraw from his order with Mmmussels at the design stage, before the first approved budget finalization. In this case, the amount of the design and creation expenses will be invoiced by Mmmussels to the customer as compensation for withdrawal.
9.2. In the event that the customer has called on the services of Mmmussels for the realization of an event and for the sole purpose of knowing the know how without continuing to carry it out, Mmmussels will be authorized to request compensation corresponding to the number of hours actually billed for it.
9.3. In the event of termination of the contract by the customer more than 60 days, between 30 and 60 days or less than 30 days before the date of execution, respectively 30%, 50%, or the full price remains due to Mmmussels without prejudice possible other damages such as costs, down payment which could still be claimed or kept by our suppliers.
9.4. In the event of a contract of indefinite duration or of a continuing business relationship between Mmmussels and the client, a party may not terminate the contract or the continued business relationship without giving 6 months' notice by registered letter.
10. SOLIDARITY
In the event of multiple clients, they are held jointly responsible for their various obligations and presumed to have waived the benefits of division and discussion.
11. COMPLAINTS AND OBLIGATIONS
No complaint will be accepted if it is not addressed to Mmmussels by registered letter, within 8 days after the execution of the contract specifying the nature and the motivation of the complaints.
12. OBLIGATIONS
Mmmussels does everything in its power to meet its contractual obligations and the expectations of its client.
However, it can only be held by an obligation of means.
Mmmussels will not be liable for any damage that may result from a hidden defect that may affect the goods or premises rented for the event. We cannot be responsible for the consequences resulting from the fortuitous event and force majeure.
Mmmussels will only be liable for the accidental shutdown or malfunction of the rented devices if it is established that, having been notified, Mmmussels has not taken all measures to remedy it as soon as possible.
13. PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
Personal data is processed by Mmmussels with its registered office at 1, square des Cicindèles in 1170 Brussels (Belgium), BCE n ° 0741.943.397. The latter is responsible for processing within the meaning of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
The client agrees to have personal data processed by Mmmussels and agrees to have his e-mail address used by Mmmussels for direct marketing purposes.
Your data is processed in order to provide you with the services for which you have registered on our site or for which you have provided your contact details. Your data is also used for direct marketing purposes. For example, in particular, for sending the latest information on our products and services, for processing your requests for information and / or your comments on our products and services, for sending advertising for our products and services, for sending promotional offers for our products and services, for sending announcements of our events, ...
You have the right to access and limit personal data concerning you and, if necessary, to request the rectification of any erroneous data.
You can object at any time, free of charge and on simple request, to the processing of personal data concerning you envisaged for direct marketing purposes. You also have the right to object free of charge to the use of your email for direct marketing purposes. You can exercise these rights by sending an email to sebastien@mmmussels.be or by post to the aforementioned address.
Mmmussels will refrain from disclosing, selling, renting or exchanging said data to any other organization or entity without having notified you in advance and without having obtained your express consent.
14. IMAGE
The customer agrees that, during cooking classes or events organized for or by Mmmussels !, whether on its premises or elsewhere, the latter has the right to take photos of these classes and of these events, photos on which the client could appear.
The client agrees that the photos of courses or events on which they appear are used, published, distributed and reproduced by Mmmussels. The customer agrees to the posting of these photos on any website, including blogs, belonging to or managed by Mmmussels.
The customer may not claim, for any reason whatsoever, any sum whatsoever and of any nature whatsoever relating to the use, publication, distribution or reproduction of these course photos or events on which it appears.
15. RESPONSIBILITY
Mmmussels can in no way be held liable for damage caused to the customer or to objects belonging to the customer during cooking classes or events.
The customer is solely responsible for damage caused to himself, to third parties or to objects belonging to him or to third parties during the handling of any object whatsoever (cutlery, oven, stove, etc.) during lessons or events.
16. JURISDICTION AND APPLICABLE LAW
The courts and tribunals of the head office of Mmmussels have sole jurisdiction.
Belgian law is applicable.
