1. General
1.1 ARCHER BV, with its registered office at Stijfselrui 46, 2000 Antwerp, is registered in the Crossroads Bank for Enterprises (KBO) under the number BE 1006.022.731.
1.2 Only these terms and conditions apply to the relationship between ARCHER BV and the client, who acknowledges to accept these terms upon assignment.
2. Offers and quotations – conclusion of the agreement
2.1 Offers and quotations are made with all reservations and are without obligation on the part of ARCHER BV. Offers and quotations are only valid for the period stated in the offer, in principle 14 days after its creation. No rights can be derived from offers or quotations from the past for future assignments.
3. Execution of the agreement
Delays in delivery and/or execution cannot give rise to penalties, compensation, dissolution of the agreement, or refusal to accept the product.
4. Price
4.1 The agreement is concluded at the prices stated in the offer/quotation and the payment method provided therein, unless mutually agreed deviations from the original offer or quotation confirmed by ARCHER BV.
4.2 All prices are exclusive of VAT and other costs (insurance, etc.), unless explicitly provided otherwise. The VAT is borne by the client.
5. Payment
5.1 Any invoice addressed to the client-consumer, whose amount is not or not fully settled by the start date of the trajectory mentioned on the invoice, which starts on the third working day after ARCHER BV has sent a free reminder by mail or on the day following ARCHER BV's sending of a free reminder via electronic means, will be increased by a flat-rate compensation in accordance with art. XIV.4 WER.
In addition, at that moment a reference interest rate increased by eight percentage points is due in accordance with the legal interest rate under the Law of August 2, 2002, to combat payment arrears in commercial transactions, without prejudice to court and enforcement costs. Each started month is considered a full month. Partial payments will first be used to cover costs, interests, and compensation and then deducted from the principal balance.
5.2 Notwithstanding the provisions of Article 7, the client must protest ARCHER BV's invoices, in the event of a dispute, by means of a motivated registered letter within a period of 8 calendar days after receipt thereof, under penalty of forfeiture.
6. Force majeure
6.1 If ARCHER BV cannot perform the services due to force majeure, including accidents, illness, epidemics, fire, war, strikes, lockouts, riots, delays in suppliers, lack of transport material, etc., ARCHER BV has the right to terminate the agreement without any further compensation to the client. In this case, delivery or execution terms are automatically extended.
7. Complaints and warranty
7.1 All complaints related to the delivered services or products must be reported in writing within 8 calendar days to ARCHER BV. Invisible defects must be reported immediately in writing after their discovery. A defect that is not reported in time voids any right to repair or replacement. The receipt of a complaint by ARCHER BV cannot be considered by the customer as an acknowledgment that ARCHER BV deems the complaint timely or justified.
7.2 ARCHER BV is only liable for damage that is the direct and demonstrable result of an attributable shortcoming by them. ARCHER BV can under no circumstances be held liable for all other forms of damage such as business damage, damage due to delay, loss of use, and loss of profit. ARCHER BV's liability is in any case limited to the amount of the invoice value excl. VAT for the relevant order.
8. Intellectual property
8.1 The documents provided to the customer before or after the conclusion of the agreement are protected by copyright and remain the property of ARCHER BV. They may not be used, copied, or reproduced by the client without the latter's permission.
8.2 If intellectual property is created in the contractual relationship with the customer, the intellectual rights remain with the customer, unless otherwise agreed.
9. Privacy
9.1 To execute the agreement, ARCHER BV needs the following details of the client: name, address, telephone number, email address, and billing information. ARCHER BV is responsible for processing these data. The processing of these data is necessary for the execution of this agreement and will not be used for other purposes.
9.2 In certain circumstances, ARCHER BV is obliged to pass on the client's personal data. This occurs if the law, regulation, or legal procedure requires ARCHER BV to do so or when requested by government authorities in the context of law enforcement actions or if ARCHER BV believes it is necessary to pass on the client's personal data to prevent damage or financial loss, in the context of an investigation into fraud or other illegal activities, but also when necessary for the execution of the agreement as concluded with the client.
9.3 If ARCHER BV sells or transfers all or part of its activities or assets, it reserves the right to also transfer all the client's personal data. In that case, ARCHER BV will make efforts to inform the client and ensure that the party acquiring the personal data uses them in accordance with this article.
9.4 The client has the right to view their data at any time and to correct them if necessary.
9.5 ARCHER BV ensures appropriate administrative, technical, and physical security measures, protecting the client's personal data against accidental, unlawful, or unauthorized destruction, loss, access, disclosure, or use.
10. Miscellaneous and dispute resolution
10.1 These general terms and conditions do not prejudice ARCHER BV's exercise of all other legal or contractual rights to which it is entitled.
10.2 The client is prohibited from transferring their rights and obligations under the agreement concluded with ARCHER BV without the prior written consent of ARCHER BV. Any unauthorized transfer will be null and void.
10.3 Any failure by ARCHER BV to demand performance of the provisions of these general terms and conditions does not imply a waiver or relinquishment of the application of these or any other provisions.
10.4 The invalidity of one or more provisions of these general terms and conditions does not affect the application of the other provisions.
10.5 Only Belgian law applies to the relationship between ARCHER BV and the client. Any dispute will be submitted by ARCHER BV to the courts of the district where ARCHER BV is located, without prejudice to ARCHER BV's right to take legal action in the courts of the client's jurisdiction.