Terms & Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following terms shall have the meanings set forth below:

1. Company: FabCore Consulting - BE0802.747.452
2. Client: Any natural or legal person with whom an agreement has been entered into.
   Consumer: A client who is an individual acting in a personal capacity.
3. Products/Services: All goods and services that the Client can purchase from the Company.
4. Order Confirmation: The written confirmation of the order placed by the Client with the Company.
5. Law of August 2002: The law of August 2, 2002, concerning the fight against late payment in commercial transactions (Belgian Official Gazette 07.08.2002).

Article 2 – Applicability

1. These General Terms and Conditions apply to every offer, quotation, order, and sale of Products/Services between the Company and the Client.
2. The Company makes these General Terms and Conditions available on its website: https://fabcore.consulting/terms.
3. The Client acknowledges and accepts these General Terms and Conditions. These General Terms and Conditions always take precedence over the Client’s general terms and conditions, unless explicitly agreed otherwise in writing between the Company and the Client.
4. The Company reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the aforementioned website. Any order placed by the Client after the publication of this new version by the Company implies the Client’s acceptance of the latest published version.
5. If the Company has allowed deviations from these General Terms and Conditions, whether explicitly or implicitly, for a short or long period, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions.

Article 3 – Offer and Prices

1. If a quotation or any other offer by the Company has a limited validity period or is subject to conditions, this will be explicitly stated.
2. The quotation or any other offer by the Company contains sufficient information to make it clear to the Client what the rights and obligations are upon acceptance.
3. Unless explicitly stated otherwise, the prices communicated and/or published by the Company for the Products/Services are always in euros (€) and exclusive of VAT. Any increase in the VAT rate between the order and the delivery shall be borne by the Client. Orders will be invoiced at the prices and conditions in effect at the time of acceptance of the order.
4. The Company is not bound by price indications that are evidently incorrect, such as in the case of typographical or language errors. The Client cannot derive any rights from incorrect pricing information.
5. The Company reserves the right to increase the price of the Products/Services.
6. The Client cannot claim a discount for cash payments.

Article 4 – Order

1. The Client is considered the sole responsible party for the order and payment. If the order is placed by a third party, it is deemed to have been made on behalf of and for the account of the Client.

Article 5 – Delivery

1. The Company shall exercise the utmost care in receiving and executing orders.
2. Delivery to the Client takes place at the moment when the Products/Services are made available to the Client at the address provided by the Client or at any other location previously agreed upon by the Company and the Client. At that moment, the risk of loss or damage to the Products also passes to the Client.

Article 6 – Invoice and Payment

1. Payment by the Client to the Company for the purchase of one or more Products/Services shall be made as follows: At the time the Company has the Products/Services available for delivery to the Client, the Company charges the total invoice amount. This amount is due and payable by the Client according to the terms mentioned in the general terms and conditions.
2. Each invoice from the Company to the Client shall include at least the invoice number, the purchase price of the Products/Services, and the applicable VAT rate.
3. Unless otherwise stated on the invoice, it is due and payable within 30 calendar days from the invoice date, payable to the Company’s bank account with IBAN BE61 7350 6641 8817.
4. In the event of late payment by the Client, interest for late payment is due in accordance with Article 5, Paragraph 1 of the Law of August 2, 2002. This interest accrues automatically from the day following the due date of the invoice, without the need for a prior notice of default. The interest rate is 15% per year and is calculated until the day of full payment of the principal amount.
5. In the event of late payment by the Client, the Company is also entitled to reimbursement of collection costs in accordance with Article 6 of the Law of August 2, 2002. The out-of-court collection costs amount to 15% of the principal amount of the outstanding invoice. The judicial collection costs are equal to the actual costs incurred by the Company.
6. In the event of late payment by the Client, the amount due shall automatically be increased, without the need for a prior notice of default, by a fixed compensation of 10% of the principal amount, with a minimum of €50.00.
7. Any payment is always applied to the oldest outstanding invoice.
8. Non-payment on the due date of a single invoice makes the balance of all other, even non-due invoices, automatically and immediately due.
9. Any payment will be allocated to the oldest outstanding invoice and the applied reminder costs, regardless of the payment reference.

Article 7 – Conformity of Products

1. The Company undertakes to deliver the ordered Products/Services free of defects.
2. If the Products/Services do not conform to the Client’s order or show defects, the Client must protest in writing within ten (10) working days of delivery, failing which the Client is deemed to have unconditionally and definitively accepted the delivery. The burden of proof for timely and written protest lies solely with the Client.
3. There is no lack of conformity and/or any other defect within the meaning of this article if (i) the defect is the result of accidents, negligence, or misuse by the Client, or (ii) the Client was aware of the defect prior to delivery or should reasonably have been aware of it and nevertheless agreed to it.
4. The Company is not obliged to indemnify the Client for hidden defects of which it was unaware. However, the Company is deemed to be aware of defects that the Products might have, unless it proves that it had no knowledge and could not reasonably have known.

Article 8 - Cancellations

1. Cancellations by the customer or client
2. 6.1.1. Cancellations more than 30 days before the scheduled start date:
   Cancellations made more than thirty (30) days before the scheduled start date of the assignment can be processed without any cancellation fees.
3. Cancellations between 14 and 30 days before the scheduled start date:
   For cancellations made between fourteen (14) and thirty (30) days before the scheduled start date, fifty percent (50%) of the agreed fee will be charged.
4. Cancellations within 14 days before the scheduled start date:
   Cancellations made within fourteen (14) days before the scheduled start date will result in the full amount of the agreed fee being charged (one hundred percent (100%)).
5. Cancellations of programs or long-term assignments:
   For programs or long-term assignments lasting more than two (2) days, a cancellation period of thirty (30) days applies. In case of cancellation within this period, fifty percent (50%) of the total project price will be charged, regardless of the phase of the program.
6. Postponement of an assignment:
   If an assignment is postponed by the customer within thirty (30) days of the scheduled start date, twenty-five percent (25%) of the agreed fee will be charged. If the assignment is resumed at a later date, the remaining amount will be invoiced based on the agreed rates.
7. Cancellations by FabCore Consulting
8. Force majeure and unforeseen circumstances:
   FabCore Consulting reserves the right to cancel the assignment in cases of force majeure, including but not limited to illness, pandemics, natural disasters, and other unforeseen circumstances. In such cases, FabCore Consulting will inform the customer as soon as possible and, if feasible, propose a new date for the assignment. If no new date is agreed upon, any amount already paid will be fully refunded without further compensation.
9. Method of cancellation
10. Written notice:
    All cancellations or postponement requests must be submitted in writing, either by email or post. The date of receipt of the notice will be considered the date of cancellation.

Article 9 – Liability

1. The Company cannot be held liable for damage to persons, goods (including the Products), animals, services, etc., that is directly or indirectly caused by the Products, except in the case of fraud or deceit.

Article 10 – Retention of Title

1. Contrary to Article 1583 of the Civil Code, the sold goods remain the property of the seller until the total price has been paid by the buyer.

Article 11 – Applicable Law and Competent Court

1. The contractual relationship between the Company and the Client is exclusively governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the Dutch-speaking Courts of the judicial district Antwerp.