Zoomers BV, Nelson Mandelaplein 2, 8500 Kortrijk, Belgium. Company number BE 0772.351.711. These conditions apply to every order and are attached to every invoice.
This is a translation. In case of any discrepancy between this version and the Dutch text, the Dutch version prevails.
Unless otherwise agreed, all acts, services and agreements of or with Zoomers BV, with registered office at Nelson Mandelaplein 2, 8500 Kortrijk, Belgium, company number BE 0772.351.711, are subject to these general terms and conditions. By placing an order, the client declares to know and accept their provisions. The client waives the application of its own general (purchase) conditions. An agreement is only concluded after written confirmation by Zoomers. A start of performance counts as confirmation, unless made subject to reservation.
Zoomers is an ambassador of cultural, ethnic and religious values and tolerance. Zoomers expects all of its collaborators, as far as possible and feasible, to promote green policy and green practices. Discrimination on grounds including colour, age, gender, sexual orientation, ethnicity, disability, religion, political preference, trade union membership or marital status is not tolerated. Zoomers expects its collaborators to:
All orders must be confirmed in writing, either by post or by email, by Zoomers and by the client. Quotations are without obligation.
Unless expressly agreed otherwise, an order is only accepted and performance only started by Zoomers upon full prior payment of an advance of 50% of the value of the order.
An order can only be cancelled in writing. The cancellation is only valid upon written acceptance by Zoomers. In that case the client owes at least a fixed compensation of 25% of the value of the order with a minimum of € 500.00, without prejudice to the right to claim higher compensation for the damage actually suffered. In the event of cancellation or postponement by the client of an order (in whole or in part) less than 24 hours before the date on which performance is scheduled, Zoomers will invoice compensation of two thirds of the amount of the order.
Delivery times are provided by way of information only and are not binding, unless expressly agreed. Zoomers will nevertheless endeavour to respect delivery times and will notify the client of delays. Delay in the performance of the order can never give rise to compensation, to dissolution of the agreement or to cancellation of the order.
The client must take receipt of and inspect the designs, works and/or products immediately. Complaints are only valid if made in writing, within eight days of delivery and in any event before use, on pain of forfeiture of the complaint.
All information Zoomers makes available about a work or design is always subject to errors, mistakes or incorrect information provided by the client. Photographs or audiovisual productions on the Zoomers website are purely informative and in no way binding.
Unless otherwise agreed in the special conditions, a quotation and order include 1 revision of the delivered designs, works and/or products. Further adjustment of the designs, works and/or products following the client’s comments may result in additional time, costs and compensation for Zoomers.
Zoomers will inform the client in good time or before incurring the additional time and costs. On that basis the client decides whether the requested revision of the designs, works and/or products is carried out at the agreed additional price.
Invoices are payable in cash on the due date and to the account number stated on the invoice. Invoices must be disputed within five working days of the invoice date, in writing and by registered mail to Zoomers. If an invoice is not paid on the due date, it is increased by operation of law and without any notice of default being required by a fixed penalty of 2% of the total amount of the invoice concerned, with a minimum of € 50.00, and default interest of 4% per month until the date of effective payment.
Transfer of material ownership of movable goods delivered by Zoomers only takes place after full payment of the agreed price. As long as full payment has not taken place, the client is not entitled to dispose of the products, to give up material possession of them or to use them in the broadest sense of the word.
Save for the intellectual property rights belonging to Zoomers, the client shall indemnify and protect Zoomers against all claims arising from an infringement by the client of patents, licences, trade and factory secrets, copyrights, personality rights, drawings and models claimed by third parties upon the delivery of products or services by Zoomers. Zoomers indemnifies the client against all claims and damages arising from an infringement by Zoomers of copyright and neighbouring rights as well as personality rights of third parties who contributed, on the instructions of Zoomers, to the performance of the client’s order.
The intellectual property right in the order of goods and/or services to be delivered, based on a design by Zoomers, belongs exclusively to Zoomers, unless otherwise agreed in writing. Zoomers is at all times entitled to sign its work and/or to state its name on the design, on the product or in the credits/colophon of a publication or on an announcement. Unless otherwise agreed, Zoomers has the right to use all elements of the order for promotion, including on its website.
The client is only permitted to exploit, make public or reproduce the work or the design for the term, in the territory and for the specific uses agreed between the parties in the special conditions.
The goods or services delivered by Zoomers meet the standards and practices of care, skill and diligence customarily applied by comparable undertakings in comparable circumstances at the time of the order, and meet the agreed specifications and requirements stated in the order.
The risk and the cost of transporting products and any insurance costs are always borne by the client, unless expressly agreed otherwise or unless there is negligence or gross fault on the part of Zoomers.
Zoomers shall only be liable for direct damage that is the direct and necessary consequence of its gross negligence, serious fault or intent in the context of performing the order. Under no circumstances can it be held liable for indirect damage such as loss of profit, loss of clientele, any form of interest or (collection) costs. The liability of Zoomers is always limited to the total value of the order or, in the absence of such a valuation, shall never exceed a maximum amount of € 500.00.
All information (including documents, files, imagery, presentation decks or methodologies, creative content and ideas, software, financial information, client information and the like), of whatever nature and made available in whatever manner to one of the parties, is and remains the property of the party that originally held the information; shall be treated confidentially by the other party and shall in no way be communicated or disclosed to a third party without the prior written consent of the owner; shall be used exclusively for the purpose for which it was made available, and shall be returned at the owner’s first request.
Either party may terminate performance of the order prior to its delivery or acceptance by written notice to the other party: (i) if the other party has committed an act involving dishonesty, disloyalty, corruption or fraud; (ii) if the other party commits gross negligence, wilful misconduct, or fails to display professional or ethical conduct in relation to performance; (iii) if the other party breaches a material provision or condition and fails to remedy the situation within 10 days of receiving a written request to do so; (iv) if an event of force majeure continues for more than 1 month and the parties have not succeeded in finding a suitable solution; (v) with immediate effect if the other party is declared insolvent or bankrupt or makes an assignment or other arrangement for the benefit of its creditors.
Neither party shall be liable for failure to comply with its obligations (other than the payment of any amounts due) where such failure results from causes beyond its reasonable control, such as, but not limited to, fire, flood, strikes, civil unrest, war (declared or undeclared), embargoes, blockades, legal restrictions and government regulations.
Termination takes place without prejudice to any rights a party may have in respect of a breach by the other party of any of the provisions, where that breach occurred before termination.
The parties acknowledge that the invalidity of one of the clauses of the agreement does not entail the invalidity of the entire agreement. In that case the parties undertake to replace the invalid clause with a legally valid clause that comes as close as possible to the original intention of the parties.
These general purchase conditions as well as their application to the performance of orders or deliveries of goods are governed by Belgian law. All disputes arising in this connection that cannot be settled amicably between the parties shall be submitted to the courts of Ghent, Belgium.
For all annual subscriptions running through Zoomers you receive an invoice a few weeks before the subscription renews. If you want the subscription stopped and therefore not renewed, you must contact Zoomers no later than 7 days after the invoice date to give notice. You can do so at [email protected] or +32 456 56 47 76. If no contact has been made after 7 days, the subscription renews automatically.