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Scope of Application
1.1. These general terms and conditions of sale and service provision apply to all orders placed with SRL AS YOU WISH, whose registered office is located at Rue Chapelle Brion 3, 1457 Walhain, Belgium.
1.2. Any agreement entered into with AS YOU WISH implies prior acknowledgment of these general terms and conditions and full acceptance thereof.
1.3. These general terms and conditions of sale are the only ones applicable and replace any general or specific conditions of the client that AS YOU WISH has not specifically been accepted in writing.
1.4. Any exemption granted by AS YOU WISH from these general terms and conditions is limited to the specific contract containing such exemption.
1.5. AS YOU WISH may amend these general terms and conditions of sale at any time. However, the terms communicated at the time of the order shall remain applicable to that order.
Offer and order
2.1. The validity period of AS YOU WISH’s offers is one month. Notwithstanding their validity period and as long as they have not been accepted by the client, these offers may be withdrawn or modified at any time, without prior notice or compensation.
2.2. AS YOU WISH’s offers are drawn up based on the information provided by the client. In the event of any additions or modifications to the requested services, AS YOU WISH is entitled to withdraw its offer and/or submit a new offer adapted to the client’s new requirements.
2.3. In urgent situations (i.e. an order placed less than one month before the service date), AS YOU WISH reserves the right to propose an offer with a reduced validity period. These specific conditions will be mentioned in the quotation and will apply only to the relevant order.
2.4. An offer is deemed confirmed if there is explicit written agreement or if the client has paid a deposit to confirm the offer. The offer then becomes a contract between the parties, and these general terms and conditions shall apply.
Price
3.1. AS YOU WISH’s prices are stated in euros, excluding VAT. Any increase in VAT or any new tax imposed between the time of the order and the provision of services shall be borne by the client.
3.2. The prices indicated in the offer relate only to the services described therein, to the exclusion of any other services.
Payment
4.1. Invoices are to be paid by their stated due date, or at the latest within fifteen days of receipt, to the bank account at AS YOU WISH’s registered office (Belfius: IBAN BE87 0689 1030 3294 / BIC GKCCBEBB – Fortis: IBAN BE60 0016 8396 5870 / BIC GEBABEBB).
4.2. Any amount remaining unpaid at the due date shall, by operation of law and without prior notice of default, bear interest at the rate set by the law of 2 August 2002 on combating late payment, increased by 4% per annum, as well as a fixed and irreducible compensation of 15% of the amount due, with a minimum of €500.00. This increase is without prejudice to any other damages resulting from late payment.
4.3. Any complaint relating to an invoice must be sent by registered letter to AS YOU WISH’s registered office no later than eight days after the invoice date. After this period, the invoice shall be deemed irrevocably accepted.
Right of Withdrawal for Distance Contracts
5.1. When ordering services, the consumer has the right to withdraw from the contract without penalty and without stating any reason within a period of ten days. This period begins on the day following the conclusion of the contract or the receipt of the deposit.
5.2. To exercise the right of withdrawal, the consumer must notify their intention to cancel the service in writing (by registered letter or by email with acknowledgment of receipt) before the end of the period.
5.3. If the consumer has already made payments before exercising the right of withdrawal, AS YOU WISH shall reimburse these amounts, without charge and at the latest within thirty days following the withdrawal and/or after the return of delivered goods.
5.4. The consumer may not exercise this right of withdrawal for service contracts whose performance has begun, with the consumer’s consent, before the end of the withdrawal period referred to in point 5.1.
Cancellation
6.1. Except for the right of withdrawal referred to in point 5 or in the event of force majeure, the client has the right to cancel the order up to six months before the service date. This right must be exercised in writing (by registered letter or by email with acknowledgment of receipt).
6.2. Any cancellation of an order shall not give rise to reimbursement of sums already paid nor to any compensation whatsoever.
Force Majeure
7.1. A case of force majeure is any unforeseeable event beyond the control of the parties, such as, but not limited to: storms, fire, flooding, serious accidents, or sudden strikes.
7.2. No party may be held liable for partial or total non-performance of its obligations if such non-performance is due to an event of force majeure.
7.3. The party prevented from fulfilling its obligations must inform the other party by telephone, email with acknowledgment of receipt, or registered letter within 24 hours of the occurrence of the event.
7.4. The parties agree to consult each other as soon as possible in order to jointly determine the terms and conditions for the execution of the order, if this is still possible.
Performance
8.1. AS YOU WISH undertakes to use all reasonable efforts to provide high-quality services to its clients.
8.2. AS YOU WISH is entitled to have the ordered services performed by any collaborator or subcontractor of its choice, under its standard legal liability.
8.3. AS YOU WISH reserves the right to refuse to fulfill an order from a client who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
Client Obligations
9.1. The client is responsible for completing all necessary formalities relating to any authorizations, taxes, or permits required and/or mandatory for the execution of the work (e.g. SABAM, municipal regulations, decibel limits, etc.).
9.2. The client must provide AS YOU WISH, in due time and at the appropriate moment, with all information necessary for the successful execution of an event.
9.3. Under no circumstances may AS YOU WISH be held liable for the direct or indirect consequences of non-compliance with points 9.1 and 9.2.
Warranties and Liability
10.1. If the client of AS YOU WISH believes they are entitled to contest the quality of the services provided, they must submit their complaint within eight working days following the day after the service in question, by email with acknowledgment of receipt or by registered letter.
10.2. In any event, AS YOU WISH’s liability is limited to the amount of the contract concluded with the client.
10.3. All equipment provided by AS YOU WISH, or by its suppliers, remains under the responsibility of the client, who shall be held liable for any damage or theft of equipment caused by factors external to the handling by AS YOU WISH’s technical team. The amount of damage shall be calculated based on the current catalogue price.
Confidentiality
11.1. AS YOU WISH undertakes to maintain a very strict confidentiality policy. Personal data shall only be published or transmitted to any third parties involved in an event with the client’s express and prior consent.
11.2. At any time and without justification, the client may object to the processing of their personal data by contacting AS YOU WISH.
Intellectual Property
12.1. All logos, trademarks, photos, videos, and models appearing on any medium whatsoever (documents, emails, website, social networks, etc.) of AS YOU WISH remain its exclusive property.
12.2. Unless otherwise stipulated in the specific conditions, any partial or full reproduction of these elements, on any medium and for any purpose, is prohibited.
12.3. AS YOU WISH undertakes not to reproduce protected elements belonging to its clients, suppliers, or other parties on any medium whatsoever without the express prior consent of the concerned parties.
Dispute Resolution
13.1. In the event of any dispute, AS YOU WISH favors amicable settlement attempts before any recourse to the Courts and Tribunals.
Miscellaneous
14.1. If, pursuant to the application of a law, regulation, or following legal action, one or more clauses of these general terms and conditions are declared null and void, their removal shall not affect the validity of the remaining provisions.
14.2. These general terms and conditions and the provisions mentioned in the offer sent to the client form a contractual whole, to which the client gives full agreement.
14.3. The contractual relations between AS YOU WISH and the client are governed by Belgian law.
14.4. In the event of a dispute relating to AS YOU WISH’s contractual relations with the client, the Courts and Tribunals of Brabant Walloon shall have exclusive jurisdiction.