TERMS AND CONDITIONS
1. Offers and orders
All offers, sales and/or supplies of products and/or services by KAPITOL S.A. are governed by the present standard terms and conditions to the exclusion of those of the customer. Any order implies the customer’s acceptance of the present standard terms and conditions and the waiver of its own terms and conditions. Any variation must be notified in writing and requires KAPITOL S.A.’s explicit written consent. Orders will be definitive once they have been approved by KAPITOL S.A.’s management. KAPITOL S.A. is released from all obligations in the event of force majeure. Any offers, sales and/or supplies of products and/or services originating from a third party natural or legal person and obtainable via KAPITOL S.A.’s online products and services are not governed by the present standard terms and conditions. KAPITOL S.A. is not in any way party to agreements concluded with third parties relating to the offers, sales and/or supplies of products and/or services originating from third party natural or legal persons and obtainable via its website.
2. Conclusion of the contract
All sales or supplies of KAPITOL S.A.’s products and/or services are deemed to be concluded in BRUSSELS, BELGIUM.
All prices referred to in KAPITOL S.A.’s offers are in Euros and exclude VAT. The cost of packaging, shipping, taxes or other associated costs are borne by the customer. These prices have been set on the basis of actual costs at the date of the order. If there are increases in the cost of materials and/or wages and/or other elements of the price, KAPITOL S:A is entitled to amend its sale prices.
4. Delivery, supply, acceptance and receipt
Delivery, supply, acceptance, and receipt of the products and/or services are deemed to have taken in KAPITOL S.A.’s warehouses before dispatch. The products are transported at the customer’s expense except where the delivery is made by KAPITOL S.A.’s vehicles. Products are always transported at the customer’s risk. The customer may not refuse part deliveries. The lack of part of the delivery of the products and/or services does not entitle the customer to reject all the delivery.
5. Lead times
Lead times are stated for information and will be observed as far as possible. For KAPITOL S.A, delay in the fulfilment of an order cannot lead to cancellation of the orders concerned nor confer the right on the customer to obtain supplies from elsewhere at KAPITOL S.A.’s expense or lead to the imposition of penalties or interest. Lead times run from the date of receipt of the advance payment specified in the order.
To be admissible, any complaint relating to KAPITOL S.A.’s invoices, products or services must be submitted in writing within eight days following the date of receipt or delivery.
7. Payment terms
7.1 Unless otherwise agreed, invoices are payable to the registered office of KAPITOL S.A. in BRUSSELS either before delivery or in full in cash. In any event, in the event of default, interest of 12% per annum will be charged by right without prior notice of default. Furthermore, any invoice still outstanding shall be right and without prior notice of default be increased by a fixed penalty of 15% subject to a minimum of 100 Euros.
7.2 In case of subscription products & services the contract is concluded for the selected period (monthly/yearly). The contract will automatically renew for additional periods (monthly/yearly) unless the customer cancels the contract prior to the renewal.
8. Reservation of title
KAPITOL S.A. reserves title in the goods sold until actual payment in full of the principal price and incidentals. In the event of resale, KAPITOL S.A. also reserves the option to claim the price of the goods held by the downstream buyer. Reservation of title is carried forward to the resale price. As soon as goods are delivered, risks of any nature including instances of force majeure and safeguarding of the goods are transferred to the buyer. Default on a single amount due may lead to the goods being reclaimed. In addition, the customer shall permit the goods supplied to be recovered at any time regardless of where they are located and grants the seller the right to enter the premises occupied by the buyer.
9. Jurisdiction and applicable law
The courts and tribunals of BRUSSELS have sole jurisdiction in the event of a dispute. However, KAPITOL S.A reserves the right to take action against all customers in any other relevant jurisdictions. Belgian law is applicable to the relationships between the parties.
Cancellation of an order is only possible with KAPITOL S.A.’s consent. In the event of cancellation, fixed-rate compensation shall be due from the buyer at a rate of 50% of the order price (including VAT) subject to KAPITOL S.A.’s right to claim greater compensation if a greater loss can be demonstrated.
11. Commercial/other intellectual property
KAPITOL S.A and/or its suppliers are the sole owner of all databases and all the core and application software. These databases or software shall be used exclusively under licence by the customer for its own purposes and only internally. The customer is therefore strictly forbidden to transfer these databases or software in any manner whatsoever to third parties, whether this be in return for payment or free of charge or to make copies of it expect in so far as this proves necessary for security reasons. In the event of breach of the above mentioned obligations, KAPITOL S.A reserves the right to rescind the contract without prior notice and to cease to provide all supplementary assistance, without prejudice to its entitlement to compensation and interest or to recover compensation and interest demanded by KAPITOL S.A .’s suppliers or the owners of the commercial or other intellectual property rights.
12. Personal data
The customer authorizes KAPITOL S.A to use the invoicing data concerning him/it to offer products and services that might meet his/its needs. If the customer is a natural person, he is entitled to request without charge to inspect his data at any time and to refuse to permit their processing unless this processing is necessary to the fulfilment of the contract or arises from a legal obligation. The customer is entitled to correct, supplement or delete incorrect, incomplete or irrelevant data free of charge. To this end, he may submit his request:
DPO – KAPITOL S.A.
Chaussée de St Job, 506
1180 BRUSSELS (Belgium)
The data shall be retained until they are removed or updated.
If the customer is a natural person, he is entitled to submit a complaint relating to his data to the Data Protection Authority (DPA) or to any other supervisory authority with jurisdiction under Regulation (EU) 2016/679 concerning the protection of natural persons with regard to processing of their personal data and the free circulation of data.
In the event of a complaint within the period specified in Article 6, KAPITOL S.A’s liability is limited to the repair of the product and/or service or, if such repair proves impossible, to his replacement by a similar product and/or to reimbursement of the purchase price. KAPITOL S.A shall not in any event be liable for the indirect consequences resulting from the lack of availability of a product and/or service as a result of the defects shown by this product and/or service. In addition, within the context of the sale of products or services including personal data, the customer undertakes to observe the provisions of Regulation (EU) 2016/679 concerning the protection of natural persons with regard to the processing of their personal data and the free circulation of data.. KAPITOL S.A cannot be held liable for the use of these data and the customer accepts full liability and the consequences of this use in the event of any claim or complaint.