General Terms and Conditions
The general terms and conditions set out the obligations of the contracting parties in terms of the provision of services and are without prejudice to the application of specific conditions.
Upon signing the contract or the order form, the customer acknowledges that they have read and understood the general terms and conditions and that they accept them.
All conditions, which are not explicitly detracted from, shall apply. Detractions are only applicable if a written agreement to modify the applicability of the general terms and conditions has been signed by Winsome Lifestyle.
Should a dispute arise between Winsome Lifestyle and another contracting party pertaining to the general terms and conditions, the former shall prevail.
In the absence of written provisions to the contrary, the period of validity for offers is fifteen days following issuance.
The signing of an order form or any other contractual document or the acceptance by any means (e-mail etc.) of an offer constitutes a firm and definitive commitment on the part of the customer. If an order includes the payment of a deposit, the customer is not entitled to refuse to pay the deposit in order to be released from their obligations.
Any changes made by a customer to a Winsome Lifestyle offer shall only be valid if Winsome Lifestyle has accepted the proposed changes in writing.
All prices are indicated in Euros (VAT inclusive).
Notwithstanding any future changes to Winsome Lifestyle’s tariff list, the price on the day that the contract or order form is signed, or an appointment is made for the provision of further services, shall be applied. Winsome Lifestyle reserves the right to change its prices in line with any change in applicable VAT rate should such a change take effect before the date of the delivery.
Prices have been drawn up on the basis of normal working conditions with no interruptions. Customers should ensure that any aspect, which needs to be attended to, is in order in good time.
Any additional difficulty which leads to an increase in Winsome Lifestyle’s labour costs and is caused by circumstances outside of its control, including additional requests made by the customer, shall be the subject of a prior written agreement signed by both parties and shall lead to the an increase in the total amount billed to the customer.
Invoices are payable either in cash in exchange for a receipt following the delivery of services or via bank transfer within fifteen days to the following account: IBAN – BE33 3631 4424 9346 ; BIC BBRUBEBB (Winsome Lifestyle SPRL)
Payments submitted after the deadline shall be automatically and without prior notice subject to an 8% interest rate on the invoiced amount as well as a lump sum indemnity of 10% of the invoiced amount with a minimum payment of €50 to be paid to cover damages.
Any disputed invoice must be notified to Winsome Lifestyle in writing within fifteen days of it being sent.
The customer, as defined in article 1.1.2 of the Economic Law Code, may demand that compensation be paid, and interest applied, under this clause should Winsome Lifestyle fail to perform its obligations.
Failure to pay an invoice on its due date shall automatically trigger a request for the payment of all outstanding amounts irrespective of any prior payment agreement.
Winsome Lifestyle reserves the right, and is thus authorised, to call upon the services of a sub-contractor of its choice to provide all or part of its services. Winsome Lifestyle shall be in no way obliged to inform the customer of the outsourcing of services or any change in sub-contractor.
The delivery dates for the provision of Winsome Lifestyle’s services are only indicative unless otherwise stated.
For a delivery date to be binding, it must be clearly stated as such on the order form or document of equivalent significance. If a delivery date is binding and is not adhered to, the customer may request compensation as long as the amount requested does not exceed 10% of the total order price. Even in such cases, the following circumstances shall free Winsome Lifestyle of its obligation to adhere to a binding delivery date:
1 – force majeure
2 – if the go-ahead to begin service provision is submitted later than stipulated in the contract or upon confirmation of the order by Winsome Lifestyle.
3 – if payment conditions are not adhered to
4 – if changes are decided upon or requested by the customer during the delivery period.
Winsome Lifestyle’s commitment to quality and responsibility
Winsome Lifestyle undertakes to provide a consistently high quality of services to its customers.
With regards to outsourced tasks, Winsome Lifestyle undertakes to assign qualified personnel to provide services and shall ensure, to the extent possible, that such personnel has the necessary skills and means to properly execute their tasks.
Winsome Lifestyle commits to providing its customers with a consistently high-quality service, to implementing processes which are perfectly suited to the delivery of the services stipulated in the contract, to adapting its tools, methods, resources and know-how to developments in its sector so as to be able to provide customers with assistance which best meets their needs and that is state of the art.
The obligation incumbent upon Winsome Lifestyle is an obligation of resources and shall not be deemed to be an obligation of performance.
Should Winsome Lifestyle be unable to perform the assigned tasks, it shall immediately contact the customer so that the latter can take appropriate steps, including assigning the aforementioned tasks to a third party.
Except in cases of theft or gross fault, Winsome Lifestyle shall only be liable up to the amounts invoiced to the customer. Winsome Lifestyle cannot be held liable for indirect damages suffered by the customer such as loss of data, loss of earnings (lucrum cessant), a reduction in turnover or any increase in general and administrative expenses.
If the customer decides unilaterally to cancel less than two working days before the agreed delivery date, Winsome Lifestyle reserves the right to request compensation of 30% of the total cost of the contracted services.
The customer, as defined in article I.1.2 of the Economic Law Code, may demand that compensation be paid and interest applied under this clause should Winsome Lifestyle fail to perform its obligations.
Belgian law shall apply to all matters that have not been explicitly mentioned in the terms and conditions.
With the exception of payment proceedings, the parties undertake to resolve via mediation, or an alternative dispute settlement mechanism, any dispute relating to the validity, interpretation or execution of the agreement.
Mediation shall commence no later than 15 days after the request for mediation, or an alternative dispute settlement mechanism, has been notified by one party to the other. Mediation shall last no longer than 30 days unless both parties give their explicit consent.
For payment proceedings or should mediation or an alternative dispute settlement mechanism fail, only the courts whose area of jurisdiction covers the registered address of Winsome Lifestyle shall be competent, save for a legal notice stating otherwise.
Changes to the agreement
Any change to the specific agreements or general terms and conditions must be submitted in writing and signed by all parties.
The illegal or invalid nature of a clause in the general terms and conditions shall not lead to the other contract clauses concluded between the parties being declared null and void.