General terms and conditions of sale and use
Article 1. Scope and acceptance
1.1 These general conditions of sale and use (hereinafter, "the General Conditions") apply to all offers, all contracts and all services generally whatsoever provided by EUREKA EVENTS SPRL with registered office at rue Drootbeek 145, 1020 Brussels (CBE 0873.004.948), (hereinafter, "the Company"), without prejudice to the special conditions indicated by the Company, as the case may be.
1.2 The General Terms and Conditions also apply to the use of the Company's website https://www.eurekaevents.be/ by any person as well as any publication on social networks in the name and on behalf of the Company.
These two documents are available at all times on the Company's website and can easily be printed or saved by the client on a durable medium (paper or electronic).
1.4 The General Terms and Conditions shall prevail, in all their provisions, over the client’s general terms and conditions, if any, and over any other document previously agreed between the client and the Company, unless expressly stated otherwise.
Article 2. Offer of services
2.1 The service offers transmitted by the Company to the client are provided for information purposes only and subject in particular to the availability of external service providers.
2.2 The prices indicated by the Company are also provided as an indication, depending, in particular, on the information provided by the client, the services requested, the number of participants and the announced schedule.
2.3 The Company reserves the right to modify its price offers unilaterally and in particular, if the conditions requested by the client should be modified (activities, number of participants, seasonality, etc.).
2.4 The Company may also rely on the assistance of external service providers for the performance of the services in question. At its discretion, it will present a global offer including all the services or the detailed offers of the service providers with whom it works. In such a case, the client shall be deemed to have entered into an individual agreement with each of them and shall be subject to the terms and conditions of each offer as soon as he is informed of them, regardless of the receipt of a single invoice for all the services or separate invoices.
Article 3. Order
3.1 The client is required to react promptly to the offer of services made by the Company. The client’s acceptance may be inferred from any writing, e-mail, signing of a purchase order or oral acceptance, including a tacit but certain acceptance. Acceptance by the client of the offer shall only bind the Company after written confirmation by the Company and payment of the deposit, if applicable.
3.2 Any additional service not provided for in the initial offer shall be invoiced additionally.
Article 4. Cancellation
4.1 Any cancellation of an event by the client must be notified to the Company in writing as soon as possible.
4.2 In case of cancellation more than 30 days before the start of the event, the Company shall be entitled to payment of 30% of the total agreed price.
Any cancellation notified less than 30 days before the start of the event will result in the invoicing and payment of 60% of the total agreed price.
Any cancellation notified less than 15 days before the start of the event will result in the invoicing and payment of the total agreed price.
4.3 The Company also reserves the right to request compensation for any damage suffered by it as a result of the cancellation, including any advance payments made to the service providers that cannot be recovered.
Article 5. Price
5.1 The prices indicated in the service offers and on the order forms sent to the client are exclusive of VAT, unless otherwise stated.
They are indicated according to the service desired by the client and the number of participants indicated for the activity(ies), without prejudice to Articles 5.2 and 5.3, below.
5.2 The client shall inform the Company of the exact number of participants expected to attend the event, no later than 15 days before the event, without prejudice to the Company's right to invoice the amount initially agreed even in the event of a reduction in the number of participants.
5.3 In the event of a change in the number of participants, the Company also reserves the right to invoice any additional working hours or costs, or even to refuse this change, in particular due to a lack of space or availability of its service providers.
Article 6. Deposit and payment
6.1 The Company may request the payment of a deposit, at the time of acceptance of the order or subsequently, at its sole discretion. In the absence of payment of the deposit within the period indicated, the Company reserves the right to terminate the contract, without prior warning and without compensation, without prejudice to the Company's right to claim compensation from the client for any damage caused by its fault and the costs incurred by the Company. In such a case, the Company shall not be obliged to provide the agreed services.
6.2 The Company's invoices are payable in cash or, in default thereof, on the due date mentioned on the invoice.
6.3 Any delay in payment shall automatically result in the application of late payment interest at a rate of 10% a year, without prior notice of default, as well as a conventional penalty clause of 15% of the invoice amount with a minimum of EUR 250.
Article 7. Intellectual property and use of the Company's website
7.1 The information available on the Company's website or its social networks is provided for information purposes only and does not bind the Company or its service providers or subcontractors in any way. The same applies to all information related to the Company's activities and external service providers, including photographs, which are provided for information purposes only. The client or user of the website cannot derive any rights from the information thus presented and, more generally, from the content of the website.
7.2 All images, visuals, concepts and techniques used by the Company are its property as well as the General Conditions. Likewise, the Company's website, in its entirety, including its architecture, design, interface, databases, name, domain name, etc. belong to the Company.
7.3 No reproduction or communication to the public, in whole or in part, of the website or any of its elements, or publications on social networks, for any purpose whatsoever, except for individual consultation, may be made without the prior written consent of the Company.
7.4 The client shall refrain from performing the services offered by the Company itself or having such services performed by a third party, at the risk of being charged an irrevocable and irreducible penalty equal to the amount of the service offer.
Article 8. Limitation of liability
8.1 The Company is bound by an obligation of means. It shall only be liable for wilful misconduct and gross negligence, excluding that of its employees, agents and subcontractors.
8.2 The Company shall perform the services requested in various locations that are not its own, according to the client's wishes. The client may not hold the Company liable for any defect in the equipment of the chosen space that would make it impossible to perform all or part of its services.
8.3 The Company shall in no way be liable for any mistake attributable to an external service provider, hired directly by the client, without prejudice to the Company's right to claim any personal damage suffered due to the external service provider and/or to the client.
8.4 The client is also responsible for ensuring that the planned activities are suitable for the participants, particularly in terms of their general physical condition. Under no circumstances may it be held against the Company if a participant does not wish to take part in an activity for personal reasons, is the victim of an accident due to an unsuitable practice or suffers material damage.
8.5 The client is also responsible for ensuring that the indicated schedule is respected. In the event of poor management of the schedule of activities, he will not be able to hold the Company responsible should any activity be cancelled.
8.6 The client certifies that it has all the required authorisations and has fulfilled all the legal formalities relating to the specific events organised, in particular musical events (declaration to SABAM, obligations imposed by a service provider for the practice of sports, etc.). The Company will never be liable in this respect and the client guarantees the Company against any claim in case it appears that rights have not been paid and/or formalities have not been fulfilled.
Article 9. Complaints
No complaint may be accepted by the Company unless it is addressed in writing to the Company within eight working days following the end of the contractually agreed service or the sending of the invoice. All complaints must be sent to the e-mail address: firstname.lastname@example.org or by registered letter to the Company's registered office.
Article 10. Force majeure
10.1 The Company may under no circumstances be held liable for the cancellation of all or part of an event or the provision of services due to a cause beyond its control, such as, in particular and without this list being exhaustive, flood, storm, fire, epidemic, strike, lock-down, terrorist risk, default by a service provider or subcontractor or any other event of force majeure that would prevent it from performing its obligations normally, suspend them for the duration of the cause of force majeure or make the performance of its obligations by the Company significantly more difficult or costly.
10.2 Any payment that would have been due to the Company before the force majeure event is declared, shall remain due to the Company.
10.3 The Company shall be entitled to charge the client for any service provided by third parties in connection with the cancelled event, as well as a fixed compensation for the time performed.
Article 11. Insurance
11.1 The Company is insured for operational civil liability.
11.2 For any event, the client is responsible for the participants in the activities it organises and must subscribe to individual and collective insurances accordingly.
Article 12. Interruption of services
12.1 The Company reserves the right to temporarily or permanently interrupt any service provided if the security of the participants or the infrastructure cannot be guaranteed, for reasons beyond its control and in particular as a result of the inadequate behaviour of the participants.
12.2 The interruption of the service may not give rise to any compensation on the part of the Company, without prejudice to the Company's right to claim the full amount agreed upon as well as compensation for any prejudice it may have suffered.
Article 13. Invalidity and absence of waiver
13.1 The invalidity of one of the clauses of these General Terms and Conditions shall not entail the invalidity of the General Terms and Conditions as a whole. In a similar hypothesis, the provision(s) in question will be considered as unwritten. If applicable, the parties will negotiate in good faith the substitution of a valid clause, producing economic and legal effects identical to those initially sought by the parties.
13.2 Failure to implement a provision of the General Terms and Conditions shall not entail the Company's waiver of its right to rely on it.
Article 14. Modifications to the General Conditions
14.1 The Company reserves the right to make any useful modification to the General Terms and Conditions.
14.2 The General Terms and Conditions as amended shall govern current contracts and shall apply as soon as they are published on the Company's website.
Article 15. Competent courts and applicable law
15.1 For the interpretation and execution of the General Terms and Conditions, as for any dispute between the Company and a client or a user of the Company's website and social networks, only the French-speaking courts of the district of Brussels are competent.
15.2 Similarly, any dispute shall be subject to Belgian law.