GENERAL TERMS AND CONDITIONS OF USE AND SALE
- Scope of application
The website of ANDERSEN IN BELGIUM, the trade name under which the private limited liability company (SRL) Peeters Advocaten-Avocats operates, having its registered office at 1050 Brussels, Bastion Tower, Place du Champ de Mars 5 (email: info@be.Andersen.com), registered with the Belgium Company List under the number 0816.588.065 (hereinafter: “ANDERSEN”), offers natural or legal persons (hereinafter the “Client”) the possibility to purchase products via its online shop (hereinafter the “LEGAL CONCEPT STORE”). The products offered consist of either downloadable digital documents (hereinafter the “Digital Products”); or intellectual services, such as training sessions, workshops, seminars, legal workshops, legal coaching, etc. (hereinafter the “Other Products”). Digital Products and Other Products are hereinafter collectively referred to as the “Products.”
These general terms of use and sale (hereinafter the “Terms”) apply to the exclusion of all other terms and conditions (including those of the Client), to the sale of products through the LEGAL CONCEPT STORE.
These Terms, together with the Cookie Policy and the Privacy Policy (hereinafter collectively referred to as the “Data Protection Policies”), govern the access to and the use of the LEGAL CONCEPT STORE; and the processing and execution of any order placed through it.
Before using the LEGAL CONCEPT STORE or placing any order, the Client is deemed to have read and accepted these Terms and the Data Protection Policies without reservation.
ANDERSEN reserves the right to amend these Terms at any time. The Terms applicable are those in force and expressly accepted by the Client at the time the order is placed.
- Online Purchases
The purchase of Products is carried out by following the online ordering procedure. The online purchase becomes binding on both parties once the Client has completed the payment and ANDERSEN has sent an order confirmation by email to the email address provided by the Client at the time of the order (hereinafter the “Agreement”).
The Client must pay the full price when placing the order. The following payment methods are available: VISA, Mastercard, Maestro, Bancontact, American Express and Bank transfer.
The entry of banking details takes place in a secure payment environment operated by Mollie (https://www.mollie.com/be/).
ANDERSEN uses exclusively the payment service provided by Mollie and does not exercise any control, authority or supervision over its technical operation, infrastructure, or the security measures implemented by Mollie. Consequently, full responsibility for the processing, confidentiality and security of payment data rests with Mollie, in accordance with its own policies and legal obligations.
Before using the payment service, it is the Client’s responsibility to inform themselves about the characteristics, operating procedures and contractual terms applicable to Mollie’s payment services. Mollie’s general terms and conditions, which the Client must review and accept where applicable, are available on Mollie’s website.
In the event of non-payment, the order shall be deemed null and void. The Client shall be considered to have irrevocably waived the purchase, and no rights of any kind shall arise in their favour.
- Prices
All prices indicated are expressed in Euros and include VAT, as well as any other duties, taxes or mandatory charges payable by the Client, and any other applicable costs where relevant.
ANDERSEN reserves the right to adjust its prices in the event of a price increase, the introduction of new taxes, or for any other justified reason. However, such changes shall not affect orders for which an order confirmation has already been sent.
- Availability of Products
ANDERSEN reserves the right, at any time, to withdraw any Product from the LEGAL CONCEPT STORE and to replace or modify any content or information displayed on it. Although ANDERSEN makes every effort to process all orders, exceptional circumstances may arise which may require ANDERSEN to refuse to process an order, including after an order confirmation has been sent. ANDERSEN always reserves this right.
ANDERSEN shall not be held liable, towards the Client or any third party, for the withdrawal of a Product from the LEGAL CONCEPT STORE, the replacement or modification of any content or information displayed therein, or the refusal to process an order after the corresponding confirmation has been sent.
Digital Products may be provided and accessed from any country, subject to any technical or legal restrictions applicable in the Client’s country of residence. ANDERSEN reserves the right to restrict access to certain Digital Products where required by local legislation or technical constraints.
Other Products are available exclusively within the territory of the Kingdom of Belgium. Orders may be placed from any Member State of the European Union; however, physical services can only be performed in Belgium.
- Delivery
Digital Products ordered by the Client shall be delivered within a maximum period of one day, excluding Saturdays, Sundqys and public holidays, by email to the email address explicitly provided by the Client at the time of the order.
Other Products shall be delivered within the timeframe agreed with the Client, or, failing such agreement, within a maximum period of 30 days from the order confirmation.
If it appears that the order cannot be executed, or can only be partially executed, ANDERSEN will inform the Client by email at the address specified during the order process. In such a case, the Agreement shall be deemed null and void, and all payments received by ANDERSEN for the relevant order shall be refunded to the Client within a short period of time. Under no circumstances shall the Client be entitled to claim any compensation.
- Exclusion of the Right of Withdrawal
The online sales agreement between ANDERSEN and the Client constitutes a distance sale agreement.
However, about Digital Products, the provisions of Article VI.47 of the Belgian Code of Economic Law relating to the statutory right of withdrawal do not apply to consumer Clients. By placing the order, the consumer Client expressly and in advance agrees that the delivery of the Digital Products listed in the order confirmation may take place before the expiry of the 14-day withdrawal period; and the right of withdrawal is consequently lost (Article VI.53, 13° of the Code of Economic Law).
The same applies to Other Products, for which the consumer Client expressly and in advance accepts, by placing the order, that the performance of the service may begin before the expiry of the 14-day withdrawal period; and the right of withdrawal will be lost once the contract has been fully performed (Article VI.53, 2° of the Code of Economic Law).
If the agreed service has not been performed or has only been partially performed before the expiry of the 14-day withdrawal period following the order confirmation, the consumer Client retains the right to withdraw within that period. To do so, the Client must notify ANDERSEN, before the expiry of the withdrawal period, of their decision to withdraw from the contract by means of an unambiguous statement. The consumer may use the model withdrawal form, but this is not mandatory.
If the right of withdrawal is acceptable, ANDERSEN will reimburse all amounts received, where applicable less the proportional amount corresponding to the services already performed, within 14 calendar days from the notification of the withdrawal decision. The reimbursement will be made using the same payment method as that used for the initial transaction.
- Complaints
The LEGAL CONCEPT STORE customer service can be contacted by email at: marketing@be.Andersen.com.
- Personal Data Protection
For the use and processing of personal data and cookies, please refer to ANDERSEN’s privacy policy and cookie policy.
- Liability and Warranties
The Digital Products offered by ANDERSEN consist exclusively of standard templates, clauses or contracts. They do not constitute personalised legal advice and do not consider the Client’s specific situation. These Digital Products may therefore require adaptation to the Client’s particular circumstances prior to any use. The use, interpretation and implementation of the Digital Products remain the sole responsibility of the Client.
ANDERSEN disclaims any liability for any incorrect, inappropriate or incomplete use of the Digital Products by the Client, as well as for any direct or indirect damage resulting from specific circumstances related to the Client’s situation that were not considered in the drafting of the standard Products. ANDERSEN shall also not be held liable for defects, damage or loss caused directly or indirectly by an error, omission or negligence of the Client or of a third party.
Where appropriate, the Client is invited to seek assistance from the lawyers of ANDERSEN IN BELGIUM to obtain individualised and tailored legal advice. In such a case, ANDERSEN’s general terms and conditions for legal services shall apply to the exclusion of the present Terms.
ANDERSEN’s liability relating to Digital Products is strictly limited to that provided for under Articles 1701/1 to 1701/19 of the Belgian Civil Code, namely a period of two years from the delivery of the Digital Products. For Other Products, the general rules of Belgian civil law apply.
In any event, ANDERSEN’s total liability, regardless of its cause or nature thereof, shall be limited to the amount paid by the Client for the purchase of the Product concerned. No compensation shall be claimed for indirect, consequential or non-material damages, including, without limitation, loss of profits, loss of data, loss of business, moral damage or reputational harm.
This limitation of liability does not affect the rights granted to consumers under applicable law.
- Intellectual Property Rights
All intellectual property rights relating to the Products delivered remain the exclusive property of ANDERSEN.
No intellectual property rights are transferred to the Client. The Client is granted only a personal, limited, non-exclusive, non-assignable and non-transferable licence allowing the use of the delivered Products for the Client’s own needs and in accordance with their intended purpose.
Any reproduction, representation, communication to the public, modification, adaptation, translation, distribution or exploitation, in whole or in part, of the Products for purposes other than strictly personal use is strictly prohibited. Any unauthorised use may give rise to the Client’s liability and may constitute an infringement of ANDERSEN’s intellectual property rights. In such circumstances, ANDERSEN reserves the right to request the immediate cessation of the infringement and to claim full compensation for the damage suffered, including damages covering all losses, costs and consequences resulting from the infringement, without prejudice to any other civil or criminal action that ANDERSEN may bring.
- Electronic Communication
The Client acknowledges and accepts that all communications in connection with the use of the LEGAL CONCEPT STORE or the performance of the Agreement will be carried out primarily by electronic means, at the email address provided by the Client at the time of the order, unless mandatory legal provisions require otherwise.
Consequently, the Client agrees that electronic communications exchanged between the Parties shall have the same evidential value as written communications on paper.
The Client is responsible for the validity and accessibility of their email address and acknowledges that any communication sent to that address shall be deemed received and shall be binding on the Parties.
ANDERSEN reserves the right to send certain communications by postal mail where circumstances so require.
- Force Majeure
ANDERSEN shall not be held liable for any delay, malfunction, interruption or failure to perform resulting from a force majeure event or from circumstances beyond its control, including those related to the operation of the LEGAL CONCEPT STORE.
Without limitation, the following are considered cases of force majeure, without this list being exhaustive: server or hosting failures, failure of internet service providers or communication networks, cyberattacks, viruses, unauthorised interventions, necessary updates or maintenance operations, power outages, or any other unforeseeable event beyond ANDERSEN’s reasonable control.
During the duration of such events, ANDERSEN’s obligations shall be suspended, without compensation or liability.
If the impediment continues for more than thirty (30) days, ANDERSEN may terminate the Agreement automatically (de plein droit), without compensation or refund, subject to payment for services already provided.
- Nullity
The nullity or unenforceability of one or more provisions of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall remain fully applicable and in force.
- Non-Waiver
Any failure or delay by ANDERSEN in exercising its rights shall not be construed as a waiver of those rights.
- Jurisdiction and applicable law
The contractual relationship between ANDERSEN and the Client shall be governed by Belgian law.
In the event of a dispute, the Parties shall first seek to resolve the matter amicably.
If no amicable settlement can be reached, the courts of Brussels shall have exclusive jurisdiction, without prejudice to the possible jurisdiction of professional, ethical or disciplinary authorities. ANDERSEN also reserves the right to bring proceedings before the courts of the Client’s domicile or registered office.