General conditions of sale
Article 1: General Information
Marketrotters SRL, hereinafter referred to as Marketrotters, is a private limited liability company registered with the Banque Carrefours des Entreprises in Belgium under number BE 0691.650.679, whose registered office is located at Avenue de la Gare, 214 in 4460 Bierset, Belgium.
Article 2: Applicability
These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in the context of the services provided by Marketrotters to its customers. By agreeing to work with Marketrotters, the Customer expressly acknowledges having read and accepted these general terms and conditions. In the event of a contradiction, these general terms and conditions prevail over any other conditions of the Customer, unless otherwise agreed in writing by Marketrotters. Agreements that may deviate from one or more clauses of these general terms and conditions replace only the clause(s) concerned. The other clauses remain fully applicable.
Article 3: Purpose of the Service and Request for Service
§1. Marketrotters specializes in multi-level consulting and its activities include but are not limited to management, operations, marketing, sales, business development and any other form of business support. The parties will agree on the precise purpose of the service to be provided by Marketrotters and will subsequently adapt and/or expand it if necessary.
§2. Any request for services entrusted to Marketrotters shall only be binding upon Marketrotters after written confirmation from the latter. Changes made by the Client to the service offer shall only be valid if Marketrotters has accepted and confirmed them in writing.
Article 4: Obligation of Marketrotters
§1. Marketrotters is bound by an obligation of means and not an obligation of results. All tasks are performed to the best of Marketrotters' ability and in good faith. In addition, and with the express agreement of the Client, Marketrotters has the right to entrust these tasks to internal and external collaborators, in which case these general terms and conditions remain applicable. Marketrotters undertakes to perform its services within a reasonable period of time which will be agreed as far as possible and in advance with the Client. Marketrotters is in no way liable for exceeding the agreed deadline attributable to a Client, third parties or a case of force majeure.
§2. Marketrotters takes appropriate organizational and administrative measures to prevent conflicts of interest between its clients from affecting their interests as a result of its consulting services. To this end, the Client is required to notify Marketrotters of any information that may place Marketrotters in a situation of conflict of interest.
§3. Marketrotters reserves the right to refuse any Customer without having to provide any justification.
Article 5: Collaboration with Customers
Marketrotters does its best to provide an optimal service to its customers. To achieve this, smooth interactions and collaboration are essential between Marketrotters and the Customer. Marketrotters' services are tailor-made and based on concrete facts. The Customer is therefore required to provide spontaneously and without delay any information relating to the services that are the subject of the engagement. The Customer is responsible for the accuracy, completeness and confidentiality of the data, information and documents that it provides. If the Customer does not cooperate and/or does not respect the deadlines or agreements adopted, Marketrotters is free to cease its activities related to the Customer and to release itself from its commitments, without compensation of any kind. Marketrotters is not liable for any damages and losses that may result from this.
Article 6: Compensation, Claims and Payments
§1. Marketrotters invoices its services according to hourly rates or other methods previously agreed with the Client. The method and pricing are determined according to the object, complexity, stakes, duration and urgency of the service to be provided. The amounts of the rates are always expressed in euros (EUR) and excluding VAT. Unless otherwise stipulated, the price does not include the costs of transport, delivery or removal of goods, nor the costs of assembly or installation. All taxes, charges, duties and costs are the responsibility of the Client.
§2. Marketrotters generally provides for full payment of the invoice before the start of the assignment. However, flexibility may be granted to customers in difficulty, authorizing the payment of a deposit upon receipt of the invoice, and the payment of the balance at a later date, this information then being clearly stipulated in the invoice.
§3. In the event of unilateral cancellation of a service by the Client, the request must be made in writing. All hours worked and/or planned by Marketrotters prior to cancellation must be paid.
§4. If the Customer wishes to contest an invoice, he must do so in writing with reasons within 10 days following the date of the invoice, failing which the right to appeal will be foreclosed.
§5. In the event of non-payment of an invoice 10 days after the due date indicated on this invoice, Marketrotters reserves the right - automatically and without prior formal notice to the Customer by registered letter -
(a) the right to charge late payment interest at the rate of 1.5% per month from the due date of the invoice until the date of full payment of the amount due;
(b) the right to demand a fixed and irreducible compensation of 10% of the amount remaining unpaid with a minimum of EUR 100 per invoice, without prejudice to the right to reimbursement of legal costs (including the applicable procedural compensation) in the event of judicial recovery;
(c) the right to suspend the performance of all ongoing services for the relevant Customer until full payment of all invoices, or to immediately cease all collaboration with the Customer. Marketrotters is not liable for any damages and/or losses resulting from the suspension of its activities or the termination of its contract with the Customer.
§6. The Customer as defined by the law of 14/07/1991 may demand the benefit of the application of compensation and interest to the extent and under the conditions f
Article 7: Responsibilities
§1. The Customer provides Marketrotters, both at the beginning and during the services, with any specific information that would be necessary for the optimal execution of its services. Marketrotters is not liable for damages caused by the transmission of incorrect or incomplete information by the Customer.
§2. In any event, any contractual or extra-contractual liability that may be borne by Marketrotters, its subcontractors and/or its agents, is limited in principal, costs and interest to the amount excluding tax paid by the Customer in the context of the provision of services in which Marketrotters' liability would be retained and, failing such an amount, up to a maximum of EUR 2,000 per damage.
§3. Marketrotters shall not be held liable under any circumstances for indirect or collateral damage, loss of enjoyment or loss of earnings caused by the Customer or by third parties.
§4. Marketrotters makes reasonable efforts to protect e-mails against viruses or other defects in computers or computer systems. However, it is the Customer's responsibility to provide appropriate measures to protect their computers and computer systems. Marketrotters will not assume any liability for any loss or damage resulting from the receipt or use of an electronic communication from Marketrotters.
§5. As part of its website creation activity using the Wix platform, Marketrotters cannot be held responsible for the content published on said website, for any reason whatsoever. The customer must comply with the standards in force regarding websites, including but not limited to the legal notices that must appear on all pages and the European GDPR legislation (General Data Protection Regulation).
Article 8: Intellectual Property Rights
Outside the scope of the mission entrusted to Marketrotters, the Client is prohibited from multiplying, publishing or using in any way the views, notes, opinions, contracts, documents, slides and any other intellectual activity in any form established by Marketrotters, except with the prior written consent of Marketrotters.
Article 9: Applicable Law and Competent Jurisdiction
§1. All contracts and service agreements between Marketrotters and the Client are entirely subject to Belgian law.
§2. The parties shall settle their disputes preferably amicably.
§3. The courts of the judicial district of Liège, Belgium, on which the registered office of Marketrotters depends, shall have sole jurisdiction in the event of a dispute.
Article 10: Safeguard Clause
The nullity or illegality of one of the clauses provided for in the special and general conditions of sale does not entail the nullity or invalidity of the other conditions of the contract concluded between the parties - the other clauses remaining fully applicable.