Force majeure or fortuitous events. The seller/service provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations where such non-performance results from force majeure or fortuitous circumstances.
In particular, the following events will be considered as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the seller/service providers computer system or database when any of these events cannot reasonably be attributed directly to the seller/service provider and it is not demonstrated that the seller/service provider failed to take reasonable measures to prevent any of these events,
6) acts of war or terrorism,
7) declared or undeclared strikes,
10) insurrections and riots,
11) a shutdown of energy supply (such as electricity),
12) a failure of the internet or data storage system,
13) a failure of the telecommunications network,
14) a loss of connectivity to the internet or telecommunications network on which the seller/service provider depends,
15) a fact or decision of a third party where such decision affects the proper performance of this contract or
16) any other cause beyond the reasonable control of the seller/service provider.
Unforeseeability. If, due to circumstances beyond the seller/service provider’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller/service provider and the customer undertake to negotiate in good faith an adaptation of the contractual conditions within a reasonable period of time in order to restore their balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of the contract. In the event of insolvency of the customer or in the event of unpaid debts, even within the framework of previous contracts between the customer and the seller/service provider, the latter shall be entitled to suspend the execution of its obligations until the full repayment by the customer of any unpaid debt due to the seller/service provider.
In the event of non-performance of its obligations by the customer, the seller/service provider may terminate the contract to the exclusive prejudice of the customer without delay or compensation and, where applicable, may claim payment of damages and interest from him by any legal means.
Severability. The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is evident in the text.
Titles. The titles used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.
No waiver. Inaction, negligence or delay by a party in exercising any right or remedy under these terms and conditions shall not be construed as a waiver of such right or remedy.
Applicable law and competent jurisdiction.
These terms and conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or breach of these general terms and conditions, the parties undertake to have recourse to mediation before any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties shall define between themselves, with the help of the mediator, the modalities of organisation of the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If the mediation fails, only the courts of the judicial district of Brussels shall have jurisdiction.