General

1.1. These general terms and conditions of sale (Business to Business) and (Business to Consumer), govern the relationship between WADD SPRL, whose registered office is located at Rue de la Chaudronnerie N°2, 4340 Awans (Belgium), registered with the Banque Carrefour des Entreprises under company number BE: 0664903425, hereinafter referred to as “WADD”, and any natural or legal person, company, association, individual, hereinafter referred to as “the Buyer”, relating to the sale of our Products as specified in any quotation or order form (see special conditions Part A).

1.2. Products; by Products the parties mean furnishing and interior and exterior home decoration products, including but not limited to tables, benches, chairs and generally all Products in the WADD catalog or offered for sale to the Buyer.

1.3. The fact that the Buyer orders a Product offered for sale by WADD, in any manner whatsoever, implies recognition and acceptance, without restriction or reservation, of these general terms and conditions prior to the order and waiver of the application of the Buyer’s own prior or subsequent general terms and conditions.

1.4. No waiver of these terms and conditions shall be binding on WADD unless WADD has given its express written consent thereto. Also, any other condition provided for in a purchase order or any other document issued by the Buyer, such as its own general terms and conditions of purchase, shall not apply.

1.5. In the event of any inconsistency between these general terms and conditions and any special terms and conditions negotiated between WADD and the Buyer (e.g. in WADD’s purchase order) or granted by WADD to the Buyer (hereinafter referred to as “WADD’s special terms and conditions”), WADD’s special terms and conditions shall prevail and take precedence over these general terms and conditions.

1.6. Any reference to commercial terms (such as FCA, DAP etc.) refers to the corresponding terms and conditions of the Incoterms published by the International Chamber of Commerce (ICC).

1.7. Any reference to an ICC publication shall be deemed to refer to the version in force on the date of conclusion of the Contract.

Offer and order

2.1. No oral order from the Buyer shall be taken into consideration by WADD unless confirmed by a written purchase order.

2.2. The contract is deemed perfect when, after receipt of an order, WADD has sent a written acceptance, within the time limit, if any, set by the Buyer. Unless otherwise agreed between the Parties, your order will be processed only after receipt of a deposit of 40% of the total order amount.

2.3. If WADD has specified a deadline for acceptance in its offer, the contract shall be deemed to have been concluded if the Buyer has sent a written acceptance before the deadline expires, provided that this acceptance reaches WADD no later than one week after the deadline expires.

Right of withdrawal

2.4. Once an order has been confirmed in writing by WADD, the Buyer has a right of withdrawal of 14 days from the day after he/she takes physical possession of the goods.

The Buyer then has a period of 14 days from the day following the day on which he/she informs the company of his/her decision to withdraw, to return the goods. The cost of returning the goods shall be borne by the Buyer. WADD will reimburse the sums due, including delivery costs, on the day of receipt of the goods, provided that they are returned in the condition in which they were received.

The following retraction forms can then be used:

https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf

https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf

2.5. Unless otherwise expressly stipulated in WADD’s offer, any offer made by WADD is only valid for a maximum period of thirty (30) calendar days.

2.6. The weights, dimensions, performance, colors, prices, characteristics and other data contained in WADD catalogs, brochures, websites, circulars, advertisements and price lists are approximate. These data are only binding if expressly referred to in the contract.

WADD cannot be held responsible for minor visual differences that do not affect the essential characteristics of the products.

2.7. WADD also reserves the right not to accept an order from a Buyer with whom it is in dispute over a previous order, or if WADD reasonably believes that the Buyer has violated these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.

Price

3.1. Prices are quoted in euros, exclusive of customs duties, taxes or levies, which must be paid in addition by the Buyer.

3.2. Unless otherwise stipulated in WADD’s special conditions;

1. a) prices are only for the supply of the Products described in the special conditions, to the exclusion of all other services, and do not include the costs of preparing the order, transport and delivery, which will be invoiced in addition to the sale price of the Products;
2. b) Prices shown in price lists and catalogs are for “unpacked goods” and do not include packaging costs;
3. c) the prices quoted in firm proposals and special conditions include the packaging or means of protection necessary to prevent deterioration under normal conditions of carriage to the destination stated in the contract.

WADD reserves the right to modify its prices at any time, without prior notice, it being understood that the price announced at the time of the order by the Buyer will not be subject to any modification.

VAT

4.1. For orders placed in Belgium and the EU (European Union)

4.1.1. VAT is payable by all taxable Purchasers with registered offices in Belgium.

4.1.2. Invoicing for Products will be exclusive of VAT for Purchasers subject to VAT in a member state of the European Union other than Belgium, insofar as they provide a valid intra-Community VAT number and the Products are dispatched outside Belgium. However, it is the responsibility of the Buyer to declare this import, in order to comply with the tax regulations of his country of establishment. The Buyer is responsible for paying any local taxes on the Products purchased.

4.1.3. WADD will charge 21% VAT to the account of the Buyer established in the European Union without a valid VAT number or in the event that WADD has not obtained proof of shipment of the Products outside its territory.

4.2. For orders invoiced and delivered outside the E.U.

4.2.1. Orders invoiced and delivered outside the European Union will be invoiced exclusive of VAT.

4.2.2. In the case of orders to countries outside the European Union, the Buyer is the importer of the product(s).

4.2.3. Customs duties or other local taxes or import duties or state taxes may be payable depending on the geographical area chosen by the Buyer. These duties and taxes are not the responsibility of WADD. They shall be borne by the Buyer and are the Buyer’s sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in the Buyer’s country. WADD advises its customers to obtain information on these aspects from the local authorities.

Terms of payment

5.1. Deposit: 100% of the total amount of the order will be paid at the time of placing the order.

Unless otherwise expressly stipulated or resulting from a practice established between the parties in previous agreements, payment of the price of all sums owed to WADD by the Buyer shall be made on a deferred basis within 30 calendar days of the invoice date. Unless otherwise agreed, sums due shall be transferred by teletransmission to WADD’s bank account in Belgium and the Buyer shall be deemed to have fulfilled his payment obligation when such sums have been received by WADD’s bank in immediately available funds.

5.2. If the parties have agreed to prepayment without further indication, such payment shall, unless otherwise agreed, be deemed to be for the full price and must be received by WADD’s bank in immediately available funds at least 30 days prior to the agreed delivery date, or as soon as possible within the agreed delivery period. If prepayment has been agreed for only a fraction of the contract price, the terms of payment of the outstanding amount will be subject to the rules defined in this article.

5.3. If the parties have agreed to payment by documentary credit, the Buyer shall, unless otherwise agreed, arrange for a documentary credit to be issued in favour of WADD by a reputable bank, in accordance with the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the ICC and notified at least 30 days prior to the agreed delivery date or at least 30 days prior to the starting point of the agreed delivery period. Unless otherwise stipulated, the documentary credit must be payable at sight and allow for partial shipments and transshipments.

5.4. In the event that the parties have agreed to payment by documentary collection, unless otherwise stipulated, the documents will be remitted against payment (D/P), and in all cases this remittance will be subject to the application of the Uniform Rules for Collections (URC 522) published by the ICC.

5.5. If the parties have agreed to secure payment by means of a Bank Payment Obligation, then, unless otherwise agreed, the Buyer shall ensure that WADD receives a payment guarantee in accordance with the terms of the Bank Payment Obligation issued by a bank in favour of WADD’s bank subject to the application of the Uniform Rules RU OPB (Uniform Rules for Bank Payment Obligations) published by the ICC and notified at least 30 days prior to the agreed delivery date or at least 30 days prior to the starting point of the agreed delivery period. Unless otherwise agreed, the Bank Payment Obligation shall be payable at sight and allow for partial shipments and transshipments.

5.6. In the event that the parties have agreed that payment will be guaranteed by a bank, the Buyer must provide at least 30 days prior to the agreed delivery date, or at least 30 days prior to the starting point of the agreed delivery period, a first demand bank guarantee conforming to the Uniform Rules for Demand Guarantees (URDG 758) published by the ICC, or a stand-by letter of credit conforming to these Uniform Rules (ISP 98) or conforming to the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the ICC, and in either case issued by a reputable bank.

5.7. Payment must clearly mention the references indicated on the invoice.

5.8. In the event of non-payment of an invoice on the due date, payment of all invoices issued by WADD to the Buyer shall become immediately due and payable. WADD also reserves the right in this case to suspend delivery of orders in progress (even if already partially executed) or subsequent orders until full payment has been received. WADD may at any time require that payment of the price and delivery charges be made prior to delivery of the Products. Any set-off will only take place with the express written agreement of WADD or after a final court decision.

5.9. Once the payment deadline has expired, the Buyer is automatically and without formal notice liable for late payment interest at the rate of fifteen percent (15%) per annum, calculated from day to day.

5.10. Any invoice unpaid on the due date will, in addition, be subject, ipso jure and without formal notice, to a flat-rate compensation of ten percent (10%) of the amount remaining unpaid by way of damages, with a minimum of one hundred euros (EUR 100,-), without prejudice to any other compensation that WADD may be entitled to claim. In addition, the Buyer shall be obliged to reimburse WADD for reasonable legal or bailiff’s fees, as well as any other expenses that may have been necessary for the recovery of debts (debt collection agency fees, administrative costs, etc.).

5.11. In the event of a decrease or risk of a decrease in the Buyer’s solvency or a change in its legal or financial situation, WADD reserves the right to terminate current contracts or demand guarantees. The same applies if political events, economic difficulties, legislative or administrative measures directly or indirectly prevent or delay the transfer of funds.

5.12. Any claim relating to invoiced amounts must be made in writing to WADD within fifteen (15) calendar days of the invoice date, failing which the invoice will be deemed to have been irrevocably and fully accepted.

5.13. The Buyer expressly agrees to receive invoices in electronic format by e-mail.

Product inspection before shipment

6.1 If the parties have agreed that the Buyer is entitled to inspect the Products prior to shipment, WADD shall notify the Buyer within a reasonable time prior to such shipment that the Products are ready for inspection at the agreed location.

Transport and Freight

7.1. Unless explicitly stipulated otherwise in WADD’s special terms and conditions, delivery is made FCA (Free Carrier) – Rue de la Chaudronnerie N°2, 4340 Awans (Belgium) Incoterms CCI 2010 for delivery in Belgium, intra-Community or outside the European Union.

7.2. Unless otherwise specified in the special conditions, the Buyer assumes full responsibility for arranging the terms of transportation and payment of freight and insurance costs for shipment and delivery of the Products in accordance with the terms of the Contract. The Buyer shall ensure that WADD receives all necessary transport documents in time for the Buyer to take delivery of the Products in accordance with the terms of the Contract.

7.3. The Buyer must expressly point out any access difficulties that the carrier may encounter and measure the access passages to the delivery site. Any additional costs related to the rental of elevators will be borne by the Buyer and invoiced by the carrier in addition to the sales price and delivery charges mentioned in the special conditions.

Availability

8.1. Our offers of products and prices are valid while stocks last. In the event of unavailability of products after you have placed your order, we will inform you by email or telephone as soon as possible, indicating the date of availability of the products or offering to cancel your order.

8.2. WADD accepts no liability in the event of stock shortages or product unavailability.

Delivery times

9.1. Unless expressly guaranteed in WADD’s special terms and conditions, delivery times vary between 4 and 10 weeks.

Reservation of Ownership

10.1. Products ordered remain the property of WADD until full payment has been received by WADD.

10.2. In the event of non-payment by the agreed due date, the return of the Products may be demanded ipso jure and without prior formality. Until full payment of the price, the Buyer undertakes to identify the Products sold and to ensure that they remain perfectly identifiable by WADD as relating to the Sales Contract.

10.3. The Buyer shall bear all risks to which the Products may be exposed or which may arise from their delivery in accordance with the Incoterms of the Sale and shall take all measures to preserve WADD’s right of ownership. Upon conclusion of the Sales Contract, the Buyer undertakes to take out the necessary insurance policies. Unless otherwise agreed, WADD will organize the delivery of the Products. In this case, WADD shall be liable for any damage incurred during transport. Should the customer collect the Products themselves, WADD cannot be held responsible for any damage caused during transport.

10.4. Any partial payments made shall be retained by way of compensation for the loss resulting from the non-performance of the Sales Contract, and in particular that resulting from the disappearance or deterioration of the Products, without prejudice to WADD’s right to claim other damages for full compensation of the loss suffered.

Product delivery

11.1. WADD undertakes to deliver or make available the Products and the Buyer to take delivery thereof at the place and within the time specified in the Contract in accordance with the Incoterm chosen.

11.2. If in the case of FCA (Free Carrier) delivery, and at the Buyer’s request, WADD undertakes to ship the product to its destination, the transfer of risks takes place at the latest when the Product is handed over to the first carrier.

11.3. If the Buyer anticipates that it will not be able to receive delivery of the Product on the delivery date, it must immediately notify WADD in writing, indicating the reason and, if possible, the date on which it will be able to receive delivery.

If the Buyer remains in default of accepting delivery, on the date of delivery, he shall nevertheless pay that part of the price which is due as if delivery had taken place. WADD will make all arrangements at the Buyer’s expense and risk to store the Product.

11.4. Unless otherwise provided in the Contract, all manuals, instructions, postings and other information relating to the Products are in the French language.

Import licenses and national regulations

12.1 The Buyer is responsible for obtaining any licenses that may be required for the importation of the Products under the terms of the Contract. The Buyer undertakes to consult the laws applicable in its territory relating to any restrictions or limitations applicable to the Products.

Packaging and wrapping

13.1 All Products ordered shall be packed in a manner suitable for transport and storage in accordance with WADD’s usual commercial practice.

Cooperation between the Parties

14.1. The Buyer shall promptly inform WADD of any claims made against it by its customers or third parties concerning the Products supplied or the intellectual property rights associated with them.

14.2. WADD shall promptly inform the Buyer of any claim that involves the Buyer’s liability for the Products.

Product warranty and non-conformity

Legal warranty

15.1. WADD is bound by the legal warranty of conformity of consumer goods under the conditions set forth in articles 1649bis to 1649octies of the French Civil Code. WADD is liable to the purchaser for any lack of conformity that appears within two years of delivery of the goods.

15.2. WADD warrants that the Products, including their packaging and wrapping, conform to the contractual specifications and official standards announced on the documentation, that they are suitable for the uses expressly indicated in the Contract, that the Products are of good quality, free from defects and faults affecting raw materials and workmanship under normal use.

15.3. WADD makes no other warranties, express or implied, with respect to the Products, including, but not limited to, warranties of results, performance, fitness for a particular purpose or non-infringement of intellectual property rights.

15.4. WADD shall not be liable for defects caused by circumstances arising after the transfer of risk to the Buyer, such as defects due to incorrect installation/use or faulty repair by the Buyer, or alterations made without the written consent of WADD. Nor shall WADD be liable for any deterioration resulting from normal use or if the Products delivered do not comply with the legislation of the country of delivery.

Commercial warranty

15.5. The Buyer is advised to examine the Products or have them examined by one of its representatives within 10 days of their arrival at destination.

15.6. The Buyer is advised to notify WADD of any lack of conformity within 2 months of the date on which the Buyer discovered or should have discovered the lack of conformity in sufficient detail. In any case, the Buyer shall not be entitled to claim any compensation for lack of conformity if it has not notified WADD within 24 months of the date of arrival of the Products at destination.

15.7. In the event of damage or shortage, the Buyer must also take all measures to safeguard the rights of the parties towards the carrier and the insurer, in particular by formulating within the prescribed time limits and with all the required precision the claims or reservations towards the maritime and/or other carrier, in accordance with the regulations governing the transport in question.

15.8. In the event of minor differences between the Products delivered and those agreed upon, which are customary in the market concerned or in the business relations between the parties, the Products shall be deemed to be in conformity. If the defect is such that it is likely to cause damage, the Buyer must immediately inform WADD in writing and cease all use of the Product. Buyer shall take reasonable measures to minimize damage and shall act in accordance with WADD’s instructions in this regard.

15.9. If the Products do not conform and the Buyer has notified WADD of the non-conformity in accordance with Article 15.5, WADD may, at its option:

repair the Products at the location where the Products are located, unless WADD deems it more appropriate that the Products be sent to a destination specified by WADD, at no additional cost to the Buyer.

1. b) or replace the Products with conforming Products, at no additional cost to the Buyer;
2. c) either reimburse the Buyer for the price paid for the non-conforming Products and cancel the sale of the non-conforming Products.
3. d) or to propose a reduction in the price of the non-conforming Product as a remedy, subject to the Customer’s agreement.

If the Buyer has made the notification referred to in clause 15.5. and no defect for which WADD is responsible has been identified, WADD shall be entitled to compensation for the costs it has incurred as a result of such notification.

Any return of Products requires the prior agreement of WADD via email: info@bandi.design. In the absence of a return agreement, the Products will be returned to you, at your expense, risk and peril, all transport, storage and handling costs being at your charge.

The Buyer has a period of fourteen clear days to return the defective or non-conforming Products to WADD. Products must be returned with a copy of the invoice and in their original packaging, accompanied by all documents, instructions, etc. WADD undertakes to organize the return with the carrier and to contract with him.

15.10. The remedies provided for in Article 15.8 shall exclude all other remedies for non-conformity, including loss of production, loss of profit and any other consequential damages.

Furthermore, these guarantees are not valid in the following cases:

– deterioration caused by lack of care or failure to follow precautions and advice regarding receipt, use, maintenance and storage of the furniture;

– heat or humidity-related stains;

– natural wear and tear of the materials used ;

– corrosion resulting from paint deterioration caused by knocks, scratches, shocks, etc.

– cases of minor corrosion under trays, bases or pedestals as a natural result of the material used;

– corrosion of stainless steel parts due to use in chlorinated and confined environments;

– corrosion of steel, aluminium and stainless steel furniture due to direct use on the seafront;

– changes in the appearance of the materials used due to natural ageing;

– dents in the paintwork caused by bumps between table legs and benches.

Hidden defects warranty

15.11. Unless otherwise stipulated, no action for non-conformity may be brought by the Buyer, by judicial or arbitral means, more than 36 months after the arrival of the Products. Furthermore, any action resulting from latent defects may not be brought more than 20 days after discovery of the defect. It is expressly agreed that after the expiry of the aforementioned period, the Buyer may not invoke the non-conformity of the Products or raise it as a counterclaim in defence of any action brought against it by WADD for non-performance of the contract.

15.12. WADD shall not be liable for any damage or injury to persons, damage to property, loss of profits, loss of earnings or any other direct or indirect damage resulting from any defect in the Products after delivery to Buyer or resulting from any negligence of Buyer, its agents, representatives or employees in the storage or use of the Products. If WADD, its employees or representatives, incur liability to a third party for damages as described above, Buyer shall indemnify, defend and hold WADD harmless from and against such damages.

15.13. In any event, should WADD be held liable, for any reason whatsoever and for any damages, direct or indirect, regardless of the legal basis invoked, whether contractual, tortious or otherwise, such liability shall be limited to the amount, if any, covered by the professional liability insurance taken out by WADD. If for any reason whatsoever and provided that no reimbursement is made under said insurance policy, any liability shall be limited to the amount of the price paid for the Products complained of or to the replacement of such Products.

15.14. Replacement or repair of Products not covered by the Contract warranty will be carried out by WADD after acceptance by the Buyer of a quotation. Transport costs for these repairs will be invoiced to the Buyer.

Early termination

16.1. Either party may terminate the contract with immediate effect, by written notification using a means of communication that allows the date of receipt to be established with certainty (for example, registered letter with acknowledgement of receipt or special courier), in the event of substantial breach by the other party of any of its contractual obligations, or in the event of exceptional circumstances justifying early termination. Furthermore, WADD shall also be entitled to terminate the sale if it becomes apparent that the Buyer will not perform or is in serious danger of not performing one of its principal obligations, even before such obligation becomes due.

16.2. For the purposes of article 16.1 above, any failure by one of the parties to perform all or part of its obligations, which causes damage to the other party to such an extent that the latter is substantially deprived of what it was entitled to expect under the contract, shall be deemed to be a material breach of the contract.

The parties acknowledge that any breach by the Buyer of the provisions of articles 5 (Terms of Payment) and 19 (Intellectual Property Rights) of this contract shall be presumed to constitute a material breach of the contract.

In addition, any failure by one party to perform its contractual obligations may be considered a material breach of contract if it is repeated despite formal notice to do so being given by the other party within 15 days of such formal notice.

16.3. The parties acknowledge that the following circumstances concerning the other party shall be considered as exceptional circumstances justifying early termination at the initiative of one of the parties: bankruptcy, composition with creditors, receivership, liquidation or any other form of agreement between debtor and creditors, as well as any other circumstances which could substantially affect the ability of one of the parties to perform its contractual obligations.

16.4. In the event of the sale being terminated to the Buyer’s detriment, the Buyer shall owe WADD damages fixed at fifty percent (50%) of the purchase price. However, WADD reserves the right to demand higher compensation, provided it can prove its loss.

16.5. Subject to amicable agreement between the parties, the latter may always agree to derogate from the preceding articles with a view to terminating the order for any reason whatsoever.

Handling and storage

17.1 The Buyer shall handle and store WADD products in a clean and appropriate place and in a manner that maintains the good quality of the products. For products requiring specific handling or storage provisions, the Buyer undertakes to comply with the instructions that WADD shall communicate to it.

Force Majeure

18.1. Each party may not be held liable for the non-performance of any of its obligations if it can prove this:

(a) that non-performance is due to an impediment beyond its control;

(b) and that it could not reasonably have been required to foresee this impediment and its effects on its ability to perform its obligations at the time the contract was concluded;

(c) and that it could not reasonably avoid or overcome this impediment or at least its effects.

18.2. For the purposes of the Contract, force majeure is defined as unforeseeable, irresistible events beyond the control of the parties, which render the performance of the obligation impossible.

18.3. The party requesting exemption from liability shall inform the other party as soon as possible of the impediment and its consequences on its ability to fulfill its commitments, as soon as it becomes aware of them. It shall also notify the cessation of the event constituting force majeure.

18.4. The defaulting party who fails to communicate any of this information will be liable to pay damages for the loss that could have been avoided thanks to this information.

18.5. A ground for exoneration from liability under this clause exempts the party failing to perform its obligation from any liability for damages, penalties and other contractual sanctions, with the exception of the payment of interest on sums due, for as long and insofar as such ground subsists.

18.6. If the reasons for exemption persist beyond two months, each party will be entitled to terminate the contract after giving notice to the other.

Intellectual property rights

19.1. The Buyer acknowledges that WADD remains the exclusive owner of the intellectual property rights to the Products, including but not limited to copyright, patent rights, design rights and trademark rights, as well as all of its know-how. In particular, the Buyer’s order of Products, its execution and the delivery of said ordered Products do not imply any assignment, transfer or license of WADD’s intellectual property rights or know-how to the Buyer, with the exception of a non-transferable, non-sublicensable, non-exclusive and limited license for the Buyer’s personal use of the Products’ software.

19.2. “WADD ®” is a registered trademark owned by WADD, which is an integral part of WADD SPRL. WADD products are also protected by a design registration.

19.3. The Buyer will not register and has not registered any trademarks, trade names, distinctive signs, domain names belonging to WADD (or which could lead to confusion with those of WADD) whether in its territory or elsewhere. In the event of a breach of this clause, the Buyer shall pay WADD a fixed indemnity equal to 50,000.00 euros.

19.4. Under no circumstances may the Products distributed by WADD be reproduced or modified, nor may the trademarks, distinctive signs or logos affixed by WADD to the Products be altered or removed.

19.5. The Buyer shall inform WADD of any infringement of which it is aware and which is made, in its territory, of the trademarks, trade names, domain names and any distinctive sign or any other intellectual property right of WADD.

Transfer

20.1 The Buyer shall not assign its rights or obligations under these terms and conditions without the prior written consent of WADD.

No waiver

21.1 Failure to exercise any right available to either Party under this Agreement or otherwise shall not be construed as a waiver by the other Party of any such rights or related remedies and shall not relieve the Parties of their obligations under the Agreement.

Modifications – Invalidity

22.1. No modification or addition to the present contract will be valid without a written document signed by both parties.

22.2. If any clause or provision of this contract is held to be invalid or of no force and effect, the contract shall be construed as a whole so as to give effect as nearly as possible to the original intention of the parties; however, the contract itself shall be held to be invalid in the event that either party, with good reason, would not have entered into the contract had it known of the interpretation subsequently given.

Privacy Policy

23. WADD undertakes to comply with the rules of the General Data Protection Regulation (RGPD) concerning the collection, processing and use of users’ personal data.

• Data Collection: Data collected includes, but is not limited to, names, e-mail addresses, telephone numbers, and payment information. This data is collected when you register on the site, place an order, or participate in surveys and promotions.
• Use of Data: The personal data collected may be used for commercial purposes, in particular to improve our services, personalize the user experience, send promotional offers and newsletters. We ensure that this use complies with the requirements of the RGPD.
• Data sharing: www.bandi.design will not sell, rent or share users’ personal data with third parties without prior consent, except where required by law or for the purposes of providing services.
• Data retention : Personal data is kept for the time necessary to achieve the purposes for which it was collected, unless otherwise required by law.
• Consent: By using the site, the user consents to the collection and use of his/her personal data in accordance with these T&Cs and the www.bandi.design privacy policy.
• Users’ rights: In accordance with the RGPD, users have rights of access, rectification, deletion, opposition and portability of their personal data. To exercise these rights, they can contact our customer service department at the following email address: info@bandi.design.

Languages

23.1 These general terms and conditions of sale are written in French and English.

In the event of discrepancies between the English and French versions, the latter shall prevail.

Relationship between the Parties

24.1 Nothing in this agreement shall, or may be construed as, creating between the Buyer and WADD any de facto association, company, group of companies, economic interest group, joint venture or franchisor to franchisee, employee to employer or principal to agent relationship as defined by the Belgian law of April 13, 1995 relating to commercial agency contracts. Consequently, the Buyer may not act in any way in the name and on behalf of WADD or bind WADD in any way.

Applicable law

25.1 Any matter relating to the performance of this Agreement which is not expressly or impliedly dealt with by the provisions of the Agreement itself (i.e. in the General Conditions or in any special conditions agreed between the parties) shall be governed:

the United Nations Convention on Contracts for the International Sale of Goods (1980 Vienna Convention, hereinafter referred to as the CISG), and

by reference to Belgian law insofar as the issue is not settled by the CISG.

Dispute resolution

26.1. The Parties shall use their best endeavours to settle amicably any dispute, controversy or claim arising out of or in connection with the Contract or any breach, termination or invalidity thereof.

To this end, the European Commission’s website on online disputes may prove useful: http://ec.europa.eu/odr

26.2. Any dispute, controversy or claim between the Parties arising out of the Contract or a breach thereof, its termination or nullity, if not amicably settled under the preceding paragraph within sixty (60) days of receipt by one Party of the other Party’s written request for amicable settlement, shall be submitted by either Party to the Courts and Tribunals of Liège (Belgium) for final determination.