General Terms and Conditions of Sale
These General Terms and Conditions of Sale form an integral part of all BlooLoc’s quotations, agreements, deliveries, and invoices. The Buyer/Customer shall be deemed to have read and taken note of the same and to have accepted all and any clauses of these General Terms and Conditions of Sale unless expressly otherwise agreed in writing.
Any stipulations deviating from these General Terms and Conditions of Sale, even if they are mentioned on documents from the Buyer/Customer or from his representatives, shall apply only if they have been accepted and confirmed by BlooLoc in writing in advance. All BlooLoc’s quotations shall be non-binding and subject to available stock. All delivery terms and delivery dates shall be indicative and non-binding. All prices are exclusive of VAT or similar taxes and do not include delivery charges, which shall, save as provided otherwise, be the subject of a separate invoicing based on the place of delivery.
Save as provided otherwise, BlooLoc’s quotations shall be valid for 1 month. Should an order or agreement resulting from such quotation be cancelled by the Buyer/Customer, BlooLoc shall be entitled to damages amounting to at least 25 % of the total amount of the order or agreement, unless any loss suffered and/or deemed to be suffered is higher than such percentage. In such case BlooLoc shall be entitled to claim full compensation, without prejudice to its right to demand higher damages or the full execution of the agreement
For all goods and services sold directly through BlooLoc’s online shop, in accordance with art. VI.47 and following of the Code of Economic Law, the consumer is entitled to inform BlooLoc that he renounces the purchase, without payment of a penalty or any obligation to give a reason for the renouncement, within 14 days from the day following the delivery of the product. The buyer has no right of renunciation for those products foreseen in article VI.53 of the Code of Economic Law. This foregoing right of renouncement does only apply to the original non-professional buyer and may not be assigned to or received upon by any subsequent transferee of the property sold or to any professional buyer. The right of renunciation must be exercised in writing, by registered letter. In the event that the consumer exercises his right of renunciation the identical products together with the original invoice and delivery note must be sent back intact and in the original packaging to BlooLoc within 14 days and with the same transporter as was the case for the delivery and at risk of the consumer, and all those costs are to be borne by the consumer. Unless it is reasonably demonstrated that the physical condition of the product is not as described in the information given either in the online shop, through e-mail or other written offer, BlooLoc has the right to charge all expenses made, such as (but not limited to) the payment of express delivery shipping charges and insurance cost, at the consumers expense. Any customs or import duties and fees, whether assessed by any governmental authority or other person or entity, are not included in the total purchase
All invoices shall be payable not later than 30 days from the date of invoice. Any such invoices or amounts that are unpaid on their due dates shall be increased ipso jure and without notice of default by 1% interest per month. Furthermore, any such invoices that are unpaid on their due date shall be increased ipso jure and without notice of default by 15% on the total invoice amount, the minimum increase being EUR 50, as liquidated damages.
The ownership in the goods sold shall only pass to the Buyer/Customer at the moment of payment of the total amount(s) due. The risk of the goods shall, however, be transfered to the Buyer/Customer, as soon as the goods are put at his disposal or at the moment of delivery, whichever comes first.
All models, drafts, (graphical) designs, schemes, software, hardware etc., designed by or for BlooLoc, whatever the technique used may be, and all intellectual property rights, related or incorporated therein, such as but not limited to patents, copyright, trademarks, design rights, knowhow, shall be and remain BlooLoc’s and its respective licensors' exclusive property. Buyer/Customer shall only be allowed to integrate the software in its products and services by using the dedicated SDK and API. Buyer/Customer shall only be allowrd to use the software in the cloud or on a dedicated server, as agreed with BlooLoc. All other use of the software, such as but not limited to copying, amending, translating, further developing, decompiling, reverse engineering or reproducing the same is not allowrd, unless with BlooLoc’s prior written consent. All hardware sold under these General Terms and Conditions of Sale can only be used in accordance with their usage guidelines.
BlooLoc is not and shall not be liable for any indirect damages, including incidental or consequential damages, including lost profits, lost savings, damages caused by interruption of operations. BlooLoc can never be held liable for delays in delivery resulting from alterations made to the initial order by the Buyer/Customer. BlooLoc can never be held liable of any damages incurred by the Buyer/Customer due to any interruptions or lack of availability of any network, internet connection or a reduction in capacity of such networks or systems and for the loss or damage to any data of the Buyer/Customer. BlooLoc can never be held liable for any use, or the inability to use the products and/or services by Buyer/Customer or by their users or customers
To the maximum extent permitted by law, BlooLoc shall not be liable for any direct damages to the Buyer/Customer. In the event however that BlooLoc is held liable for direct damages, its total liability shall in all cases be limited to a total aggregate maximum amount equal to the amount of the invoices paid by Buyer/Customer for the services and/or the products ordered from BlooLoc under the offer concerned.
Without prejudice to BlooLoc’s rights, BlooLoc shall be entitled, if it is unable to fulfill the agreement or an order due to an event of force majeure, to suspend the fulfillment of the agreement or order at its choice without any intervention of the court, or to dissolve the agreement or order in whole or in part, without any damages or compensation being due by BlooLoc.
Buyer/Customer shall indemnify BlooLoc against any and all claims of third parties with respect to product liability as a consequence of any defect in a product or system which was supplied to a third party by Buyer/ Customer and partly consisted of products supplied by BlooLoc. BlooLoc makes no warranties, express or implied, with respect to the goods and services sold under these General Terms and Conditions of Sale, such as but not limited to the implied warranties of merchantability, non-infringement, or fitness for a particular purpose.
The delivery of the goods shall be deemed to take place upon their shipment from BlooLoc's or its partners' warehouses. In principle, the goods shall be delivered for the Buyer's account, at his expense and at his risk, save as provided otherwise.
All and any complaints or protests must be made by registered letter within 14 days from the date of receipt of the goods for all defects or failures in the delivery or goods. Should the Buyer/Customer fail to take delivery of the goods, such 14-day term shall start running from the receipt of the dispatch note or any similar document, in default thereof from the date of the invoice.
All agreements entered into with BlooLoc, such as these General Terms and Conditions of Sale, shall be governed by Belgian law, unless otherwise agreed in writing. Any such dispute which may arise in connection with these General Terms and Conditions of Sale, or a quotation/delivery/invoice/ agreement shall be submitted to the exclusive jurisdiction of the Belgian courts, notably the courts of Leuven.