GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
THEO VAN HALEWIJCK Trading under the name: “Møbelfabrik”
Lange Dreef 4, 9120 Beveren, Belgium Enterprise number 0593.560.420
1. TAAL, LANGUAGE
English: These General Conditions are available on request and can also be consulted on https://www.mobelfabrik.com/terms-conditions in English. Only the English version of these General Conditions is legally valid.
2. DEFINITIONS
2.1 “MØBELFABRIK”: the sole partnership “THEO VAN HALEWIJCK”, trading under the name “Møbelfabrik” and incorporated and existing under the laws of Belgium, with it registered office at Lange Dreef 4, 9120 Beveren, registered with the RPR/RPM in Ghent, department Dendermonde under number 0593.560.420 and known to the VAT-administration under number BE 0593.560.420.
2.2 “Website”: the website with url https://www.mobelfabrik.com/.
2.3 “Webshop”: Møbelfabrik’s web shop, which is part of the Website on which the Customer has the possibility to create a User account and buy products.
2.4 “General Conditions”: the present general terms and conditions of sale and delivery.
2.5 “Customer”: any natural person or legal entity that buys a product and/or service from Møbelfabrik, places an order with MØBELFABRIK and/or sends a price request to MØBELFABRIK, as well as everyone who buys a product and/or service from MØBELFABRIK, places an order with MØBELFABRIK and/or sends a price request to MØBELFABRIK in the name or on behalf of any other natural person and/or legal entity.
2.6 “User Account”: the account and corresponding combination of user login and password that MØBELFABRIK can assign to a certain Customer.
2.7 “Letter of Complaint”: a letter of complaint, sent by registered mail, mentioning the invoice number, all references (as far as applicable) as provided in the order confirmation by MØBELFABRIK, the delivery note from MØBELFABRIK and the invoice from MØBELFABRIK, with accurate identification of the products and/or services and a detailed description of the non-conformity or defect.
2.8 “Conformity of the Delivery” (exhaustive definition): delivery of the correct (types of) products and/or services, without visible defects other than those already mentioned by MØBELFABRIK, on the correct location(s) and of the correct quantities, in conformity with the order confirmation by MØBELFABRIK. In the absence of an order confirmation by MØBELFABRIK, the correctness of the (types of) products and/or services, of the location(s) and of the quantities shall be evaluated in accordance with the Customer’s order.
3. SCOPE OF APPLICATION
3.1 Notwithstanding any communications to the contrary in the past or future, by creating a User Account, by sending a price request and/or order to or concluding an agreement with MØBELFABRIK, the Customer accepts that only the following norms apply to all contractual, precontractual and non-contractual legal relationships between MØBELFABRIK and the Customer, both current and future: (in descending ranking order, the next in the absence or by implication of the previous one) (1) the written order confirmation by MØBELFABRIK; (2) the special terms and conditions (if any); (3) these General Conditions; (4) the Privacy Policy published on the Website; (5) Articles 4-88 of the Vienna Convention on International Sale of Goods; (6) the Unidroit Principles; (7) Belgian law, except for articles 1-3 and 89-101 of the Vienna Convention on the International Sale of Goods. Any other provisions and/or conditions, such as among others the general and/or special terms and conditions of the Customer are not applicable and are explicitly rejected by MØBELFABRIK. Any other (deviating) provisions and/or conditions are solely applicable if and to the extent MØBELFABRIK has explicitly signed these deviating provisions and/or conditions for approval. Such exceptions, expressly signed for approval only apply to the project to which they relate and cannot be invoked for other, even similar projects.
3.2 These General Conditions do not prejudice the rights that are legally granted to the Customer in a mandatory manner in accordance with the applicable national regulations regarding consumer protection.
3.3 If one or part of a provision of these General Conditions should be rendered null and void, the rest of the provisions and/or the remainder of that provision shall remain valid. If one or part of the provisions is rendered null and void, MØBELFABRIK and the Customer, as far as possible and according to their own loyalty and convictions, shall negotiate to replace the invalid (part of the) provision with an equivalent provision in the general spirit of these General Conditions.
3.4 MØBELFABRIK reserves the right to amend and/or adjust these General Conditions at any time whatsoever.
4. OFFER, ORDER AND ORDER CONFIRMATION
4.1 MØBELFABRIK may alter its offer – also that on its Website and/or Webshop – at any time whatsoever. This implies that MØBELFABRIK can also delete certain products that the Customer has already placed in his electronic shopping card.
4.2 MØBELFABRIK can withdraw its offers at any time whatsoever. In any event, all offers by MØBELFABRIK are without obligation and are to be considered solely as an invitation to the Customer for placing an order.
4.3 An agreement is only established when a person who is authorised to bind MØBELFABRIK in law confirms the Customer’s order in writing or electronically, or when MØBELFABRIK starts to implement the order.
4.4 MØBELFABRIK has the right to require the integral prepayment at all times. In such event, MØBELFABRIK’s obligations towards the Customer shall be suspended completely until the amount concerned is paid integrally and this, without any right of recourse for the Customer with regard to MØBELFABRIK.
4.5 All deliveries of products and/or performances of services that were not foreseen in the order confirmation by MØBELFABRIK, are considered to be additional orders and/or additional works upon request by the Customer and will be charged to the Customer as such.
4.6 MØBELFABRIK is free to select the parties with which it wishes to enter into an agreement and always has the right to require a minimum invoice amount.
5. PRICE AND COSTS
5.1 All prices include VAT (if any) and are, except as provided otherwise, expressed in Euros. A separate individual price is calculated for every purchase, every service and every project. This price is only valid for that specifically defined purchase, service and/or project and therefore does not apply to other, even similar purchases, services and/or projects.
5.2 In the event of delay, MØBELFABRIK has the right to increase the prices as provided in the order confirmation by MØBELFABRIK. Among others, the following is considered to be delay (this list is purely given as an example): if the Customer is not present at the time the products are presented to the Customer; non-compliance of the Customer with the obligations mentioned under articles 9 and 13 of these General Conditions; etc.
5.3 Currency fluctuations, increases in costs imposed by the government, levies and taxes, transportation costs, import and export duties, or insurance premiums, arising between the order confirmation and delivery of purchased products and/or services entitle MØBELFABRIK to increase the agreed price accordingly.
6. MØBELFABRIK’S COMMITMENTS
6.1 MØBELFABRIK’s commitments are limited to an accurate execution of its obligations as described in the order confirmation by MØBELFABRIK. In the event there is no order confirmation by MØBELFABRIK, MØBELFABRIK’s responsibility is limited to the execution of the Customer’s written order.
6.2 MØBELFABRIK is not responsible for compliance with the respective legal obligations relating to the delivery and/or use of the products which apply in the country where the products will be delivered and/or used, such as among others (and without being limited thereto), permit applications, quality requirements, import regulations, etc.
6.3 Except as expressly provided otherwise, MØBELFABRIK is not responsible for the installation of the purchased products.
6.4 In the event certain products and/or components of certain products are not/no longer available, MØBELFABRIK and the Customer can mutually agree to replace the missing products and/or components by a functional equivalent of another brand. The possible replacement of missing products and/or components by a functional equivalent does not release the Customer of any of his obligations under the articles 9 and 13 of these General Conditions and cannot, under any circumstances, cause a price reduction or dissolution of the agreement between MØBELFABRIK and the Customer. The possible additional costs of such replacement are not included in the price and will be charged to the Customer.
7. DELIVERY OF THE PURCHASED PRODUCTS AND SERVICES
7.1 Except as agreed otherwise, deliveries shall only occur at the doorstep of Customer’s invoicing address.
7.2 The Webshop is organised for deliveries in mainland EU only and any delivery outside this territory may be subject to different conditions.
7.3 Except as agreed otherwise, deliveries shall always occur conform the Incoterm© “Delivery At Place (DAP)”. The Customer shall immediately and at the latest 72 hours prior to the start of the transport, inform MØBELFABRIK about any circumstances that might complicate and/or impede the transport, such as – without being limited thereto – road works, closing hours and absence of the Customer.
7.4 The conditions of delivery agreed upon shall always be interpreted in conformity with the Incoterms© which are valid on the moment of the conclusion of the agreement between MØBELFABRIK and the Customer.
7.5 The availability of the stock, as provided on the Website and/or Webshop, is always indicative and is not an essential part of MØBELFABRIK’s obligations towards the Customer, neither of the agreement between MØBELFABRIK and the Customer, nor of the order confirmation by MØBELFABRIK. MØBELFABRIK is by no means responsible for any delay, annulment and/or additional costs that might occur as a result of incorrect information regarding the availability of the stock.
7.6 The stated implementation and delivery times are always indicative and are not an essential part of MØBELFABRIK’s obligations towards the Customer, even if mentioned in the order confirmation by MØBELFABRIK. If the stated term is exceeded, MØBELFABRIK and the Customer will agree on a reasonable additional term. Any delay, whether in the original or additional term, will not give rise to the dissolution of the agreement between MØBELFABRIK and the Customer or to any compensation whatsoever. Changes to a price request and/or order from the Customer, changes in the order confirmation by MØBELFABRIK automatically result in lapse of the proposed expected delivery times.
7.7 MØBELFABRIK is by no means liable for delays incurred as a result of failures on the part of its manufacturers and/or suppliers, the Customer and/or any other third party.
7.8 MØBELFABRIK has the right to deliver the purchased products and/or services in several parts. Partial implementation or delivery does not give rise to the dissolution of the agreement between MØBELFABRIK and the Customer or to any compensation whatsoever.
7.9 Except as provided otherwise, explicitly and in writing, the delivery will take place within 1-4 weeks after the order confirmation. The Customer can request Møbelfabrik to delay the delivery with a maximum of 6 months after the order confirmation.
If the Customer wants to delay the delivery for more than 6 months, he has to pay additional storage expenses of 1% of the entire invoice amount per week.
7.10 At the explicit Customer’s request, the Customer can choose to collect the purchased goods itself at the registered seat or in Antwerp, Molenstraat 85, 2018 Antwerp, depending on where the purchased good is located. In that case, the Incoterm© “Ex Works (EXW)” applies.
8. SUBCONTRACTING
8.1 MØBELFABRIK has the right to have (a part of) the agreed services performed by a subcontractor.
8.2 In the event MØBELFABRIK performs its activities as a subcontractor, MØBELFABRIK has a right to direct action towards the principal, amounting to the sum that the latter is due to the contracting party - main contractor at the time of initiation of the direct action.
8.3 In the event MØBELFABRIK performs its activities as a subcontractor, MØBELFABRIK also has a right of pledge with regard to all of the contracting party - main contractor’s debts originating in the services agreement relating to the activities that MØBELFABRIK performed as a subcontractor.
8.4 The right of direct action and the right of pledge, mentioned in articles 8.2 and 8.3 of these General Conditions, do not solely relate to the debts concerned, but also to its accessories, such as (without being limited thereto): interests and other possible compensation from penalty clauses.
9. INFORMATION
9.1 The Customer is deemed to be aware of all characteristics of the products and/or services he orders. The Customer cannot derive any right from the information provided by MØBELFABRIK, either at its own initiative or upon the Customer’s request.
9.2 The Customer is exclusively and entirely responsible for determining whether the purchased products and/or services are suitable and meet all requirements regarding the use and/or purposes for which the Customer purchased the products and/or services or wishes to use them.
Thereto, the Customer shall retrieve the required information (among others relating to the measurements of the products, the proper use of the products concerned, the possible dangers regarding the products, the applications and qualities of the products, etc.).
In this regard, the Customer is explicitly obliged to verify the information he received, among others – without being limited thereto – regarding the accuracy of the information received, the exhaustiveness of the information and the relevance of the information for the use and/or purposes for which the Customer purchased the products and/or services or wishes to use them.
9.3 All information provided to the Customer by MØBELFABRIK, either at its own initiative or upon the Customer’s request, serves for information purposes only and does not release the Customer from his obligations under article 9.2 of these General Conditions. MØBELFABRIK’s responsibilities in that respect are always limited to the responsibility imperatively imposed on it by Belgian law.
10. ACCEPTANCE, RIGHT OF WITHDRAWAL, DELIVERY AND COMPLAINTS
10.1 The Customer shall carry out an initial check immediately on collection and/or delivery of the purchased products and/or services, concerning among others the Conformity of the Delivery.
10.2 In case of B2C sale of products through the Webshop, the Customer has the right to withdraw from the contract with MØBELFABRIK for any reason and without incurring any penalty within fourteen (14) calendar days from the date on which the Customer received the product purchased from the Webshop. If the Customer wants to exercise its right of withdrawal, it shall notify MØBELFABRIK by e-mail (info@mobelfabrik.be) as soon as possible, and in each case before the end of the 14 calendar day period. The Customer shall return the product in accordance with MØBELFABRIK’s instructions within fourteen (14) calendar days from exercising its right of withdrawal and the Customer shall bear the costs of returning the product. MØBELFABRIK shall refund the Customer for the purchase costs and the reasonable standard delivery costs within fourteen (14) calendar days from the exercising of its right of withdrawal or upon receipt of the returned product, whichever occurs later. If, upon returning the product, MØBELFABRIK notices any reduction in the value of the product resulting from the handling of the product that goes beyond what was necessary to determine the nature, characteristics and operation of the product, it may deduct any such reduction in value from the refund.
10.3 Complaints regarding the Conformity of the Delivery must be made by formulating a reservation on the delivery note and must be confirmed to MØBELFABRIK, failing which the Customer is deemed to have accepted the delivered products and/or services as agreed Making use of, processing, repacking and/or reselling the products delivered by MØBELFABRIK is deemed to constitute approval and acceptance and final delivery of the products and/or services concerned and releases MØBELFABRIK from its responsibilities and liability in conformity with article 11.1 of these General Conditions.
10.4 In case of B2B sale of products, the Customer forfeits the right to rely on non-Conformity of the Delivery and/or any other defect, unless he notifies MØBELFABRIK thereof by Letter of Complaint within a period of three (3) working days after discovering or after he should have discovered the non-compliance or defect. Complaints regarding latent defects must be notified to MØBELFABRIK by means of a Letter of Complaint, accompanied with photographs of the defect and at the latest within a period of six (6) months after delivery.
10.5 In case of B2C sale of products, the Customer forfeits the right to rely on non-Conformity of the Delivery and/or any other defect, unless he notifies MØBELFABRIK thereof by Letter of Complaint within a period of two (2) months after discovering the non-compliance or defect. Complaints regarding latent defects must be notified to MØBELFABRIK by means of a Letter of Complaint, accompanied with photographs of the defect and at the latest within a period of six (6) months after delivery.
10.6 In case complaints regarding non-Conformity of the Delivery are notified to MØBELFABRIK timely and correctly, MØBELFABRIK will, at its own discretion: (1) (partly) restore the non-compliant or faulty product and/or service; or (2) compensate for the non-compliant or faulty part at the price provided in the order confirmation by MØBELFABRIK. The Customer acknowledges that these measures, individually, constitute a complete and adequate compensation of any possible damage resulting from non-Conformity of the Delivery.
10.7 A possible (partial) replacement and/or repair of products, components and/or services cannot give rise to the dissolution of the agreement between MØBELFABRIK and the Customer or to any compensation whatsoever.
10.8 Other than by virtue of article 10.2 of these General Conditions, the Customer shall under no circumstances have the right to return products or components, to have works executed by third parties or to buy goods or services to replace those to which the contract relates without MØBELFABRIK’s explicit written confirmation,
10.9 MØBELFABRIK reserves the right to examine the non-Conformity of the Delivery and/or other defects and investigate the causes on site with the Customer, either itself or through a representative, if it wishes so.
10.10 The Customer is required to compensate costs incurred in connection with unjustified complaints.
11. LIABILITY
11.1 As a Customer of MØBELFABRIK, you know that the purchased goods are old and not perfect. As the goods are second hand, the liability of MØBELFABRIK is limited to maximally 1 year after delivery of the respective products, in case the Customer notifies MØBELFABRIK timely and correctly, in accordance with the articles 10.3 – 10.6 of these General Conditions,
11.2 Without prejudice to articles 6.2 and 6.3 of these General Conditions, MØBELFABRIK’s liability is limited to the responsibility imperatively imposed on it by law, and is under all circumstances limited to the lowest of the following amounts: (1) the respective invoice amount, or (2) the amount of insurance policies taken out by MØBELFABRIK.
11.3 MØBELFABRIK will under no circumstances be held liable for any latent defects it was not aware of or for any indirect damages (including loss of profits), damages caused by the Customer and/or third parties, damages resulting from incorrect or inadequate use of the purchased products and/or damages resulting from non-compliance by the Customer and/or his employees or staff with statutory and/or other obligations, including – without being limited thereto – the respective producer or supplier’s safety instructions and possible conditions of use.
11.4 MØBELFABRIK will under no circumstances be held liable for any damages resulting from the Customer’s failure to comply with his obligations under articles 9 and 13 of these General Conditions and, among others – without being limited thereto – to retrieve and verify all required and useful information, nor for any damages resulting from incorrect and/or incomplete information that was provided to the Customer by the supplier(s) and/or producer(s) of the purchased products or by any third party.
11.5 The Customer is exclusively responsible for the reselling of the purchased products and guarantees to comply with all (statutory and other) obligations related thereto.
12. INDEMNIFICATION
12.1 The Customer shall indemnify MØBELFABRIK and hold it harmless from and against any and all claims and procedures, including claims and procedures initiated by third parties, that might arise or result from any action or omission by the Customer, in violation of the order confirmation by MØBELFABRIK, the special terms and conditions, these General Conditions, the terms and conditions of use as published on the Website and/or any other (statutory) obligations of the Customer.
12.2 The Customer shall compensate MØBELFABRIK for all damages, including judicial and other costs, occurring in relation to its defence regarding the claims and/or procedures mentioned under article 12.1 of these General Conditions.
13. CUSTOMER’S OBLIGATIONS
13.1 The Customer is entirely and exclusively responsible for:
timely providing MØBELFABRIK with all relevant information, among others relating to the information MØBELFABRIK indicates to be necessary or useful for the execution of its obligations towards the Customer and relating to information the Customer should reasonably understand to be necessary or useful for the execution of MØBELFABRIK’s obligations towards the Customer;
notifying MØBELFABRIK prior to the delivery of the purchased products and/or services of possible standards and statutory regulations the products and/or services need to fulfil;
notifying MØBELFABRIK in writing about any specific requirements the purchased products and/or services need to fulfil;
complying with the specific obligations relating to the delivery and/or use of the products applicable in the country where the products will be delivered and/or used, as mentioned under article 6.2 of these General Conditions, irrespective of the possibility that, in accordance with the law of the country where the products are delivered and/or used, these obligations might be imposed on MØBELFABRIK;
profoundly testing the products within 48 hours after delivery and under all circumstances has the obligation to adequately test the products prior to using, processing and/or reselling them;
guaranteeing the safety of MØBELFABRIK’s employees or contractors when they perform services on the Customer’s site;
adequately informing and training his employees and staff with regard to the respective producer or supplier’s safety instructions and possible conditions of use;
taking out the necessary insurance policies. The Customer grants MØBELFABRIK approval to examine the policies and proofs of payment for the above-mentioned insurance policies on first request.
13.2 If the Customer does not comply with his obligations, as provided in the order confirmation by MØBELFABRIK, the special terms and conditions, these General Conditions, the terms and conditions of use as published on the Website and/or if the Customer does not comply with any other (statutory) obligations, MØBELFABRIK has the right to suspend its obligations. Costs associated with this interruption will be integrally borne by the Customer. These costs concern, among others (this list is given purely as an example): additional hours worked, additional transportation and travel costs, costs for stocking, etc.
14. FORCE MAJEURE AND HARDSHIP
14.1 MØBELFABRIK is not liable for any shortcoming in the performance of any obligation caused by force majeure or hardship.
14.2 In case of force majeure or hardship MØBELFABRIK may, without prior notice of default or recourse to a court of law and without any right of recourse for the Customer with regard to MØBELFABRIK, at its discretion: (1) propose to the Customer to replace the missing products and/or components by a functional equivalent; (2) temporarily suspend performance of its obligations; (3) dissolve the agreement between MØBELFABRIK and the Customer by registered letter and without recourse to a court of law; and/or (4) invite the Customer to renegotiate the agreement between MØBELFABRIK and the Customer. If the Customer does not participate in good faith in the renegotiation, MØBELFABRIK may, in accordance with article 22 of these General Conditions, request the courts to determine new contractual conditions and/or order the Customer to pay compensation.
14.3 By force majeure and hardship are understood, among others (this list is purely given as an example): unavailability and/or scarcity of certain materials, scarcity of raw materials, currency fluctuations, increases of prices for materials, of prices charged by the producer, of prices of auxiliary and raw materials, wages, salaries, social taxes, costs imposed by the government, levies and taxes, transportation costs, import and export duties, insurance premiums, occurring between the order confirmation and the delivery, ice formation, exceptional weather conditions, strikes, mobilisation, wars, disease or accidents, communication and information technology breakdowns, government measures, export bans, delays in deliveries, transport and/or travel obstacles, including lack or withdrawal of transport facilities, export obstacles, import obstacles, breakdowns, traffic jams, etc.
15. BILLING AND PAYMENT
15.1 The Customer shall notify MØBELFABRIK of any complaints concerning invoices, by means of a Letter of Complaint, within eight (8) calendar days after receipt of the invoice. Such complaints do not release the Customer from his payment obligations.
15.2 Except as explicitly agreed otherwise, all invoices are payable in cash at MØBELFABRIK’s registered office, by online payment in the Webshop or by transfer to the bank account number stated on the invoice within a period of eight (8) calendar days from the date of the invoice. The Customer is not allowed to make payments to intermediaries.
15.3 No discount will be granted for cash payments. Only receipts signed by persons authorised to bind MØBELFABRIK in law are valid.
15.4 Acceptance of partial payment is subject to reservation of all rights and will be charged in the following order: (1) collection costs, (2) compensation for damages, (3) interest, (4) principal amounts.
15.5 The recording of an outgoing invoice in MØBELFABRIK’s book of outgoing invoices serves as presumption of the sending and receipt of the invoice concerned.
16. CANCELLATION
16.1 MØBELFABRIK reserves the right to cancel the Customer’s order either partly or completely, and without giving rise to any right of compensation or right of recourse towards MØBELFABRIK, in the event certain products and/or components of certain products are not available.
16.2 Save as provided for in article 10.2 of the General Conditions, and subject to the express written agreement of MØBELFABRIK, the Customer is not allowed to cancel his order or the agreement between MØBELFABRIK and the Customer.
In the event that an order and/or the agreement between MØBELFABRIK and the Customer is cancelled by or on behalf of the Customer other than in accordance with article 10.2 of these General Conditions, and even with the express written agreement of MØBELFABRIK, the Customer will be obliged to pay fixed compensation equal to 25% of the total invoice amount, without prejudice to MØBELFABRIK’s express right to claim higher compensation on submission of proof.
17. FORFEITURE OF RIGHTS
If MØBELFABRIK fails, even repeatedly, to enforce any right, this can only be deemed toleration of a certain situation and will not result in forfeiture of rights.
18. NETTING
18.1 In accordance with the Belgian Act on Financial Guarantees of 15 December 2004, MØBELFABRIK and the Customer will automatically set off all currently existing and future debts towards each other by operation of law. This means that in the long-term relationship between MØBELFABRIK and the Customer the largest amount receivable will always remain on balance after the above-mentioned automatic set-off.
18.2 This set-off will in all events be enforceable against any trustee in bankruptcy and other joint creditors, who will therefore not be able to object to the set-off performed by MØBELFABRIK and the Customer.
19. SUSPENSION AND DISSOLUTION
19.1 In case of any change to the situation of the Customer, such as decease, conversion, merger, takeover, transfer, liquidation, suspension of payments, collective composition or out of court settlement, application for postponement of payment, closing down activities, seizure or any other circumstance that could harm confidence in the Customer’s creditworthiness, MØBELFABRIK reserves the right, simply for that reason: either to suspend execution of one or more agreements with the Customer until the Customer has offered sufficient payment guarantees; or to declare one or more agreements with the Customer dissolved from the date of sending the dissolution, without prior notice of default, without recourse to a court of law and without prejudice to the right of MØBELFABRIK to claim additional compensation.
19.2 If the agreement between MØBELFABRIK and the Customer is terminated, irrespective of whether this termination occurs in application of article 19.1 of these General Conditions, the Customer no longer has the right to demand MØBELFABRIK to perform its obligations with regard to the terminated agreement.
20. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
20.1 MØBELFABRIK remains the exclusive proprietor of all intellectual property rights it possesses with regard to the delivered products and/or services. The Customer guarantees towards MØBELFABRIK that the data he supplies do not infringe third party intellectual property rights.
20.2 Any documents, information, models and drafts or designs of any nature provided to the Customer during the negotiations on and/or the execution of the agreement between MØBELFABRIK and the Customer and/or that are mentioned in any possible document from MØBELFABRIK, including order confirmations and delivery notes from MØBELFABRIK, must be treated as confidential. Upon first request, the aforementioned documents must be returned to MØBELFABRIK.
20.3 Such documents, information, models and drafts or designs remain the property of MØBELFABRIK and shall not be disclosed to third parties or copied or used directly or indirectly, wholly or partially, for purposes other than those for which they are intended, except with the express written consent of MØBELFABRIK.
20.4 The obligation to observe confidentiality also continues after the end of the agreement between MØBELFABRIK and the Customer, at least until the documents, information, models and drafts or designs in question have entered the public domain without the fault of the Customer.
21. PERSONAL DATA AND IMAGES
The Customer gives MØBELFABRIK his approval to use footage and images of the products and/or services delivered to the Customer for the purpose of among others (this list is purely given as an example): general information, advertising purposes, publication on the Website and/or Webshop, publication in flyers or folders, etc.
22. DISPUTES
Any disputes between MØBELFABRIK and the Customer are submitted to the exclusive jurisdiction of the competent courts of Antwerp, section Antwerp, unless MØBELFABRIK prefers to bring the dispute to the courts of the registered office or residence of the Customer.