Terms and Conditions – Carthagena Management

Definitions and scope

The General Terms and Conditions of Service, hereinafter referred to as the “Terms and Conditions”, apply to all orders placed with Carthagena Management Ltd (Manu Claessens), whose registered office is at Cooper House 5, Lower Charlton Trading Estate, Shepton Mallet, Somerset, BA4 5QE , UK, registered with the Crossroads Bank for Enterprises in the United Kingdom under number 04860209 trading under the name “Carthagena Management”, hereinafter referred to as “the service provider”.

The present general terms and conditions form the agreement that binds the service provider and the customer, they are hereinafter jointly referred to as the “parties”. The “customer” is any natural or legal person who orders services from the service provider.

The “consumer” is the customer, a natural person, who acts for purposes that are outside his trade, business, craft or profession.

The present general terms and conditions are the only ones applicable, with the exclusion of general or special terms and conditions of the customer that the service provider has expressly accepted in writing.

The general terms and conditions can be consulted freely at any time on the website of the service provider: https://carthagenamanagement.co.uk/, so that the customer must declare when placing an order that he has taken note of the general terms and conditions and confirms that he accepts the resulting rights and obligations.

The service provider reserves the right to change these terms and conditions at any time, without notice, subject to such changes being reflected on its website. These changes will apply to orders for services placed afterwards.

Offer and order

To place an order, the customer selects the service(s) he wishes to order and informs the service provider by telephone, post, e-mail or, where appropriate, via an online form.

The service provider will send the customer a confirmation by e-mail to the e-mail address provided by the customer. Simultaneously with this confirmation, the service provider provides information about the price of the ordered service including any taxes and duties, the delivery cost of the products, the total amount that will be paid by the customer.

The Agreement will be deemed to have been concluded as soon as the e-mail in which the order is confirmed has been sent to the e-mail address provided by the customer.

The e-mail contains a statement that reminds the customer of the application of the present general terms and conditions, as well as of the existence of the consumer’s right of withdrawal.

It is up to the customer to check the correctness of the order and to report any errors immediately to the service provider.

The service provider reserves the right to suspend, cancel or refuse the customer’s order, in particular if the data communicated by the customer proves to be manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.

In the event of cancellation of the order by the customer, for whatever reason and barring force majeure, after it has been accepted by the service provider, the service provider will receive a sum equal to 50% of the price of the order by way of compensation and interest. and will be invoiced to the customer, with a minimum of EUR 500.00, without prejudice to the right of the service provider to full compensation, including lost profit.

Payment

The invoices are payable, in the currency of the invoice, at the registered office of the service provider at the latest on the due date as stated on the invoice or, in the absence of a due date, no later than 8 calendar days after the invoice date. Any dispute relating to an invoice must be sent by ordinary registered letter to the registered office of the service provider within eight days of receipt of the invoice. Failing this, the customer can no longer dispute the invoice. In the absence of payment of an invoice on the due date, the full outstanding amounts become immediately due and payable.

Any invoice that has not been paid on the due date will, with regard to a private individual, automatically and without prior notice of default incur late payment interest of 8% per year. The Law of 2 August 2002 will apply to traders. Any invoice that has remained unpaid on the due date will also be increased, by operation of law and without prior notice of default, by means of compensation and interest by a fixed compensation amounting to 15% of the unpaid amount, with a minimum of EUR 125.00. without prejudice to the service provider’s right to full compensation, including lost profits.

Price

The price of the services is shown in euros, taxes not included. Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and the execution, will automatically be charged to the customer.

Possible delivery costs are not included in the displayed price, but are calculated separately during the ordering process, depending on the method and place of delivery, as well as the number of services ordered.

Terms

The customer cannot invoke the implementation periods to terminate the agreement, cannot claim compensation or interest and cannot assert any other claim, unless express written acceptance to the contrary by the service provider.

In the event of a delay in the delivery of more than thirty working days, the customer must send a notice of default to the service provider by registered letter, giving the latter 50% of the prescribed time to perform the ordered services.

Right of withdrawal

The provisions of this article do not apply to professional Buyers.

In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders distance services from the service provider has a period of 14 calendar days from the day of the conclusion of the contract, i.e. the day on which the consumer sends an e-mail to receives a summary of his order. If this term expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.

The consumer can express his wish to cancel the purchase via a withdrawal form placed online on the website of the service provider, via a form sent together with the order form or available on the website of the FPS Economy , SME, Self-employed and Energy: economie.fgov.be, or else, by means of a statement from which the intention to withdraw from the agreement indisputably shows. The service provider will refund the amount paid by the customer to the latter as soon as possible.

The consumer who expressly accepts that the ordered service is already performed before the expiry of the period of 14 days and who acknowledges that this execution leads to the loss of this right of withdrawal, will exercise this right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law. can no longer exercise. The consumer will also not be able to exercise his right of withdrawal if he finds himself in one of the other exceptions intended by Article VI.53 of the Code of Economic Law.

Cancellation of the order

The customer who does not meet the conditions to make use of the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must inform the service provider, who in turn will inform the customer with regarding the procedure to be followed. Any advance paid by the customer to the service provider will not be refunded to the customer. If no advance has been paid by the customer, the service provider has the right to demand a cancellation fee from the customer amounting to 50% of the price of the services that were part of the order canceled by the customer, with a minimum of 500,00 EUR, without prejudice to the right of the service provider to full compensation, including lost profit.

Execution of the order

The execution times indicated by the service provider are provided for indicative purposes only and do not bind the service provider, they only constitute an obligation of means on the part of the service provider. A delay in the execution of the order can therefore in no case give rise to any compensation, interest, termination of the agreement and/or suspension of the obligations of the customer. The order will only be executed after full payment.

Receipt of the order and complaints

Any complaints regarding the services provided by the service provider must be submitted in writing, within a period of 5 working days after the fact that gives rise to the complaint has occurred. If the complaint is not submitted in the aforementioned manner and within the stipulated period, this will not be taken into account.

If a complaint proves to be justified, the service provider has the choice between replacing the relevant services or refunding the price of these services.

Intellectual property rights

The information, logos, drawings, brands, models, slogans, the corporate identity, etc. that are accessible through the website or the catalog of the service provider are protected by intellectual property rights.

Unless expressly agreed to the contrary, the customer is not permitted to modify, reproduce, rent, lend, sell, distribute or distribute derivative works based on all or part of the elements depicted on the website or in the catalog of the service provider. to create.

Unless expressly deviated from, the agreed price under no circumstances entails a transfer of the intellectual property rights and/or industrial rights in whatever title.

Guarantees

Guarantees with regard to the services provided. The service provider undertakes to perform the services with due care. With regard to the services provided, the customer has a guarantee of conformity with regard to the initially requested services. If a deviation is determined within this period, the service provider will remedy this deviation free of charge and as soon as possible, provided that these deviations are made known as such to the service provider. Are expressly excluded from the guarantee of conformity; the services requested as a result of an unauthorized intervention or modification, as a result of incorrect use or as a result of non-compliant use by the customer,

The service provider declares that the result of the services provided, which would be protected by intellectual property rights, are original creations. If the service provider would have called on third parties to provide all or part of these services, he declares that he has obtained all necessary rights and permissions for the performance of these services.

The service provider therefore indemnifies the customer against any claim, claim, revocation or opposition of any person who invokes an intellectual or industrial property right with regard to all or part of the services provided, or who commits an act of unfair competition.

Liability

The customer acknowledges and accepts that all obligations to which the service provider is obliged must be expressly stated and that it is not liable except for his fraud and gross error. In the hypothesis in which the customer demonstrates the existence of a gross error or fraud on the part of the service provider, the damage to which the customer can claim is limited to material damage that is the direct result of the error alleged against the service provider , to the exclusion of all other damages. This damage can in any case not exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the service provider is not liable for any direct or indirect damage caused by the services provided, such as loss of income, increase in general costs, loss of customers, etc. The service provider is not responsible if incorrect data has been provided by the customer, or if an order is placed by a third party on behalf of the customer.

Internet and new technologies

The customer acknowledges the limitations and the risks associated with the use of the internet or of any other means by which the website will be made available now or in the future. The customer also acknowledges the risks associated with the numerical or electronic storage and transfer of data.

The customer accepts, in view of the aforementioned risks, that the service provider cannot be held liable for damage caused by the use of the website (as well as by any applications) of the service provider or by the internet. The customer accepts, among other things, that the electronic communication exchanged and the backups realized by the service provider can serve as proof.

Miscellaneous provisions

Case of force majeure or coincidence. The service provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations, if such non-performance is due to a case of force majeure or coincidence. In particular, are considered as cases of force majeure or coincidence:

The loss or the total or partial destruction of the IT system of the service provider or of its database, if one of these events cannot reasonably be blamed directly on the service provider and if it cannot be demonstrated that the service provider has failed to take all reasonable measures that these events could have been avoided
Earthquakes
Fire
Floods
Epidemics
Acts of War or of Terrorism
Declared and Undeclared Strikes
Lockout
Blockages
Rebellions and riots
A suspension of utilities (such as electricity)
A lack of internet connection or databases
A flaw in the telecommunications networks
A loss of connection to the Internet connection or to the telecommunications networks on which the service provider depends
A fact or a decision by a third party that affects the proper execution of this agreement
Any other cause beyond the reasonable control of the service provider

Unforeseeability. If, due to circumstances beyond the control of the service provider, the latter is no longer able to fulfill its obligations or if the performance of these obligations has become more expensive or more difficult, the customer and the service provider undertake to act in good faith and in good faith within to renegotiate the contractual terms within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable period, each party will have the right to invoke the dissolution of the agreement and of the contractual relationships that bind the parties without being liable for any compensation of any kind.

Termination of the agreement. In the event of insolvency of the customer or in the event of unpaid debts, even if these arise from previous agreements between the customer and the service provider, the service provider is entitled to suspend the performance of its obligations until the day of full payment by the customer of all outstanding debts. In the event of non-performance of its obligations by the customer, the service provider may immediately terminate the agreement at the expense of the customer, without being liable for any compensation. This termination of the agreement may, where appropriate, give rise to the payment of damages and interests by the customer to the service provider.

Illegality. Unless expressly provided otherwise, the possible irregularity or invalidity of any clause, paragraph or provision (or of any part of a clause, paragraph or provision) shall in no way affect the validity of the other clauses, paragraphs or provisions of the present terms and conditions, nor to the remainder of this clause, paragraph or provision.

Titles. The title used in these terms and conditions is for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.

No distance. The inertia, negligence or delay of a party in the execution of any of its rights or remedies under the present terms and conditions can in no way be considered a waiver of this right or remedy.

Applicable Law and Competent Courts. Any dispute relating to the services provided by the service provider, as well as any dispute relating to the validity, interpretation or performance of these terms and conditions, shall be governed by UK law and shall be subject to the exclusive jurisdiction of the courts of the judicial district of Bristol, United Kingdom.

This version of the general terms and conditions dates from 16/05/2018.