1. Identity
This website is owned by BV Fisocad.
- Registered office: Kouterlosstraat 8, 9800 Deinze, Belgium
- Phone: 09 324 54 81
- Email: info@fisocad.be
- Company number: 1014.575.557
2. General terms and conditions
The general terms and conditions below apply in full to every assignment, quotation, delivery and invoice of Fisocad. You can also download them as a PDF.
Article 1 · General
1.1 Fisocad, with its registered office at Kouterlosstraat 8, 9800 Deinze, Belgium, is registered in the Belgian Crossroads Bank for Enterprises (CBE) under company number 1014.575.557.
1.2 Only these terms and conditions apply to the relationship between Fisocad and the client, who acknowledges accepting them when placing the assignment.
Article 2 · Quotations and price estimates, formation of the agreement
2.1 Quotations and price estimates are issued subject to all reservations and without any obligation on the part of Fisocad. Quotations and price estimates are valid only for the period stated in the quotation, in principle 30 days from the date on which it is drawn up. No rights in respect of future assignments can be derived from past quotations or price estimates.
2.2 Any cancellation of an assignment by either party must be made in writing. In the event of cancellation, the customer owes, in addition to payment for the services already provided and for the goods and materials ordered and/or delivered, fixed damages of 50% of the price of the order. If the cancellation is made by the end customer, the services already provided must be paid for.
Article 3 · Performance of the agreement
3.1 Delivery and/or performance periods are provided by way of information only and are therefore not binding on Fisocad, unless expressly agreed otherwise between the parties.
Delay in delivery and/or performance can, however, give no cause for any penalty, damages, dissolution of the agreement or refusal to take delivery of the product.
Article 4 · Price
4.1 The agreement is concluded at the prices stated in the quotation/price estimate and on the method of payment provided for therein, except in the case of mutually agreed deviations from the original quotation or price estimate that have been confirmed by Fisocad.
4.2 All prices are exclusive of VAT and other costs (insurance and the like), unless explicitly provided otherwise. VAT is payable by the client.
Article 5 · Invoicing and payment
5.1 Every invoice addressed to a client acting as an undertaking, the amount of which is not or not fully settled on the due date, is increased by operation of law by fixed and non-reducible damages equal to 10% of the amount due, with a minimum of EUR 150.00, without any notice of default being required and without prejudice to legal and enforcement costs. In addition, default interest is due by operation of law at the statutory interest rate under the Act of 2 August 2002 on combating late payment in commercial transactions, without any prior notice of default being required and without prejudice to legal and enforcement costs. Each month commenced is regarded as a full month. Partial payments are applied first to cover the costs, interest and damages, and only afterwards deducted from the principal amounts.
5.2 Every invoice addressed to a client acting as a consumer, the amount of which is not or not fully settled on expiry of a period of at least 30 calendar days commencing on the third working day after Fisocad has sent a free reminder by post, or on the day following the day on which Fisocad has sent a free reminder by electronic means, is increased by fixed damages in accordance with art. XIV.4 of the Belgian Code of Economic Law. In addition, from that moment a reference interest rate increased by eight percentage points is due, in accordance with the statutory interest rate under the Act of 2 August 2002 on combating late payment in commercial transactions, without prejudice to legal and enforcement costs. Each month commenced is regarded as a full month. Partial payments are applied first to cover the costs, interest and damages, and only afterwards deducted from the principal amounts.
5.3 Without prejudice to the provisions of article 7, the client must, in the event of a dispute, protest invoices from Fisocad by reasoned registered letter within a period of 8 calendar days of receipt, failing which the right to do so lapses.
Article 6 · Force majeure
6.1 If Fisocad is unable to carry out the order due to force majeure, which is understood to include accidents, illness, epidemics, fire, war, strikes, lock-outs, uprisings, delays on the part of suppliers, lack of means of transport and so on, Fisocad has the right to terminate the agreement without any further compensation to the client. In that case, the delivery or performance periods are extended by operation of law.
Article 7 · Complaints and warranty
7.1 All complaints relating to the services or products delivered must be reported to Fisocad in writing within 8 calendar days. Hidden defects must be reported in writing immediately upon their discovery. A defect that is not reported in time voids any right to repair or replacement. The receipt of a complaint by Fisocad may not be regarded by the customer as an indication that Fisocad considers the complaint to be timely or justified.
7.2 Fisocad is liable only for damage that is the direct and demonstrable consequence of a failure attributable to it. Fisocad can under no circumstances be held liable for any other form of damage, such as business losses, damage caused by delay, or loss of use and loss of profit. In any event, the liability of Fisocad is limited to an amount equal to the invoice value excluding VAT for the order concerned.
Article 8 · Transfer of rights
8.1 The client becomes the owner of, or acquires the right to use, the products delivered only from the moment it has fulfilled all of its obligations towards Fisocad.
8.2 Notwithstanding the retention of title provided for, the risk relating to the goods passes to the client at the moment of delivery.
Article 9 · Intellectual property
9.1 The documents handed over to the customer before or after the conclusion of the agreement are protected by copyright and remain the property of Fisocad. They may not be used, copied or reproduced by the client without the latter's permission.
9.2 Where intellectual property is created within the contractual relationship with the customer, the intellectual property rights remain with the customer, unless agreed otherwise.
Article 10 · Privacy
10.1 In order to perform the agreement, Fisocad needs the following data of the client: name, address, telephone number, email address and invoicing details. Fisocad is responsible for the processing of this data. The processing of this data is necessary for the performance of this agreement and will not be used for any other purpose.
10.2 In certain circumstances, Fisocad is obliged to pass on the client's personal data. This is the case where the law, regulations or legal proceedings oblige Fisocad to do so, where it is requested to do so by government authorities in the context of law enforcement action, or where Fisocad considers it necessary to pass on the client's personal data in order to prevent damage or financial loss, in the context of an investigation into fraud or other illegal activities, and also where this is necessary for the performance of the agreement as concluded with the client.
10.3 If Fisocad sells or transfers all or part of its activities or assets, it reserves the right also to transfer all of the client's personal data. In that case, Fisocad will make the necessary efforts to notify the client of this and to ensure that the party acquiring the personal data also uses it in accordance with this article.
10.4 The client has the right to inspect its data at any time and, where applicable, to correct it.
10.5 Fisocad maintains an appropriate administrative, technical and physical security policy, under which the client's personal data is protected against accidental, unlawful or unauthorized destruction, loss, access, disclosure or use.
Article 11 · Miscellaneous and settlement of disputes
11.1 These general terms and conditions of sale in no way affect the exercise by Fisocad of any other statutory or contractual rights to which it is entitled.
11.2 The client is prohibited from transferring its rights and obligations under the agreement concluded with Fisocad without the prior written consent of Fisocad. Any unauthorized transfer is null and void by operation of law.
11.3 Any failure by Fisocad to demand performance of the provisions of these general terms and conditions of sale may not be taken to imply any waiver of, or renunciation of, the application of that provision or of any other provision.
11.4 The invalidity of one or more provisions of these general terms and conditions of sale does not affect the application of the other provisions.
11.5 Only Belgian law applies to the relationship between Fisocad and the client. Any dispute will be submitted by Fisocad to the courts of the district in which Fisocad is established, without prejudice to the right of Fisocad to take legal action before the courts of the client's jurisdiction.
3. Use of this website
Intellectual property rights
The content of this site, including the trademarks, logos, drawings, data, product or company names, texts, images and the like, is protected by intellectual property rights and belongs to Fisocad or to entitled third parties.
Limitation of liability
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and can therefore not be regarded as personal, professional or legal advice to the user.
Fisocad makes considerable efforts to ensure that the information made available is complete, correct, accurate and up to date. Despite these efforts, inaccuracies may occur in the information made available. Should the information provided contain inaccuracies, or should certain information on or via the site be unavailable, Fisocad will make every possible effort to correct this as quickly as possible.
Fisocad cannot, however, be held liable for direct or indirect damage arising from the use of the information on this site. Should you notice inaccuracies in the information made available via the site, you can contact the administrator of the site.
The content of the site (including links) may be adapted, changed or supplemented at any time without announcement or notification. Fisocad gives no guarantees as to the proper functioning of the website and can in no way be held liable for any malfunction or temporary (un)availability of the website, or for any form of damage, direct or indirect, arising from access to or use of the website.
Fisocad can in no event be held liable towards anyone, in a direct or indirect, special or other manner, for damage attributable to the use of this site or of any other site, in particular as a result of links or hyperlinks, including, without limitation, any losses, interruptions of work, or damage to programs or other data on the computer system, to hardware, software or anything else belonging to the user.
The website may contain hyperlinks to third-party websites or pages, or refer to them indirectly. The placing of links to these websites or pages in no way implies any implicit approval of their content. Fisocad expressly declares that it has no control over the content or other characteristics of these websites and can in no event be held liable for their content or characteristics, or for any other form of damage resulting from their use.
Applicable law and competent courts
Belgian law applies to this site. In the event of a dispute, only the courts of the district of Ghent have jurisdiction.
4. Privacy policy
Fisocad processes personal data in accordance with this privacy statement. For further information, questions or comments regarding our privacy policy, please contact Filip Soetaert at info@fisocad.be.
Purposes of processing
Fisocad collects and processes customers' personal data for customer and order management (including customer administration, following up orders and deliveries, invoicing, monitoring creditworthiness, profiling, and sending marketing and personalized advertising).
Legal basis or bases for processing
Personal data is processed on the basis of article 6.1 (a) consent, (b) necessary for the performance of a contract, (c) necessary in order to comply with a legal obligation, and (f) necessary for the purposes of our legitimate interest in doing business, of the General Data Protection Regulation.
Insofar as the processing of personal data takes place on the basis of article 6.1 (a) (consent), the customer always has the right to withdraw the consent given.
Transfer to third parties
No personal data of the customer is shared with other companies.
Retention period
The personal data processed for customer management will be retained for the period necessary to comply with legal requirements (including in the field of accounting).
Right of access, rectification, erasure, restriction, objection and portability
The customer has the right at all times to access their personal data and may correct it or have it corrected if it is inaccurate or incomplete, have it erased, have its processing restricted, and object to the processing of personal data relating to them on the basis of article 6.1 (e) or (f), including profiling based on those provisions.
In addition, the customer has the right to obtain a copy (in a structured, commonly used and machine-readable form) of their personal data and to have that personal data transmitted to another company.
In order to exercise the rights referred to above, the customer is asked to:
- adjust the settings of their customer account themselves; and/or
- send an email to info@fisocad.be.
Direct marketing
The customer has the right to object free of charge to any processing of their personal data for direct marketing purposes.
Complaint
The customer has the right to lodge a complaint with the Commission for the Protection of Privacy, now the Belgian Data Protection Authority (Drukpersstraat 35, 1000 Brussels · commission@privacycommission.be).
6. Google Tag Manager and analytics
This website uses Google Tag Manager, a service of Google Ireland Limited for managing scripts (“tags”). Google Tag Manager does not itself place cookies to identify you. The actual statistics and marketing tags are only loaded via Google Tag Manager once you have given your consent in the cookie banner. For this we use Google Consent Mode v2: without consent, analytics and advertising cookies remain blocked.
Google Analytics, a web analytics service provided by Google, may be used for statistics. Google Analytics uses cookies to analyze, in anonymized form, how visitors use the site and to compile reports on website activity. The information generated in this way may be processed by Google on servers inside and outside the European Economic Area. Google may provide this information to third parties where Google is legally required to do so, or insofar as those third parties process the information on Google's behalf.
If you do not give consent, these cookies are not placed and you can continue to use the website as normal. You can review your choice at any time via “Cookie settings” at the bottom of the page.