Terms of service
Article 1. Company data
These general conditions (hereinafter the “Conditions”) assume:
FlexiQ BV
with trade name FlexiQ
Hertenbos 3
2960 Brecht
Belgium
BTW BE 0780.647.981
Registered in the Crossroads Bank of Enterprises under the number 0780.647.981
(hereinafter referred to as “FlexiQ”)
Email address: info@flexiqgames.com
Website: www.flexiqgames.com
Bank details: BE94 3632 1896 5214 BIC: BBRUBEBB
Phone number: +32 3 288 81 82
Article 2. Scope
These Terms apply to all sales by FlexiQ to a customer (hereinafter the “Customer”) through the Website’s webshop.
The products can be useful for both businesses (“business to business)” and individuals (“business to consumer”). Thus, these Terms and Conditions may additionally differentiate according to the type of Customer. If you are interested in professional resale, please contact separately first. If you do not do so, you agree not to purchase the products for the sole purpose of reselling them further. FlexiQ will always communicate and request acceptance of these Terms and Conditions. It is up to the Customer to read them carefully before accepting them in order to avoid later discussions. These Terms will also be attached to the order confirmation in a format that can be saved or printed.
Any supplier terms and conditions of the Customer are expressly excluded, unless otherwise agreed in writing between FlexiQ and the Customer. One or more provisions of these Terms or other conditions may be deviated from only if expressly agreed in writing between FlexiQ and the Client. The other provisions of these Terms or the other terms and conditions shall remain in full force and effect in such case. FlexiQ reserves the right to modify and/or supplement these Terms, or any other terms and conditions at any time for future orders. It is thus appropriate to read these Terms and Conditions and any other terms and conditions carefully with each new order. These Terms and Conditions were last amended on: February 22, 2023. The Customer explicitly agrees that Dutch will be used for the ordering process, terms and conditions and any other communication. The Customer will not be able to dispute the application of the terms and conditions because they were not in the Customer’s native language or any other language. Where the Website redirects to another website, whether via plug-ins or not, all terms, policies and guidelines of these other websites apply. FlexiQ cannot be held responsible for the information and activities of these third parties.
Article 3. Order and formation of the agreement
Offers
FlexiQ’s offerings are described on the Website. The offer includes only the orders stated therein, expressly excluding any additional work or other work resulting from a change in the order.
Normal ordering process through the Website:
The Customer may freely navigate the various pages of the Website without therefore committing to an order. If the Customer wishes to place an order, he chooses the different products he is interested in and he can make that interest clear by clicking on “Add to Cart”. After this, he can click on “View Cart.” A summary of his order then appears on the screen. At any time, the Customer can get an overview of the products he selected or modify his order, and this by clicking on the icon of a shopping bag (top right via computer – bottom via mobile). Again, he is shown the summary of his order. The Customer can continue his order by clicking on “Checkout”. The Customer must then identify himself, either by entering his email address and password if he already has an account, or by correctly filling in the document displayed and providing, among other things, the information necessary for his identification, his name, first name and postal address. During the ordering process, the Customer can modify and correct the data entered, such as the composition of his shopping cart, delivery and billing address, before final validation of the order. After knowing the status of his order and once all the requested information has been filled in by the Customer, he must select his desired method of payment. The Customer must click on “Place Order and Pay” to finally confirm their order.
Establishment of the agreement
Every order is binding. The agreement between the Client and FlexiQ is concluded at the moment FlexiQ confirms the proper receipt of the order (whether by means of an automatic confirmation e-mail or otherwise). You will usually receive this confirmation within 24 hours. If this is not the case, please contact FlexiQ. Any additions or other changes to the order shall also be valid only upon written confirmation thereof by FlexiQ.
Special conditions or refusals
FlexiQ may decide to subject the validity of the agreement to special conditions or to refuse in case of special situations. For example, FlexiQ may suspend or cancel an order that is incomplete or incorrect, or suspend or cancel an order when previous orders have not been paid or have been paid in full. If the Customer does not identify himself as a representative of a company, the Customer is considered to be ordering as a private individual.
Article 4. Sale of products
Description
FlexiQ strives to offer products with the clearest possible description. The colors of the physical products as displayed on the Customer’s computer or other digital medium may differ from the colors in reality due, among other things, to screen brightness or when the pictures are taken by different photographers. FlexiQ also endeavors to keep the information on the Website complete, accurate and up to date. Any product descriptions or product prices are subject to change by FlexiQ at any time, without notice. There may also be omissions or errors in the information offered which may include, for example, product descriptions, prices, promotions, offers, product shipping costs, shipping time and availability. Only the characteristics and data confirmed during the actual ordering process are binding. FlexiQ may cancel orders at any time if the product information or product price was manifestly incorrect at the time the order was placed. If the Customer has any doubts or specific questions regarding the offered information, please contact FlexiQ via the means of communication mentioned above in the article 1.
Availability
Sales can only continue while supplies last and stock may be adjusted by FlexiQ at any time. FlexiQ cannot be held liable for any damage that would result from the eventual unavailability of a product. The Customer will, of course, be informed of this. FlexiQ also reserves the right to discontinue the sale of any product at any time.
Retention of title
The products shall remain FlexiQ’s property until full payment for the products.
Affordability
FlexiQ will not ship products until payment is received.
Cancellation
Without prejudice to the regulation mentioned below regarding the right of withdrawal, an order cannot be cancelled by the Customer.
Article 5. Price
All prices stated are expressed in EURO and always include. 21% VAT. Shipping costs, any reservation or administration fees or other charges will be listed separately before you finally confirm the order. We would also like to refer to the shipping policy in this regard. FlexiQ does not owe any import fees (customs taxes). Special discounts are valid only for the specifically demonstrated products, periods and to the extent the products or services are available and may be subject to specific terms and conditions. Price refers only to the product as described and does not include any accompanying decorative items. FlexiQ may adjust prices at any time, but the price applicable to Customer’s order shall be that stated at the time of order.
Article 6. Payment
Payments can be made through the webshop of the Website using Credit Card, Bancontact, Paypal, Ideal, Belfius and KBC payment button In case the card issuer refuses to agree to the payment, FlexiQ cannot be held responsible for delays or cancellation of the order. Payment information will only be used to allow payment transactions to proceed.
Article 7. Delivery of physical products
All physical products will be delivered to the delivery address provided with the order. Delivery can be made to the countries as indicated in the shipping policy. Orders are shipped with bpost or other courier service. The Customer can usually expect delivery within 1 week. Delivery costs and expected delivery times are clearly stated during the purchase procedure. Please ensure that the mail package can be delivered (and signed for) at the address provided. Delivery was made as soon as the delivery was made a first time. FlexiQ is not liable for failed deliveries when this is due to the Customer, for example, the Customer has provided an incorrect or outdated address or no one is present at the address provided by the Customer. Additional charges may apply for a new delivery. For security reasons, the courier may request your identity information or that of the person to be delivered. The risk of loss or damage to the Customer-consumer passes at the time he takes physical possession of the goods. For Customers-non-consumers, the risk passes as soon as the product has left FlexiQ’s premises. For consumers: Unless otherwise stated or expressly agreed, FlexiQ will deliver the product in any event within thirty (30) days of the conclusion of the agreement. Should this still not be possible, FlexiQ shall expressly inform the Customer thereof and ask to agree on a reasonable delivery time. If FlexiQ cannot deliver within this reasonable delivery time, the Customer may cancel and FlexiQ will refund the amounts paid within fourteen (14) calendar days. No other compensation can then be requested.
Article 8. Right of Withdrawal
If the agreement between FlexiQ and the Customer concerns a distance agreement with a consumer, being an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and services, in which, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication or is concluded outside the sales area, the Customer-consumer shall have the right to withdraw the order without penalty or without giving reasons (although FlexiQ always appreciates feedback in this respect). The Customer then has a period of fourteen (14) days to revoke the agreement. This period expires fourteen (14) days from the day on which:
- the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the products; or
- If the Customer ordered multiple products in the same order that are delivered separately, the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the last good; or
- if the delivery of a good consists of several shipments or parts, the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the last shipment or part.
Before the expiration of the withdrawal period, the Customer shall unambiguously notify FlexiQ of his or her decision to withdraw from the agreement. To that end, the consumer may use the model withdrawal form included as Appendix 1 to these Terms or deliver another unambiguous statement to FlexiQ’s address or via e-mail declaring his or her withdrawal from the agreement. The Customer must then bear the costs of return shipment. FlexiQ shall notify the Customer of a refusal or acceptance of the right of withdrawal and, in the event of an acceptance, FlexiQ shall reimburse all payments received from the Customer, including, if applicable, delivery costs, without delay and in any event within fourteen (14) days from the day FlexiQ is informed of the Customer’s decision to withdraw from the agreement. FlexiQ shall make the refund using the same means of payment used by the Customer during the original transaction, unless the Customer has expressly agreed to a different means of payment. Without delay and in any event within fourteen (14) days from the day on which the Customer has communicated its decision to revoke the agreement to FlexiQ, the Customer shall return or come to hand over the products. The deadline is met when the Customer returns the products before the fourteen (14) day period has expired. The purchased product may only be returned in its original condition and packaging. The principle is that the Customer may only handle and inspect the product as he or she would be permitted to do in a physical store. The Customer is liable for any diminution in the value of the products resulting from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the products. Therefore, if the product is no longer saleable due to, for example, soiling or damage, the Customer will be charged the price of the product. FlexiQ may wait to refund until it has received all products back, or until the Customer has demonstrated that it has returned the products, whichever comes first. The Customer cannot exercise the right of withdrawal for: the delivery of products manufactured according to consumer specifications, or which are clearly intended for a specific person. FlexiQ also refers to the return policy in this regard.
Article 9. Complaints and Warranty
FlexiQ does its best to perform a quality check before collection or shipment of products, as well as to provide appropriate packaging if necessary. Nevertheless, you may potentially have complaints about the products delivered. Upon receipt of the order of products, the Customer or the person to whom delivery was to be made must immediately inspect the products delivered, reporting any defects found immediately and in any case within seven (7) calendar days in writing via e-mail or by registered mail. For Customer-consumers, there is further a legal warranty for any defect existing at the time of delivery of the movable tangible property that manifests itself within a period of two (2) years from delivery. The costs incurred to return goods will in principle be borne by the Customer unless the complaint turns out to be justified or if you have not chosen the cheapest standard delivery option. We recommend that you retain the original packaging, as well as proof of purchase and payment. In principle, complaints are answered within fourteen (14) calendar days. However, filing a complaint does not affect the Customer’s payment obligations. In case of a justified complaint, FlexiQ is in principle entitled to replace the products.
Article 10. Protection of personal data
The Customer’s personal data will be processed in accordance with the Privacy Policy, which can be consulted via the homepage of the Website and this link. The Privacy Policy can also be obtained upon first request. The Client Company grants FlexiQ permission to use its trade marks, such as name and logo, in the context of promotional activities. The Client Company may protest this in writing at any time, upon which the listing will be immediately and permanently removed.
Article 11. Use of cookies
The Website uses cookies. We refer to the Cookie Policy, which can be consulted via the homepage of the Website and this link.
Article 12. Intellectual property rights
The Client expressly acknowledges that all rights of intellectual property relating to the products and of information, communications or other expressions relating to the products displayed, on any carrier, belong to FlexiQ, or its suppliers or other right holders. Intellectual property rights mean e.g. copyrights on images, texts, photographs, logos, drawings, or other intellectual property rights such as registered trademarks, patents. No intellectual property rights are transferred to the Customer. The Customer is not permitted to transfer any password received to third parties and must adequately protect his login data and password. The Customer shall fully compensate and indemnify FlexiQ for all damages pursuant to the loss or release, whether intentional or unintentional, of its login credentials and password.
Article 13. Proof
The Customer expressly accepts that the contract may be concluded electronically. The Customer accepts that electronic communications and backups may serve as evidence.
Article 14. Indivisibility
The possible nullity of one or more of the clauses of these Terms and Conditions does not affect the applicability of all other clauses. In the event of nullity of one or more provisions or parts thereof, the Customer and FlexiQ shall, to the extent possible according to their conviction, negotiate to replace the void provision(s) with (an) equivalent provision(s) that complies with the general spirit of the concluded terms.
Article 15. Liability
The obligation is on the part of FlexiQ is an obligation of means. FlexiQ’s liability shall in principle be limited to the purchase price of the defective product. Except as otherwise required by mandatory statutory provision, FlexiQ shall in no event be obliged to compensate any indirect or consequential damages such as but not limited to damages to third parties. With respect to Client Companies: FlexiQ in no way excludes its liability for any wrongdoing or negligence committed with fraudulent intent or with intent to harm or where mandatory statutory provisions or case law would prohibit such exclusion or limitation. As regards Clients-Consumers: FlexiQ does not exclude its liability for its willful misconduct, gross negligence or that of its appointees or agent, nor, barring force majeure, for failure to perform an obligation that constituted one of the main performances of the agreement, or if the failure results in bodily injury or death or if mandatory statutory provisions or case law would prohibit such exclusion or limitation. Without prejudice to mandatory statutory provisions or provisions of public policy, any claim against FlexiQ shall in any event lapse if the claim is not instituted in court within three () years after the circumstance giving rise or likely to give rise to liability is discovered, or could reasonably have been discovered. All elements which, outside FlexiQ’s control, were reasonably unforeseeable and unavoidable at the time of concluding the agreement, and which make it impossible for FlexiQ to perform its commitment, such as, but not limited to, electronic breakdown, natural elements, traffic jams and accidents on European roads, malfunctions in the (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time, fire, war, government regulation regarding contagious diseases/epidemics, shall be considered force majeure. FlexiQ cannot be held liable for delays or defects in performance if this is due to force majeure situations beyond its will or control. Force majeure shall furthermore entitle FlexiQ to request revision or suspension, and in case of permanent force majeure, dissolution of the agreement, upon its first written request.
Article 16. Translations
The Dutch language text of these Terms of FlexiQ prevails over any translations.
Article 17. Portability
The Customer may not assign its agreement or any part thereof to a third party without the express written consent of FlexiQ or when otherwise directed by FlexiQ itself.
Article 18. Applicable law and competent court
Belgian law applies exclusively to all offers and agreements, even if the Customer has its domicile or establishment or registered office abroad. The applicability of the Vienna Sales Convention is expressly excluded. All disputes related to or arising from agreements or offers concluded with FlexiQ shall be submitted to the competent courts and tribunals of the district where FlexiQ has its registered office, which shall have exclusive jurisdiction, unless mandatory legislation would prohibit it. As a consumer, the Customer also has the right to file a complaint with an independent dispute resolution body. For this, FlexiQ refers to the European Commission’s Online Dispute Resolution (ODR) website: ec.europa.eu/consumers/odr.
Article 19. Contact recording
If the Customer has any questions, comments or complaints regarding these Terms or any other terms and conditions of FlexiQ, the Customer can always reach FlexiQ at the contact details stated in the Article 1 of these Terms. FlexiQ will reply to the Customer as soon as possible.
