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General Conditions webshop Museum Shop
Stad Brugge – Musea Brugge
Dijver 16 – 8000 Bruges
museumshop@brugge.be
VAT: BE0207.528.035
Belfius Bank N.V.: BE85091016827206 – BIC GKCCBEBB
1.1 'Stad Brugge - Musea Brugge': Stad Brugge – Musea Brugge, with registered premises at Burg 12 – 8000 Bruges, inscribed in the register of legal entities for the district of Bruges, under the number 0207.528.035, and registered with the VAT authorities under the number BE0207.528.035.
1.2 'general conditions': the general sales and delivery conditions contained in the rest of this document.
1.3 'buyer': every natural person or legal entity that buys one or more products or services via this website, or places an order or requests an estimate for the said products or services.
1.4 'consumer': every natural person or legal entity that buys one or more products or services via this website, or places an order or requests an estimate for the said products or services, exclusively for non-professional purposes.
1.5 'website': www.museabrugge.be/museumshop en https://www-museabrugge-be.mys...
2.1 The legal relationship between the buyer and 'Stad Brugge - Musea Brugge' and all other matters connected to this relationship will be subject exclusively to the following norms (in descending hierarchical order, with the subsequent norm automatically taking precedence in the absence or silence of the previous norm): (1) the signed written purchase agreement; (2) the electronic order confirmation; (3) these general conditions; (4) articles 4-39 and 41-88 of the Vienna Convention for contracts relating to the international sale of goods; (5) Belgian law. 'Stad Brugge - Musea Brugge' rejects the applicability of all other norms and conditions, with the single exception of conditions that 'Stad Brugge - Musea Brugge' has agreed specifically and in writing with the buyer. Any such agreed and written deviation from the above listed norms will only be applicable for the specific purchase agreement to which it relates and for which it was drawn up and cannot be invoked in respect of any other subsequent purchase agreements, even if the said agreements are similar in nature. The buyer accepts that these general conditions are the only conditions that will be applicable, to the exclusion of the buyer's own general or specific (purchase) conditions, even if these conditions also stipulate that they are exclusively applicable.
By using the website of 'Stad Brugge - Musea Brugge', or by placing items in the digital shopping basket on the website, or by placing an order, and/or the concluding of any agreement of whatever kind via the website, the buyer declares that he is aware of and agrees to these general conditions, as well as all other rights and obligations as detailed on the website. In all the above cases, the buyer is bound by the said general conditions and any associated rights and obligations.
2.2 These general conditions to do not in any way affect or detract from the legal rights that are granted imperatively to the buyer in accordance with the applicable national legislation relating to consumer protection.
2.3 The possible nullification of part or all of one of the provisions of these general conditions will not in any way affect the validity and applicability of the remaining provisions or part provision. In the event that a provision is nullified, 'Stad Brugge - Musea Brugge' and the buyer, as far as possible and each according to his own loyalties and convictions, will negotiate to replace the nullified provision with an equivalent provision that reflects to the greatest possible extent the general spirit of these general conditions.
2.4 If, for whatever reason, 'Stad Brugge - Musea Brugge' chooses, even repeatedly, not to enforce one or more of the rights derived from these general conditions, this can only be regarded as the willingness of 'Stad Brugge - Musea Brugge' to tolerate a particular situation and cannot be used as grounds to claim that the said right has been forfeited. Such acts of toleration can never be regarded as a relinquishing of the right(s) in question and will have no effect on their continued applicability.
2.5 'Stad Brugge - Musea Brugge' retains at all times the right to amend these general conditions. It is the responsibility of the buyer to regularly consult the conditions.
3.1 Every offer of a product or service made on the website, in catalogues, newsletters, memoranda, folders and other forms of publicity is purely informative. 'Stad Brugge - Musea Brugge' retains the right at all times to adjust or withdraw all such offers. All offers will be subject to availability; in other words, as long as stocks last. Manifest errors and/or manifest mistakes in the offer will in no way be binding on 'Stad Brugge - Musea Brugge'. Notwithstanding the fact that the catalogues, website and other forms of publicity material are prepared with the greatest care, it is nevertheless possible that the information distributed in this manner may be incomplete, contain inaccuracies, or no longer be up to date. 'Stad Brugge - Musea Brugge' is obliged to do no more than make the best possible effort to ensure that the accuracy, updating and completeness of this information and cannot be held in any way liable for material errors, typesetting errors and printing errors.
3.2 Offers and price quotations issued by 'Stad Brugge - Musea Brugge' are entirely without obligation and can only be regarded as an invitation to the buyer either to purchase or to place an order, unless otherwise and explicitly specified. Offers and price quotations are only valid for the specific situation for which they are drawn up and issued, and will therefore not be automatically applicable to similar situations in the future.
3.3 The agreement between 'Stad Brugge - Musea Brugge' and the buyer is only deemed to be concluded after the buyer has placed an order on the website and 'Stad Brugge - Musea Brugge' has confirmed this order by e-mail (hereafter referred to as the 'order confirmation').'Stad Brugge - Musea Brugge' reserves at all times the right to refuse an order without the need to give a reason.
3.4 The cancelling of orders before they have been dispatched is not possible. The cancellation of an order after it has been dispatched must be made in accordance with the procedure for withdrawal, as detailed in article 4 of these general conditions.
3.5 After the period foreseen for exercising the right of withdrawal has expired, the buyer can no longer return or exchange the purchased goods.
4.1 Unless otherwise mentioned in the information relating to the product on the website, the consumer will have the right of withdrawal with regard to the products he purchases via the website. On the basis of book VI of the code of economic law, dealing with market practices and consumer protection, the consumer has the right to withdraw from his purchase agreement with the seller without the need to specify a reason. This right is valid for a period of 14 calendar days dating from the day after the day on which the consumer or some other third party acting on behalf of the consumer, who is not the transporter, physically receives the product and takes possession of it.
4.2 In order to make use of this right of withdrawal, the consumer must send an unambiguous statement of intent to Musea Brugge (Dijver 16 – 8000 Bruges –museumshop@brugge.be), either by post or by e-mail, informing Musea Brugge of his decision to withdraw from the agreement. For this purpose, the consumer can make use of the standard withdrawal form, which can be found (and, if desired, filled in) on the website. However, the use of this form is not obligatory. In order to comply with the stipulated withdrawal period, it is sufficient for the consumer to send off his statement of intent before the withdrawal period has expired.
4.3 If the consumer withdraws from the purchase agreement, he will receive back from 'Stad Brugge - Musea Brugge' all the payments he has made up to that point, including delivery charges (with the exception of any extra cost that may have resulted from the consumer opting for a method of delivery other than the cheapest standard method of delivery provided by 'Stad Brugge - Musea Brugge'). This repayment will be made as soon as reasonably possible and no later than 14 calendar days after 'Stad Brugge - Musea Brugge' has been made aware of the consumer's intention to withdraw from the purchase agreement. No additional charges will be levied against the consumer in respect of this repayment. 'Stad Brugge - Musea Brugge' is entitled to defer repayment until the consumer has returned to 'Stad Brugge - Musea Brugge' the products he has received or until the consumer produces proof that the products have in fact been sent back, depending on which of these two eventualities occurs first. The repayment of the delivery costs by 'Stad Brugge - Musea Brugge' will be calculated on a pro rata basis. (For example: the consumer purchases two products and decides to exercise his right of withdrawal for only one of them; in that case, 'Stad Brugge - Musea Brugge' will repay 50% of the delivery costs.) However, in cases where 'Stad Brugge - Musea Brugge' makes use of a fixed delivery cost, 'Stad Brugge - Musea Brugge' will not be obliged to pay back any part of this cost in the event of a partial withdrawal from the agreement by the consumer. When exercising his right of withdrawal, the consumer will also be required to take account of the provisions of article 12 of these general conditions.
4.4 The consumer should return or hand back the products to 'Stad Brugge - Musea Brugge' without delay, and this no later than 14 calendar days after the day on which he notified 'Stad Brugge - Musea Brugge' of his decision to withdraw from the purchase agreement. In this respect, the consumer will be deemed to be 'on time' if he sends back the products before the period of 14 calendar days has expired. Direct costs relating to the return of the products must be paid by the consumer, unless otherwise agreed. The returned products must not have been used and must be returned in the same condition in which they were delivered. In addition, the product must still be in its original packing, which may or may not have been opened, and must be accompanied by all accessories and documentation that was delivered with the product, so that 'Stad Brugge - Musea Brugge' is in a position to re-sell the product to another third party following its return. The consumer will be solely responsible and liable for any depreciation in the value of the product that results from any use of the product that goes beyond what was strictly necessary to establish its nature, characteristics and method of working.
4.5 The right to withdraw from the purchase agreement does not apply in the following cases, amongst others:
- products that have been specially made to specifications requested by the consumer or are clearly intended for a specific person;
- products that can deteriorate or age quickly, or have a limited shelf life (such as yeasts, enzymes, perishable foodstuffs, fresh goods, etc.);
- sealed products which – for reasons of health or hygiene – are not suitable for return once the packaging has been opened (e.g. additives, etc.);
- alcoholic drinks for which the price was agreed when the purchase agreement was concluded but which could not be delivered during the subsequent 30 day period, the real value of which is dependent on fluctuations in the market, over which 'Stad Brugge – Musea Brugge' has no influence;
- sealed audio and video recordings, the packaging of which has been opened;
- newspapers, periodicals or magazines (except when they are part of a subscription);
- the delivery of digital content that was not provided on a physical carrier;
4.6 In no circumstances will a professional buyer have the right to withdraw from the purchase agreement.
5.1 The stated price of a product only refers to the product as it is described in the accompanying written information. Materials, accessories and any other items not mentioned in this information are not included. Any accompanying photograph is purely indicative and may contain elements that are not included in the stated price.
5.2 All prices are expressed in euros. These prices include VAT, any relevant import/export duties and any reservation and/or administration costs, but do not include any delivery or dispatch costs.
Delivery costs will be charged separately and are dependent on the method of delivery chosen, the weight of the product, the location of the delivery address, etc. The exact cost of the delivery will be calculated during the online ordering process. This cost and the chosen method of delivery will be mentioned in the order confirmation that the buyer will receive once the purchase agreement has been concluded.
'Stad Brugge - Musea Brugge' is also at liberty to charge for any additional costs that result from the method of payment chosen by the buyer.
5.3 'Stad Brugge - Musea Brugge' retains the right at all times to amend the prices shown on the website. However, products will always be invoiced at the price that was in force at the moment when the order was accepted. 'Stad Brugge - Musea Brugge' also retains the right to correct manifest errors, manipulations or mistakes (such as obvious inaccuracies) that become evident after the conclusion of the purchase agreement.
5.4 Changes in rates of exchange and (by way of example only) increases in the cost of raw materials, wages, salaries, social security contributions, other state-imposed costs, other (environmental) surcharges and taxes, transport costs, import and export duties, or insurance premiums, which occur between the moment when the order was placed and the moment when the delivery takes place, may result in the price of the product(s) being increased. If the price is increased in this manner after an order has been placed, the buyer has the right to cancel the purchase agreement without cost during a 48-hour period. 'Stad Brugge - Musea Brugge' will not have the right to claim any form of compensation as a result of this cancellation.
6.1 Unless otherwise agreed, deliveries will be made in accordance with the Incoterm® 'ex works' (exw) from the registered premises of 'Stad Brugge - Musea Brugge'. At the request of the buyer, 'Stad Brugge - Musea Brugge' will arrange for the transportation of the purchased products to the destination indicated by the buyer in the written purchase agreement between 'Stad Brugge - Musea Brugge' and the buyer or, in the absence of any such written agreement, in the order confirmation issued by 'Stad Brugge - Musea Brugge'. This transportation will be for the account and risk of the buyer.
6.2 Every delivery that is not explicitly foreseen in the order made by the buyer or in the order confirmation issued by 'Stad Brugge - Musea Brugge' will be regarded as an additional delivery requested by the buyer and will be charged as such.
6.3 Unless otherwise agreed with the consumer, 'Stad Brugge - Musea Brugge' retains the right to split the delivery of the ordered product(s) or to attach other conditions to the delivery.
6.4 Unless otherwise agreed, an order will only be sent after 'Stad Brugge - Musea Brugge' has received full payment. In the event that payment is not made within the agreed payment period (except in cases of the purchase of a subscription, for which payment is made by bank transfer), it will be deemed that the purchase has been cancelled at the initiative of the buyer, without him being entitled to any form of compensation from 'Stad Brugge - Musea Brugge'. 'Stad Brugge - Musea Brugge' will endeavour to deliver all ordered products within a period of eight working days following the day on which payment was received, on condition that the ordered products are in stock or are still available for the dates requested by the buyer (for tickets). It is also possible for deliveries (with the exception of tickets and subscriptions) to be collected by the buyer within the agreed delivery period, on condition that this occurs on one of the days when Musea Brugge (Central shop – Arentshof) is open. Collection in this manner is once again subject to the condition that ordered products are in stock. The buyer must indicate his preferred method of delivery/collection during the online ordering process.
6.5 The period of delivery, as mentioned in price quotations, orders and order confirmations, is purely indicative and does not form one of the essential obligations of 'Stad Brugge - Musea Brugge' towards the buyer. Exceeding the communicated period of delivery can never be used by the buyer as a reason for claiming compensation or for cancelling his purchase agreement with 'Stad Brugge - Musea Brugge'. In no circumstances will 'Stad Brugge - Musea Brugge be held liable for delays caused by the buyer or other third parties.
Any subsequent changes made to the order will automatically mean that the originally anticipated date of delivery will no longer be valid.
6.6 If the buyer is not present at the address he has stipulated when the product is delivered, the transport service will leave him a message, informing him of the following further choice options: (1) he can request a second delivery of the purchased products to the same address; (2) he can collect the purchased products from a post office or collection point in the vicinity of his address within a period of two weeks following the date of the first delivery. If the buyer fails to collect the products within the stipulated period of two weeks or if he is not present when the products are delivered a second time to the address he has indicated, the products will be returned to the registered premises of 'Stad Brugge - Musea Brugge'. The transport cost for this return, together with any other associated costs (for example - but not limited to - tax, VAT, storage fees, etc.), will be charged to the buyer. In such cases, it will be deemed that the purchase agreement between 'Stad Brugge - Musea Brugge' and the buyer has been cancelled. Any payment that the buyer may have already made for the products in question will accrue to 'Stad Brugge - Musea Brugge' as compensation for the loss incurred as a result of this cancellation, including - but not limited to - the above mentioned return cost and any other associated costs.
7.1 In principle, orders should always be paid for in advance by the buyer.
When he places an order, the buyer will be given a choice between the following payment options:
7.2 Companies, public institutions, schools and organisations can contact the customer services department of 'Stad Brugge - Musea Brugge' via an e-mail to museumshop@brugge.be or by phoning +32 5032 43 75 to arrange for more specific payment conditions. In such cases, the following articles 7.3 – 7.9 will continue to apply.
7.3 In order to be eligible, all complaints relating to invoicing must be submitted by registered letter within 15 days of the date of the invoice in question to the College of the Burgomaster and Aldermen, Burg 12, 8000 Bruges. Submitting a complaint does not absolve the buyer from his obligation to pay for the products he has ordered.
7.4 The invoice is payable within a period of 30 days following the date on the invoice. If the invoice is not settled within this 30-day period, a reminder will be sent with a request to make payment within 14 days of the date of the reminder. If payment is still not made within this 14-day period, a final reminder will be sent by registered post requesting payment within 8 days of the date of this registered reminder. The buyer will be charged the cost of the registered post and also an administration fee of 10 euros per case. If payment is still not made within this 8-day period, the matter will be put into the hands of a bailiff for legally enforced collection. The cost of engaging a bailiff will be charged in full to the person named on the invoice.
7.5 Acceptance of any partial payments for products is without prejudice. Such payments will be used as settlement of the following matters in the following order of priority: (1) collection costs; (2) compensation costs; (3) legal interest; (4) the principle sum mentioned on the invoice.
7.6 The recording of the outgoing invoice in the accounts of 'Stad Brugge - Musea Brugge' is deemed as being sufficient proof to reasonably suppose that the invoice in question has been duly sent and received.
7.7 By ordering a product, the buyer declares explicitly that he is in agreement with the invoicing procedures of 'Stad Brugge - Musea Brugge', unless otherwise agreed in writing between the parties.
7.8 Submitting a complaint does not absolve the buyer from his obligation to pay for the products he has ordered.
8.1 The delivered products remain the exclusive property of 'Stad Brugge - Musea Brugge' until the moment when the buyer has paid the full price for the said products, plus any other costs with interest that may have been incurred. Until this point has been reached, the buyer cannot sell or pawn the products to any other third party or dispose of them in any other way. If the buyer nevertheless decides to sell the products before he has made full and correct payment of all the costs mentioned in this article, the aforementioned right of ownership will automatically be transferred to the money accruing from any such sale. All risks relating to loss and damage of the ordered products are also transferred to the buyer from the moment of delivery. Where necessary, the buyer also undertakes to notify third parties of the continuing right of ownership of 'Stad Brugge - Musea Brugge' (for example, anyone who may attempt to seize or impound articles that have not yet been paid for in full).
8.2 In the event of the non-payment or the incomplete payment of one of its invoices by the stipulated expiry date, 'Stad Brugge - Musea Brugge' is legally entitled without prior notification of default to demand from the buyer the return of any products that have already been delivered. If the products received back by 'Stad Brugge - Musea Brugge' are still good condition (a judgement that will take account of the conditions in which they have been stored), any amounts already paid by the buyer will be refunded, subject to the following deductions: (1) loss of profit, assessed as a fixed sum of 15% of the total invoice amount; and (2) a fixed sum compensation payment equivalent to 5% of the total invoice amount in respect of additional handling and administration costs. These measures in no way invalidate the right of 'Stad Brugge - Musea Brugge' to claim a higher amount for any damage or loss that can be shown to have occurred.
9.1 The buyer must carry out a first verification check of the products as soon as possible after he receives them. This initial verification must cover matters that include - but are not limited to - the following: are the products the right products, in the right quantity and in a visibly good condition? The buyer must notify 'Stad Brugge - Musea Brugge' in writing of all immediately verifiable anomalies and/or defects within 48 hours of delivery, either by post or by an e-mail to museumshop@brugge.be, giving details of the correct number of the delivery note and/or the order confirmation. Failure to do so may result in the buyer forfeiting his rights.
9.2 If the buyer uses, processes, repacks and/or resells the products that have been delivered by 'Stad Brugge - Musea Brugge', this will be regarded as the buyer's final and definitive approval and acceptance of the said products, which will therefore free 'Stad Brugge - Musea Brugge' for all further responsibilities and liabilities, in accordance with article 10 of these general conditions.
9.3 Complaints relating to hidden defects in respect of the delivered products must be made within 48 hours of any such defects being discovered. Such complaints must be notified to 'Stad Brugge - Musea Brugge' within this time frame and in writing, either by post or by an e-mail, giving details of the correct number of the delivery note and/or the order confirmation. Failure to do so may result in the buyer forfeiting his rights. Complaints relating to hidden defects can be submitted to 'Stad Brugge - Musea Brugge' throughout the entire period of the legal guarantee, on the understanding that 'Stad Brugge - Musea Brugge' cannot be held responsible for any eventual loss of quality as a result of characteristics that are inherent in the nature of the product (such as - but not limited to - normal ageing) or for damage that results from the incorrect handling or use of the product by the buyer.
9.4 Complaints that are notified correctly and in time to 'Stad Brugge - Musea Brugge' and are found to be justified will be dealt with in whichever of the following two ways 'Stad Brugge - Musea Brugge' deems to be most appropriate in the circumstances: (1) replace the defective or missing product(s), providing these same products are still in stock; if this is not the case, 'Stad Brugge - Musea Brugge' can opt to provide the buyer with an equivalent product; or (2) agree to accept the return of the products, crediting the buyer for any amounts he has paid.
The customer acknowledges that these measures, each separately, constitute full and adequate recompense for all possible damage or loss resulting from defective deliveries and accepts that the implementation of these measures cannot be regarded as acceptance of liability by 'Stad Brugge - Musea Brugge'.
9.5 In no circumstances is it permitted for the customer to return products to 'Stad Brugge - Musea Brugge' without the prior written approval of 'Stad Brugge - Musea Brugge'.'Stad Brugge - Musea Brugge' reserves the right to inspect the defective products on site with the buyer, in order to confirm that the defects do in fact exist and to assess their cause.
9.6 The eventual replacement of products cannot give rise to any claims against 'Stad Brugge - Musea Brugge' for the payment of compensation, nor does any such replacement dissolve the purchase agreement that exists between 'Stad Brugge - Musea Brugge' and the buyer.
9.7 The submission of a complaint and/or the possible (partial) replacement of products does not in any circumstances release the buyer from his payment obligation within the stipulated payment period, as detailed in the written purchase agreement between 'Stad Brugge - Musea Brugge' and the buyer, in the order confirmation issued by 'Stad Brugge - Musea Brugge', in these general conditions, and/or on the relevant invoice.
9.8 The customer is obliged to reimburse any costs incurred as a result of an incorrect or unfounded complaint.
10.1 With the exception of the indemnification granted by 'Stad Brugge - Musea Brugge' in accordance with the guarantee provision in article 9 of these general conditions, the liability of 'Stad Brugge - Musea Brugge' in respect of the buyer is limited to the liability that is required by law and will in all circumstances be limited to the lower of the following two amounts: (1) the amount recorded on the invoice in question; or (2) the amount that 'Stad Brugge - Musea Brugge' receives from its insurance company in respect of any liability claim that it submits against its civil liability policy.
10.2 'Stad Brugge - Musea Brugge' can in no circumstances be held liable for: (1) indirect damage (including - but not limited to - loss of turnover, third-party damage, etc.); (2) defects that have been caused directly or indirectly by the actions of the buyer or any other third party, irrespective of whether the cause can be attributed to negligence or error; (3) damage resulting from the incorrect use or application of the purchased products, including any unintentional or undesired consequences as a result of the simultaneous use of the product in conjunction with another product; (4) damage to purchased products that the buyer has tried to amend or the use by the buyer of components that do not comply with the parameters specified by 'Stad Brugge - Musea Brugge'; and/or (5) damage caused by a failure to comply with statutory and/or other obligations, including the user's manual or any other instructions that were delivered with the products, whether by the user himself, his associates, his members of staff, or by any end user following resale.
10.3 The buyer acknowledges that 'Stad Brugge - Musea Brugge' does not guarantee that the products will meet the legal requirements and obligations in any jurisdictional area other than the jurisdictional area of Belgium, such as applied at the moment when the products were delivered to the buyer by 'Stad Brugge - Musea Brugge', so that 'Stad Brugge - Musea Brugge' cannot be held liable for any later changes in legislation of whatever kind.
10.4 The buyer is solely responsible for any matters that may arise as a result of his resale of the purchased products and he guarantees that in this respect he will comply with all necessary statutory and other obligations.
11.1 The buyer will indemnify and defend 'Stad Brugge - Musea Brugge' against all claims and procedures, including the claims and procedures of third parties, which arise from or are a consequence of any actions or omissions of the buyer that are in conflict with the written agreement between 'Stad Brugge - Musea Brugge' and the buyer, or these general conditions, and/or the buyer's other (statutory) obligations.
11.2 The buyer will further indemnify 'Stad Brugge - Musea Brugge' against all damage and loss, including legal and other costs, that is incurred as a result of the need to defend itself against claims and/or procedures of the kind referred to in article 11.1 of the general regulations.
12.1 Promotional benefits offered by 'Stad Brugge - Musea Brugge', in whatever form (such as - but not limited to - price reductions, discount vouchers, free delivery, etc.), must be used in accordance with the guidelines issued in this respect. In all cases, such benefits can only be used for one single order, cannot be accumulated, and are personal (i.e. non-transferable) in nature.
12.2 If the consumer decides to make use of his right of withdrawal for products that were the subject of a promotional action of this kind, 'Stad Brugge - Musea Brugge' retains the right to recalculate the price of the products that are not affected by the activation of the right of withdrawal. For example: a promotional action makes it possible for a buyer who purchases product A to also purchase product B at half price. If the buyer invokes his right of withdrawal for product A, this means that he no longer satisfies the criterion that allowed him to buy product B at half price, so that he will now need to pay the full price for product B. In this case, 'Stad Brugge - Musea Brugge' will refund any money due to the buyer in respect of product A in accordance with article 4 of these general conditions, but will deduct the additional price that needs to be paid for product B.
13.1 'Stad Brugge - Musea Brugge' cannot be held liable for a failure to comply with its obligations as a result of force majeure or hardship.
13.2 If force majeure or hardship means that such compliance is not possible, 'Stad Brugge - Musea Brugge' will take one of the following actions that it deems to be most appropriate in the circumstances, without the need for any prior notification of default or prospect of future judicial action and without any right of recourse against 'Stad Brugge - Musea Brugge': (1) suggest to the buyer that the missing products are replaced by a functional equivalent; (2) temporarily suspend the fulfilment of its obligations; (3) extra-judicially dissolve the purchase agreement between 'Stad Brugge - Musea Brugge' and the buyer; and/or (4) invite the buyer to renegotiate the purchase agreement between 'Stad Brugge - Musea Brugge' and the buyer. If the buyer does not renegotiate this agreement in good faith, 'Stad Brugge - Musea Brugge' can ask the appropriate court to determine the new contractual conditions and/or condemn the buyer to the payment of compensation, in accordance with the terms of article 18 of these general conditions.
13.3 The terms 'force majeure' and 'hardship' are understood to include (but are not limited to): the unavailability or scarcity of certain (raw) materials; fluctuations in rates of exchange; increases in the price of (raw and auxiliary) materials, wages, salaries, social insurance contributions, other statutory costs, taxes, other levies, transport costs, import and export duties, and insurance premiums; ice formation and other exceptional weather conditions; strikes; military mobilisation; war; accidents; disruption of communications and information technology; government measures; export bans; delays in supply; unforeseen hindrances to transport and movement, including a lack of or the withdrawal of various transportation facilities; unforeseen hindrances to import and/or export; breakdowns; traffic jams; pandemics; etc.
14.1 In accordance with the law relating to financial guarantees dated 15 December 2004, 'Stad Brugge - Musea Brugge' and the buyer will automatically and legally offset all current and future claims against each other. This means that in the permanent relationship between 'Stad Brugge - Musea Brugge' and the buyer it is the largest debt on balance that will remain after the aforementioned automatic offsetting has taken place.
14.2 This offsetting of claims will be enforceable in all cases against the receiver/liquidator and any other group of joint creditors, who will therefore not be able to object to the offsetting arrangements agreed between the buyer and 'Stad Brugge - Musea Brugge'.
15.1 In the event of any major change in the circumstances of the buyer, such as death, conversion, merger, take-over, transfer, liquidation, cessation of payments, collective or amicable settlement, request for the deferral of payment, cessation of business activities, seizure or any other circumstances that can cast doubt on the creditworthiness of the buyer, 'Stad Brugge - Musea Brugge' will retain the right by virtue of that fact: either to suspend one of more of its agreements with the buyer until such time as the buyer is able to offer a sufficient guarantee of his ability to pay; or to declare that one or more of its agreements with the buyer have been dissolved with effect from the date on which this dissolution is communicated, without the need for prior notification of default or judicial intervention, but with full retention of 'Stad Brugge - Musea Brugge's right to claim additional compensation.
15.2 If an agreement between 'Stad Brugge - Musea Brugge' and the buyer is dissolved, irrespective of whether or not this happens in accordance with the dissolution provisions of article 15.1 of these general conditions, the buyer loses his right to demand that 'Stad Brugge - Musea Brugge' should fulfil its obligations under the terms of the dissolved agreement.
16.1 'Stad Brugge - Musea Brugge' remains at all times the exclusive holder of all the intellectual property rights that attach to the products it sells and delivers. 'Stad Brugge - Musea Brugge' guarantees that it holds the necessary licenses and permissions for the sale of the products that it offers.
17.1 The buyer gives 'Stad Brugge - Musea Brugge' permission to store the personal details provided by the buyer in an automated database. These details will be used within the framework of informational and/or promotional campaigns to support the sale of the products offered by 'Stad Brugge - Musea Brugge'. The buyer further gives 'Stad Brugge - Musea Brugge' permission to communicate these personal detail to third parties to make possible the processing of the buyer's orders.
17.2 The buyer can ask to consult these details and/or to have them amended at all times. If the buyer no longer wishes to receive commercial communications from 'Stad Brugge - Musea Brugge', he must inform 'Stad Brugge - Musea Brugge' of this fact:
- by post: Stad Brugge - Musea Brugge – Dijver 16 – 8000 Bruges
- by e-mail: museumshop@brugge.be
17.3 The buyer gives 'Stad Brugge - Musea Brugge' permission to use image material of the products delivered to the buyer for the purposes of (amongst other things, but not limited to) general information, publicity and promotional objectives, publication on the website, publication in folders, etc.
All possible disputes between 'Stad Brugge - Musea Brugge' and the buyer will fall exclusively under the jurisdiction of the courts for the judicial district in which the registered premises of 'Stad Brugge - Musea Brugge' are located, unless 'Stad Brugge - Musea Brugge' chooses to bring the dispute before the courts in the judicial district in which the buyer's registered premises or place of residence are located.
