1. General Provisions
These general terms and conditions stipulate, without prejudice to any special terms and conditions that may be applicable, the respective obligations of the contracting parties for services supplied by Mr Raphaël LO MONTE under the company name: RLM TRADUCTION.
By signing the agreement, or by accepting the order confirmation, or by not disputing an invoice if the customer is a business, the contracting party expressly acknowledges to be informed of, and to have accepted, these general terms and conditions.
If there is any conflict between the general terms and conditions of the customer and those of RLM TRADUCTION, the Parties agree that the latter shall prevail.
If the contracting party asserts general terms and conditions that also stipulate that in the case of any conflict between those general terms and conditions and those of their own contracting parties, then the contracting party’s own general terms and conditions shall prevail, and the general terms and conditions of their contracting party and those of RLM TRADUCTION shall not be applicable or applied. In such case, the respective general terms and conditions shall therefore not be applicable either.
These general terms and conditions shall apply to any order for work or services placed with the company RLM TRADUCTION of Mr Raphaël LO MONTE, whose registered office is located at rue du Comptoir 59, 4680 Oupeye, Belgium, and registered with the ECB under no. BE 0663.589.371.
The consent of RLM TRADUCTION shall be conditional upon the application of these general terms and conditions, unless this is expressly waived in writing.
Any order entrusted to RLM TRADUCTION shall only become binding upon them subject to their written confirmation.
Any amendments made by the customer to their order or to the quotation shall only be valid if RLM TRADUCTION has expressly accepted and confirmed them in writing.
If an order is cancelled unilaterally by the contracting party, the customer shall automatically incur a penalty equivalent to 30% of the total amount of the order, without prejudice to the right of RLM TRADUCTION to take legal action to prove that their actual loss or damage exceeds that amount.
The services performed by RLM TRADUCTION shall be deemed to have been accepted by the customer seven calendar days from the date of delivery, unless RLM TRADUCTION receives an accurate and detailed complaint prior to expiry of this period by registered letter.
Any deadlines stipulated for the services or deliveries shall only be for information purposes, unless stated otherwise.
If compliance with the deadline is compulsory, this shall be clearly stated in the order or in the order confirmation, in which case RLM TRADUCTION shall reconfirm whether or not it is possible to comply with the customer’s requirements.
RLM TRADUCTION shall not be bound by these deadlines in the following circumstances:
- In case of force majeure, including strikes, technical faults, delays incurred by the supplier and labour shortage;
- Failure to comply with the payment terms and conditions, without the necessity of a notice of default;
- If changes have been decided by the customer whilst the work is in progress;
- Failure on the part of the customer to supply the necessary information.
5. Pricing and Payment
The customer undertakes to pay RLM TRADUCTION the price laid down in the terms and conditions of the quotation, or if not applicable, in the invoice issued by RLM TRADUCTION. The prices shall be stated in euros and shall exclude any taxes, including VAT, which shall be paid by the customer.
The invoices shall be payable to the registered office of RLM TRADUCTION, and this at the latest within thirty days from the date of invoice.
Upon expiry of this deadline, any outstanding payment shall ipso jure and without any notice of default incur the customary interest rate of 12% per annum, and the minimum rate shall be in accordance with the provisions of Art. 5 of the Late Payment Act of 2 August 2002 for business transactions.
In addition, any invoice still outstanding on the due date shall also ipso jure and without any notice of default incur a fixed penalty of no less than 15% of the outstanding amount with a minimum of EUR 50.00 per invoice.
Any invoice-related objections shall be communicated to RLM TRADUCTION in writing within seven days from the date of invoice.
6. Title and Retention of Title
The customer acknowledges that RLM TRADUCTION shall retain full title to their translations, and generally to all of the products supplied until full payment of the price stated in the order (confirmation) or any other contractual document. If the invoice is still outstanding upon expiry of the deadlines laid down in these general terms and conditions or in the special terms and conditions of the assignment, the customer shall be forbidden to use any of the products supplied by RLM TRADUCTION.
The customer shall refrain from taking any action intended to dispute the validity of the intellectual property rights of RLM TRADUCTION, regardless of their type, relating to their distinctive marques, to their Products, and to all of the documents, photographs or texts used by RLM TRADUCTION on any medium whatsoever, and to prevent the said rights from being protected or to prevent RLM TRADUCTION from enjoying them.
Any non-compliance with this article shall be deemed to be a serious offence, which is likely to be penalised by any legal means. An automatic penalty of no less than two thousand euros (EUR 2,000.00) shall be payable to RLM TRADUCTION in the event of non-compliance, and this without prejudice to the right of RLM TRADUCTION to take legal action to claim compensation for the actual loss or damage suffered.
7. Cancellation - Resolution
In the above provisions RLM TRADUCTION does not in any way waive the right to claim, as they say fit, that the agreement be dissolved or cancelled with payment of damages and interest in the event of non-payment or non-compliance with their contractual obligations by the contracting party.
In the event of the dissolution – cancellation – of the agreement at the expense of the customer, RLM TRADUCTION shall be entitled, in addition to the price for the services supplied, to a fixed penalty of 50% of the balance of the order, without prejudice to the right of RLM TRADUCTION to prove a greater actual loss or damage.
8. Processing of Personal Data
If the Product supply involves RLM TRADUCTION processing personal data managed by the customer, RLM TRADUCTION shall perform the processing in accordance with the Belgian Data Protection Act of 8 December 1992 and with the European regulation 2016/679.
The customer clearly acknowledges that the service provider may collect, record and use personal data relating to the customer and those of the latter’s customers. This data collection shall be of a purely contractual nature.
The customer is also informed that they can at any time request the service provider for access to the data communicated, and to request that the data be amended or deleted, or to at least restrict the level of processing. The customer also has the right to object to the processing if the latter is illegal or to at least demand that their data be transferred to them by exercising their right to data portability.
In the event of any problem resulting from the processing of personal data, the customer is advised that they may lodge a complaint with the national inspectorate, i.e. the data protection commission.
In order to perform their services, the service provider may collect the following data:
- The surname and first name of the customers and their personnel;
- The gender of the customers and their personnel;
- The address of the customers and their personnel;
- The telephone number of the customers and their personnel;
- The e-mail address of the customers and their personnel;
- The bank accounts of the customers;
- Any other personal data providing this is necessary for the following processing purposes.
These data are collected for the following purposes:
- To enable the parties to communicate;
- To perform the assignment appropriately;
- To draw up, implement and cancel agreements entered into between the customer relating to products and/or services offered and/or sold;
- To perform assessments, and for the decision-making process concerning the terms and conditions of these agreements;
- To supply products and/or services;
- To improve the quality of the products and/or services offered and/or sold;
- To perform research and analyses;
- To supply marketing information.
All the necessary personal data collected shall be stored by the service provider or by their personnel or contractors and may be transferred to companies with whom the service provider – or the latter’s suppliers – collaborate, if that type of communication is necessary for the correct performance of the agreement.
9. Non-waiver and Nullity
The mere fact that the trader may at any given time decide not to apply one or several of the clauses of these general terms and conditions for on-line selling or any legal statements, does not in any way constitute a permanent waiver of these clauses.
The non-validity of one of the provisions in these general terms and conditions shall not in any way impair the effective application of any of the other clauses.
10. Jurisdiction – Applicable Law
Any objection relating to the validity, the interpretation, the performance and cancellation/dissolution of the agreement entered into between RLM TRADUCTION and the customer shall be subject to the exclusive jurisdiction of the courts and tribunals of Liège, the division of Liège.
This agreement shall be governed by Belgian law to the exclusion of any other law.