1. Identity and Contact Details of the Company
Company name: VAARR
Legal form: Private Limited Company (LLC) (BV)
Registered office: Conservenweg 8 bus E, 2940 Stabroek
Company number: 1009.096.245
Register of Legal Entities Antwerp Department Antwerp
VAT number: BE 1009.096.245
Phone: +32 494 24 45 14
Email: info@vaarr.io
Website: www.vaarr.io
2. Validity, Notice and Acceptance
2.1 General
These general terms and conditions are an integral part of and apply to all offers, quotations, order forms, invoices and agreements of VAARR to or with the client, to the exclusion of all special or general terms and conditions of the client.
2.2 Notice and Acceptance
By entering into a contract with VAARR, the client expressly declares to have noted and accepted these general conditions.
2.3 Nullity or Invalidity
Any nullity or invalidity of one of these terms and conditions shall not entail the nullity of the other clauses or of the contract.
2.4 Separate Written Contract
If VAARR and the client enter into a separate written contract, the provisions of the separate contract shall take precedence over these general terms and conditions.
3. Offer and Establishment of the Contract
3.1 Establishment of the Contract
The contract between VAARR and the client is established through delivery of the order form with reference to VAARR’s quotation by the client and confirmation thereof by VAARR via email order confirmation to the client.
3.2 Acceptance or Refusal of Assignments
VAARR reserves the right to accept or refuse assignments or requests at its sole discretion.
4. Quotations and Prices
4.1 Reservation and Obligation
Quotations are made under all reservations and are without obligation on the part of VAARR.
4.2 Validity Period of Quotations
Quotations are only valid for the time stated in the quotation, unless otherwise agreed.
4.3 No Rights from Past Agreements
No rights can be derived from past quotations, estimates or agreements for future assignments.
4.4 Prices in Euros
Estimated prices are always shown in the quotations in euros.
5. Invoices and Payment Terms
5.1 Advance Deposits
VAARR reserves the right to request advance deposits.
5.2 Payment Term
Unless otherwise agreed, all invoices shall be paid within 30 days from the day after their sending by email or three days after sending by postal service.
5.3 Collection Proceedings
If the payment deadline is exceeded, VAARR may initiate collection proceedings.
5.4 Default Interest and Compensation
In the event of late payment, the amounts due will be increased with a default interest and a lump-sum compensation.
5.5 Due Date of Invoices
In the event of non-payment, all outstanding invoices shall become immediately due and payable in full.
5.6 Suspension or Dissolution
VAARR reserves the right to suspend further deliveries and/or performances in case of non-payment.
5.7 Invoice Disputes
In the event of a dispute over an invoice, the client must protest the invoice by email within 7 calendar days.
6. Retention of Title
6.1 Retention of Ownership
Ownership of all materials and finished products delivered and to be delivered by VAARR to the client shall remain with VAARR until all claims are paid in full.
6.2 Exercising Retention of Title
When VAARR wishes to exercise its retention of title, it shall notify the client by mail. The client is deemed to have knowledge of this on the third working day after shipment.
7. Use of Data and Intellectual Property
7.1 Confidential Data
The client acknowledges that in order to perform VAARR’s services, it may be necessary to provide specific confidential data.
7.2 Confidential Treatment
VAARR undertakes to keep all confidential data strictly confidential.
7.3 Use of Results
VAARR may use the confidential data and results for further development and optimization.
7.4 Intellectual Property Rights
All intellectual property rights arising from the use of the confidential data belong exclusively to VAARR.
8. Warranty
8.1 Complaints about Services or Products
Complaints about the services performed or products delivered must be provided to VAARR by email within 7 days after delivery.
8.2 Warranty for Hidden Defects
VAARR shall offer a warranty for hidden defects for 6 months from the date of commissioning.
8.3 Right to Remedy
Following a notice of default from the client, VAARR has the right to remedy the defect.
8.4 Exclusion of Warranty
Damage caused by incorrect handling by the client is not covered by VAARR’s warranty.
9. Force Majeure and Liability
9.1 Dissolution in Case of Force Majeure
VAARR may dissolve the contract if they cannot perform their obligations due to force majeure.
9.2 Suspension of Obligations
In case of force majeure, VAARR’s obligations shall be suspended.
9.3 Limitation of Liability
VAARR’s liability is limited to direct damages and only in case of wilful misconduct or gross negligence.
9.4 Maximum Liability
VAARR’s total liability is limited to the amount charged in the case where liability is retained.
9.5 Indemnification by the Client
If the client incurs VAARR’s liability due to a breach on their part, they must indemnify VAARR against any resulting damages.
10. Processing of Personal Data
VAARR may collect and process personal data from the client in accordance with the GDPR. For more information, see the privacy policy.
11. Disputes and Applicable Law
11.1 Amicable Solution
In the event of disputes, the parties shall seek an amicable solution.
11.2 Applicable Law
Belgian law shall apply to disputes that cannot be resolved amicably.