TERMS AND CONDITIONS OF SALE

Article 1 - Identity of the Seller

 

These terms and conditions of sale (hereinafter the "T&C") govern the sales made by:

 

Hypevision SRL

 

Registered office: avenue Louise 231, 1050 Brussels, Belgium

Company number (BCE): 0803.516.227

VAT number: BE 0803.516.22

Email: hello@hypevision.be

Website: www.hypevision.be

 

hereinafter referred to as "Hypevision" or the "Seller".

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Article 2 - Purpose and Scope

 

2.1 Hypevision designs and markets trend booklets and prospective studies (hereinafter the "Products"), available in digital format (PDF, video or other downloadable intangible medium) and/or in print format.

 

2.2 These T&C apply exclusively to sales concluded remotely, via the website www.hypevision.be or by electronic means, between Hypevision and customers acting for professional purposes (hereinafter the "Customer"), to the exclusion of any sale to consumers within the meaning of Article I.1, 2° of the Belgian Code of Economic Law.

 

2.3 The Customer declares that it concludes the contract within the framework of its commercial, industrial, craft or professional activity. Consequently, the protective provisions applicable to consumers, in particular the right of withdrawal provided for in Articles VI.47 et seq. of the Code of Economic Law, do not apply.

 

2.4 Any order implies the Customer's full and unreserved acceptance of these T&C, to the exclusion of the Customer's own general purchasing conditions. The Customer acknowledges having read them before validating its order.

 

2.5 Hypevision reserves the right to amend these T&C at any time. The applicable T&C are those in force on the date the contract is concluded.

 

Article 3 - Products and Information

 

3.1 The essential characteristics of the Products are described on the website www.hypevision.be. Photographs, images and descriptions are provided for indicative purposes only and do not contractually bind Hypevision with regard to minor differences in presentation.

 

3.2 The Products constitute works of prospective analysis. They are based on data and projections established as at the date of their publication; they do not constitute a guarantee of results or personalised advice, and do not engage Hypevision's liability with regard to decisions taken by the Customer on their basis.

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Article 4 - Orders

 

4.1 The Customer places an order via the online process on the website. Before validation, the Customer is able to review the details of its order and the total price, and to correct any errors.

 

4.2 Validation of the order constitutes acceptance of the T&C and formation of the contract, subject to actual receipt of payment. Hypevision confirms receipt of the order without delay by electronic means.

 

4.3 Hypevision reserves the right to refuse or cancel any order from a Customer with whom a dispute exists, or for any other legitimate reason.

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Article 5 - Prices

 

5.1 Prices are stated in euros, excluding VAT. VAT at the applicable legal rate, together with any delivery charges, is added to the price on the day of the order.

 

5.2 The applicable price is the one in force at the time the order is validated. Hypevision reserves the right to change its prices at any time, without effect on orders already confirmed.

 

5.3 An invoice compliant with Belgian legal requirements is issued for each sale and made available to the Customer by electronic means.

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Article 6 - Payment

 

6.1 Payment is made at the time of the order, by the means offered on the website (in particular Bancontact, bank card or bank transfer).

 

6.2 The Customer warrants that it is the holder of the means of payment used and has the necessary authorisations.

 

6.3 For digital Products, delivery only takes place after full receipt of payment. In the event of refusal or failure of payment, the order is automatically cancelled.

 

6.4 In accordance with Directive 2011/7/EU as transposed into Belgian law (the Act of 2 August 2002 on late payment), any amount unpaid at maturity shall, automatically and without prior notice, bear late-payment interest at the legal rate applicable to commercial transactions, together with a fixed indemnity of €40 for recovery costs, without prejudice to compensation for any additional costs, set at a flat rate equivalent to 10% of the sum due in principal and interest, including but not limited to compensation for the loss of earnings resulting from the time spent compiling, submitting and presenting the file to a debt-recovery professional and following it up, as well as the reimbursement of the various incidental costs arising therefrom, such as printing, typing and postal-service costs.

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Article 7 - Delivery

 

7.1 Digital Products. After receipt of payment, Hypevision makes the Product available to the Customer by secure download or by sending an access link to the email address provided at the time of the order. Access is granted for a period of 12 months from the date the Product is made available.

 

7.2 Print Products. Physical Products are shipped to the address indicated by the Customer, within an indicative period of 10 business days from receipt of payment, and in any event within a maximum period of 30 days. Delivery charges, where borne by the Customer, are specified before the order is validated.

 

7.3 The risks relating to the print Product are transferred to the Customer upon handover of the parcel to the carrier. In the event of a visibly damaged parcel on receipt, the Customer is invited to make the usual reservations with the carrier and to inform Hypevision as soon as possible.

 

7.4 Hypevision cannot be held liable for any temporary unavailability of access to digital Products resulting from causes beyond its reasonable control.

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Article 8 - Conformity and Complaints

 

8.1 The Customer shall verify that the delivered Product conforms to its order. Any complaint relating to an apparent defect or non-conformity must be notified to Hypevision in writing within eight (8) days of receipt, at the address hello@hypevision.be.

 

8.2 After this period, the Product is deemed accepted without reservation. Late or unsubstantiated complaints cannot be taken into account.

 

8.3 In the event of a duly established non-conformity, Hypevision may, at its discretion, either replace the Product or refund the price, to the exclusion of any other compensation.

 

8.4 Any complaint relating to an invoice must be notified to Hypevision in writing within eight (8) days of receipt, at the address hello@hypevision.be.

 

8.5 Any dispute, of whatever nature, must be reasonably substantiated, failing which it shall be deemed inadmissible.

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Article 9 - Intellectual Property and Licence of Use

 

9.1 All elements making up the Products (texts, analyses, data, images, graphics, layout, the "Hypevision" trademark) are protected by copyright and trademark law and shall remain the exclusive property of Hypevision or its partners.

 

9.2 The purchase of a Product grants the Customer a personal, internal and non-exclusive right of use, limited to its own organisation. The following are strictly prohibited, save with Hypevision's prior written consent: reproduction, distribution, resale, making available to third parties, partial or full redistribution, and any commercial exploitation of the content.

 

9.3 Any breach of these provisions engages the Customer's liability and may give rise to legal proceedings.

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Article 10 - Confidentiality

10.1 Confidentiality of the Products' content. The Products contain information, analyses and projections of a strategic and confidential nature. The Customer undertakes to preserve their confidentiality and to communicate their content, in any form whatsoever, only to those members of its own organisation who need to know it within the framework of the use authorised under Article 9.

 

The Customer shall refrain from disclosing, summarising, quoting or making accessible to any third party the content of the Products, in whole or in part, without Hypevision's prior written consent. This undertaking shall remain in force for as long as the information concerned has not entered the public domain through a lawful means independent of the Customer.

 

10.2 Confidentiality of the Customer's data. Reciprocally, Hypevision undertakes to treat as confidential all information relating to the Customer, including its identity, the very fact of its order, and any information transmitted within the framework of the commercial relationship. Hypevision shall refrain from publicly disclosing or disclosing to third parties the Customer's name, or from mentioning it in its communication materials, commercial references or client lists, without the Customer's prior written consent.

 

This undertaking does not preclude communications strictly necessary for the performance of the contract (in particular to payment, delivery or hosting providers), nor the legal, regulatory or accounting obligations to which Hypevision is subject.

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Article 11 - Liability

11.1 Hypevision's liability is limited to the amount actually paid by the Customer for the Product concerned.

11.2 Hypevision cannot be held liable for indirect damages, nor for the strategic or commercial decisions taken by the Customer on the basis of the content of the Products.

11.3 These limitations do not apply in the event of fraud, gross negligence, or bodily injury, in accordance with mandatory Belgian law.

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Article 12 - Data Protection (GDPR)

Hypevision processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Belgian Act of 30 July 2018. The processing arrangements are detailed in the Privacy Policy available on the website www.hypevision.be.

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Article 13 - Force Majeure

The performance of Hypevision's obligations is suspended in the event of force majeure or fortuitous event (in particular war, pandemic, disaster, major technical failure, network interruption). Should the impediment persist beyond sixty (60) days, either party may terminate the order in progress, in which case the sums paid are refunded for the portion not performed.
 

Article 14 - Governing Law and Jurisdiction

14.1 These T&C are governed by Belgian law.

 

14.2 In the event of a dispute, the parties shall endeavour to reach an amicable solution beforehand.

 

14.3 Failing this, any dispute falls within the exclusive jurisdiction of the French-speaking courts of the judicial district of Brussels, save for any mandatory legal provision to the contrary.

Hypevision - avenue Louise 231, 1050 Brussels - BE 0803.516.227 - www.hypevision.be