General Terms and Conditions
Medusa Diving vzw
In these General Terms and Conditions the following terms shall have the following meanings:
1. Company: Medusa Diving vzw, BE0630.726.365
2. Customer: any natural person or legal entity with whom an agreement has been entered into.
Consumer: a customer who is an individual and acts as a private person.
3. Products/Services: all items that the Customer can purchase from the Company, in particular Medusa Diving vzw.
4. Invoice: Is also the written confirmation of the order that the Customer places with the Company as a document containing an overview of 1) the services or goods delivered by the seller and 2) the amount that the customer must pay for this.
5. Act of August 2002: the Act of 2 August 2002 on combating late payment in commercial transactions (BS 07.08.2002).
Article 1 : Definitions
1. These General Terms and Conditions apply to every offer, quotation, order and purchase-sale of Products/Services between the Company and the Customer.
2. The Company makes these General Terms and Conditions available on its website: www.medusa-diving.be, and a link on the digital invoice.
3. The Customer acknowledges and accepts these General Terms and Conditions by ticking the box on the booking form & confirming by clicking on 'Book Now'. These General Terms and Conditions shall always take precedence over the Customer's general terms and conditions, unless expressly agreed otherwise in writing between the Company and the Customer.
4. The Company reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the aforementioned website. Any booking made by the Customer after the publication by the Company of this new version implies the Customer's acceptance of the latest published version.
5. If the Company has permitted deviations from these General Terms and Conditions for a short or long period of time, whether or not implicitly, this shall not affect its right to subsequently demand immediate and strict compliance with these General Terms and Conditions.
1. These General Terms and Conditions apply to every offer, quotation, order and purchase-sale of Products/Services between the Company and the Customer.
2. The Company makes these General Terms and Conditions available on its website: www.medusa-diving.be, and a link on the digital invoice.
3. The Customer acknowledges and accepts these General Terms and Conditions by ticking the box on the booking form & confirming by clicking on 'Book Now'. These General Terms and Conditions shall always take precedence over the Customer's general terms and conditions, unless expressly agreed otherwise in writing between the Company and the Customer.
4. The Company reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the aforementioned website. Any booking made by the Customer after the publication by the Company of this new version implies the Customer's acceptance of the latest published version.
5. If the Company has permitted deviations from these General Terms and Conditions for a short or long period of time, whether or not implicitly, this shall not affect its right to subsequently demand immediate and strict compliance with these General Terms and Conditions.
Article 2: Applicability
Article 3: Offer
1. In a B2B transaction, a quotation or any other offer from the Company may have a limited period of validity or be made subject to conditions, this will be expressly stated.
2. The quotation or any other offer from the Company contains such information that it is clear to the Customer what rights and obligations are associated with its acceptance.
3. The Customer can only claim a discount for cash payment if they are in possession of a valid coupon code.
4. The company presents a basic range of its products/services on its website.
5. The offer itself is not limited nor restricted to the published products/services on official website and social media channels.
6. The offer is limited and restricted by training conditions of third parties. Being diving federation PADI EMEA
7. Certain products/services from the company's range will only be scheduled at the customer's request and AFTER payment of the relevant invoice.
Article 4: Prices
1. Unless expressly deviated from, the prices communicated and/or published by the Company for the Products/Services are always in euros (€) and include VAT. Any increase in the VAT rate in the period between the order and delivery shall be borne by the Customer. Orders shall be invoiced at the prices and conditions in force at the time of acceptance of the order.
2. The Company is not bound by price indications that are clearly incorrect, for example in the case of printing or language errors. The Customer cannot derive any rights from unlawful price information. The correct price list can be viewed at the following addresses: Medusa Diving vzw, Koningin Astridlaan 5, 8450 Bredene and
Doctor Eduard Moreauxlaan 249, 8400 Ostend, Belgium.
3. The Company has the right to increase the price of the Products/Services and to change the content of formulas/bundles.
Article 5: Bookings
1. The Company makes a digital invoice with a unique serial number for each booking, a paper version of the invoice is available upon request. The digital invoice is in duplicate, one for the Customer and the other for the Company.
2. The Customer is considered to be solely responsible for the booking and payment. If the booking is made by a third party, parent or guardian, this is deemed to have been done in the name and on behalf of the Customer.
Article 6 : Delivery
1. The Company shall exercise the utmost care when receiving and executing orders.
2. Delivery to the Customer will take place at the time that the Products/Services are made available to the Customer at the email address provided by them or at any other location previously agreed upon by the Company and the Customer. At that time, the risk of loss or damage to the Products will also be transferred to the Customer.
3. The Company will deliver the Products/Services within 36 hours after receipt of payment, either through the website or in cash.
Article 7: Invoice and payment
1. Payment by the Customer to the Company for the purchase of one or more Products/Services shall be made as follows:
At the time the Company has the Products/Services available for delivery to the Customer, the Company will charge the total invoice amount due. This amount is due and payable by the Customer according to the modalities stated in the general terms and conditions.
2. Each invoice from the Company to the Customer shall state at least the invoice number, the purchase price of the Products/Services and the total amount including 21% VAT.
3. Unless otherwise stated on the invoice, it is due and payable within 30 calendar days after the invoice date to the Company's account number with IBAN number BE 05 7370 4485 6075. If applicable, the BIC code: KREDBEBB
3. When purchasing on the Company's website, the total invoice amount due will be charged immediately. The customer will be sent an invoice for the booked products/services.
4. In the event of late payment by the Customer, default interest is due in accordance with Article 5, paragraph 1 of the Act of 2 August 2002. This default interest will automatically start to run from the day after the due date of the invoice due, and therefore without the need for prior notice of default. The default interest amounts to 15% per year and is calculated until the day of full payment of the principal sum.
5. In the event of late payment by the Customer, the Company is also entitled to reimbursement of the collection costs in accordance with Article 6 of the Act of 2 August 2002. The extrajudicial collection costs amount to 15% of the principal amount of the outstanding invoice. The judicial collection costs are equal to the costs actually borne by the Company.
6. In the event of late payment by the Customer, the amount due will be increased by operation of law, and therefore without the need for prior notice of default, by a fixed compensation of 10% of the principal sum, with a minimum of €40.00.
7. A payment will always be charged to the oldest outstanding invoice.
8. In the event of non-payment of the oldest outstanding invoice, Medusa diving vzw may call in the services of a bailiff 60 days after the first invoice date.
9. Failure to pay a single invoice on the due date renders the balance due on all other invoices, even those not yet due, immediately due and payable by operation of law.
10. Each payment will be allocated to the oldest outstanding invoice and the applied reminder costs, regardless of what is stated with the payment.
Article 8: Cancellation of products/services
1. The customer reserves the right to cancel free of charge; either up to 48 hours after placing a booking via our official website; or up to 72 hours after placing a booking at a physical location.
2. Either after 48 hours of placing a booking through our official website; unless after 72 hours of placing a booking at a physical location, the Company will charge fees, linked to the Products/Services ordered by the customer.
3. The customer can only claim a partial refund. The costs that the Company must make, related to the booked products/services can not be reclaimed by the Customer.
4. The customer cannot claim a full or partial refund of a membership fee upon cancellation, described as a subscription on the website.
Article 9: Conformity of products/services
1. The Company undertakes to deliver the ordered Products/Services free from defects.
2. If the Products/Services for any reason do not correspond to the Customer's order or show defects, the Customer must protest the delivery in writing within ten working days at the latest, failing which the Customer will be deemed to have unconditionally and definitively accepted the delivery. The burden of proof of the aforementioned written and timely protest lies solely with the Customer.
3. There shall be no lack of conformity and/or any other defect within the meaning of this article if (i) the defect is the result of accident, negligence or misuse by the Customer, or (ii) the Customer was aware of such defect prior to delivery or should reasonably have been aware of it and nevertheless agreed to it.
4. The Company is not obliged to indemnify the Customer for hidden defects of which it was not aware. However, the Company is deemed to be aware of the defects with which the Products may be affected, unless it proves that it was not aware of them and could not reasonably have been aware of them.
Article 10: Liability
The Company cannot be held liable for any damage to persons, goods (including the Products), animals, services, etc., which may directly or indirectly result from the Products, except in the event of fraud or deceit.
By way of exception to Article 1583 of the Civil Code, the property sold remains the property of the seller until the total price has been paid by the buyer.
Article 11: Retention of title
The contractual relationship between the Company and the Customer is governed exclusively by Belgian law. Any dispute falls under the exclusive jurisdiction of the Dutch-speaking Courts of the judicial district of West Flanders.