General terms and conditions

Art. 1 Service Provider Information

1.1. CC EXPERTS is the trade name of BV CLAEYSSENS EN COUCKUYT, headquartered at Kouterbaan 16B, 9830 Sint-Martens-Latem, with company number 0642.924.512, hereinafter referred to as the “Company,” with website www.ccexperts.be (hereinafter the “Site”), and reachable by phone at 09/233 40 54 or via email: info@ccexperts.be.

1.2. When required by an assignment, the Company is represented by a surveyor-expert acting on its behalf. The surveyor-expert practices a regulated profession and may, at their discretion, be assisted by an employee, colleague, or other third parties for the execution of the assignment. The profession of a surveyor-expert is legally regulated in accordance with the Law of 11 May 2003 on the protection of the title and profession of surveyor-expert.

Art. 2 Definitions

2.1. Order
= A request submitted by the Client to the Company, with the purpose of having the Company perform its services.

2.2. Client
= Any individual or legal entity that enters into an Agreement with the Company.

2.3. Quotation
= A proposal for services issued by the Company.

2.4. Company
= CC experts

2.5. Assignment
= he task entrusted to the Company under the Agreement between the Company and the Client.

2.6. Agreement
= The service agreement concluded between the Company and the Client.

2.7. Force majeure
= Any unforeseeable, unavoidable, and uncontrollable event, including, but not limited to, strike, lockout, riot, mobilization, fire, epidemic, (serious) illness, flood, natural disaster, adverse weather conditions, government measures, seizure or confiscation, armed robbery, shortage of transport facilities, shortage of labor, exceptional traffic disruptions, or restrictions on energy use, that temporarily or permanently prevents the Company from fulfilling its obligations towards the Client.

Art. 3 Applicability of the General Terms and Conditions

3.1. These General Terms and Conditions apply to every Order, whether placed orally, in writing, or through the website.

3.2. The Client shall be deemed to have read and accepted these General Terms and Conditions if no objection is raised within eight (8) days of receipt.

3.3. The applicable General Terms and Conditions are available for consultation on the website at all times.

3.4. These General Terms and Conditions form an integral part of the Agreement. Any deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing. The Company reserves the right to amend these General Terms and Conditions at any time. Amendments shall only apply to Orders and Assignments placed after the date of amendment.

Art. Principal Services

4.1. The Company is a consultancy firm specializing in real estate-related challenges and projects. It serves private individuals, businesses, and real estate professionals, and provides the following services: property valuations, land surveying, property condition reports, advisory services, and consultancy.

Art. 5 Formation of the Agreement

5.1. An Order or Assignment, including those placed via the website or through the Company’s agents or representatives, shall only be binding once it has been expressly confirmed in writing by the Company.

5.2. The Agreement is deemed concluded upon the Company’s express written acceptance of the Order.

Art. 6 Cancellation and Withdrawal Policy

6.1. The Client may not cancel an Assignment unless prior written consent has been granted by the Company.

6.2. A Client acting as a consumer has the right to withdraw from a distance Agreement (concluded via the website, email, or telephone) within fourteen (14) days of its conclusion, without providing any reason, provided that the Agreement has not yet been performed. Withdrawal may be exercised using the standard form available on the website of the Federal Public Service for Economy, SMEs, Self-Employed and Energy (economie.fgov.be). In the event of a valid withdrawal, the Company shall refund any advance payment within eight (8) working days of the withdrawal.

6.3. If the Client–consumer has expressly requested the Company to commence performance before the expiry of the withdrawal period and nevertheless exercises the right of withdrawal, the Client–consumer shall pay an amount proportionate to the services already provided, in accordance with Article VI.51 or VI.71§3 of the Belgian Code of Economic Law (WER). This amount shall be calculated on the basis of the total price set out in the Agreement. Where the Agreement has been fully performed at the Client–consumer’s request prior to the expiry of the statutory withdrawal period, the right of withdrawal shall no longer apply.

6.4. In addition, if the Assignment is cancelled, the Client shall be liable to pay the Company a fixed compensation equal to fifteen percent (15%) of the total Order value, subject to a minimum of €90 (excluding VAT), without prejudice to the Company’s right to claim greater proven damages. This compensation covers fixed and variable costs as well as potential loss of profit. Where the Order is cancelled after performance has commenced, the full Order price shall be payable.

Art. 7 Execution

7.1. An Order or Assignment shall be executed as specified in the Quotation or as registered on the website. In the absence of an approved Quotation, the Order or Assignment shall be carried out in accordance with the written or oral agreement between the parties.

7.2. Unless expressly agreed otherwise, delivery of an Order or Assignment shall be made by e-mail in PDF format.

7.3. Execution deadlines are provided for informational purposes only and are not binding. Any agreed execution period shall cease to be binding if the delay is attributable to a situation of Force Majeure or to any circumstance beyond the control of the Company.

Art. 8 Price and Payment

8.1. For Orders placed via the website or through any other means of remote communication, the quotation price is determined immediately and automatically on the basis of the information provided by the Client. Unless expressly agreed otherwise, each Quotation remains valid for a period of four (4) weeks. Offers and prices stated in a Quotation do not automatically apply to future Assignments. Even after acceptance of a Quotation, the Company reserves the right to adjust the price should it become evident that the information provided by the Client was inaccurate or incomplete.

8.2. In the absence of a Quotation, if it is determined that the quoted price was based on incorrect and/or incomplete information supplied by the Client, or if additional Assignments arise that were not included in the Quotation or in the Order registered on the website, the services provided shall be invoiced on a time-spent basis at the following rates (exclusive of VAT):
€125 per hour for real estate appraisals;

€95 per hour for land surveying and data processing;

€90 per hour for CAD drafting and BIM modeling;

€65 per hour for administrative tasks;

€135 per hour for reporting, project management, and follow-up;

€100 fixed fee, plus €0.50 per km for travel.
These rates may be further increased to cover actual expenses incurred. The Company reserves the right to revise these rates by up to 80% of the original price, for example in the event of rising labor costs. The Client shall be notified in advance of any such price adjustments. If, at the time agreed with the Client, the Company is not granted access to the property, thereby preventing execution of the Assignment, a new appointment shall be scheduled. In such case, an additional fee of €50 shall be charged, plus travel costs of €0.45 per km.

8.3. Unless otherwise stated on the invoice, all invoices shall be paid no later than fourteen (14) days from the invoice date. The Company reserves the right to suspend performance of the Assignment for as long as the Client remains in default of timely payment. In the event of non-payment by the due date, business clients shall, automatically and without formal notice, owe default interest of one percent (1%) per month, together with a contractual penalty of ten percent (10%) of the outstanding amount, subject to a minimum of €90. For consumer clients, interest and penalties shall only become payable after a formal notice of default has been sent and after the expiry of a fourteen (14) day grace period specified therein.

8.4. Any dispute regarding an invoice must be notified by registered mail no later than eight (8) days after receipt of the invoice. Failing such notification, the invoice shall be deemed accepted in full.

Art. 9 Liability

9.1. The Company and the Client expressly acknowledge that the Company’s obligations are obligations of means (best-efforts obligations) and not obligations of result.

9.2. The Client shall provide the Company with all necessary and available information and shall fully cooperate to enable proper performance of the Assignment. The Company is entitled to rely on the accuracy of the information supplied by or on behalf of the Client. If the Client fails to comply with this obligation, the Company may terminate the Assignment. In such case, the Client shall owe the Company lump-sum damages as provided in Article 11.2, final paragraph. The Company shall in no event be liable for any loss or damage arising from incorrect information provided by the Client.

9.3. Unless expressly agreed otherwise, the Company shall not be required to retain any documents or reports prepared in connection with the Assignment for more than twelve (12) months following its completion.

9.4. The Company shall not be liable for any damage suffered by the Client, except where such damage results from:
– intent or gross negligence on the part of the Company or its employees or agents; 

– or failure to perform an obligation that constitutes a material obligation of the Agreement, except in cases of Force Majeure.

9.5. If the liability of the Company were to be established, compensation shall be limited to:
– direct bodily and material damage;

– direct immaterial consequential damage and non-material damage.
The Company disclaims all liability for damages including, but not limited to, loss of profits, financial or commercial losses (whether direct or indirect), production losses, increased general expenses, increased administrative costs, loss or damage of data, loss of contracts, intangible damage, loss of clientele, damage relating to any form of “cybercrime,” and the like.

9.6. The Company shall not be liable for damage suffered by third parties and shall not be required to indemnify the Purchaser in such cases, even in the event of gross negligence.

9.7. The Client accepts that the (contractual and non-contractual) liability of the Company shall under no circumstances exceed the amount actually paid by the Client to the Company for the services rendered.

9.8. The Company cannot be held liable in tort by the Client, except in cases of intent or physical injury. In such cases, the Company shall only be liable for compensation of direct bodily damage, direct material damage, direct immaterial consequential damage, and pure non-material damage, up to a maximum amount equal to the fees actually paid by the Client to the Company for the services rendered.

9.9. The directors and employees of the Company cannot be held directly liable by the Client, except in cases of intent or physical injury. In such cases, the director or employee shall only be liable for compensation of direct bodily damage, direct material damage, direct immaterial consequential damage, and pure non-material damage, up to a maximum amount equal to the fees actually paid by the Client to the Company for the services rendered.

9.10. The Company is insured for professional liability with Allianz, under policy number ZCN400066453.

Art. 10 Force majeure

10.1. Any event of Force majeure or unforeseen circumstance shall automatically release the Company from all contractual obligations, without the Client being entitled to any compensation.

10.2. Where the performance of the Company’s obligations depends on third parties, such as subcontractors or external suppliers, the above provisions shall likewise apply in the event of Force Majeure or unforeseen circumstances affecting such third parties, insofar as this causes delay or prevents the Company from fulfilling its obligations.

10.3. The application of Article 5.74 of the Civil Code is expressly excluded.

Art. 11 Remedies

11.1. Termination
11.1.1. In the event of a material breach by the Client (including, but not limited to, the non-payment of two consecutive invoices), the Company may terminate the Agreement with immediate effect, without judicial intervention and without liability for any compensation.

11.1.2. In the event of a material breach by the Company, the Client may terminate the Agreement with immediate effect, without judicial intervention and without liability for any compensation.

11.2. Damages
11.2.1. If the Company fails to perform the Agreement, or performs it defectively, the Client may claim damages. Such damages shall in no event exceed ten percent (10%) of the fees paid for the services rendered, without prejudice to the Company’s right to claim compensation for its actual and demonstrable losses.

11.2.2. If the Client fails to perform the Agreement, or performs it defectively, the Company shall be entitled to claim damages. Such damages shall in no event exceed ten percent (10%) of the fees paid for the services rendered, without prejudice to the Company’s right to recover compensation for its actual and demonstrable losses.

11.3. Nullity
11.3.1. The nullity of one or more provisions shall not affect the validity of the remainder of the Agreement. The Parties undertake to replace any invalid provision(s) with a valid provision that reflects, as closely as possible, the original intention of the Parties and the spirit of the Agreement.

11.3.2. Each provision contained in these Terms and in the Agreement between the Company and the Client shall, in the event of potential (and proven) nullity, remain valid to the maximum extent permitted by law.

11.3. Miscellaneous
The application of Article 5.97 of the Civil Code, Article 5.85(2) of the Civil Code, and Article 5.239 of the Civil Code is expressly excluded.

Art. 12 Complaints

12.1. Any complaint may be submitted to the Company by e-mail.

12.2. The Customer, in his capacity as a consumer, may also turn to the ODR platform (Online Alternative Dispute Resolution platform). This platform enables consumer disputes to be resolved in an accessible and straightforward manner without the intervention of a court. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

Art. 13 Intellectual property

13.1. The Company grants the Customer a limited, non-exclusive license to print the delivered Order or Assignment and to retain it for personal, non-commercial use.

13.2. Any other use (including reproduction other than a single printed copy, publication, or reuse) by the Customer is strictly prohibited unless prior written consent has been obtained from the Company. Any use in violation of this license shall be deemed an infringement and will automatically terminate the license granted to the Customer under this clause, without prejudice to any damages owed by the Customer to the Company as a result.

Art. 14 Privacy – data protection

14.1. When placing an Order, the Company requires the Customer to provide certain personal data (name, surname, address, telephone number(s), e-mail address(es), and bank account number). The processing of this data is essential for entering into an agreement with the Company. Without such processing, no agreement can be concluded. The Company will always ensure the proper and lawful processing of the data provided by the Customer, in accordance with the Act of 8 December 1992 on the protection of privacy. By entering into the Agreement, the Customer consents to the use of his/her personal data for the management of contractual relationships, for keeping the Customer informed about current or future products or services offered by the Company, and for sending invitations to participate in surveys regarding the Company’s services. In accordance with the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data, the Customer retains the right to object, free of charge and upon request, to the processing of his/her personal data for direct marketing purposes.

14.2. The Company does not sell or rent the Customer’s personal data to third parties. Personal data will only be disclosed to third parties where required by law or regulation, or where necessary for the normal course of business operations.

14.3. In accordance with the General Data Protection Regulation (GDPR), the Customer is entitled to the following rights: the right of access to his/her data; the right to rectification or modification of the data (free of charge and as often as necessary); the right to erasure of the data; the right to restriction of processing; the right to data portability; and the right to object to the processing of data for marketing purposes. If the Customer requires assistance or has any questions regarding the modification of personal data, he/she may contact the Company directly.

14.4. Personal data will not be retained longer than strictly necessary to achieve the purposes for which it was collected.

14.5. Any complaints regarding the processing of personal data may be submitted by the Customer to the Data Protection Authority.

Art. 15 Language

15.1. These general terms and conditions are available exclusively in the Dutch language.

Art. 16 Applicable law and dispute resolution

16.1. Belgian law shall apply. Any disputes arising in connection with this Order or Assignment may only be brought before the courts of Ghent, unless mandatory statutory provisions provide otherwise.

Art. 17 Non-enforcement of a clause

17.1. If the Company does not enforce one of the clauses of these terms and conditions, this shall not be interpreted as a waiver of its right to enforce that clause at any later time.

Art. 18 Balance

18.1. These general terms and conditions have been drafted in a fair and balanced manner.