Terms & conditions

1. Presentation

●     ATOMIUM Asbl, a company having its registered office at Place de l’Atomium 1, 1020 Brussels and registered with the company number BE 837 5870407.

●       Service: the provision of products, Official Atomium merchandising.

●       Website: www.atomium.be

2. Formation

2.1.          These terms and conditions apply to the agreement entered into between the Atomium Asbl and the customer and through which the Atomium Asbl provides the Customer with the Service. The Atomium Asbl and the Customer are individually referred to as a "party" and collectively as the "parties" to the Agreement.

2.2.          All publicly displayed pricing and features of the Service (e.g. online or on informative brochures) are provided for information purposes only. Only the pricing and features included in the offer communicated to the Customer may be binding to the Atomiumm Asbl.

2.3.          The Customer accepts the offer for the Service, as the case may be, by accepting in writing or by sending back a signed purchase order issued by the Atomium Asbl or by confirming in writing to the Atomium Asbl (including by email or through a webshop interface) that the Customer subscribes to the offer for the Service.

2.4.          By accepting the offer, the Agreement enters into force, the Customer consents to the application of the Terms and Conditions and waives the application of any conflicting provisions of any purchaser terms and conditions or any other document emanating from the Customer which, in the absence of this article, would conflict with the Terms and Conditions. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Customer is subject (such as, for example, public procurement rules) prevail over the provisions of the Terms and Conditions.

3. Service

3.1.          The Atomium Asbl undertakes to use its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.

4. Intellectual Property

4.1.          The Customer acknowledges that all elements made available by the Atommium Asbl to the Customer (e.g. texts, images, photos, logos, databases, [the functionalities and interface of the Website], etc.) may be protected by one or more intellectual property rights (including copyright, trademark rights and rights related to the production of databases) of which the Atomium Asbl is the holder. The Customer must refrain from using or reproducing these elements and deleting or adapting any references to associated intellectual property rights.

5. Pricing

5.1.          In exchange for the use of the Service, the Customer pays the Atomium Asbl the price set out in the offer accepted by the Customer. The price must, unless otherwise specified, be considered as expressed in euros (EUR) and exclusive of value added tax (VAT).

5.2.          The price is set, as the case may be, on a fixed basis, on a periodic basis (annually, monthly, etc.) or on a per-use or per-delivery basis. The price may, where applicable, detail other costs related to the use of the Service (such as, for example, delivery costs, packaging costs, transportation costs, installation costs, etc.).

5.3.          [recurring/subscription fees] [The Atomium Asbl reserves the right to change the price of the Service at any time and must inform the Customer in writing. Unless otherwise indicated in the information provided to the Customer, the new price shall take effect on the first day of the second month following the date of communication of the price change. The Customer may object to the application of the new price by sending a written notice to the Atomium Asbl, which has the effect of terminating the Agreement as of the date on which the price change takes effect.]

6. Payment and invoicing

6.1.          The Atomium Asbl issues an invoice and communicates the invoice to the Customer. The Customer must pay the elements of the invoice, as the case may be, immediately (through credit card payment, SEPA payment or other online payment facility) or at the latest before the due date (which is set to thirty (30) days after the date of issue, unless otherwise specified on the invoice).

7. Liability

7.1.          [consumer-goods] If the Atomium Asbl has delivered consumer goods to the Customer, the Customer may ask the Company to repair or replace these goods if the Customer finds a defect. If the repair or replacement proves to be excessive or impossible or cannot be carried out within a reasonable period of time, the Atomium Asbl will inform the Customer, who may request a price reduction or the termination of the Agreement.

7.2.          [consumer-goods] If the defect becomes apparent within 6 months after delivery, the defect will be deemed to have existed prior to delivery, unless the Atomium Asbl proves otherwise. After this period, the Customer will provide the Company with proof that the defect already existed at the time of delivery.

7.3.          To the extent permitted by applicable law (and in particular without prejudice to the Atomium Asbl's liability in the event of the death of or personal injury to the Customer resulting from an act or omission of the Atomium Asbl):

●       the Atomium Asbl does not incur any other warranty or liability than those expressly set forth in the Terms and Conditions;

●       the Atommium Asbl may only be held liable to the Customer for its wilful misconduct, serious misconduct or that of its employees or, except in cases of force majeure, for any failure to fulfil the essential obligations set out the Agreement;

●       if the Atomium Asbl were to be held liable, the Atomium Asbl would only be liable for direct damages and may not be held liable for indirect damages suffered by the Customer, its representatives or other persons concerned, occurring in the context of the execution of the Agreement including e.g. loss of income, loss of profits, loss or compromission of data, loss of customers, loss of turnover, loss of reputation or loss of future revenues, whether or not the Atomium Asbl has been informed of the possibility of the occurrence of such damages;

●       if the Company were to be held liable, the total liability of the Atomium Asbl to the Customer under the Agreement may not exceed [cap to fees] [the price paid by the Customer for the part of the Service for which the Atommium Asbl is liable during the twelve (12) months preceding the occurrence of the damage] [cap to insurance coverage] [the amount that the Atomium Asbl recovers from the activation of the Company's professional liability insurance]

8. Right of withdrawal

8.1.          [consumer-goods] If the Atomium Asbl has delivered consumer goods to the Customer, the Customer will have the right to inform the Atomium Asbl of its intention to withdraw from the contract within 14 calendar days without giving any reason and without any additional costs other than those set forth in the Code of Economic Law (the "right of withdrawal").

8.2.          If applicable, the Atomium Asbl shall inform the Customer that the Company has a legal exception to the right of withdrawal.

8.3.          [hygienic products] In particular, the Atomium Asbl may benefit from this exception if sealed goods have been unsealed after delivery and cannot be returned for reasons of hygiene or health.

8.4.          The Customer will inform the Atomium Asbl of their wish to exercise their right of withdrawal in writing, either by means of an unambiguous statement clearly indicating the decision to withdraw, or by duly completing the legal withdrawal form which can be downloaded via the following links:

●       French version : https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf;

●       Dutch version: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf.

9. Complaints

9.1.          The Customer may at any time address a complaint to the Atomium Asbl in writing to the following address: jerome.petit@atomium.be

9.2.          If the Atomium Asbl and the Customer are unable to reach an amicable settlement, the Customer may at any time refer the matter to the Consumer Mediation Service, at the following contact details

●       Service de Médiation pour le Consommateur / Consumentenombudsdienst

●       Boulevard du Roi Albert II 8 box 1 / Koning Albert II-laan 8 bus 1

●       1000 Brussels

●       Phone: +32 2 702 52 20

●       Fax: +32 2 808 71 29

●       E-mail: contact@mediationconsommateur.be / contact@consumentenombudsdienst.be

●       Website: http://www.mediationconsommateur.be / https://www.consumentenombudsdienst.be

9.3.          The Customer may also access an online form at the following address:

●       French version: http://www.mediationconsommateur.be/fr/formulaire-de-plainte;

●       Dutch version: https://mediationconsommateur.be/nl/klachtenformulier.

9.4.          The Customer may also refer to the European online dispute resolution platform, available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=en

10. Duration and end

10.1.          The Agreement is entered into at the time of acceptance of the offer by the Customer [recurring/subscription fees] [and, unless otherwise stated in the offer, for an indefinite period of time].

10.2.          [recurring/subscription fees] Either party may terminate the Agreement by giving unambiguous notice to the other party of its intention to terminate the Agreement. The Agreement will automatically terminate at the end of a period of [three (3) months] from the date of the sending of the notice.

10.3.          To the extent permitted by applicable law, the Atomium Asbl will not refund to the Customer any amount paid by the Customer at the end of the Agreement (regardless of the cause of the end of the Agreement).

11. Modifications

11.1.          [recurring/subscription fees] The Atomium Asbl reserves the right to modify at any time all or part of the provisions of the Terms and Conditions. The Atomium Asbl must inform the Customer by making available to the Customer the new version of the text of the Terms and Conditions. Unless otherwise indicated in the information provided to the Customer, the provisions of the new version of the Terms and Conditions will apply to the contractual relationship between the Atomium Asbl and the Customer on the first day of the second month following the date of the sending of the information. If the Customer objects to the application of the provisions of the new version of the Terms and Conditions, the Agreement will automatically terminate on the first day of the second month following the date of the sending of the information (it being understood that the penultimate version of the Terms and Conditions will continue to apply to the contractual relationship between the Customer and the Atomium Asbl until the end date of the Agreement).

12. Communications

12.1.          The parties are validly informed or notified in writing of the actions set out in the Agreement (e.g. receipt of an invoice, receipt of notice of termination of the Agreement, etc.) by email to the email address of the contact person set out in the last invoice issued by the Atomium Asbl, or in the absence of that, to the email address of the contact person set out in the offer, or in the absence of that, to an email address through which a party (or one of its representatives) has interacted in the context of the execution of the Agreement.

12.2.          To the extent necessary, the Customer acknowledges that the Atomium Asbl's invoice must be considered to have been sent to the Customer when it is communicated by email to the Customer.

13. Miscellaneous

13.1.          Any annex attached to the offer applies to the Agreement.

13.2.          Any dispute arising out of, or in connection with, the formation, interpretation, execution or termination of the Agreement will be settled in accordance with Belgian law and will be submitted to the exclusive jurisdiction of the competent court competent for the district where the Atomium Asbl's registered office is located, or, as the case may be, and at the option of the Customer, at the competent court of the Customer's place of residence.