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Terms and conditions

General sales and rental conditions Mejora/HH-Altitudetent/Altitude Spaces

1) General provisions for all PRODUCTS

Article1: In these general terms and conditions the following definitions apply:
‘MEJORA’: MEJORA BV, with registered office at 9810 Nazareth, Heerweg 43, KBO 0664.871.652
‘CUSTOMER’: any natural person (B2C) or legal entity (B2B) who has or wishes to have a contractual relationship of any kind with MEJORA.
‘PRODUCTS’: the subject of one or more purchases or rental agreements regarding the items or services offered by MEJORA.

Article 2: By requesting a quote and/or placing an order, the CUSTOMER accepts these general terms and conditions, which always apply exclusively and remain to any possible agreement between MEJORA and the CUSTOMER. – or rental agreements regarding the items or services offered by MEJORA. These general terms and conditions may only be deviated from with the express written consent of MEJORA, in which case the other provisions of these terms and conditions will remain in full force. If both parties expressly indicate in writing a preference for a deviation from these conditions or a special agreement, these conditions will continue to apply at least in an additional manner. General terms and conditions or purchasing conditions used by the CUSTOMER are expressly excluded. MEJORA reserves the right to change and/or supplement the general terms and conditions at any time for future orders.

Article 3: MEJORA reserves the right to change and/or supplement the general terms and conditions at any time for future orders. Certain characteristics of a product, such as colour, size, and others, may differ from the photos upon delivery, as shown on the different carriers. MEJORA cannot be held liable for any deviations.

Article 4: A quotation made on request is valid for one month, unless otherwise agreed. All prices are expressed in euros and unless expressly stated otherwise include VAT. Any additional costs not related to the PRODUCTS themselves (e.g. costs of transport, installation, …) are stated separately in the quotation. The prices stated in the quotation are indicative prices, which implies that MEJORA is entitled, in the event of unforeseen circumstances beyond its control, to make changes to the agreed price, but after prior written notice to the CUSTOMER.

Article 5: MEJORA and the CUSTOMER expressly agree that an agreement can be concluded by simple acceptance of an order or quotation, even without the necessary presence of an ordinary, digital or electronic qualified signature. The existence of an agreement between can also be evident from the execution that MEJORA has given to it. MEJORA reserves the right to carry out more work than stated in the quotation and to charge the CUSTOMER, if this work is necessary and/or in the interest of the CUSTOMER and/or the proper execution of the assignment. The CUSTOMER will be informed within a reasonable time of the performance of this additional work. The (cost of) additional work is presumed to have been accepted as soon as it is carried out.

The CUSTOMER who still wishes to cancel his order after conclusion of the agreement must do so by registered mail within 8 days of signing the order form/acceptance of the quotation. The CUSTOMER can only cancel the agreement as long as MEJORA has not yet concretely implemented the agreement. In that case, the CUSTOMER is liable for liquidated damages amounting to 15% of the value of the order. Afterwards, the CUSTOMER can still cancel the agreement, but must compensate both the full direct and indirect damage.

Article 6: If MEJORA, due to force majeure, is unable to execute the agreement or force majeure makes its execution unreasonably more difficult, it has the right to terminate the agreement by simple written notification to the CUSTOMER, without owing any compensation. Conventionally considered cases of force majeure include: war, natural circumstances, epidemic or pandemic, strike or lockout, fire, flood, seizure, embargo, shortage of means of transport, general scarcity of raw materials or goods on the market, restrictions on energy consumption , government decisions or interventions (including the refusal or cancellation of a permit or license), fuel shortages and errors or delays attributable to third parties, regardless of whether the force majeure occurs at MEJORA or one of its suppliers. In the event of force majeure, the CUSTOMER has the same right of termination, on the understanding that the customer is obliged to compensate the services already performed and costs incurred.

Article 7: Orders are processed depending on available stocks and/or delivery times of external suppliers. The delivery times are agreed during the ordering process, but are always a minimum of 8 weeks. Any agreed delivery times always constitute an obligation of best efforts and not an obligation of results. These delivery times start from the date of delivery stated on the order form. Delays in the CUSTOMER’s payment obligations will extend the delivery period proportionately. The delivery times may also be extended if MEJORA encounters difficulties during the execution of the agreement that are not attributable to it or could not have been foreseen, even if they existed before the conclusion of the agreement, and which significantly increase the burden. Reasonable delay in delivery or delay due to the circumstances outlined above cannot give rise to any fine, compensation, termination of the agreement to the detriment of MEJORA or refusal to accept the product by the CUSTOMER.

Article 8: Invoicing to the CUSTOMER and payment by the CUSTOMER of the amounts due will be done as follows: 50% upon signing or acceptance of the quotation, 35% no later than 7 days before delivery and/or commissioning of the PRODUCTS, 15% on the day of delivery and commissioning. MEJORA reserves the right to postpone delivery and/or suspend commissioning if the final installment of 15% has not been paid upon delivery or commissioning and/or no proof of payment can be shown.

MEJORA invoices are payable in cash. The sending of the invoice serves as a reminder for payment. In the event of non-payment on the due date of the invoice, MEJORA will send the CUSTOMER a first and only free reminder on which no interest and/or damages will be charged. If the invoice is not paid within 14 days after sending this reminder, late payment interest will be due on the invoice amount as determined on the basis of the law on combating late payment in commercial transactions. This interest rate will also be applied if the CUSTOMER is not a trader. In addition, from the expiry of the before mentioned period of 14 days, a lump sum compensation is due as compensation, the amount of which depends on the identity of the CUSTOMER. If the CUSTOMER is an entrepreneur, the damages clause is 10% of the invoice amount (with a minimum of €75). If the CUSTOMER is a private individual, the damages clause amounts to €20 if the invoice amount is less than €150, €30 plus 10% of the invoice amount if the invoice amount is between €150.01 and €500 and €65 plus 5% of the invoice amount on the bracket above €500 with a maximum of €2000.

Non-payment of one or more invoices on the due date will make the balance due under all other invoices, regardless of their due date, even if they are not due, immediately due and payable in full by operation of law and without prior notice of default. In the event of non-payment of the invoice, MEJORA reserves the right to suspend the execution of the obligations under all current agreements.

In the event of permanent default by the CUSTOMER, MEJORA also has the right to terminate any order or current agreement without judicial authorization, after prior notice of default from the CUSTOMER. The same right applies to the CUSTOMER if MEJORA, after prior notice of default, remains permanently in default to deliver the ordered materials or to carry out the work.

Article 9: MEJORA expressly reserves the right of ownership of the PRODUCTS until full payment of the principal amount of invoices, interest, costs, damages and taxes. The retention of title applies even if the materials have already become immovable through incorporation. However, the parties acknowledge that the risk of loss, damage or destruction of the PRODUCTS passes to the CUSTOMER from the moment of delivery to the CUSTOMER. The CUSTOMER is considered to take out the necessary insurance to cover these risks from the moment of delivery until the moment of full transfer of ownership.

Article 10: MEJORA ensures that the PRODUCTS meet the specifications as stated in the quotation and that they are delivered and put into service according to the rules of the art. MEJORA’s obligations are best-effort obligations and not results obligations. MEJORA assumes at the outset that the space in which the PRODUCTS are delivered is suitable for this purpose. Any additional work or costs to make the space suitable will be charged as additional work on a cost-plus basis.

Article 11: After delivery and commissioning, the CUSTOMER must check the PRODUCTS for conformity with the order and/or for any defects or damage. Complaints relating to externally visible defects must be notified by the CUSTOMER in writing to MEJORA within fifteen (15) days after delivery and commissioning, under penalty of forfeiture. In the absence of notification, the PRODUCTS are deemed to have been accepted by the CUSTOMER. The putting into use of the PRODUCTS is also considered as acceptance thereof.

Complaints relating to a hidden defect must be notified in writing by the CUSTOMER to MEJORA, under penalty of forfeiture, within fifteen (15) days after discovery of the defect.

Article 12: The CUSTOMER formally confirms to MEJORA that there is no medical obstacle for the CUSTOMER to use the PRODUCTS and also confirms that the PRODUCTS will only be used by third parties who are medically suitable for this purpose. MEJORA is not liable to the CUSTOMER and/or third parties for any (consequential) damage resulting from the use of the PRODUCTS. The CUSTOMER also preserves MEJORA against any claims from third parties who have used the PRODUCTS with the CUSTOMER’s permission.

The CUSTOMER confirms that he has been informed by MEJORA that the PRODUCTS may produce a sound that may be considered uncomfortable or harmful by some. Producing a certain noise level is inherent to the PRODUCTS and can never be considered a defect and/or serve as grounds for claiming (damage) compensation. However, MEJORA guarantees that the noise level produced is within the legally permitted limits.

Article 13: The CUSTOMER undertakes the following obligations:

  • the CUSTOMER will pay for the PRODUCTS prior to delivery and commissioning;
  • the CUSTOMER uses the PRODUCTS with the necessary care and caution as required for all electrical appliances and in particular not to store the PRODUCTS in a closed cupboard and to use them in a sufficiently ventilated area;
  • the CUSTOMER will always carry out the installation of the PRODUCTS as stated in the manual;
  • the CUSTOMER must strictly comply with the maintenance instructions of the PRODUCTS as stated in the manual;
  • immediately report any defect to MEJORA, who will first judge whether or not a defect is covered by the warranty provisions

Article14: MEJORA provides a 2-year warranty from the date of delivery and commissioning for PRODUCTS purchased. However, this conventional warranty does not apply or is void in the following situations:

  • if it appears that the CUSTOMER has not complied with the maintenance instructions or the customer has used the PRODUCTS in a manner that is contrary to these conditions;
  • if it appears that the CUSTOMER himself has already carried out manipulations or repairs or had third parties carried out on the PRODUCTS;
  • cracks in the altitude tent due to use are excluded from the warranty;

Article 15: In the case of B2C agreements, the Code of economic law (Article VI 47 CEL) provides that the CUSTOMER can return the product within a period of 14 calendar days without any consequences in the sense of fines or giving reasons. This is called the right of withdrawal. The PRODUCTS sold or rented by MEJORA do not fall under this right of withdrawal because they were custom designed, manufactured or adapted according to the CUSTOMER’s specifications and/or have a clearly personal character. Pursuant to article VI.53 WER, these PRODUCTS do not count as a right of withdrawal. The CUSTOMER accepts that the PRODUCTS subject to this agreement fall under this exception.

Article 16: All intellectual property rights and derivative rights to the PRODUCTS are and remain the property of MEJORA, unless otherwise agreed in writing. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts. The CUSTOMER is prohibited from further exploiting or commercialising the PRODUCTS without prior written permission from MEJORA, under penalty of damages.

Article 17: MEJORA collects and processes the CUSTOMER’s personal/company data for the purpose of executing the agreement, customer management, purchases, accounting and direct marketing activities. The legal grounds are the execution of the agreement, the fulfillment of legal and regulatory obligations and/or the legitimate interest. These personal data will only be passed on to processors, recipients and/or third parties to the extent this is necessary in the context of the aforementioned processing purposes.

The CUSTOMER is responsible for the accuracy of the personal/company data that he provides to us and undertakes to comply with the General Data Protection Regulation with regard to the

persons whose personal data he has transferred to us, as well as with regard to any personal data he may receive from us and our employees.

The CUSTOMER has the right at all times to inspect the personal data that MEJORA processes, to rectify incorrect or incomplete data, to have his or her data deleted, to limit the processing of the personal data, to have his or her data transferred to another controller and the right to object to the processing of personal data.

Article 18: The invalidity or nullity of any clause of this agreement only extends to the clause in question and in no way results in the invalidity or nullity of the entire agreement.

Article 19: This agreement is exclusively governed by Belgian law and only the competent Court of First Instance in East Flanders, Ghent department, the Ghent Business Court, Ghent department or the Justice of the Peace of the canton of Merelbeke are competent to hear any disputes arising from this agreement. However, MEJORA reserves the right, at its sole discretion, to submit the dispute to the common law territorially competent court.

2) Special provisions regarding Altitude Spaces:

In addition to the before mentioned general provisions, the following special provisions apply to Altitude Spaces:

Article 20: The CUSTOMER confirms that he is aware that for optimal functioning:

  • the generator is best placed outside, with or without a casing;
  • drilling through the wall or roof may be necessary to connect the generator;
  • the room must be made completely airtight, which implies, among other things, that all ventilation ducts, lighting holes, etc. must be made airtight and that all windows must be sealed airtight with rubbers. These interventions may result in certain things no longer functioning or functioning properly, temporarily or otherwise;
  • the room must remain completely airtight, which implies for example, windows may not be opened during use;

These interventions are inherent to the proper functioning of Altitude Spaces and can cause consequential damage. MEJORA acknowledges its responsibility for direct damage caused by defects in the installation of Altitude Spaces, insofar as these defects are due to negligence or errors on the part of MEJORA or its subcontractors. However, MEJORA’s liability for such direct damage will be limited to the value of the agreement with the CUSTOMER. However, MEJORA is not responsible for indirect damage or consequential damage, unless this damage is the result of intent or gross negligence and for damage caused by the use of the PRODUCTS in a manner that does not correspond to the instructions or the intended use.

To the extent that the before mentioned interventions were not foreseen when the contract was concluded and/or prove necessary during installation and commissioning, they will be charged as additional work on a cost-plus basis.

3) Special provisions for rental:

In the event of rental of PRODUCTS, the following special provisions also apply:

Article 21: Delivery and collection of the rented PRODUCTS by MEJORA is included in the price or will be stated separately in the quotation.

Article 22: Unless otherwise agreed, the PROUCTS can be rented per week.

Article 23: Unless otherwise agreed, a deposit of €500 must be paid to MEJORA for each rental.

Article24: The CUSTOMER confirms that he has received the PRODUCTS in good working order. The CUSTOMER is prohibited from manipulating the rented PRODUCTS, having repairs carried out by third parties and/or affixing any sticker or mention on them. All repair and/or replacement costs are borne by the CUSTOMER.

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