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GENERAL TERMS AND CONDITIONS ike uwa

E-mail: info@ikeuwa.be

Website: https://ikeuwa.be

1. ike uwa : ike uwa – healing power of nature, established in Boutersem, Belgium, Chamber of Commerce no. BE0685985384.
2. Customer: the party which ike uwa has entered into an agreement with.
3. Parties: ike uwa and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of ike uwa .
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by ike uwa are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. ike uwa is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The parties agree on a total price for a service provided by ike uwa . This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. ike uwa is entitled to deviate up to 10% of the target price.
5. If the target price exceeds 10%, ike uwa must let the customer know in due time why a higher price is justified.
6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
7. ike uwa has the right to adjust prices annually.
8. ike uwa will communicate price adjustments to the customer prior to the moment the price increase becomes

   effective.

9. The consumer has the right to terminate the contract with ike uwa if he does not agree with the price increase.

Payments and payment term

1. ike uwa may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 5 months, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without ike uwa having to send the customer a reminder or to put him in default.
4. ike uwa reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, ike uwa is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to ike uwa .
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, ike uwa may suspend its obligations until the customer has met his payment

   obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of ike uwa on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by ike uwa , he is still obliged to pay the agreed price to ike uwa .

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

The customer waives his right to settle any debt to ike uwa with any claim on ike uwa .

Insurance

1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft: goods delivered that are necessary for the execution of the underlying agreement goods being property of ike uwa that are present at the premises of the customer goods that have been delivered under retention of title
2. At the first request of ike uwa , the customer provides the policy for these insurances for inspection.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for ike uwa , not obligations of results.

Performance of the agreement

1. ike uwa executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. ike uwa has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that ike uwa can start the implementation of the agreement on time.
5. If the customer has not ensured that ike uwa can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

1. The customer shall make available to ike uwa all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, ike uwa will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by ike uwa and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Cancellation of the contract for an indefinite period of time

1. The customer is aware of the fact that there is no cancellation or termination possible and will thus not receive any refund.

Intellectual property

1. ike uwa retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from ike uwa , nor show them to third parties and / or make them available or use them in any other way.

Confidentiality

1. The client keeps any information he receives (in whatever form) from ike uwa confidential.
2. The same applies to all other information concerning ike uwa of which he knows or can reasonably suspect that it is

   secret or confidential, or of which it can expect that its disclosure may cause damage to ike uwa .

3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2

   secret.

4. The obligation of secrecy described in this article does not apply to information:

   which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
   which is made public by the customer due to a legal obligation

5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 11 years after the end thereof.

Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of ike uwa an immediately due and payable fine of € 10.000 if the customer is a consumer and € 50.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of ike uwa including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies ike uwa against all third-party claims that are related to the products and/or services supplied by ike uwa .

Complaints

1. The customer must examine a product or service provided by ike uwa as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the

   agreement, the customer must inform ike uwa of this as soon as possible, but in any case within 1 month after the

   discovery of the shortcomings.

3. Consumers must inform ike uwa of this within two months after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings, so that ike uwa is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to ike uwa being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to ike uwa in writing.
2. It is the responsibility of the customer that a notice of default actually reaches ike uwa (in time).

Joint and several Client liabilities

If ike uwa enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to ike uwa under that agreement.

Liability of ike uwa

1. ike uwa is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. ike uwa is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
3. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from ike uwa shall, in any case, expire within 1 month after the event from which the liability arises directly or indirectly.

Force majeure

1. A shortcoming of ike uwa in the fulfillment of any obligation to the customer cannot be attributed to ike uwa in any situation independent of the will of ike uwa , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from ike uwa .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which ike uwa cannot fulfill one or more obligations towards the customer, these obligations will be suspended until ike uwa can comply with it.
4. From the moment that a force majeure situation has lasted at least 120 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. ike uwa does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. ike uwa is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by ike uwa with the customer in advance as much as possible.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with ike uwa to third parties without the prior written consent of ike uwa.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what ike uwa had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Belgian law is exclusively applicable to all agreements between the parties.
2. The Belgian court in the district where ike uwa is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

   Drawn up on January 1 2023.