GENERAL TERMS AND CONDITIONS WEBSHOP
1.IDENTITY OF THE OPERATOR – WEBSHOP
Identity: the seller and operator of this webshop is: 
BATTLEKART EUROPE NV (“BattleKart”), with registered office at Rue du Valemprez (D) 20 A, 7711 Mouscron, Belgium, registered in the Crossroads Bank of Enterprises under number 0525.657.054 (RLP Henegouwen, subsection Tournai). 
www.BattleKart.com
BattleKart operates leisure centres (in own operation or via franchisees) in which it offers its customers various video games whereby it combines karting with augmented and virtual reality.
With this webshop, BattleKart wants to sell (newly produced or secondhanded) spare parts in the fields of kart construction and special-purpose vehicle construction (hereinafter referred to as “Spare Products”) to its franchisees and other products related to merchandising (hereinafter referred to as “Merchandising Products”) to its customers (both consumers and businesses) in accordance with the conditions set out below. 
The Spare Products and the Merchandising Products are together referred to as the “Products”.
2.GENERAL – SCOPE OF APPLICATION
The general terms and conditions of sale (“GTCS”) communicated on the webshop are to be agreed explicitly prior to every purchase of a Product from the webshop and apply to every Product offered by BattleKart and purchased by the Customer. 
The GTCS thus apply to the sale of Spare Products to BattleKart’s franchisees, which are undertakings within the meaning of Art. I.8, 39° of the Code of Economic Law (“CEL”) who have concluded a franchising agreement with BattleKart (“Customer-Franchisee”) and to the sale of Merchandising Products to customers which are undertakings within the meaning of Art. I.8, 39° CEL (“Customer-Undertaking”) or a consumer (within the meaning of Art. I.1, 2° CEL) ("Customer-Consumer"). The Customer-Franchisee, Customer-Undertaking and Customer-Consumer are jointly referred to as “Customer”. 
Before a contract is concluded, the Customer is given the opportunity to read and expressly accept the contents of these GTCS. By simply checking "I declare that I have taken note of and accept the General Terms and Conditions" on the order placed by the Customer, the latter declares that they acknowledge and accept these General Terms and Conditions. The contents of these GTCS shall be transmitted to the Customer electronically. BattleKart shall ensure that these GTCS are readily available and that the Customer is given the opportunity to save them on a durable data carrier or that a copy can be sent at no additional cost. 

Acceptance of these GTCS, also implies that the Customer completely renounces the application of its own general (purchase) conditions. The latter only bind BattleKart when BattleKart has expressly accepted them in writing.

BattleKart may change the GTCS at any time, but the GTCS in force at the time of the visit to the webshop shall apply to that visit, or in the event of a purchase by the Customer, the GTCS in force at the time of the conclusion of a sales agreement between the Customer and BattleKart that govern their agreement.
BattleKart only sells Spare Products to Customer-Franchisees and not to Customer-Consumers or Customers-Undertakings who are not its franchisees. When purchasing Spare Products through this webshop, the Customer-Franchisee will therefore have to log in.
BattleKart sells Spare Products that are either newly produced or second handed (which will be indicated on the webshop) and are sold to BattleKart by a third party. BattleKart does not provide any services (such as installation, commissioning or integration in other products) with respect to the Spare Products. 
3.ORDERS
On the webshop, the Customer can order Products by, after choosing the Product(s) it wishes to order, clicking on the button “Order with obligation to pay”. The Customer’s order constitutes a binding offer. An order is only binding on the Customer, which means that a contract between BattleKart and the Customer is only established after BattleKart confirms this order in writing by e-mail. The absence of an ordinary signature shall not diminish the binding force of the offering and acceptance thereof.
BattleKart reserves the right to request additional information from the Customer before concluding (and thus confirming) the sales agreement, or to refuse to do so for valid reasons. Valid reasons include but are not limited to: (i) abnormally large orders, meaning quantities that do not correspond to normal consumer or business purchasing activity, (ii) orders made by minors, (iii) incomplete ordering procedures, (iv) problems with previous orders.
The GTCS and the confirmation e-mails are always drawn up in the language of the webshop.
The availability of every Product is indicated. BattleKart shall make every effort to communicate this information accurately, but it may be the case that a certain Product cannot be delivered at any given moment. This may be due to (involuntarily indicated) incorrect stock data or to suppliers who find themselves (temporarily or otherwise) in a situation where they can no longer make deliveries. In such cases, BattleKart's liability shall be limited to the amount already paid by the Customer and BattleKart shall make every effort to notify the Customer as soon as possible and propose a solution. If the parties do not agree on a possible solution or no solution is possible, the agreement shall be dissolved and the amount paid by the Customer shall be refunded in full by BattleKart, without BattleKart being liable for additional compensation. With regards to Spare Products, excess or short deliveries of up to 10% of the order quantity are customary in the industry and considered as correct fulfilment of the agreement by BattleKart. 
Patterns of the Spare Products are non-binding, they only define the general character of the Spare Products, but not their individual features. Future deviations from patterns are no grounds for complaint and do not represent any defect or non-conformity. 
Unless explicitly stated as binding, any information with regards to the Spare Products contained in documents (e.g. price lists, brochures), estimates, on data storage media or websites as well as all offer-related documents such as illustrations, descriptions, drawings, dimension and weight data and further specifications as well as DIN, VDE or other operational or inter-company standards and samples referred to, are only approximate indications. 
In the event of cancellation of an order, BattleKart shall have the option (without – with regard to the Customer-Consumer – affecting its right of withdrawal), either to allow the purchase to still go ahead, or to regard it as cancelled and to demand, by operation of law and without prior notice of default, a fixed (cancellation) compensation of thirty percent (30%) of the price of the order, without prejudice to the right to claim a higher amount if the actual loss of profit suffered is higher. With regard to the Customer-Consumer, the same rule applies, except that the fixed fee is ten percent (10 %), and there can only be a cancellation of this order after his right of withdrawal has expired. 
4.INSTRUCTIONS 
The Customer will - if applicable - always comply with the instructions, brochures or instructions for use of the Products communicated by BattleKart. BattleKart explicitly warns against any use or treatment of the Products beyond the defined scope of application. In no event does this statement involve a declaration the part of BattleKart that these instructions are exhaustive. 
Regarding the Spare Products, these are purchased by BattleKart from third parties and the Customer-Franchisee will also have to comply with the technical instructions, brochures or instructions for use of this third party.
Failure to comply with this article, shall result in BattleKart not providing a warranty for hidden defects. Towards the Customer-Consumer, this rule does not apply, unless BattleKart proves to the Customer-consumer that the hidden defect was not present at the time of delivery.
Sale, resale and distribution of the Spare Products as any technology or documentation connected thereto may be subject to export control laws of the state of the registered seat of the Customer-Franchisee. Resale to embargoed countries and/or blocked persons and/or persons who use or might use Spare Products as any technology or documentation connected thereto for military purposes, weapons of mass destruction or nuclear technology is prohibited. By submitting the order, the Customer-Franchisee declares conformity to any and all export laws and regulations applicable and ensures that the deliveries will neither directly nor indirectly be brought into countries that prohibit or limit the import of the Spare Products. The Customer-Franchisee declares to own all approvals required for the export and/or import of the Spare Products.
5.DELIVERY
All Products shall be delivered by BattleKart to the address provided by the Customer at the time of the online order and in accordance with the modalities specified therein. Only one delivery address can be given per order. The Customer is bound by the information it provided when the order was placed. BattleKart cannot be held liable for the consequences of incorrectly communicated information. The shipping costs shall be communicated to the Customer before it places the order.
Delivery times towards the Customer-Undertakings and the Customer-Franchisee are given for information purposes only and are not binding on BattleKart. Delays give no right to compensation nor to cancellation of the order. On expiry of the indicative period, the Customer-Undertaking / the Customer-Franchisee may give BattleKart notice to deliver the Merchandising Products / Spare Products within a period equal to the original indicative delivery period. If BattleKart then still fails to deliver, the order may be cancelled, without any compensation being due. However, such notice of default is without effect if the expiry of the indicative period is the result of an act or omission by a third party (such as a supplier of BattleKart). The Customer-Undertaking and Customer-Franchisee expressly understand that BattleKart cannot be liable for any late delivery and thus does not commit a contractual breach if late delivery is the consequence of a late, incorrect or non-delivery of the suppliers (or their suppliers) of BattleKart. 
If no delivery time towards the Customer-Undertaking and the Customer-Franchisee is given, the Merchandising Products / Spare Products will be delivered within eight (8) weeks, which is again an indicative term. 
BattleKart shall execute accepted orders with the Customer-Consumer as fast as possible but no later than 30 days, unless a different delivery period has been agreed upon with the Customer-Consumer. If the delivery is delayed, or if an order cannot be executed or only partially executed, the Customer-Consumer will be informed accordingly within 30 days after they have placed the order, and has the right to cancel the order.
The risk related to the Spare Products or the Merchandising Products transfers to Customer-Franchisees or Customer-Undertakings from the moment the Products are delivered or should be delivered but where delivery was impossible due to the Customer-Undertaking / Customer-Franchisee. The risk related to the Merchandising Products, shall pass to the Customer-Consumer as soon as they or a third party designated by them, who is not the carrier, has taken physical possession of the Merchandising Products.
Packaging of the Products will take place at BattleKart’s discretion unless the type of packaging is stipulated by the Customer. The packaging costs will be indicated when the Customer finishes his order.
Upon request of the Customer, BattleKart will insure the shipment against all insurable risks. However, these costs are to be borne by the Customer.
6.PRICE AND PAYMENT

6.1Price
The prices stated on the webshop are inclusive of VAT and exclusive of packaging and shipping costs. Prices are always quoted in euros. Other taxes or levies, of whatever nature, levied on the price or Products, as well as delivery and insurance costs, as the case may be, must be paid separately by the Customer. These costs, where appropriate, shall be indicated separately no later than at the time of ordering.
In the event of excess or short deliveries of Spare Products, the actually delivered amount will be charged. If the Customer-Franchisee has already paid a higher amount (following the order conformation), BattleKart will provide a credit note. 
The prices of the Products will (even after the conclusion of an agreement with the Customer) be revised based on an increase of the parameters that represent a real cost in the price (such as but not limited to, the price of raw materials, energy, and utilities, labor costs, etc.). As a result, the part of the price representing the aforementioned costs shall be increased by the same amount, up to a maximum of eighty percent (80%) of the total price. BattleKart can revise the prices multiple times up to the delivery of the Products in accordance with this clause, as long as the price adjustment is limited to the maximum of eighty percent (80%) of the initial price.
BattleKart has the right to (even after the conclusion of an agreement with the Customer-Franchisee) alter the prices for the Spare Products if the manufacturer or the seller of the Spare Products alters their prices, with the same amount. 
6.2Payment 

6.2.1Payment for the Merchandising Products by the Customer-Consumer and the Customer-Undertaking
Payment for the Merchandising Products are made by the payment methods provided by the webshop (visa / Bank card / Maestro / Bancontact) and takes places immediately at the placement of an order. 
If, for whatever reason, a payment is subsequently cancelled before delivery has taken place, BattleKart shall have the option of allowing the purchase to proceed, without prejudice to the Customer-Consumer's existing right of withdrawal, or to regard it as cancelled by the Customer-Undertaking or Customer-Franchisee. In any case, every order will only be fulfilled after valid and complete payment has been received.
 
In the event of partial payment, BattleKart reserves the right to either (i) suspend delivery until the Customer has made full payment or (ii) consider the order as cancelled by the Customer-Undertaking / Customer-Consumer.
Ownership of the Merchandising Products shall pass to the Customer-Undertaking from the time of delivery and to the Customer-Consumer as soon as they or a third party designated by them, who is not the carrier, has taken physical possession of the Merchandising Products. 
6.2.2Payment for the Spare Products by the Customer-Franchisee
Payment for the Spare Products by the Customer-Franchisee takes place fifteen (15) days after conclusion of the agreement by SEPA transfer on the following International Bank account Number (“IBAN”) BE32001739792202. Payment can also - if BattleKart indicates that this option is available and wishes to use this method - be made via SEPA mandates. In that case, BattleKart will transfer the relevant documents the Customer-Franchisee needs to transfer vis-à-vis its bank. The Customer-Franchisee is then responsible for taking the necessary steps so that payment can be made.
Any amount that remains unpaid on the due date will, by law and without prior notice of default, be subject to interest equal to the legal interest rate (in accordance with the law of 2 Augustus 2002 combating late payment in commercial transactions) increased with two (2) percent per year. In addition, in the aforementioned case, a lump sum compensation for extrajudicial costs of ten percent (10%) of the outstanding (total) amount with a minimum of two hundred and fifty euros (250 EUR) shall be due immediately and without prior notice of default by BattleKart, even if a grace period has been granted and without prejudice to the BattleKart’s right to claim higher compensation if its actual damage suffered is higher. Failure to pay in time, entitles BattleKart to cancel or suspend any further delivery to the Customer-Franchisee, regardless of whether such suspension relates to the order that was paid late by the Customer-Franchisee. 
Set-off by the Customer-Franchisee is (unless the right on the basis of which the Customer-Franchisee wishes to do so is not disputed by BattleKart) expressly excluded. BattleKart is entitled to set off all claims against the Customer-Franchisee against any outstanding debts of the Customer-Franchisee, regardless of their nature and whether such debts are certain, due, or accrued. This provision and this possibility are also valid and enforceable in case of insolvency, dissolution, judicial reorganization, or bankruptcy of the Customer-Franchisee.
If at anytime it becomes clear that the Customer-Franchisee will not be able to fulfil its contractual obligations and the Spare Products are to be delivered before payment is due, BattleKart may by – without the consequences of that non-performance having to be sufficiently serious for BattleKart – suspend delivery of the Spare Products. 
The contract concluded between BattleKart and the Customer-Franchisee is dissolved automatically when the Customer-Franchisee files for bankruptcy, is declared bankrupt, enters into liquidation (whether compulsory or voluntary) or has requested the opening of legal reorganization proceedings or similar proceedings within the limits provided for by the insolvency law of the state where its seat is, or is dissolved.
The Customer-Franchisee expressly acknowledges that - in view of the fact that BattleKart does not produce the Spare Products itself, but purchases them from third parties – these Spare Products may still be the property of this third party, regarding a retention of title in the agreement that BattleKart has with this third party. This retention of title and its consequences apply to the Customer-Franchisee, meaning that in the event of third-party compulsory execution proceedings involving the Spare Products subject to reservation of title, the Customer-Franchisee is obliged to inform BattleKart immediately and provide BattleKart with the documents required for intervention. This also applies to any other types of impairment. Regardless of this, the Customer-Franchisee has to inform such third parties in advance about the rights relating to the Spare Products. The Customer-Franchisee bears the costs for the intervention. If the Spare Products are processed, transformed or combined with other items, the ownership of said items transfers to BattleKart’s counterparty which still has a valid retention of title, if the ownership of the Spare Products still lies with said counterparty. 
Notwithstanding the previous provision, if BattleKart owns the Spare Products, they will remain the property of BattleKart anyway until full payment of the principal, interest, costs and possible damage compensation. Until the moment of full payment, the Customer-Franchisee shall not resell or use the Spare Products as security. Furthermore, if the Customer-Franchisee wants to resell or lease the Spare Products, the Customer-Franchisee assigns all claims as security against its counterparty to BattleKart until the complete settlement of BattleKart’s claims. If the Spare Products are processed, transformed or combined with other items, the ownership of said items transfers to BattleKart. Any acts contrary to this article, shall not be opposable to BattleKart. If, notwithstanding this article, the Customer-Franchisee resells the Spare Products and BattleKart cannot revindicate these Spare Products, the retention of title shall pass to the resale price. 
7.RIGHT OF WITHDRAWAL 
For all Merchandising Products purchased from BattleKart's webshop, the Customer-Consumer has a right of withdrawal during a period of 14 calendar days, without them having to give reasons. This period commences from the moment the Customer-Consumer or a third party designated by the Customer-Consumer, other than the carrier takes possession of the Merchandising Products. During the withdrawal period, the Customer-Consumer must handle the Merchandising Product and its original packaging with care. The Customer-Consumer must ensure that the Merchandising Product remains in its original condition and shall only unpack or use it to the extent necessary to determine the nature, characteristics and functioning of the Merchandising Product.
The Customer-Consumer can exercise their right of withdrawal by either (i) completing and sending in the template withdrawal form or (ii) by addressing another unequivocal statement to BattleKart in which the Customer-Consumer declares to exercise the right of withdrawal.
If the Customer-Consumer uses the second option, a notice prior to the return of the order will be sent to the e-mailadress or to the postal address stated in article 1. This message contains the following information:
-Notification that the Customer-Consumer wishes to withdraw from the agreement,
-Contact details of the Customer-Consumer, 
-Article description,
-Order and receipt date,
-Order number,
-Shipment date 
The withdrawal form can be found below: 
https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf
https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
If the Customer-Consumer cannot complete the model form, as he is not proficient in Dutch or French, the agreement can still be revoked by BattleKart issuing another unambiguous statement in which he declares that he revokes the agreement. 
BattleKart shall confirm receipt of the exercise of the right of withdrawal on a durable data carrier as rapidly as possible.
In order to comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Purchased Merchandising Products that are returned without prior notification do not count as valid exercise of the right of withdrawal. 
There are no additional costs associated with exercising the right of withdrawal and no reasons need to be given. The costs for returning the purchased Merchandising Products shall be borne by the Customer-Consumer. The Customer-Consumer shall return the purchased Merchandising Products in their original packaging and all accessories to BattleKart at the address stated in Article 1 within a period of 14 calendar days after they have validly informed BattleKart that they wish to exercise their right of withdrawal. The shipping date serves as a verification. 
Payments already received by BattleKart shall be repaid in full upon receipt of the purchased Merchandising Products or upon the Customer-Consumer demonstrating that it has returned the purchased Merchandising Products, whichever event occurs first. The Customer-Consumer shall only be liable for any reduction in value resulting from handling the purchased Merchandising Products which goes beyond what was necessary to establish the nature, characteristics and functioning thereof. BattleKart reserves the right, upon receipt of damaged or incomplete purchased Merchandising Products, not to refund the reduction in value.
There is no right of withdrawal for Merchandising Products made to the Customer-Consumer’s specifications. 
8.WARRANTY 

8.1With regard to the Customer-Consumer
Every Merchandising Product is covered by a statutory warranty as provided for in article 1649quater of the old Civil Code, for a period of two (2) years. This period shall commence the day after delivery to the delivery address as provided by the Customer-Consumer. The Customer-Consumer, when invoking the statutory warranty, shall promptly transfer the sales receipt or any other proof of payment to BattleKart.
Upon receipt of the Merchandising Products, the Customer-Consumer is deemed to proceed within a reasonable period of time to verify whether the products have a non-conformity/visible defect. The Customer-Consumer must then report these defects in writing to BattleKart within two months of identifying the non-conformity. 
A hidden defect in the product must be reported by the Customer-Consumer to BattleKart within two months of identifying such defect. In this e-mail, the Customer-Consumer must include their contact details as well as a description of the defect, accompanying pictures, the order number and a scan of the delivery note. 
For obvious reasons, wear and tear due to ordinary or abnormal use of the Merchandising Product does not qualify as a hidden defect and BattleKart can never be held liable vis-à-vis the Customer-Consumer in such cases.
If the product is defective in accordance with Article 1649quater of the old Civil Code and falls under warranty, the Customer-Consumer shall have the choice between either repair or replacement of the Merchandising Product in question free of charge, unless the aforementioned repair or replacement would be impossible or disproportionate. 
If free repair or free replacement is impossible or disproportionate, or if BattleKart has not made the repair or replacement within a reasonable time or without serious inconvenience to the Customer-Consumer, the Customer-Consumer shall be entitled to request an appropriate price reduction or the termination of the agreement. For minor defects, only a price reduction is possible.
8.2With regards to the Customer-Undertaking
Upon delivery, the Customer-Undertaking shall verify whether the delivered Merchandising Products have visible damage or defects. Any complaint for visible defects, missing goods or non-conforming delivery must be communicated to BattleKart within three (3) calendar days of delivery of the Merchandising Products, but in any case before they are used, processed, (re)sold, with reference to the invoice number or delivery note. This notification must include photographs that provide unmistakable evidence of the visible defects and/or non-conformity. 
Upon expiration of this period, the Merchandising Products shall be considered as accepted without reservation. Complaints submitted late shall be inadmissible. Any complaints do not suspend the payment obligation on the part of the Customer-Undertaking. Merchandising Products can only be returned with the prior written confirmation of BattleKart. Only Merchandising Products in good condition and in their original packaging can be returned. This consent can in no way be regarded as an acknowledgement of liability on the part of BattleKart. The costs and risks of/for a return are at the expense of the Customer-Undertaking.
All complaints for hidden defects that are not the result of force majeure, incorrect intervention by the Customer-Undertaking, by third parties or normal wear and tear must be reported to BattleKart under penalty of inadmissibility within five (5) days of the discovery of the defect and in any case within three (3) months of the delivery of the Merchandising Products. This notification must contain a detailed description of the hidden defects and must contain proof that the hidden defect was moreover, not caused by the Customer-Undertaking itself and was therefore already present when the Merchandising Products were delivered. In addition, a Customer-Undertaking must bring an action in court within one week after BattleKart disputes that there is a hidden defect or that it cannot be responsible for it (in the absence of proof or if the defect was caused by the Customer-Undertaking), under penalty of forfeiture of rights. If the Customer-Undertaking processes or (re)sells the Merchandising Products, it shall forfeit the right to report a complaint on account of (visible / hidden) defects and/or a non-conformity. BattleKart’s warranty for (visible / hidden) defects consists solely of the replacement or repair of the delivered Merchandising Product, to be decided at BattleKart’s discretion. Furthermore, there will be no warranty for hidden defects, if the Customer-Undertaking uses the Merchandising Products in an abnormal manner.
8.3With regards to the Customer-Franchisee
The rules applicable in terms of conformity and warranty to the contracts of sale of Merchandising Products to Customer-Undertakings also apply to contracts of sale of Spare Products to the Customer-Franchisee, taking into account the additions and possible derogations included in this article.
BattleKart’s warranty is limited to the replacement of the Spare Product. In no event does BattleKart provide any labour with regards to the installation of Spare Products.
There will be no warranty:
-If the Customer-Franchisee does not report a hidden defect to BattleKart within five (5) days after the discovery of the defect and in any case within one (1) year after the delivery of the Spare Products,
-If the defect results partially or fully from improper handling, improper use, improper storage or non-observance of the instructions given by the manufacturer or other instructions for the Spare Products delivered to the Customer-Franchisee,
-If the Customer-Franchisee has not complied or does not provide proof to have complied with instructions or technical documentations / specifications applicable for the use and maintenance of the Spare Products, 
-If the hidden defect is caused by a lack of maintenance,
-If the hidden defect is caused by abnormal use by the Customer-Franchisee or a third party (such as a customer of the Customer-Franchisee),
-For second-handed Spare Products (indicated by BattleKart on the webshop). 
It is up to the Customer-Franchisee to prove the existence of a hidden defect already present at the time of delivery of the product, failing which there is a (rebuttable) presumption that this defect was caused by the Customer-Franchisee / or a third party.
9.LIABILITY
Except for the statutory liability for death and physical injury, BattleKart (including its agents or employees) shall only be liable for the damage caused by its wilful misconduct or deceit as well as for, except in the case of Force Majeure (see article 11), the non-performance of an obligation that constitutes one of the main components of the agreement. BattleKart is not liable for any other shortcomings.
If BattleKart is liable vis-à-vis the Customer, such liability shall, except in the case of statutory product liability vis-à-vis the Customer-Consumer, be limited to the amount equal to the invoice value in respect of the purchased Product which has caused the damage. BattleKart shall, except in the case of wilful misconduct or deceit, never be liable for any form of intangible, indirect, or consequential damages, including, but not limited to, lost profits, lost sales, lost revenues, lost production or production downtime, administrative or personnel costs, an increase in overhead, lost opportunities, loss of clientele (in the case of sales to a Customer-Undertaking or a Customer-Franchisee), loss of use, or any third party claims. The limitations of liability in this article shall also apply in the event of gross negligence on the part of BattleKart towards the Customer.
Unless expressly agreed otherwise between the parties, BattleKart shall not be deemed to have knowledge of, or to have taken account of, any unusual specific application made by the Customer of the purchased Products, and consequently BattleKart cannot be held liable in such cases. The Customer is solely liable for any non-standard use it makes of the purchased Products and/or the purposes for which it uses these Products. Nor shall BattleKart be liable for any damage resulting from attempts to modify purchased Products or if the Customer has used components that do not meet the parameters as envisaged by BattleKart. 
10.TERMINATION 
BattleKart has the right to terminate the agreement with the Customer-Undertaking / Customer-Franchisee if said Customer-Undertaking / Customer-Franchisee breaches one of its contractual obligations (e.g. payment, delivery). In this case, BattleKart may claim compensation of ten percent (10%) of the price of the order, without prejudice to its right to recover actual damages.
11.FORCE MAJEURE / HARDSHIP
BattleKart shall not be liable for delays in performance or failure to perform its obligations due to force majeure. Force majeure is any event which, beyond the control of BattleKart, could not be foreseen or prevented and which causes a (temporary) impossibility of performance of the agreement or any part thereof within the limits of economic profitability or which makes the performance of the agreement unreasonably difficult or creates an apparent imbalance in the contractual relationship between BattleKart and the Customer, including, but not limited to, war, insurrection, general mobilisation, partial or general strike, operational accidents, fire, weather delays, machinery breakdowns, bankruptcy or failures and delays of suppliers or any other contracting party of BattleKart, restrictions on energy supply, lack of raw materials, epidemics and pandemics (including any resulting governmental measures), etc. The delivery terms will – in an event of force majeure – be automatically extended in accordance with the duration of the event of force majeure. 
If the situation of force majeure persists for more than eight (8) weeks, both BattleKart and the Customer may dissolve the agreement free of charge upon written notification, without BattleKart or the Customer being liable to pay any compensation to each other.
12.CONFIDENTIALITY
Insofar as and to the extent that not generally known to the public, any commercial or technical information provided by BattleKart with regards to the Spare Products (including features relevant to objects possibly handed over as well as other knowledge or experience) must not be disclosed to third parties. Within the own company of the Customer-Franchisee, it may only be provided to those persons who need to be consulted for the use of such information and who are also obliged to confidentiality. This information remains the exclusive property BattleKart or of the third party that sells the Spare Products.
Such confidential information must not be reproduced or used for commercial purposes without our prior written consent.
Upon request, the entire information provided by BattleKart (including any copies or records) as well as all loaned objects have to be returned to BattleKart immediately and completely or to be destroyed unless they are essential for the Customer-Franchisees business operations, which must be proven by the Customer-Franchisees on demand.
13.COPYRIGHT
This webshop and its associated online & social media channels enjoy copyright protection. All logos, drawings, data, product or company names, images, text and video content on the website and webshop or its online & social media channels are the property of BattleKart. This content cannot be used in any way without written permission from BattleKart Should a Customer or a visitor to the webshop wish to use a photo or video, BattleKart must first be contacted at info@BattleKart.com
BattleKart reserves all rights to estimates, drawings, plans and other documents as well as other tangible and intangible information, including in electronic form (including copyrights and the right to register industrial property rights such as patents, registered designs, semiconductor chip protection, etc.). This information may only be made available to third parties only with BattleKart’s written consent. 
Because the Spare Products are manufactured for or sold to BattleKart by a third party, BattleKart shall not be held liable, for any claim by the Customer-Franchisee in this regard or by a third party against the Customer-Franchisee regarding an infringement of an intellectual property right relating to the Spare Products, whether the infringement was caused by mere resale to, use thereof by or incorporation into other items by the Customer-Franchisee. 
If the Customer-Franchisee is aware or suspects that an intellectual property right relating to the Spare Products is being infringed, he shall immediately notify BattleKart.
14.INFORMATION
Information, images, oral communications, statements, etc. relating to all offers and the main characteristics of the products are provided (in whatever format) as accurately as possible. 
BattleKart is not liable for the non-functioning or inadequate functioning of the website, the telecommunications infrastructure and/or other errors in communication or possible consequences thereof. The content of the BattleKart website as well as the content of all other BattleKart communications on the Internet have been put together with the utmost care. However, BattleKart cannot give any guarantees as to the nature, accuracy or content of this information. BattleKart cannot therefore be held liable for errors, inaccuracies, misunderstandings, delays or unclear delivery of orders and messages resulting from the use of the internet or any other (electronic) means of communication in the traffic between the Customer and BattleKart, or for the consequences of using the information in question. BattleKart shall not be liable for any advice or answers to questions it provides, except in the case of wilful misconduct or gross negligence. 
BattleKart may include on its website links to other websites that may be of interest or informative to visitors. Such links are purely informational. BattleKart is not responsible for and shall not be bound by the content of the referenced website or use thereof.
If the Customer wishes to lodge a complaint regarding BattleKart's Products, they can contact BattleKart on the (e-mail)address mentioned in article 1. 
15.PERSONAL DATA
It is mandatory to collect personal data for the purpose of sales or distance selling. This data is essential for the processing and shipment of orders. BattleKart receives personal data from the Customer and undertakes to use it only for the performance of the contract or to comply with legal obligations.
The Customer acknowledges and accepts that BattleKart will process this personal data as a controller in accordance with its privacy policy (https://www.BattleKart.com/en/privacy-policy/ ) and General Data Protection Regulation 2016/679 ("GDPR") and the Law of 30 July 2018 (Law on the protection of natural persons with regard to the processing of personal data). Among other things, this means that BattleKart will handle this personal data in the strictest confidence and will only pass it on to third parties in exceptional circumstances. 
According to the GDPR, the Customer always has the right to access, copy, object to processing, restriction of processing, data portability, withdrawal of consent, erasure, correction and addition of personal data. The Customer may exercise these rights by contacting BattleKart.
16.INDIVISIBILITY
If one or more of the clauses in these GTCS are declared invalid, such invalidity shall in no way affect the other provisions of the GTCS or the agreement as a whole, and the GTCS shall continue to apply with the exception of the null and void, invalid or unenforceable provision or part of a provision. In such cases, BattleKart and the Customer shall negotiate in good faith with a view to replacing the conflicting or unenforceable provision with a legally valid and enforceable provision which comes as close as possible to the purpose and spirit of the original provision.
17.APPLICABLE LAW AND COMPETENT COURT
For all disputes relating to an order, order confirmation from, and agreement between, BattleKart and the Customer, the courts of the judicial district of Hainaut, subsection Tournai, shall have exclusive jurisdiction, on the understanding that the Customer-Consumer shall always have the option of bringing the matter before courts other than those stated in this article. 
If the Customer resides and / or has its registered seat outside of the European Union, parties shall attempt settle amicably all disputes or controversies which may arise between the parties. If no such settlement can be reached, any disputes between the parties will be finally settled under the International Rules of Arbitration from the International Chambre of Commerce of January 1, 2021. The arbitral tribunal shall be composed of one arbitrator. The seat of arbitration shall be Brussels and the language in which the arbitration shall be conducted will be English.
All relations between BattleKart and the Customer are subject to Belgian law, (without prejudice to the Customer-Consumer's protection under provisions that cannot be derogated from by contract under the law that would have been applicable in the absence of choice of law between the parties) to the exclusion of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods and the Convention of 14 June 1974 on the Limitation Period in the International Sale of Goods. 
18.ALTERNATIVE DISPUTE RESOLUTION
The Customer-Consumer also always has the possibility of filing a complaint online through the European Commission's online dispute resolution platform at this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show 
These General Terms and Conditions have been drawn up by BattleKart and were last amended on 6/2/2023.