Our terms and conditions are translated for informational purposes. Only our terms and conditions in French are legally binding.

Purpose and precedence

These general terms and conditions are intended to define the contractual relationship between the service provider and the client. They form an integral part of the contract.

They prevail over the client’s own general terms and conditions, which the client irrevocably waives the right to invoke. For matters not governed by these general terms and conditions, ordinary law shall apply, unless specific conditions are stated in the quotation or order form.

The client is deemed to have taken knowledge of the general terms and conditions prior to placing an order, to understand their language and to accept them without reservation.

Possibility of substitution or subcontracting

Depending on the nature of the services to be performed and the planning schedule, the service provider may substitute itself with another company within the group or resort to subcontracting.

The client irrevocably agrees to this possibility of substitution or subcontracting, which concerns only the actual performance of all or part of the services; the client waives the right to raise any objection in this regard.

Cancellations and postponements

Acceptance of the quotation by signature or any other means binds both the client and the provider.

If the requested deposit is not paid no later than 72 hours before the scheduled date of the service, the service will automatically be postponed, depending on availability. Any request by the client to postpone a service that has been ordered and scheduled for a specific date is subject to the express agreement of the service provider; if postponement is not possible within a reasonable time to be agreed between the parties, the order will be considered cancelled and the compensation provided for in the paragraph below shall be due.

Any cancellation by the client of an ordered service shall give rise to a cancellation fee equal to the deposit paid, or in the absence of a deposit, 50% of the amount of the cancelled service, which will be invoiced immediately. In the case of services billed on a time and materials basis, the provider will reasonably assess the time that should have been allocated, based on the information provided by the client and any other relevant elements.

The service provider may not cancel the ordered service; however, it may postpone it due to adverse weather conditions (heavy rain, wind, etc.) likely to endanger people’s safety or hinder the proper performance of the services, without any compensation being claimed against it. The client irrevocably waives any claim in this regard, the service provider being solely authorized to take such a decision.

Right of withdrawal

In accordance with the Code of Economic Law, the consumer has a right of withdrawal of 14 days for any contract concluded at a distance. However, if the service has begun with the client’s agreement before the expiry of this period, or if a vehicle has already been put into use by the client, this right of withdrawal is lost. The client expressly acknowledges being informed of this and accepting it at the time of ordering.

Responsibilities

Our staff takes the greatest care in transporting, delivering, storing and moving your goods. Should a problem nevertheless arise, we will immediately file a claim with the insurance company covering our professional and public liability. We will promptly provide you with its contact details and the claim reference for faster settlement.

If the damage occurs during the transport of goods involving an international element, only the CMR Convention shall apply to determine whether our liability is engaged and the amount of compensation. We are insured up to the values stated therein.

Our liability is in any case limited to the intervention of our insurer. Thus, we shall only cover direct damage, excluding any indirect loss. Compensation shall not exceed, except in the case of intentional fault by our employees, agents or subcontractors, the amount of €12,500.

The actual value of the goods (taking depreciation into account), and not their replacement value, will always be considered.

Key points to know

• Coverage in case of liability
  Our insurance only intervenes where our liability is established in the event of a claim.
• Limitation of compensation
  Compensation is calculated on the basis of legal or contractual criteria:
  – Transport: approx. EUR 10 per kilogram transported, in accordance with Article 23 of the CMR Convention.
  – Moving: approx. EUR 125 per cubic meter transported if we are affiliated with the Belgian Chamber of Movers. In other cases, the amounts depend on the general conditions approved by our insurer.

These limitations reflect common practices in our sector, designed to balance the risks related to transported goods, whose exact value we do not always know.

The client is always free to consider additional coverage

In order to guarantee full coverage of your goods, we recommend taking out additional “All Risks Except” insurance, which offers several advantages:

– Ad valorem coverage: goods are insured at their actual value, without limitation linked to weight or volume.
– Coverage without liability condition: your goods are protected even in the absence of fault on our part.

Lift rental service (except when used as part of a move)

In the case of lift rental with an operator, the operator remains at the base of the equipment; the client is solely responsible for loading/unloading on the lift platform and for any damage resulting from failure in this respect. The lift is checked prior to rental, and the client waives the right to rely on Article 6.16 of the Civil Code (liability for things).

Complaints

Upon completion of the move or delivery, the client must check whether any visible defects are present and whether no item is missing; failing this, the client is presumed to have recovered all goods in their original condition. Any other complaint regarding the services performed must be communicated to us in writing within a strict period of 3 days from the occurrence or discovery of the event giving rise to it.

Failing this, the client shall be deemed to have waived any claim, except in cases of force majeure to be demonstrated by the client.

Pricing

We are fully transparent about our prices, which are communicated to you at our offices, by email or by any other means. The price stated in the quotation has been calculated based on the information provided by the client, who is solely responsible for it. Any prior visit by one of our representatives does not affect this. Any difference observed compared to the actual situation on the day of our intervention will be reflected in the invoice, which the client must fully bear.

Thus, in the event of underestimation by the client of the size of the storage unit, the goods will be placed in an appropriate unit and the corresponding rate for the unit actually used will apply. Likewise, if boxes are not packed upon the movers’ arrival or if the helpers announced are not present for the entire duration of the move, the service will not be carried out at the proposed fixed price but will switch to time and materials billing at the rate applicable at the time of the service.

Payments

Unless otherwise stated, our invoices are payable in full upon receipt. Any invoice not paid on its due date shall automatically give rise to interest calculated at the legal rate if the client is a consumer, or at the rate provided for by the Law of 2 August 2002 if the client is a company.

The first reminder is free of charge. In accordance with Article XIX.2, §2 of the Code of Economic Law, no fees will be charged to the consumer for the first reminder relating to an unpaid invoice.

If the file is transferred to a bailiff for recovery, a fixed compensation may be claimed within the legal limits provided for in Article XIX.4 of the Code of Economic Law:

• 20 euros if the outstanding amount is less than or equal to 150 euros
• 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the outstanding amount is between 150.01 and 500 euros;
• 65 euros plus 5% of the amount due on the tranche exceeding 500 euros, with a maximum of 2,000 euros if the outstanding amount exceeds 500 euros.

If payment terms have been agreed with the client, failure to pay an instalment shall render the entire outstanding balance immediately due.

Invalidity

The nullity or invalidation of one article of the general terms and conditions shall in no way affect the validity or applicability of the other clauses.

Privacy

The personal data you provide to us are processed with the utmost care and discretion, in accordance with the legislation in force. These data will be stored on our servers and used to provide services related to our business, or for managing our relations with internet users and contacts. These data may also be used for marketing or prospecting purposes within the scope of our activities, unless you object.

You have the right to consult your personal data free of charge and to have them corrected without cost if they prove to be incorrect, incomplete or irrelevant. The data controller can be contacted at the following address: info@groupespiroux.com

Insurance

Basic package
Included in the amount of your quotation, the basic package insures your goods during transport up to €125 per m³ transported, in accordance with the Belgian Chamber of Movers convention.
This coverage includes a deductible of €250.

Comfort package
For a risk-free and stress-free move, we offer you the possibility to customize the coverage of your goods by choosing the amount to be covered through an “all risks” insurance subscription.
This option allows you to insure your goods at their actual value, thus offering optimal protection against any unforeseen event.
This coverage includes a deductible of €250.

Applicable law and competent courts
Only Belgian law is applicable.
In the event of a dispute, only the courts of the registered office shall have jurisdiction.