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"Agreement"
These Sales Terms, together with the Terms of Use of the Marketplace and the Privacy Policy.
"Airport"
Brussels Airport (IATA airport code: BRU).
"Airside"
The delivery area where the Orders can be picked up by Buyers, and which is only accessible by Buyers once they have gone through the security checks.
"BAC"
Brussels Airport Company, as identified under Article 2.
"Buyer"
Any person buying a Product through the Marketplace.
"Force Majeure"
Has the meaning ascribed to it in Article 8.2.1.a.i.14.4.
"Marketplace"
The online trading platform offered by BAC for the sale of goods and services. The Marketplace can be consulted through the following hyperlink: https://shop.brusselsairport.be.
"Order"
An order for Products submitted by the Buyer via the Marketplace to BAC and accepted by BAC by means of an Order Confirmation.
"Order Confirmation"
The e-mail received by the Buyer from BAC, as operator of the Marketplace, confirming the Order.
"Privacy Policy"
The Privacy Policy of BAC which can be consulted through the following hyperlink: https://shop.brusselsairport.be/en/privacy-policy.
"Product"
The Products offered for sale by BAC and for which BAC acts as a Seller. Products offered by BAC are clearly identified as such on the Marketplace and the Marketplace clearly indicates for which Products BAC acts as a Seller.
"Terms of Use of the Marketplace"
The Terms of Use of the Marketplace operated by BAC which can be consulted through the following hyperlink: https://shop.brusselsairport.be/en/terms-and-conditions.
"Withdrawal Period"
Has the meaning ascribed to it in Article 10.1.
Any capitalised term not defined herein shall have the meaning ascribed to in in the Terms of Use of the Marketplace or the Privacy Policy.
The Products to be delivered by BAC are the ones described in the Order Confirmation. However, on rare occasions, it may occur that the Products delivered are slightly different from the Products ordered. Such deviations may only concern non-essential characteristics of the ordered Products (e.g. notably the colour of packaging, the shape of a bottle of perfume).
BAC always describes its products in good faith, however, the images presented on the Marketplace have no contractual value. BAC shall not be held liable for any error contained in the Products' descriptions pertaining to non-substantial characteristics of the said Products. However, if such errors have been brought to its attention in writing, BAC is committed, to the extent possible and within its means, to correct these errors as soon as possible.
The Buyer understands that, once she/he has successfully ordered a Product through the Marketplace, she/he has entered into a legally binding sale agreement with BAC (the "Agreement").
However, on rare occasions it could happen that some Products are out of stock at the time of preparing an order for delivery. If the Product You ordered cannot be delivered due to stock shortages, You will be proactively informed thereof and You will be refunded for the missing Product.
Prices are indicated in EURO (€) and are VAT inclusive. However, if the Buyer has selected a flight destination, the amount of the charges for a Product will depend on the destination to which the Buyer will travel. For flights within the European Union, no import taxes will be charged. Consequently, when selecting for a flight within the European Union, only the rates applicable within the European Union will be charged, as clearly indicated on the Marketplace. BAC will not charge the Buyer with any additional costs for the processing of the payment transaction via the Marketplace.
Additional charges may be applicable for sending the Products back to BAC, as provided under Articles 9.1, 9.2 and 11.
BAC's obligation to deliver the Products is considered as fulfilled as soon as the Buyer has signed the delivery receipt presented by a member of the pick-up point staff. In order to collect the Order, the Buyer will be required to show to the pick-up point staff:
(i) a valid boarding pass (i.e. conform to the flight data provided when placing the Order on the Marketplace) or, as the case may be an Airport Identification Badge
and
(ii) upon request of the pick-up point staff, a copy (paper or electronic) of the Order Confirmation.
Once the delivery is accepted by the Buyer, the Buyer shall bear the risk of loss or deterioration and BAC shall not be held liable for any damage occurring after the delivery of the Products concerned.
If the Buyer does not present her-/himself at the pick-up point within the delivery period indicated in the Order Confirmation, the Agreement shall immediately and automatically be terminated and the price paid for the Products shall be reimbursed to the Buyer without undue delay and through the same means of payment as the Buyer used for the initial transaction.
When taking delivery of its Order, the Buyer has the duty to immediately check if the Products delivered are in conformity with the Products ordered. However, due to customs and security regulations, the Buyer shall abstain from opening the sealed plastic bag containing the Products until he has left the restricted zone at her/his destination airport.
If the Products delivered
(i) do not match with the Order,
(ii) are damaged, or
(iii) if Products are missing,
the Buyer must report it to the pick-up point staff member. In such cases, the pick up staff member can either cancel the order or fill in a claim – after due comparison with the Order Confirmation, the sales overview enclosed in the bag and the Products in the bag –, and Parties will act according to the relevant procedures described under Articles 9 and, if applicable, 11 of the present Sales Terms.
BAC will not be held liable for any inconvenience caused to the Buyer as a consequence of non-compliance with these safety and customs regulations.
This guarantee only covers conformity defaults (hidden defects) which exist at the time of delivery. Once the Buyer notices a defect on her/his Products, she/he has two (2) months to inform BAC by written notice, as described in the procedure below:
(a) The Buyer shall send an email to customersupport@digitalservices.brusselsairport.be
(b) The Buyer shall ship back to BAC, the Products and the Returns form duly filled in, in accordance with the procedure laid out under Article 11.
Should it appear that the Products is/are actually defective, BAC will then define the possible solutions to the issue and propose them to the Buyer (repair or refund of the defective Products). Should it appear on the contrary that the Products is/are not defective, the returned Products will be sent back to the Buyer at the Buyer’s expense or can be picked up at Brussels Airport on the date as designated by BAC.
(a) The Buyer shall inform BAC of the damage in the next two (2) working days following the delivery of the Order, by sending an email to customersupport@digitalservices.brusselsairport.be
(b) The Buyer shall ship back to BAC the damaged Products in accordance with Article 11 and in any case not later than fourteen (14) days after the notification of damage by the Buyer to BAC.
Should it appear that the Products is/are actually damaged, BAC will then define the possible solutions to the issue and propose them to the Buyer (e.g. replacement, repair or refund of the defective Products). Should it appear on the contrary that the Products is/are not damaged, the returned Products will sent back to the Buyer at the Buyer's expense.
Once having received the claim, BAC will reimburse to the Buyer the price paid for the undelivered Products, without undue delay, and using the same means of payment as the Buyer used for the initial transaction.
Upon return of the wrongly delivered Products, BAC will reimburse to the Buyer the price paid for the Products actually ordered but not delivered, without undue delay, and using the same means of payment as the Buyer used for the initial transaction.
To exercise the right of withdrawal, the Buyer must inform BAC's Customer Service of his decision to withdraw from the Agreement by an unequivocal written statement sent by e-mail to customersupport@digitalservices.brusselsairport.be;
The notice of withdrawal is considered timely as long as it is sent before the end of the Withdrawal Period.
The Buyer shall only be liable for depreciation of the Products which is resulting from a use going beyond what is allowed under paragraph 1.
The Buyer will abstain from unreasonably exercising its withdrawal right by i.e. placing Orders with the main intent of shipping such Orders back to BAC.
If the Buyer withdraws from the Agreement, BAC shall reimburse to the Buyer all payments received from him, after having received the Products back in the state in which the Buyer has received them.
BAC will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction. The Buyer will not incur any fees as a result of such reimbursement. The payment will be made without undue delay once BAC is informed about the Buyer’s decision to withdraw from the Agreement. BAC may however withhold reimbursement until it has received the Products.
The deadline is met if the Buyer sends back the Products before the expiration of the Return Period.
Products which are liable to deteriorate or expire rapidly such as food products (for instance chocolates, etc.);
Sealed Products such as perfumes, cosmetics, alcohol, underwear which are not suitable for return for hygiene reasons if the seal has been removed after delivery;
Products which are not manufactured and the manufacture of which requires individual selection or specification by the consumer or which are clearly custom-tailored to the personal needs of the consumer;
Audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
The Buyer is responsible for packing the Products in such a way that the Products will not be damaged during transportation. BAC shall not be held liable for any damage which occurred during the transportation and such transportation will be performed at the risk of the Buyer.
Notwithstanding any other provision of these Sales Terms, but subject to paragraph 1, BAC shall have no liability however arising (whether in contract, tort (including negligence), or restitution, or for breach of statutory duty or misrepresentation or otherwise) in connection with or arising out of these Sales Terms and/or any BAC Products for:
(i) any incidental, consequential, indirect, special, contingent, or punitive loss or damage;
or
(ii) direct or indirect loss of or damage to: profit, revenue, business, contract, opportunities, anticipated savings, data, goodwill, reputation or use;
suffered by the Buyer that arises under or in connection with the Agreement and these Sales Terms.
Without prejudice to the above paragraphs, BAC's total liability arising under or in connection with the Purchase governed by these Sales Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price (exclusive of VAT) of the BAC Products in relation to which such liability is based.
The foregoing is however without prejudice to BAC's right to exercise against the Buyer, any rights or remedies expressly conferred upon BAC as a Seller under the Terms of Use of the Marketplace.
These Sales Terms were last amended on 2019.05.10
Nevertheless, if one or several provisions are invalid, illegal or not enforceable, fully or partially, the remainder of the provision and of the Agreement shall not be affected and shall remain in force as if the invalid, illegal or non-enforceable provision had never been part thereof. In such event, BAC shall amend and/or substitute the invalid, illegal or unenforceable (part(s) of) provision(s) by a similar provision so as to accomplish the intent of the Parties to the extent permitted by the applicable law.
In the event of Force Majeure, performance of the obligations under these Sales Terms shall be suspended for the duration of the delay caused by the event of Force Majeure and the period of performance shall be automatically extended, without any penalty, for an equal period.
If BAC is affected by an event of Force Majeure, it shall consult the Buyer with a view to find an equitable solution and shall use all reasonable efforts to minimize the consequences of the occurrence.
If the event of Force Majeure definitely impedes the execution of the Agreement, the Agreement shall be automatically terminated, without liability and with immediate effect.
All disputes which cannot be resolved through good faith discussions, shall be submitted to the exclusive jurisdiction of the Brussels courts (Belgium), without prejudice to any applicable provisions of mandatory law relating to consumer contracts.
E-mail: customersupport@digitalservices.brusselsairport.be
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Brussels Airport Company
General terms & conditions of sale
(Last modified 2019.05.10)General terms & conditions of sale
Download this document here.
1. Introduction
These general terms and conditions of sale (hereafter the "Sales Terms") shall apply to any online sale by Brussels Airport Company (hereafter "BAC") of its products offered for sale on the Marketplace, operated by BAC and subject to its own Terms of Use (available here).2. Company Information
These Sales Terms are those of Brussels Airport Company, having its registered office at Boulevard Auguste Reyers 80, 1030 Schaerbeek (Belgium), with company number 0890.082.292, VAT number BE0890.082.2952, e-mail: customersupport@digitalservices.brusselsairport.be.3. Definitions
For the purpose of this Agreement, unless the context otherwise requires, the following terms shall have the following meaning:"Agreement"
These Sales Terms, together with the Terms of Use of the Marketplace and the Privacy Policy.
"Airport"
Brussels Airport (IATA airport code: BRU).
"Airside"
The delivery area where the Orders can be picked up by Buyers, and which is only accessible by Buyers once they have gone through the security checks.
"BAC"
Brussels Airport Company, as identified under Article 2.
"Buyer"
Any person buying a Product through the Marketplace.
"Force Majeure"
Has the meaning ascribed to it in Article 8.2.1.a.i.14.4.
"Marketplace"
The online trading platform offered by BAC for the sale of goods and services. The Marketplace can be consulted through the following hyperlink: https://shop.brusselsairport.be.
"Order"
An order for Products submitted by the Buyer via the Marketplace to BAC and accepted by BAC by means of an Order Confirmation.
"Order Confirmation"
The e-mail received by the Buyer from BAC, as operator of the Marketplace, confirming the Order.
"Privacy Policy"
The Privacy Policy of BAC which can be consulted through the following hyperlink: https://shop.brusselsairport.be/en/privacy-policy.
"Product"
The Products offered for sale by BAC and for which BAC acts as a Seller. Products offered by BAC are clearly identified as such on the Marketplace and the Marketplace clearly indicates for which Products BAC acts as a Seller.
"Terms of Use of the Marketplace"
The Terms of Use of the Marketplace operated by BAC which can be consulted through the following hyperlink: https://shop.brusselsairport.be/en/terms-and-conditions.
"Withdrawal Period"
Has the meaning ascribed to it in Article 10.1.
Any capitalised term not defined herein shall have the meaning ascribed to in in the Terms of Use of the Marketplace or the Privacy Policy.
4. Use of the Marketplace
The Buyer can use the Marketplace with the aim of acquiring Products. When acquiring such Products through the Marketplace, the Buyer shall adhere to the Terms of Use of the Marketplace and buy such Products in accordance with the terms set forth in these Sales Terms.5. Product Description
These Sales Terms only apply to sale of Products offered by BAC on the Marketplace.The Products to be delivered by BAC are the ones described in the Order Confirmation. However, on rare occasions, it may occur that the Products delivered are slightly different from the Products ordered. Such deviations may only concern non-essential characteristics of the ordered Products (e.g. notably the colour of packaging, the shape of a bottle of perfume).
BAC always describes its products in good faith, however, the images presented on the Marketplace have no contractual value. BAC shall not be held liable for any error contained in the Products' descriptions pertaining to non-substantial characteristics of the said Products. However, if such errors have been brought to its attention in writing, BAC is committed, to the extent possible and within its means, to correct these errors as soon as possible.
6. Purchasing Products and Services
6.1. Conclusion of the Agreement
The procedure to place an Order for BAC's Products on the Marketplace is detailed under Article 5.4 of the Terms of Use of the Marketplace.The Buyer understands that, once she/he has successfully ordered a Product through the Marketplace, she/he has entered into a legally binding sale agreement with BAC (the "Agreement").
6.2. Availability of Products on the Marketplace
The Products available for sale are those figuring on the Marketplace. Such Products are available as long as stocks last. BAC shall make all reasonable efforts to indicate the Products availability in real-time on the Marketplace.However, on rare occasions it could happen that some Products are out of stock at the time of preparing an order for delivery. If the Product You ordered cannot be delivered due to stock shortages, You will be proactively informed thereof and You will be refunded for the missing Product.
6.3. Restrictions
As clarified in Article 5.3 of Terms of Use of the Marketplace, certain Products offered by BAC on the Marketplace might be subject to legal and/or customs restrictions or airline restrictions. When acquiring such Products, the Buyer agrees to adhere to such restrictions. BAC does not assume any responsibility for such restrictions and the Buyer commits to inform itself of such restrictions prior to acquiring such Product.7. Prices and Charges
Sales prices are those indicated on the Marketplace at the time the Buyer validates his Order and figuring in the Order Confirmation.Prices are indicated in EURO (€) and are VAT inclusive. However, if the Buyer has selected a flight destination, the amount of the charges for a Product will depend on the destination to which the Buyer will travel. For flights within the European Union, no import taxes will be charged. Consequently, when selecting for a flight within the European Union, only the rates applicable within the European Union will be charged, as clearly indicated on the Marketplace. BAC will not charge the Buyer with any additional costs for the processing of the payment transaction via the Marketplace.
Additional charges may be applicable for sending the Products back to BAC, as provided under Articles 9.1, 9.2 and 11.
8. Delivery
8.1. Delivery and Cancellation of Delivery
The delivery of the Order(s) shall be made at the Airport's Airside pick-up point and at the venue and date indicated by the Buyer during her/his Order and as confirmed in the Order Confirmation.BAC's obligation to deliver the Products is considered as fulfilled as soon as the Buyer has signed the delivery receipt presented by a member of the pick-up point staff. In order to collect the Order, the Buyer will be required to show to the pick-up point staff:
(i) a valid boarding pass (i.e. conform to the flight data provided when placing the Order on the Marketplace) or, as the case may be an Airport Identification Badge
and
(ii) upon request of the pick-up point staff, a copy (paper or electronic) of the Order Confirmation.
Once the delivery is accepted by the Buyer, the Buyer shall bear the risk of loss or deterioration and BAC shall not be held liable for any damage occurring after the delivery of the Products concerned.
If the Buyer does not present her-/himself at the pick-up point within the delivery period indicated in the Order Confirmation, the Agreement shall immediately and automatically be terminated and the price paid for the Products shall be reimbursed to the Buyer without undue delay and through the same means of payment as the Buyer used for the initial transaction.
8.2. Content of the Delivery
The Buyer is informed that its Order is delivered in numbered sealed plastic bag(s).When taking delivery of its Order, the Buyer has the duty to immediately check if the Products delivered are in conformity with the Products ordered. However, due to customs and security regulations, the Buyer shall abstain from opening the sealed plastic bag containing the Products until he has left the restricted zone at her/his destination airport.
If the Products delivered
(i) do not match with the Order,
(ii) are damaged, or
(iii) if Products are missing,
the Buyer must report it to the pick-up point staff member. In such cases, the pick up staff member can either cancel the order or fill in a claim – after due comparison with the Order Confirmation, the sales overview enclosed in the bag and the Products in the bag –, and Parties will act according to the relevant procedures described under Articles 9 and, if applicable, 11 of the present Sales Terms.
8.3. Customs Regulations
For reasons of compliance with safety and customs regulations, the sealed plastic bag(s) may not be opened until the Buyer leaves the restricted zone at her/his destination airport.BAC will not be held liable for any inconvenience caused to the Buyer as a consequence of non-compliance with these safety and customs regulations.
9. Claims
9.1 Defective Products and legal warranty
Products are guaranteed against non-conformity for a two (2) years' period, except if the nature of the Product implies a shorter use-by date. In the latter case, the guarantee is limited to the said date (e.g. food products, make-up).This guarantee only covers conformity defaults (hidden defects) which exist at the time of delivery. Once the Buyer notices a defect on her/his Products, she/he has two (2) months to inform BAC by written notice, as described in the procedure below:
(a) The Buyer shall send an email to customersupport@digitalservices.brusselsairport.be
(b) The Buyer shall ship back to BAC, the Products and the Returns form duly filled in, in accordance with the procedure laid out under Article 11.
Should it appear that the Products is/are actually defective, BAC will then define the possible solutions to the issue and propose them to the Buyer (repair or refund of the defective Products). Should it appear on the contrary that the Products is/are not defective, the returned Products will be sent back to the Buyer at the Buyer’s expense or can be picked up at Brussels Airport on the date as designated by BAC.
9.2 Damaged Products
If a Product or the package containing the Product is visibly damaged at the time the Order is delivered to the Buyer, the following procedure applies:(a) The Buyer shall inform BAC of the damage in the next two (2) working days following the delivery of the Order, by sending an email to customersupport@digitalservices.brusselsairport.be
(b) The Buyer shall ship back to BAC the damaged Products in accordance with Article 11 and in any case not later than fourteen (14) days after the notification of damage by the Buyer to BAC.
Should it appear that the Products is/are actually damaged, BAC will then define the possible solutions to the issue and propose them to the Buyer (e.g. replacement, repair or refund of the defective Products). Should it appear on the contrary that the Products is/are not damaged, the returned Products will sent back to the Buyer at the Buyer's expense.
9.3 Missing Products
If the delivery has been refused by the Buyer because of a missing Product or if the delivery has been accepted by the Buyer with missing Products, the Buyer shall, upon receipt of the Order, directly report it to a pick-up point staff member, which can fill in a claim and provide the Buyer a copy thereof.Once having received the claim, BAC will reimburse to the Buyer the price paid for the undelivered Products, without undue delay, and using the same means of payment as the Buyer used for the initial transaction.
9.4 Wrong Products
If the delivery has been accepted by the Buyer with Products different from the ones it ordered, the Buyer will ship the wrongly delivered Products back to BAC, according to the procedure detailed under Article 11.Upon return of the wrongly delivered Products, BAC will reimburse to the Buyer the price paid for the Products actually ordered but not delivered, without undue delay, and using the same means of payment as the Buyer used for the initial transaction.
10. Right of Withdrawal
10.1 Exercise of Right of Withdrawal
The Buyer has the right to withdraw from the Agreement, for any or no reason, within fourteen (14) days starting from the day on which the Buyer received the Order Confirmation (the "Withdrawal Period"), as described under Article 8.To exercise the right of withdrawal, the Buyer must inform BAC's Customer Service of his decision to withdraw from the Agreement by an unequivocal written statement sent by e-mail to customersupport@digitalservices.brusselsairport.be;
The notice of withdrawal is considered timely as long as it is sent before the end of the Withdrawal Period.
10.2 Obligations of the Buyer during the Withdrawal Period
During this Withdrawal Period, if applicable, the Buyer shall handle the Products and its packaging with appropriate care. The Buyer will extract or use the product only to the extent necessary to assess the nature, characteristics and operation of the Products. The starting point is that the Buyer should only handle and inspect the Products as she/he would in a store.The Buyer shall only be liable for depreciation of the Products which is resulting from a use going beyond what is allowed under paragraph 1.
The Buyer will abstain from unreasonably exercising its withdrawal right by i.e. placing Orders with the main intent of shipping such Orders back to BAC.
10.3 Effects of Withdrawal
If the Buyer withdraws from the Agreement, BAC shall send an acknowledgment of receipt of this notification without delay.If the Buyer withdraws from the Agreement, BAC shall reimburse to the Buyer all payments received from him, after having received the Products back in the state in which the Buyer has received them.
BAC will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction. The Buyer will not incur any fees as a result of such reimbursement. The payment will be made without undue delay once BAC is informed about the Buyer’s decision to withdraw from the Agreement. BAC may however withhold reimbursement until it has received the Products.
10.4 Return of the Products & Costs
The Buyer shall send back the Products in accordance with the procedure detailed under Article 11, in the state in which she/he has received them, without undue delay and in any event, not later than fourteen (14) days from the day on which the Buyer communicates her/his withdrawal from the Agreement to BAC ("Return Period").The deadline is met if the Buyer sends back the Products before the expiration of the Return Period.
10.5 Exceptions to the Right of Withdrawal
The above-mentioned right of withdrawal does not apply to:Products which are liable to deteriorate or expire rapidly such as food products (for instance chocolates, etc.);
Sealed Products such as perfumes, cosmetics, alcohol, underwear which are not suitable for return for hygiene reasons if the seal has been removed after delivery;
Products which are not manufactured and the manufacture of which requires individual selection or specification by the consumer or which are clearly custom-tailored to the personal needs of the consumer;
Audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
11. Shipment
If the Buyer desires to exercise its rights under Articles 9 or 10 of these Sales Terms and aims to ship the Products concerned back to BAC, the Buyer shall do so at its own costs and with the shipping of its own choice.The Buyer is responsible for packing the Products in such a way that the Products will not be damaged during transportation. BAC shall not be held liable for any damage which occurred during the transportation and such transportation will be performed at the risk of the Buyer.
12. Liability
Nothing in these Sales Terms shall limit or exclude BAC's liability for death or personal injury caused by BAC's negligence, for fraud or fraudulent misrepresentation, or to any extent prohibited by any applicable law.Notwithstanding any other provision of these Sales Terms, but subject to paragraph 1, BAC shall have no liability however arising (whether in contract, tort (including negligence), or restitution, or for breach of statutory duty or misrepresentation or otherwise) in connection with or arising out of these Sales Terms and/or any BAC Products for:
(i) any incidental, consequential, indirect, special, contingent, or punitive loss or damage;
or
(ii) direct or indirect loss of or damage to: profit, revenue, business, contract, opportunities, anticipated savings, data, goodwill, reputation or use;
suffered by the Buyer that arises under or in connection with the Agreement and these Sales Terms.
Without prejudice to the above paragraphs, BAC's total liability arising under or in connection with the Purchase governed by these Sales Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price (exclusive of VAT) of the BAC Products in relation to which such liability is based.
13. Privacy Policy
When the Buyer provides personal data to BAC, such personal data will be processed in accordance with BAC's Privacy Policy (available here: https://shop.brusselsairport.be/en/privacy-policy).14. General
14.1. Entire Agreement
Unless stated otherwise, these Sales Terms set forth the entire Agreement and understanding between the Parties concerning the subject matter hereof, and supersede and replace all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.The foregoing is however without prejudice to BAC's right to exercise against the Buyer, any rights or remedies expressly conferred upon BAC as a Seller under the Terms of Use of the Marketplace.
14.2. Modification
BAC has the right to modify these Sales Terms. The modifications will be in force for the Orders submitted afterwards. Accordingly, the Buyer is advised to save or print a copy of these Conditions prior to each Order that he submits.These Sales Terms were last amended on 2019.05.10
14.3. Severability
To the extent possible, the provisions of these Sales Terms shall be interpreted so that they are valid, and, if applicable, grant enforceable rights and obligations in accordance with applicable law and with the common will of the Parties.Nevertheless, if one or several provisions are invalid, illegal or not enforceable, fully or partially, the remainder of the provision and of the Agreement shall not be affected and shall remain in force as if the invalid, illegal or non-enforceable provision had never been part thereof. In such event, BAC shall amend and/or substitute the invalid, illegal or unenforceable (part(s) of) provision(s) by a similar provision so as to accomplish the intent of the Parties to the extent permitted by the applicable law.
14.4. Force Majeure
"Force Majeure" shall mean any unforeseen event which is beyond the reasonable control of BAC or the Buyer or any foreseeable occurrence the consequences of which may not reasonably be avoided and which prevents performance of the Agreement, in whole or in part, by the party affected by such event of Force Majeure (including but not limited to fires, strikes, lock outs, or other industrial action, flight cancellation, delays, any acts or restraints of any government or public authority, war or outbreaks of hostilities of any kind). For the avoidance of doubt, the situation where the Buyer misses his flight, regardless of the cause, is not considered an event of Force Majeure. However, this provision shall not apply if the said flight is a connecting flight and that flight was missed because the first flight the Buyer took was delayed.In the event of Force Majeure, performance of the obligations under these Sales Terms shall be suspended for the duration of the delay caused by the event of Force Majeure and the period of performance shall be automatically extended, without any penalty, for an equal period.
If BAC is affected by an event of Force Majeure, it shall consult the Buyer with a view to find an equitable solution and shall use all reasonable efforts to minimize the consequences of the occurrence.
If the event of Force Majeure definitely impedes the execution of the Agreement, the Agreement shall be automatically terminated, without liability and with immediate effect.
14.5. Waiver
Failure or delay in requiring strict performance of these Sales Terms, or failure or delay to enforce a provision of these Sales Terms, or a previous waiver or forbearance to these Sales Terms, shall in no way be construed as a waiver of any provision of these Sales Terms.14.6. Dispute Resolution
These Sales Terms are governed by Belgian law and shall be interpreted in accordance thereto.All disputes which cannot be resolved through good faith discussions, shall be submitted to the exclusive jurisdiction of the Brussels courts (Belgium), without prejudice to any applicable provisions of mandatory law relating to consumer contracts.
15. Customer Service
For any question or claim, the customer service of BAC can be contacted by the Buyer:E-mail: customersupport@digitalservices.brusselsairport.be