General Terms And Conditions
ARTICLE 1.
1.1 "Service provider": hereinafter referred to as EXPERT4U.
1.2 "Client": the natural or legal person who enters into a contract for the provision of services and/or works with EXPERT4U.
1.3 "Opposing party": the natural or legal person who will be invited by e-mail to participate in the "expert appraisal" together with the "client" and the "expert."
1.4 "Assignment": the contract(s) for the provision of services and/or works between the client, the opposing party, and EXPERT4U.
1.5 "Expert": the natural or legal person designated by EXPERT4U who, where applicable, holds the necessary professional authorizations to carry out an assignment within the framework of a real estate appraisal.
1.6 "Report": the "report" drawn up after the visit by the "expert" must be approved by the "client," the "opposing party," and EXPERT4U, according to specific procedures depending on the subject of the "assignment."
1.7 "Party/Parties": the client and/or the opposing party and/or the company.
ARTICLE 2.
2.1 These general terms and conditions govern the contractual relationship between the client who makes use of the services offered by EXPERT4U, either in their own name or on behalf of third parties, for professional or private purposes. These general terms and conditions apply to any budgeting, offer, quotation, contract, and assignment entered into with EXPERT4U, whether directly via the website, by e-mail, by telephone, or by any other means made available by EXPERT4U or an EXPERT4U partner. Our general terms and conditions may be amended at any time without prior notice; the latest version can be consulted on our website.
2.2 The client's general terms and conditions shall in no case apply to assignments entrusted to us. The assignment and these general terms and conditions replace any prior agreement or assignment between the client and EXPERT4U.
2.3 The client is deemed to accept these general terms and conditions by the mere act of placing an order. The scheduling of an execution date with the client and/or the opposing party is equivalent to placing an order.
2.4 In the event that these general terms and conditions are drafted in a language other than Dutch, the Dutch text shall prevail in case of discrepancies.
2.5 If special conditions apply, they shall always take precedence over the general terms and conditions.
2.6 If EXPERT4U does not always require strict compliance with its conditions, this does not mean that their provisions do not apply. EXPERT4U retains the right to demand strict compliance with these conditions in other cases.
ARTICLE 3.
3.1 The services offered by EXPERT4U are provided exclusively within Belgian territory. EXPERT4U may only accept the client's assignment if the address of the place of execution is located within EXPERT4U's operational area. This active area may be communicated at the time of ordering and may vary depending on the type of service.
3.2 All services are carried out in the Dutch language. EXPERT4U may charge additional fees if the client requires the use of another language. The client may not invoke insufficient proficiency in Dutch to contest the applicability of one or more conditions.
3.3 All services are performed digitally. This means that all correspondence and delivery of reports, attestations, certificates, photos, and/or videos are transmitted exclusively to the client electronically. If the client nevertheless wishes to receive them on paper and/or by post, additional printing, shipping, and administrative costs may be charged.
3.4 The client always orders the services provided by EXPERT4U in their own name and for their own account and may not invoke exceptions (legal or factual) related to a mandate or power of attorney granted by one or more third parties to delay, suspend, or interrupt the performance of their obligations towards EXPERT4U.
ARTICLE 4.
4.1 The communication of a price offer, a budget estimate, or any other designation does not oblige EXPERT4U to enter into an assignment. EXPERT4U cannot be bound by its price indication if the client can or should reasonably suspect that this offer or quotation, or part thereof, contains an obvious error or mistake.
4.2 The prices stated in an offer are exclusive of VAT and other taxes, and exclusive of all costs related to execution (such as travel expenses, printing, shipping, and administrative costs), unless expressly indicated otherwise.
ARTICLE 5.
5.1 EXPERT4U may refuse an assignment without stating the reason.
5.2 To ensure the quality of service, EXPERT4U reserves the right to request additional information and---if such information is not provided---to refuse execution of the assignment.
5.3 EXPERT4U reserves the right to entrust certain services to third parties, within the limits permitted by legal provisions and recognition or accreditation rules. For example, electrical inspections will be carried out by an accredited body. For these services, EXPERT4U expressly refers to the general terms and conditions of that body. EXPERT4U specifies that it only provides administrative support to the client when a third party is engaged for execution.
5.4 The execution date of the assignment is communicated to the client by e-mail or by telephone.
5.5 Execution of the assignment is not subject to a mandatory deadline, unless expressly agreed in advance and in writing between the client and EXPERT4U. The reasonable execution period may depend on various factors such as the speed and quality of the information provided by the client, cooperation of third parties, an accident, technical failure, illness, weather conditions, or other circumstances beyond the client's control. Even if a mandatory deadline has been agreed, the aforementioned and similar circumstances constitute grounds for suspension or extension of the execution period.
5.6 The client shall ensure that all data requested by EXPERT4U, or data that the client may or should reasonably assume EXPERT4U requires, are communicated in a timely and complete manner. The client guarantees that the data provided to EXPERT4U are complete and accurate. If EXPERT4U relies on these data to carry out the assignment, it cannot be held liable, except in cases of proven fraud. To enable EXPERT4U to perform its services under optimal conditions, the client must, depending on the nature of the services, make available prior to the visit the data, documents, software, and systems necessary for proper execution of the assignment.
5.7 The execution of services provided by EXPERT4U concerns only the visible and accessible elements of the devices, equipment, installations, land, or buildings to be inspected.
5.8 For assignments relating to real estate, the indication or use of the surface area or any other measurement by EXPERT4U is provided for information purposes only, without guarantee of accuracy. EXPERT4U will, however, endeavor to provide the most faithful representation possible of reality.
ARTICLE 6.
6.1 The client may modify or cancel the assignment or the scheduled execution date free of charge, provided this is done at least 3 full working days in advance and during office hours before the scheduled date (e.g., appointment on Friday = cancellation on Monday before 5 p.m.). In the event of modification or cancellation after this period, or if access is not granted or cannot be granted (e.g., absence of a key, absence of a person...), the total cost of the assignment may be invoiced, with a minimum of €125. A modification or cancellation during annual or periodic holidays cannot be processed and will therefore not be accepted.
6.2 EXPERT4U provides the necessary guarantees for photo and video services regarding weather conditions at the time of the visit. Cancellations or modifications due to weather are not possible.
ARTICLE 7.
7.1 All prices are stated in € and are exclusive of VAT (unless otherwise indicated) and other taxes, as well as exclusive of costs related to the execution of the assignment, such as travel expenses, printing, shipping, and administrative costs. Travel costs for collecting and returning keys are included in the price for a maximum of 8 km from the address where the assignment is to be carried out. For additional costs related to key collection, a rate of €65/hour may be applied.
7.2 EXPERT4U reserves the right to require an advance payment before commencing execution of the assignment.
7.3 The prices indicated may be modified at any time. In the event of an order, the applicable price is the one in force at the time of the order for the agreed services.
7.4 The services and necessary costs may, for various reasons, exceed what was initially foreseen. This particularly concerns additional examinations which, by way of derogation from the established program or in the event of incomplete or incorrect information provided by the client, prove necessary based on findings made during on-site execution.
7.5 The client may at any time obtain the latest price list from customer service and is deemed to be aware of the price of their assignment by the mere act of placing an order.
ARTICLE 8.
8.1 The client must pay the price and other amounts due to EXPERT4U within the period indicated on the invoice and never later than 10 days after the invoice date. The invoice must be paid exclusively and personally to EXPERT4U. Consequently, EXPERT4U can under no circumstances be required to claim payment from third parties.
8.2 A natural person may, upon written request and with authorization, make payment on the day of execution of the assignment on site. Payment will always be made before the start of the assignment and only electronically (Payconiq). An additional cost may be applied for this.
8.3 EXPERT4U may, without stating the reason, defer, suspend, or limit the availability of certain payment methods.
8.4 The client may not withhold payments for any reason whatsoever. In case of a problem with the execution of the assignment, legal action must be initiated. Any refusal of payment, for whatever reason, must be communicated to EXPERT4U no later than 5 days after the invoice date, in writing (registered letter or e-mail). If on-site payment is foreseen, refusal or inability to pay must be communicated no later than before the start of services to the agent on site.
8.5 In case of late payment, EXPERT4U reserves the right to suspend its services without formal notice and to resume them, unless otherwise indicated by the client, as soon as payment has been regularized.
8.6 In case of total or partial non-payment of an invoice at maturity, a late payment interest of 1% per month is automatically due without prior formal notice, for each month commenced. Furthermore, in case of persistent non-payment of an invoice after a period of seven (7) days following the due date, the client is automatically liable for a fixed compensation of 10% of the unpaid amount with a minimum of €125, without prejudice to EXPERT4U's right to claim higher compensation in case of proof of actual damage suffered. From the second formal notice onwards, a fee of €10 may be charged per reminder letter sent. All judicial (to the extent permitted by law) and extrajudicial collection costs are borne by the client. In case of non-payment at maturity, EXPERT4U is also entitled to suspend other services ordered by the client until full payment of the invoice, and all other non-due claims become immediately payable by operation of law and without prior formal notice.
8.7 Set-off by the client is expressly excluded. Payments are allocated in priority to the costs due, then to the interest, and finally to the principal of the oldest outstanding invoice.
ARTICLE 9.
9.1 By way of derogation from Article 1583 of the Civil Code, reports, attestations, certificates, photos, and videos remain the exclusive property of EXPERT4U until full payment of the invoice(s). Despite this retention of ownership, the risk of loss or damage is transferred to the client as soon as they take possession. Reports, attestations, certificates, photos, and videos are prepared and sent digitally in a single copy, unless specific legal provisions apply.
9.2 EXPERT4U reserves the right to defer delivery of the report, attestation, certificate, photos, and videos until receipt of full payment. Even if the assignment has been ordered by several parties, full payment by all parties is required before any delivery.
9.3 EXPERT4U assumes no responsibility for the preservation of reports, attestations, certificates, photos, and videos. It is therefore the client's responsibility to retain them. Unless otherwise required by law or specific obligation, EXPERT4U shall not be obliged to provide a new copy after a period of six months following the sending of the original version.
9.4 Photo and video material provided by EXPERT4U can no longer be refused by the client after the visit due to circumstances inherent to the time of service execution (e.g., weather conditions, environmental factors, condition or order of the property, etc.).
ARTICLE 10.
10.1 The obligations of EXPERT4U are limited to those imposed by regulations applicable to accredited bodies or persons. EXPERT4U can never be held liable insofar as it has performed its services in accordance with the requirements of such regulations. The client indemnifies EXPERT4U against any damage or third-party claims resulting from such services performed by EXPERT4U, its employees, agents, or third parties in compliance with legal requirements.
10.2 The client acknowledges that by entering into a service contract, EXPERT4U does not substitute itself for the client and does not release the client from its obligations. EXPERT4U assumes no obligation of the client towards any third party, nor does it limit, annul, or discharge the client from such obligations.
10.3 All obligations of EXPERT4U under these general terms and conditions are obligations of means. Our services are performed according to professional standards and best practices. EXPERT4U can therefore never be required to correct or repair deficiencies identified by itself. This responsibility lies exclusively with the client.
10.4 Any claim relating to services performed by EXPERT4U must be communicated in writing and in detail to EXPERT4U within eight (8) days of the client's discovery of the damage or the moment when the client should reasonably have discovered it, and in any case within a maximum period of one (1) year after the service, failing which the right of recourse is forfeited.
10.5 Subject to mandatory legal provisions to the contrary, EXPERT4U (including its agents, employees, or third parties) is liable for damages caused by non-performance of its contractual or legal obligations only if and to the extent that such damages result from intentional fault or fraud on its part. For any other fault, EXPERT4U is not liable. If EXPERT4U is held liable for any damage whatsoever, its liability is limited to the amount paid for the client's assignment, or to the relevant part of the order (and in any case to a maximum of €1,000 excluding VAT). In any event, EXPERT4U's liability is limited to compensation for foreseeable, direct, and personal damages, excluding any indirect or intangible damages such as, without limitation, loss of income and profits, loss of clientele, loss of contracts, or additional costs. In all cases, EXPERT4U's liability is limited to the amount of the invoice excluding VAT.
10.6 EXPERT4U can under no circumstances be held liable for damages caused by its employees, agents, or third parties:
if they were not accompanied by the client or a representative or employee of the client;
concerning direct and/or indirect damages resulting from actions necessary in the context of the service (e.g., tests, opening/closing, moving, switching on/off, etc.);
in case of inspections carried out late or not performed because the client did not contact EXPERT4U in time for an appointment. EXPERT4U also cannot be held liable for delay or non-performance if the cause lies in the client preventing compliance with an appointment, or if a third party (tenant, contractor, etc.) refuses access to the property subject to the service;
for any incorrect result, report, or attestation arising from inaccurate, erroneous, incomplete, ambiguous, or false information provided to EXPERT4U or one of its agents.
10.7 The client must inform its insurers of the content of this article and ensure that the terms of this article are enforceable against them.
ARTICLE 11.
11.1 Contrary to Article 4.4, a real estate professional having a periodic collaboration with EXPERT4U may request an assignment in the name and on behalf of a third party. In such case, the real estate professional declares that this third party has been sufficiently informed of the price, the terms of execution, and that they have received these general terms and conditions through the professional, have read, understood, approved, and accepted them. As long as the third party does not fulfill its obligations, the real estate professional remains responsible for the assignment as the client.
ARTICLE 12.
12.1 If the client is a consumer (i.e., any natural person who orders the services offered by EXPERT4U for purposes not of a professional nature), certain clauses of these general provisions may not be applicable to them. The provisions mentioned above shall apply, except as specified or supplemented below:
12.2 Except with regard to consumers, the deadlines indicated in any price offer or specific agreement are purely indicative and do not bind EXPERT4U. Except with regard to consumers, a delay in the execution of services provided by EXPERT4U, whatever the reason, can under no circumstances give rise to termination of the contract or to any compensation. Consumers, in the event of late execution of the service provided by EXPERT4U and after having made a request to EXPERT4U, are automatically and without prior formal notice entitled to a reduction in the price of the services provided by EXPERT4U equal to 1% per month of delay in execution, for each month commenced. Furthermore, consumers, in the event of late execution of the service by EXPERT4U after a period of ten (10) days following a formal notice by the client, are entitled to a fixed reduction equal to 15% of the price agreed between the parties, without prejudice to the client's right to claim higher compensation in case of proof of actual damage suffered. All this except in cases of force majeure attributable to EXPERT4U, its employees, agents, or third parties.
12.3 The consumer who placed their order via a means of distance communication (website, telephone, correspondence, or any other user interface) has the right to inform EXPERT4U that they withdraw from the purchase, without penalty and without reason, within 14 calendar days from the day following the conclusion of the service contract. The consumer does not have a right of withdrawal if the execution of the service contract, with their agreement or at their request, has already begun before the end of this 14-day period from the day following the conclusion of the contract, it being understood that the execution of any ordered service is deemed to have begun on the scheduled day of performance, at 00:01. The travel of the employee, agent, or third party designated by EXPERT4U to perform the service constitutes an element of service execution.
12.4 The provisions of Article 10.5 shall also apply in cases of gross negligence.
ARTICLE 13.
13.1 The document "Privacy Policy" available on the EXPERT4U website forms an integral part of these general terms and conditions, and the client acknowledges having read and accepted it together with these general terms and conditions.
13.2 EXPERT4U records the client's personal and professional data and may freely use and retain them for the execution of the assignment.
ARTICLE 14.
14.1 All intellectual property rights and all rights of any kind whatsoever in the reports, attestations, certificates, photos, and videos, as well as in the data they contain, remain the exclusive property of EXPERT4U, notwithstanding any provision to the contrary. Unless prior and express written authorization is granted by EXPERT4U, the client is not authorized to transmit them to third parties, whether free of charge or for consideration, nor to reproduce, publish, or exploit them.
14.2 The client accepts that the photos and videos produced by EXPERT4U may be used by EXPERT4U for commercial / direct marketing purposes.
14.3 The client obtains a limited right of use of the reports, attestations, certificates, photos, and videos, exclusively for their personal needs, and where applicable for the personal needs of any successor such as the owner or tenant of the property, it being understood that all other rights of partial or total reproduction, public communication, distribution, extraction, or reuse of these documents or the data they contain are expressly reserved to EXPERT4U.
ARTICLE 15.
15.1 The client undertakes not to recruit, either directly or indirectly (via companies factually or legally linked), collaborators (independent or salaried) of EXPERT4U or third parties engaged for the execution of the assignment, during the assignment or within one year following its execution, unless prior and express agreement of all parties concerned is obtained. In case of non-compliance with this obligation, the client shall automatically and without formal notice owe a fixed indemnity of €2,500 per infringement established, without prejudice to EXPERT4U's right to claim compensation for actual damage exceeding this amount.
ARTICLE 16.
16.1 If one or more provisions of these general terms and conditions are declared invalid, illegal, or unenforceable, this shall not affect the validity, legality, or enforceability of the other provisions. In such case, interpretation shall be made according to the spirit of the provision rather than its strict wording.
16.2 Any derogation from these general terms and conditions must be made in writing and expressly.
ARTICLE 17.
17.1 If EXPERT4U is prevented from executing or completing the assignment, in whole or in part, for reasons beyond its control, including---but not limited to---bad weather, natural disasters, war, terrorist acts, viruses or pandemics, social unrest, inability to obtain authorizations, licenses or registrations, illness, death or resignation of the collaborator in charge of the service, or non-compliance with contractual obligations by the client, EXPERT4U will contact the client within a reasonable period to set a new appointment. Execution of the contract will be suspended until the date of the new appointment.
ARTICLE 18.
18.1 All contracts to which these general terms and conditions apply, as well as all other contracts arising therefrom, are governed exclusively by Belgian law.
18.2 Any dispute relating to the validity, interpretation, or execution of the contracts to which these general terms and conditions apply, as well as all other contracts arising therefrom, shall be subject to an attempt at amicable settlement. If a party considers that no amicable agreement is possible, the parties agree that all disputes relating to these contracts fall exclusively within the jurisdiction of the courts of Antwerp.