Terms and conditions

General terms and conditions of the webshop
AG Culturele Instellingen Antwerpen/Erfgoed - MoMu
Grote Markt 1, 2000 Antwerp
shop@momu.be

VAT: BE738.733.786

KBC: BE42 4097 5857 0154 – BIC KREDBEBB

1. DEFINITIONS
   1.1 “AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu”: “AG Culturele Instellingen Antwerpen/Erfgoed - MoMu”, with registered office at Grote Markt 1 – 2000 Antwerp, registered in the legal entities register of Antwerp, Antwerp division, under number 0738.733.786 and known to the VAT administration under number BE0738.733.786.
   1.2 “general terms and conditions”: these general terms and conditions of sale and delivery.
   1.3 “Buyer”: any natural person or legal entity who purchases one or more products or services via this website, places an order for them, or requests a quotation.
   1.4 “Consumer”: any Buyer who purchases one or more products or services via the website, places an order for them, or requests a quotation, exclusively for non-professional purposes.
   1.5 “Website”: www.momu.be and shop.momu.be
   
2. APPLICABILITY
   2.1 The legal relationship between the Buyer and AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, and everything connected with it, is governed exclusively by the following rules (in descending order of hierarchy, each applying in the absence or silence of the previous one): (1) the written and signed special agreement; (2) the electronic order confirmation; (3) these general terms and conditions; (4) Articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu rejects all other rules and conditions, with the sole exception of conditions that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has expressly agreed with the Buyer in writing. Such expressly accepted deviations are only valid for the agreement to which they relate and cannot be invoked in respect of any other agreements, even similar ones. The Buyer accepts that these general terms and conditions shall apply exclusively, to the exclusion of his own general or specific (purchasing) conditions, even if these state that they alone apply.
   By using the website, filling the digital shopping basket on the website of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, placing an order and/or concluding any agreement via the website, the Buyer declares that he has taken note of and agrees to these general terms and conditions and all other rights and obligations stated on the website. In these cases, the Buyer is therefore bound by these general terms and conditions and the aforementioned rights and obligations.
   2.2 These general terms and conditions do not affect the statutory rights granted to the Buyer on a mandatory basis under the applicable national consumer protection legislation.
   2.3 The possible invalidity of any provision of these general terms and conditions, or of part of a provision, does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of invalidity of any provision, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer shall, to the extent possible and in accordance with their good faith and conviction, negotiate to replace the invalid provision with an equivalent provision that corresponds to the general spirit of these general terms and conditions.
   2.4 If AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu should fail, even repeatedly, to enforce or apply one or more of the rights listed in these general terms and conditions, this can only be regarded as tolerating a certain situation and does not result in forfeiture of rights. Such failure can never be regarded as a waiver of that provision or those provisions and shall never affect the validity of these rights.
   2.5 AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu always has the right to amend these general terms and conditions. It is the Buyer's responsibility to consult these general terms and conditions regularly.
   
   
3. QUOTATION – ORDER – FORMATION OF THE ONLINE PURCHASE
   3.1 Any offer on the website, in catalogues, newsletters, notices, leaflets and other advertising announcements is for information purposes only. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu may amend or withdraw the offers on the website at any time. Offers are in any case only valid while stocks last. Obvious mistakes and/or obvious errors in the offer do not bind AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu. Although catalogues, website and other advertising announcements are compiled with the greatest possible care, it is nevertheless possible that the information offered is incomplete, contains material errors or is not up to date. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is only bound by an obligation of best efforts regarding the accuracy, updating or completeness of the information offered. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is in no case liable for material errors, typesetting errors or printing errors.
   3.2 Quotations from AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu are entirely non-binding and are to be regarded merely as an invitation to purchase or to place an order by the Buyer, unless expressly stated otherwise. A quotation is only valid for the specific assignment to which it relates and therefore does not automatically apply to subsequent similar assignments.
   3.3 The agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer is only concluded after the Buyer has placed an order on the website and AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu confirms this order by e-mail (hereinafter the “order confirmation”). AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu always reserves the right to refuse orders without giving reasons.
   3.4 Cancellation of an order before it has been shipped is not possible. Cancellation of an order after it has been shipped must take place in accordance with the withdrawal procedure provided for in Article 4 of these general terms and conditions.
   3.5 After the period for exercising the right of withdrawal has expired, the purchased goods can no longer be exchanged by the Buyer.
   
   
4. RIGHT OF WITHDRAWAL
   4.1 Unless otherwise stated for the product on the website, the Consumer has a right of withdrawal with regard to products purchased via the webshop. On the basis of Book VI Market Practices and Consumer Protection of the Code of Economic Law, the Consumer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason. The withdrawal period expires 14 calendar days after the day on which the Consumer, or a third party designated by the Consumer who is not the carrier, physically takes possession of the product.
   4.2 To exercise the right of withdrawal, the Consumer must inform MoMu (Nationalestraat 28 – 2000 Antwerp – shop@momu.be) of his decision to withdraw from the agreement by means of an unequivocal statement, by post or by e-mail. The Consumer may also use the model withdrawal form for this purpose (available for download on the website and also enclosed with the order confirmation and the delivery), but is not obliged to do so. To meet the withdrawal deadline, it is sufficient for the Consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
   4.3 If the Consumer withdraws from the agreement, the Consumer will receive from AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu all payments he has made up to that point, including delivery costs (with the exception of any additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery offered by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu), without delay and in any case no later than 14 calendar days after AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has been informed of the Consumer's decision to withdraw from the agreement. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu will then refund the Consumer using the same means of payment as the Consumer used for the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not be charged any costs for such refunds. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu may wait with the refund until AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has received the products back or the Consumer has demonstrated that he has returned the products, whichever occurs first. The refund of delivery costs by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is always made pro rata. (For example: a Consumer purchases 2 products and returns 1 upon withdrawal. In that case, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu only has to refund 50% of the delivery costs.) However, where AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu uses a flat-rate delivery cost, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu shall, in the event of partial withdrawal, not be obliged to refund any delivery costs. When exercising the right of withdrawal, the Buyer shall also take into account the provisions of Article 12 of these general terms and conditions.
   4.4 The Consumer must notify AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu of the return within 14 calendar days after receiving the products, preferably via shop@momu.be, and must send back or bring back the products within 28 calendar days after receipt. The Consumer is on time if he sends back or brings back the products before the 28-calendar-day period has expired. The products must be undamaged, unused and in the same condition as at the time of delivery, with the original tags still attached. A return can be made in two ways:
   (1) By post, at the Consumer's own expense. The Consumer ensures that the products are well packed, together with the packing slip received with the order, on which the returned items are marked, and sends the parcel to: MoMu Shop, An Teyssen, Drukkerijstraat 9-13, 2000 Antwerp. Shipping with a tracking code costs between €5 and €10 in Belgium. MoMu only covers these costs if the original shipment was incorrect.
   (2) In the shop, free of charge, at Nationalestraat 28, 2000 Antwerp, together with proof of purchase and within 28 calendar days after receipt (by post) or collection (via store pick-up).
   The Consumer is only liable for any diminished value of the products resulting from use of the products that goes beyond what is necessary to establish the nature, characteristics and functioning of the products.
   4.5 The right of withdrawal does not apply, among other things, to:
   - service agreements (such as workshops) where performance has already begun with the Consumer's consent;
   - service agreements (such as ticket sales) where performance is prevented by technical problems on site;
   - products made to the Consumer's specifications or clearly intended for a specific person;
   - products that can spoil or age quickly or that have a limited shelf life (such as yeasts, enzymes, perishable foodstuffs, fresh goods, etc.);
   - sealed products that, for reasons of health protection or hygiene, are not suitable for return once the packaging has been opened (e.g. additives, etc.);
   - alcoholic beverages whose price was agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has no influence;
   - sealed audio and video recordings once the packaging has been opened;
   - newspapers, periodicals or magazines (except where this concerns a subscription);
   - the supply of digital content that is not supplied on a tangible medium;
   - agreements relating to the provision of accommodation other than for residential purposes, transport, car rental services, catering and services related to leisure activities, where the agreement provides for a specific date or period of performance (e.g. subscriptions and tickets for a visit to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu or an exhibition organised by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, etc.)
   4.6 In no case does a professional Buyer have the right of withdrawal.
   
   
5. PRICE AND COSTS
   5.1 The stated price only relates to the products as described in words. Materials, accessories and fittings that are not mentioned in the information about a particular product are not included. The accompanying photo is intended as decoration and may contain elements that are not included in the stated price.
   5.2 All prices are expressed in euros and include VAT, any import/export duties and reservation and/or administration costs, but exclude any delivery or shipping costs.
   Shipping costs are not included. They depend on the chosen shipping method, the weight of the products, the delivery address, etc. During the online ordering process, step 1 will indicate exactly how much shipping cost will be charged.
   The chosen shipping method and the final shipping costs are also stated on the order confirmation that the Buyer receives upon conclusion of the agreement.
   Additional costs associated with the Buyer's choice of payment method may be charged by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu.
   5.3 AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu reserves the right to change the prices stated on the website at any time. Nevertheless, products are invoiced on the basis of the rates applicable at the time the order was accepted. Obvious errors, manipulations or mistakes (such as evident inaccuracies) may also be corrected by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu after the agreement has been concluded.
   5.4 Currency fluctuations, increases in the prices of materials and raw materials, wages, salaries, social charges, government-imposed costs, (environmental) levies and taxes, transport costs, import and export duties or insurance premiums (merely an illustrative list) occurring between the placing of the order and the delivery of the products may give rise to a price increase. If the price is increased after the order has been placed, the Buyer has the right, within 48 hours, to dissolve the agreement at no cost. Such dissolution cannot give rise to the payment of any damages by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu.
   
   
6. DELIVERY OF THE PURCHASED PRODUCTS
   6.1 Unless otherwise agreed, deliveries are always made in accordance with the Incoterm® “ex works” (EXW) at the registered office of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu. At the Buyer's request, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu will arrange transport to the destination requested by the Buyer, as evidenced by the written agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer or, in the absence thereof, in the order confirmation issued by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, for the account, at the risk and at the expense of the Buyer. Subscriptions and tickets are delivered by post and by e-mail respectively, using the postal or e-mail address provided by the Buyer, as applicable, for the dispatch.
   6.2 Any delivery that was not explicitly provided for in the Buyer's order and/or the order confirmation from AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is deemed to be an additional delivery at the Buyer's request and will be charged as such.
   6.3 Except with regard to agreements with a Consumer, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu always reserves the right to split deliveries or to attach other conditions to the delivery.
   6.4 Unless otherwise agreed, an order will only be shipped after AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has received payment. In the absence of payment within the set payment period (only in the case of purchase of subscriptions by bank transfer), the purchase will be deemed to have been cancelled at the Buyer's initiative, without any damages being owed by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu aims to always deliver orders within five (5) working days after the date of payment, provided that the ordered products are in stock or are still available for the date desired by the Buyer (tickets). Orders (with the exception of tickets and subscriptions) may also be collected by the Buyer within the stated delivery period, provided that it is an opening day of MoMu. Collection within the aforementioned period also applies on condition that the ordered products are in stock. During the online ordering process, the Buyer must indicate which delivery method he chooses.
   6.5 The delivery period, including that stated in quotations, orders and order confirmations, is however always indicative and is not an essential element of the obligations of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu towards the Buyer. Exceeding the communicated delivery period can never give rise to the payment of any damages or to the dissolution of the sale between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu can in any case never be held liable for delays caused by the Buyer or third parties.
   Changes to the order automatically cause the anticipated delivery periods to lapse.
   6.6 If the Buyer is absent at delivery at the delivery address he has indicated, the transport service will leave a notice informing the Buyer of his options: (1) request a second delivery attempt of the purchased products at the indicated delivery address; or (2) collect the purchased products at a nearby post office or pick-up point within a period of two (2) weeks after the date of the first delivery attempt. If the products are not collected within the aforementioned period of two (2) weeks, or if the Buyer is absent at the second delivery attempt, the products will be returned to the registered office of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu. The costs of the return, as well as the related costs (such as, but not limited to, taxes, VAT, storage costs, etc.), are for the account of the Buyer. In such a case, the agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer will be deemed to be dissolved. Any price already paid by the Buyer will be deemed to be retained by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu as compensation for the damage suffered as a result of this dissolution, including, but not limited to, the aforementioned costs of return and any related costs.
   
   
7. INVOICING AND PAYMENT
   7.1 In principle, orders must always be paid in advance by the Buyer.
   When placing the order, the Buyer can choose between different payment methods:
   - credit card (Visa/Mastercard)
   - Maestro
   - Bancontact/Mister Cash
   7.2 Companies, public institutions, schools and organisations can contact the customer service of AG Culturele Instellingen Antwerpen/ Erfgoed – MoMu via shop@MoMu.be or on +32 (0)3 470 27 89 to agree specific payment terms. In such a case, Articles 7.3 – 7.8 below will apply.
   7.3 Complaints about invoices must, on pain of inadmissibility, be reported to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu within 8 calendar days after the invoice date. These complaints do not release the Buyer from his payment obligation.
   7.4 In the event of non-payment or incomplete payment on the due date of any of the invoices:
   (1) an annual interest rate of 10%, capitalised annually, applies by operation of law and without prior notice of default;
   (2) the Buyer owes, by operation of law and without prior notice of default, a fixed compensation for damages equal to 10% of the invoice amount, with a minimum of one hundred and fifty euros (€150.00) per invoice;
   (3) the customer is, by operation of law and without prior notice of default, liable for all judicial and extrajudicial collection costs;
   (4) all other invoices of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu to the Buyer, even those not yet due, become immediately payable by operation of law and without prior notice of default; and
   (5) AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has the right to reclaim the delivered products from the customer and to suspend and/or dissolve the (further) performance of the relevant and/or one or more other agreements with/orders from the Buyer, without prior notice of default or court intervention being required.
   Points (4) and (5) also apply in the event of (impending) bankruptcy, judicial or contractual dissolution, application of the Belgian Act of 31 January 2009 on the continuity of enterprises, payment arrears, or any other fact as a result of which AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu reasonably loses confidence in the Buyer's creditworthiness.
   7.5 Acceptance of partial payment takes place under all reservations and is applied in the following order: (1) collection costs, (2) damages; (3) interest; (4) principal sums.
   7.6 The entry of the outgoing invoice in the outgoing invoice register of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu constitutes a presumption of dispatch and receipt of the relevant invoice.
   7.7 By ordering a product, the Buyer expressly agrees to the use of electronic invoicing by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, unless the parties agree otherwise in writing.
   7.8 The filing of a complaint does not release the Buyer from his payment obligation.
   
   
8. RETENTION OF TITLE
   8.1 The delivered products remain the exclusive property of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu until the Buyer has paid in full the principal, interest and costs. Until then, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before having fully and correctly paid the aforementioned amounts, the aforementioned right transfers to the resulting sale price. The risk of loss or damage, however, passes to the Buyer upon delivery. The Buyer undertakes, where necessary, to point out the retention of title of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu to third parties (for example, to anyone who would seize the articles that have not yet been paid for in full).
   8.2 In the event of non-payment or incomplete payment on the due date of any of the invoices, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu has the right, by operation of law and without prior notice of default, to reclaim the products already delivered from the Buyer. When AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu receives the products back and they are still in good condition (which includes an assessment of the correct preservation and storage of these products), the amounts already paid will be refunded to the Buyer less: (1) the loss of profit, estimated at a flat rate of 15% of the total invoice amount; and (2) a fixed compensation of 5% of the total invoice amount for the (additional) management and administration costs. All of this is without prejudice to the right of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu to prove higher damages.
   
   
9. ACCEPTANCE, WARRANTY AND COMPLAINTS
   9.1 Upon receipt of the purchased products, the Buyer must immediately carry out an initial check. This immediate duty to check relates, among other things, to (merely an illustrative list): quantity, conformity of the delivery, visible defects, etc. The Buyer must notify AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu in writing (by post or via shop@momu.be) of any immediately verifiable deviations within 48 hours after delivery, on pain of forfeiture, stating the correct delivery note number and/or order confirmation number.
   9.2 Putting into use, processing, repackaging and/or reselling the products delivered by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is considered approval and acceptance, constitutes final delivery of the products concerned, and releases AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu from its responsibilities and liability in accordance with Article 10 of the general terms and conditions.
   9.3 Complaints regarding hidden defects in the delivered products must, on pain of inadmissibility, be reported in writing (by post or e-mail) to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu within 48 hours after discovery of the defect, stating the correct delivery note number and/or order confirmation number. Such complaints can be reported to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu within the statutory warranty period, on the understanding that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu will not be responsible for any loss of quality caused by reasons inherent to the nature of the product (including, but not limited to, normal ageing), nor for damage resulting from handling or incorrect use of the products by the Buyer.
   9.4 In the case of complaints that are reported to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu in a timely and correct manner, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu will, at its own discretion: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu may opt to provide the Buyer with an equivalent of the defective product; or (2) take back the defective product and credit the Buyer.
   The customer acknowledges that each of these measures separately constitutes full and adequate compensation for any possible damage resulting from any defects, and accepts that the implementation of these measures cannot be regarded as an acceptance of liability by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu.
   9.5 The Buyer may in no case return products to AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu on the basis of this Article 9 without prior written consent of the latter. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu reserves the right to establish the defects on site together with the Buyer and to investigate their cause.
   9.6 Any replacement of products cannot give rise to the payment of any damages, nor to the dissolution of the agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer.
   9.7 Complaints and/or any (partial) replacement of products in no case release the customer from his payment obligation within the term(s) set in the written agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer, the order confirmation issued by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, these general terms and conditions, and/or the respective invoice.
   9.8 The customer is obliged to compensate costs incurred as a result of unjustified complaints.
   
   
10. LIABILITY
    10.1 With the exception of the warranty by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu under the warranty provision in Article 9 of these general terms and conditions, the liability of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu towards the Buyer is limited to the liability that is mandatorily imposed by law and is in any case limited to the lower of the following two amounts: (1) the respective invoice amount (excl. VAT); (2) the amount that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu receives from its insurer in the context of the respective liability file, pursuant to the general liability insurance policy taken out by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu.
    10.2 AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is in no case liable for: (1) indirect damage (including, but not limited to, loss of turnover, damage to third parties), (2) defects caused directly or indirectly by the act of the Buyer or of a third party, regardless of whether this is caused by fault or negligence, (3) damage resulting from incorrect or inappropriate use of the purchased products, nor for unintended and/or undesired interaction resulting from simultaneous use of the product with other products, (4) damage to purchased products that the Buyer has attempted to modify or if the Buyer has used components that do not meet the parameters provided by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, and/or (5) damage resulting from failure by the Buyer, his staff or employees and/or the end user to comply with legal and/or other obligations, including the user manual or instructions that may be supplied with the products.
    10.3 The Buyer acknowledges that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu does not guarantee that the products comply with the regulations or requirements applicable in any jurisdiction, other than the regulations or requirements applicable in Belgium as they apply at the time of delivery of the product to the Buyer by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, so that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu cannot be held responsible for later changes in legislation of any kind.
    10.4 The Buyer alone is responsible for the resale of the purchased products, and guarantees in this respect that he will comply with all (legal and other) obligations.
    
    
11. INDEMNIFICATION
    11.1 The Buyer shall fully indemnify and defend AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu against all claims and proceedings, including claims and proceedings of third parties, that may arise from, or be the result of, any act or omission of the Buyer in breach of the written agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer, the order confirmation issued by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, these general terms and conditions, and/or other (legal) obligations of the Buyer.
    11.2 The Buyer shall compensate AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu for all damage, including legal and other costs, arising from its defence against the claims and/or proceedings referred to in Article 11.1 of these general terms and conditions.
    
    
12. PROMOTIONS
    12.1 Promotional gifts from AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, in whatever form (such as, but not limited to, price reductions, discount coupons, free shipping, etc.), must always be used in accordance with the guidelines expressly stated in that regard. In any case, they can only relate to one (1) order, cannot be combined, and are personal in nature.
    12.2 If the Consumer exercises the right of withdrawal for products that were the subject of a promotion, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu reserves the right to recalculate the price of the products that were not the subject of the withdrawal. For example: a promotion under which, upon purchase of product A, product B can be obtained at half price. The Buyer withdraws from product A. The promotion conditions are then no longer met and the full price will have to be paid for product B. In that case, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu will refund the funds in accordance with Article 4 of these general terms and conditions, less the additional amount that still has to be paid for product B.
    
    
13. FORCE MAJEURE AND HARDSHIP
    13.1 AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu is not liable for a failure to perform its obligations caused by force majeure or hardship.
    13.2 In the event of force majeure or hardship, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu may, at its own discretion, without prior notice of default or court intervention being required, and without any right of recourse against AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu: (1) propose to the Buyer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) dissolve the agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer out of court; and/or (4) invite the Buyer to renegotiate the agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer.
    If the customer does not participate in good faith in these renegotiations, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu may, in accordance with Article 18 of these general terms and conditions, ask the court to determine new contract terms and/or to order the Buyer to pay damages.
    13.3 Force majeure and hardship include, among other things (merely an illustrative list): unavailability and/or scarcity of certain materials; raw material scarcity; currency fluctuations, increases in the prices of materials, prices of auxiliary materials and raw materials, wages, salaries, social charges, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice drift; special weather conditions; strike; mobilisation; war; illness; accidents; communication and IT failures; government measures; export ban; delay in supply; transport and/or movement obstacles, including lack or withdrawal of transport options; export obstacles; import obstacles; breakdown; traffic jams; etc.
    
    
14. NETTING
    14.1 In accordance with the Act of 15 December 2004 on financial collateral, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer automatically and by operation of law offset and settle all currently existing and future claims against each other. This means that in the ongoing relationship between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer, only the largest claim remains on balance after the aforementioned automatic settlement.
    14.2 This set-off will in any case be enforceable against the trustee in bankruptcy and the other competing creditors, who will therefore not be able to oppose the set-off carried out by the Buyer and AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu.
    
    
15. SUSPENSION AND DISSOLUTION
    15.1 In the event of any change in the situation of the customer, such as death, conversion, merger, takeover, transfer, liquidation, cessation of payment, collective or amicable arrangement, request for postponement of payment, cessation of activity, seizure or any other circumstance that may harm confidence in the Buyer's creditworthiness, AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu reserves the right, on the mere basis of that fact, either to suspend the performance of one or more agreements with the Buyer until such time as the Buyer provides adequate security for his payment, or to declare one or more agreements with the Buyer dissolved as of the date of dispatch of the dissolution, without prior notice of default and without court intervention, without prejudice to the right of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu to claim additional damages.
    15.2 If the agreement between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer is terminated, whether or not by application of the right of dissolution described in Article 15.1 of these general terms and conditions, the Buyer loses the right to demand that AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu comply with its obligations regarding the terminated agreement.
    
    
16. INTELLECTUAL PROPERTY
    16.1 AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu remains the exclusive holder of all intellectual property rights that it holds in the products it supplies. AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu guarantees that it holds the necessary licences for offering its product range.
    
    
17. PERSONAL DATA AND IMAGE MATERIAL
    17.1 The Buyer gives AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu permission to include the personal data provided by the Buyer in an automated database. This data will be used for the purpose of conducting information or promotional campaigns in connection with the products offered by AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu. The Buyer gives AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu permission to pass this data on to third parties for the handling of the order.
    17.2 The Buyer can at any time request disclosure and correction of his data. If the Buyer no longer wishes to receive commercial information from AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, the Buyer must inform AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu of this:
    - by post: AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu – Nationalestraat 28 – 2000 Antwerp
    - by e-mail: shop@momu.be
    17.3 The customer gives AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu permission to use image material of the products delivered to the customer for (merely an illustrative list): general information, advertising purposes, publication on the website, publication in leaflet(s), etc.
    
    
18. DISPUTES
    All possible disputes between AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu and the Buyer fall under the exclusive jurisdiction of the competent courts of the registered office of AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu, unless AG Culturele Instellingen Antwerpen/ Erfgoed - MoMu chooses to bring a dispute before the court of the registered office or place of residence of the Buyer.