Terms and Conditions
1. Applicability In these General Terms and Conditions, the following terms have the following meanings: ‘Spacified’: Growthstories bvba, with its registered office at KAAI16. Building, Schepvaartkaai 16a, 3500 Hasselt, listed under company number: 0830.257.939. 'Advertiser', every natural person (B2C) or legal entity (B2B) (for the provisions in the Privacy Act that apply to legal entities) in a contractual relationship, of whatever nature, with Client via the online platform of Spacified. 'Responding Party', every natural person (B2C) or legal entity (B2B) (for the provisions in the Privacy Act that apply to legal entities) in a contractual relationship, of whatever nature, with Spacified via its online platform. '(Classified) Ads': the object of one or several (electronic) agreements. Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. Spacified reserves the right to modify and/or supplement the General Terms and Conditions at any time. By using the website or another electronic portal of Spacified and/or placing an ad, the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. Spacified can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. Spacified can be reached via ‘spacified.com’.
2. Information and contracts Spacified places information regarding the features of its products online with the utmost care, including technical descriptions, which are based on details of its partners and suppliers, and photos to illustrate the ads. All this in so far as technical means allow and in accordance with the best standards in the market. Certain secondary elements of an offer in response to a Classified Ad, such as the current or future condition of a pop-up store, event locations, temporary workshops, home, apartment, company premises, community centre, piece of land, house, studio, holiday home, certain supplementary options, and the like, may not match the requirements specified in the Classified Ad, as published on the website, at the time of occupation. An agreement is formed when the Responding Party decides to comply with the request formulated in the Classified Ad placed by the Advertiser, and does so within the time span agreed by the parties and in accordance with the stipulated formalities. In order to finalise an agreement following a Classified Ad that was placed on the website, a confirmation will be emailed to the email address submitted by the Advertiser. Spacified, Advertiser, and Responding Party expressly agree that a valid agreement can be formed through the medium of electronic forms of communication. In particular the absence of a verifiable regular, digital, or electronic signature does not diminish the binding force of the offer and acceptance thereof. Only persons aged 18 or over can enter into a valid agreement. Spacified’s electronic files shall in this case, insofar permitted by law, constitute presumption of evidence. Information, images, verbal messages, statements etc. relating to any Classified Ads and the most important elements of Classified Ads or associated offers submitted by phone or email are passed on (reflected) or made as accurately as possible.
3. Prices From the moment a Classified Ad is placed by the Advertiser, Responding Parties can submit a proposal. All prices are in euros and inclusive of VAT and other taxes. Apparent or blatant errors in a Classified Ad, such as evidently incorrect information, can be corrected by Spacified and/or the parties after formation of the agreement. The parties shall receive clear notification of possible additional costs involved.
4. Payment The eventual payable price is the purchase price agreed by the parties, which is beyond the scope of Spacified’s activities. This amount must be paid as agreed by the parties in mutual consultation. Spacified should be considered an objective online intermediary, meaning that it does not have any kind of responsibility or authority regarding final payments. Registration and logging on is, in principle, free of charge.
5. Identity theft and credit fraud In order to assure the safety of your online transactions, Spacified cooperates with authorized credit card payment partners and publishers. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. Spacified believes all possible and appropriate precautions have been taken. Therefore, Spacified cannot be held liable for possible identity theft or financial theft.
6. Faults and complaint submission Spacified may conceivably receive complaints about individual Classified Ads. Spacified reserves the right to, on a case-by-case basis and without prior notice or stating reasons, remove Classified Ads that infringe the moral and/or material interests of another User or a third party. Spacified shall handle every complaint within fourteen (14) working days after receipt. All parties involved shall be notified of the decision on the complaint. Possible faults in the functioning of the Spacified portal, such as excessive downtime, code errors, loss of data, etc., must be reported to the Spacified organisation within seven (7) working days after they arise.
7. Liability Spacified acts exclusively as an objective online intermediary that provides an electronic portal where Advertisers and Responding Parties can find each other. Spacified’s liability is limited to its so-called essential liability, i.e. liability for the proper and normal functioning of its online portal system or website. Spacified can in no case be held liable for the contents, changes, or actual situation and condition of Classified Ads and associated matters. This latter liability lies fully with the Advertiser and the Responding Party. Spacified is not responsible for the contents of external websites linked to on the website or other electronic communication portals that are under the actual control of Spacified, meaning that clicking these links and accessing these URLs happens fully under the Purchaser’s own responsibility.
8. Indemnification In the event that a dispute were to arise between the Advertiser and the Responding Party, these parties shall indemnify Spacified against and compensate Spacified for any known and unknown form and type of claims, rights, and damage ensuing from or in any way related to such disputes.
9. Force majeure In case of force majeure, Spacified shall not be obliged to comply with its obligations in respect of the other party. Spacified will be entitled to suspend the performance of its obligations for the duration of the force majeure. Force majeure shall be taken to mean any circumstance beyond its control which entirely or partially prevents compliance with its obligations in respect of the other party.
11. Intellectual property All intellectual property rights and derived rights continue to be retained by Spacified. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
12. Processing of personal data The information you have stated is necessary for the correct technical operation of the website. If these data are missing, it is impossible to add an ad. Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the Spacified website.
13. Applicable law and competent court Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from Spacified or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.