Online sales terms

Our details are: KRC Genk VZW, Stadionplein 4, 3600 Genk, with company number 0434.825.462 (hereinafter "KRC Genk", "we" or "us").

1 General

1.1 Unless expressly agreed otherwise in writing, these Online Terms and Conditions of Sale (hereinafter referred to as the "Terms of Sale" or "Conditions") apply to and form an integral part of all online offers, orders and sales agreements made or concluded through KRC Genk's websites, mobile applications, ticket shops, software and other online products and services (the "Online Services"), to the exclusion of the customer's own general or specific (purchase) conditions.

1.2 KRC Genk reserves the right to change these terms and conditions at any time. All changes will be published online. By continuing to use the Online Services after the amended terms and conditions have been published online, you will be deemed to have tacitly agreed to the amended terms and conditions.

2 Order

2.1 The presentation of products and services via the Online Services is merely a non-binding invitation to order products or services from KRC Genk. By placing your order you make a binding offer to conclude a purchase agreement. KRC Genk will only be bound and the sales contract will only be concluded after your order has been confirmed and accepted in writing by KRC Genk. KRC Genk reserves the right whether or not to accept an order.

2.2 By placing an order via the Online Services, you expressly agree to the terms and conditions of sale as published by KRC Genk at the time of placing your order. You are solely responsible for reading the applicable terms and conditions of sale before placing your order.

2.3 After you have placed your order and it has been confirmed by KRC Genk, you will receive an invitation to pay the price of your order.

2.4 After KRC Genk has received your payment, your order will be completed and delivered in the manner of delivery chosen by you, of which any additional costs for delivery will be communicated to you in advance.

2.5 If, after placing your order, you discover that you have made a mistake with your order, please contact info@krcgenk.be immediately by e-mail.

3 Payment

3.1 Our invoices are payable in cash at our registered office, without discount, unless otherwise stated on the invoice. No deductions or compensations may be made on the invoiced amounts.

3.2 In the event of total or partial non-payment of an invoice on the due date, interest shall be payable, ipso jure and without any notice of default, at the rate of 1.5% per month. Each month started shall be charged as a full month. In the event of total or partial non-payment of the invoice on the due date, an amount of 15% of the outstanding invoice amount, with a minimum of 50.00 euros, without prejudice to the possible costs of assistance by a lawyer, will also be charged by operation of law and without any notice of default by way of fixed compensation and without prejudice to conventional interest.

3.3 KRC Genk expressly reserves the right of ownership of the delivered products until full payment of the price, interests and costs. Until such time, the customer cannot alienate the goods or dispose of them in any way and/or make changes to them. In the event of late payment, we shall be entitled to collect the goods from the customer at his risk and expense, without the need for legal intervention. Without prejudice to the retention of title, all risks relating to the delivered goods are already transferred to the customer at the time of delivery.

3.4 KRC Genk shall accept payments with VISA and MASTERCARD. If you choose to pay by credit card, the amount will be debited from your card immediately after your confirmation of payment. Please note that the transaction amount will be charged directly to your credit card at the time of the transaction.

4. Delivery

4.1 Upon receipt of your payment, we are obliged to deliver to you the products ordered by you, except where applicable laws and regulations, such as those relating to the safety of soccer matches, would oblige us to refuse or cancel your order or prohibit us from delivering to you the products ordered by you.

4.2 We will do our best to deliver the products to the delivery address you provided when placing your order within the estimated delivery time indicated by us at the time of ordering. However, the indicated delivery time is not binding and KRC Genk cannot be held liable in any way for any loss, damage, costs or expenses resulting from late delivery.

4.3 You agree to inspect the products for defects, shortcomings or visible damage at the time of delivery and in any case before signing the receipt that may be requested. You must retain proof of receipt of the delivered product for any future disputes in this respect.

4.4 Please note that it may be impossible for us to deliver to certain locations. If this is the case, we will inform you via the contact details you provide us with when placing your order. We will take the necessary steps to cancel your order free of charge or arrange for delivery to an alternative address. We only deliver to Belgium. We deliver in our standard packaging. We reserve the right whether or not to respond to any special packaging requirements you may have and to charge you for the additional costs involved.

4.5 All risks associated with the product shall pass to you at the time of delivery, except when the delivery must be postponed due to a breach of your obligations, in which case the risk shall pass to you on the date that the delivery would have taken place if you had not breached your obligations. As soon as the risk has been transferred to you, KRC Genk declines all liability in the event of loss, destruction or other damage to the product. You should exercise caution when opening the product to avoid damaging it, especially when using sharp objects.

4.6 You undertake to take receipt of the product in an appropriate manner at the date and time reasonably communicated to you by KRC Genk. If you are unable to take delivery or pick up the ordered Product at the agreed date and time, we may leave a notice for you with instructions on a second delivery attempt or pick up from the transport company. If delivery or collection is delayed due to your unreasonable refusal to accept delivery or collection, or if you do not accept delivery or collection from the carrier, we may (without prejudice to any other right or action available to us) take either or both of the following steps: (i) charge you reasonable storage and other reasonable costs incurred by us; or (ii) make the Product unavailable for delivery or collection and notify you that we will immediately cancel the relevant agreement. We will then refund to you or your financial institution any amount already paid by you to us under the relevant agreement, deducting any reasonable administrative costs incurred by us (including attempted delivery and subsequent return of the Product as well as any other storage charges).

4.7 It is your responsibility to ensure that the products meet your needs and personal requirements. We do not guarantee in any way that the Products will meet your personal requirements or be suitable for a particular specific use or purpose. You expressly acknowledge that the products are standard and not tailored to meet your individual, personal requirements.

5 Cancellation and Dissolution

5.1 KRC Genk reserves the right to cancel an order and dissolve a contract if the product is unavailable for any reason whatsoever or if the applicable legislation and regulations, such as, inter alia, in connection with the safety of soccer matches, authorize or require us to do so. In this case, we will contact you immediately and refund any amount you have already paid within 30 days following the notification of cancellation of your order. We will refund any amounts you have transferred using the same payment method you used to pay for the product.

6 Right of revocation

6.1 Subject to specific provisions and the exceptions mentioned below, as a consumer you have the right to inform KRC Genk in writing that you renounce any purchase you have made via the Online Services, without payment of a penalty and without giving a reason, within fourteen calendar days from the day following the delivery of the goods or - in case you have concluded a service contract - within fourteen calendar days from the day following the conclusion of the service contract.

6.2 You may use the revocation form attached to the delivery of the purchase, if applicable, or you may issue another unambiguous declaration to this effect in which you declare to revoke the contract, or you may use for this purpose the "model revocation form" which can be found on the website of the Federal Public Service Economy. Once you are in possession of the product, you are obliged to keep it and take appropriate care of it. The product must be returned to us in its original condition.

6.3 However, you cannot exercise a right of withdrawal for:

(i) match tickets and tickets giving access to an event;
(ii) the supply of products made to your specifications (personalised and/or custom-designed items such as clothing with a personalised name) or of products clearly intended for a specific person;
(iii) the supply of goods that spoil quickly or have a limited shelf life;
(iv) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
(v) the delivery of goods which, by their nature, have been irrevocably mixed with other products after delivery;
(vi) the delivery of sealed audio and sealed video recordings and sealed computer software the seals of which have been broken after delivery;
(vii) the delivery of newspapers, magazines or periodicals, with the exception of contracts for subscription to such publications;
(viii) contracts concluded during a public auction;
(ix) the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the agreements provide for a specific date or period of performance;
(x) the supply of digital content which is not supplied on a tangible medium, if performance has commenced with your express prior consent;

You acknowledge that you lose your right of withdrawal in the above cases.

6.4 If you or we have validly cancelled or revoked the order, we will refund any payment already made to us by you or your financial institution for the order of the product as soon as possible, and in any event within 30 days following your cancellation or revocation. In the event that a product has been obtained using gift vouchers or discount vouchers, we reserve the right to refund all amounts following your revocation upon return receipt of the products by crediting your account with the amount of your order.

7 Specific conditions for the online order and/or purchase of tickets

7.1 Tickets will under no circumstances be refunded or exchanged, except in the event of cancellation or rescheduling of the match or event, unless this is the result of force majeure. For tickets there is no right of withdrawal or right of renunciation. Order and/or purchase and/or possession of a ticket does not affect the right of KRC Genk to refuse admission to the stadium for any reason whatsoever (e.g. in case of a stadium ban or if the ticket was not purchased through an official sales channel). In no event can KRC Genk be held responsible or liable for any damage or consequences arising from measures relating to matches imposed by third parties, such as measures taken by the government, measures imposed by soccer authorities and bodies, by public order, etc.

7.2 The registered purchaser, the transferor and the holder of the admission ticket are jointly and severally liable for the damage caused by the latter at the places to which it grants access. Except in cases of legal, objective liability, KRC Genk cannot be held (civil) responsible or liable for possible accidents in the stadium. The bearer of the admission ticket undertakes to behave in accordance with the rules of internal order as displayed at the entrance of the stadium.

7.3 In accordance with the law on the sale of admission tickets to events of 30 July 2013, it is strictly forbidden: (i) the regular resale of tickets, (ii) the presentation with a view to regular resale and the provision of resources used for regular resale, (iii) the occasional resale at a price higher than the stated admission price, (iv) the presentation for the purpose of an occasional resale and the provision of funds to be used for an occasional resale if it is a resale at a price higher than the stated admission price, (v) the resale before the start of the original sale, (vi) the sale of a preferential or promotional admission ticket for which there was no original sale. The presentation with a view to resale and the provision of means used for a resale are also prohibited for the sale of a preferential ticket, as well as a promotional ticket, for which there was no original sale. Infringements are subject to penalties.

7.4 The collection and/or transmission and/or production and/or dissemination of any information or data regarding match developments, conduct or any other factor in any game, or any kind of recording of any audio, video or audio-visual material in any game (whether by use of electronic devices or otherwise) for the purposes of any form of betting, gambling or commercial activities that have not been authorised in advance or for any other purposes that violate these terms and conditions, is strictly forbidden at the Stadium, except where authorisation or permission is expressly granted by the Pro League and the Club. Mobile phones may only be used for personal, private use. In the event of a breach of these terms and conditions, visitors may be refused access to or removed from the Stadium.

8 Defective Products

8.1 We guarantee that the product will be delivered undamaged and in the quantities ordered and that the product complies with the latest instructions published by the manufacturer, as stated on the Online Services or in our description of the product at the time of your order.

8.2 The product is only intended to be used in accordance with the instructions as stated on our Online Services or in our description of the product as such. It is your responsibility to ensure that you use the product only in accordance with these instructions.

8.3 We make every effort to deliver the products in perfect condition. However, if you notify us that the products are defective, you agree to keep the products in their current condition so that we can inspect them within a reasonable period of time. In order to provide you with a solution for a defective product, we may need your help and prompt communication of certain information regarding the product. If you would like us to repair, replace or refund the product when it is found to be defective, and we find that the product (i) has been misused, abused, neglected, inadequately cared for, not cared for, damaged or used abnormally, or (ii) has been involved in an accident or has been damaged by an improper attempt to modify or repair it; or (iii) has been used contrary to our or the manufacturer's instructions for the product; or (iv) has been affected by normal wear and tear, after delivery by us, then we may, at our discretion, decide not to repair, replace or refund the Product to you and/or we may require you to pay all reasonable carriage and service charges based on our current standard rates and we may charge you for this using the payment details you provided to us when placing your order. To the fullest extent permitted by law, we shall not be liable for any loss, liability, cost, value, expense or expense arising therefrom.

9 Use of gift vouchers and discount vouchers

9.1 We are not liable for the loss, theft or illegibility of discount vouchers, gift vouchers or club cards.

10 Limitation of Liability

10.1 KRC Genk pays a great deal of attention to the information provided via the Online Services, but cannot in any way guarantee the accuracy or completeness of the information. The information provided through or in relation to the Online Services is of a general nature, is not adapted to personal or specific circumstances, and can therefore not be considered personal, professional or legal advice to the user. KRC Genk cannot be held liable for any damage, of whatever nature, resulting from actions and/or decisions based on said information and/or use of documents or resulting in any way whatsoever from the use of the Online Services.

10.2 KRC Genk does not give any guarantee with regard to the proper functioning of the Online Services and cannot be held liable in any way whatsoever for a malfunction or temporary (un)availability of the Online Services or for any form of damage, direct or indirect, that would result from access to or use of the Online Services.

10.3 KRC Genk can under no circumstances be held liable to anyone, directly or indirectly, in any special or other way, for damage due to the use of the Online Services, especially as a result of links or hyperlinks to other websites, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

10.4 The Online Services may contain hyperlinks to websites or pages of third parties or refer to them indirectly. The placing of links to these websites or pages does not imply in any way an implicit approval of their content. KRC Genk expressly declares that it has no control over the content or other characteristics of these websites or pages and can in no event be held liable for their content or characteristics or for any other form of damage resulting from their use.

10.5 KRC Genk undertakes to perform its obligations under these terms and conditions of sale with reasonable care and skill. However, KRC Genk is under no obligation of result.

10. 6 Regardless of the nature of the damage or claim, in no event shall KRC Genk be liable for any indirect, incidental or consequential damages, such as, but not limited to (i) loss of sales; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of business; (vii) loss of productive time; (viii) loss of opportunity; (ix) loss of goodwill; (x) loss of reputation; or (xi) loss of, damage to or corruption of data, whether such loss or damage is foreseeable, known, foreseeable or in any other form.

10.7 The liability of KRC Genk with respect to the Online Services shall in any event always be limited to either the refund of the price paid by the customer or the re-performance of the Online Services, at the option of KRC Genk.

10.8 The total liability of KRC Genk shall always be limited to the amount of the price paid by the customer to KRC Genk for the Online Services that gave rise to the claim, with a maximum of EUR 100.00 per claim.

10.9 These above limitations of liability of KRC Genk apply both to any liability expressly provided for in these Terms and Conditions and to all liability arising from the invalidity or unenforceability of any other clause in these Terms and Conditions.

11 Warranty and complaint management

11.1 We will perform our obligations under these terms and conditions with care and skill. We are committed to the satisfaction of our customers. Complaints or disputes must be made within eight days after the fact or incident which is the subject of the complaint or dispute, under penalty of nullity and lapse, by registered letter.

12 Force majeure

12. 1 KRC Genk shall not be held liable for any failure or delay in the performance of any contract attributable to any external cause beyond KRC Genk's control, including but not limited to, any acts of God, actions of third parties (including but not limited to hackers, suppliers, government, quasi-autonomous non-governmental governments, supranational, federal, regional, provincial or local authorities), riots, civil unrest, war, hostilities, military operations, national disasters, terrorism, terrorist threats, piracy, arrests, coercion exercised by a competent authority, strikes and/or lock-out, epidemic, fire, explosion, storm, flood, drought, extreme weather conditions, earthquakes, natural disasters, accidents, mechanical defects, third-party software, failures or problems with public utilities (including failure of electricity, telecommunications or the Internet), lack of or inability to be supplied with materials, equipment and/or transportation, regardless of whether the circumstances in question could be foreseen.

12.2 Both KRC Genk and the customer will be entitled to terminate the contract immediately by giving written notice to the other party in the event the force majeure lasts longer than 2 working days, in which case neither party will be held liable towards the other party in connection with such termination (except for reimbursement of a product already paid for by the customer and which was not delivered).

12.3 If KRC Genk has entered into obligations to deliver identical or equivalent products to several customers and is prevented by force majeure from fully fulfilling its obligations towards all parties involved, KRC Genk shall be entitled to determine autonomously which agreements will be performed to which extent.

13 Notices

13.1 Any notification under a contract must be made in writing and may be delivered personally or by post or registered letter with acknowledgement of receipt or by e-mail to the relevant party at the last known address or e-mail address of the other party. Any notification by post shall be deemed to have been received two working days after it has been posted if the recipient's address is in Belgium. A notification by e-mail shall be deemed to have been received when the e-mail is demonstrably received on the recipient's server. As proof thereof, it shall be sufficient that the letter or e-mail was correctly addressed and, where appropriate, correctly stamped or sent as a registered letter with acknowledgement of receipt.

14 Final provisions

14.1 Failure or delay by you or us in exercising any right under these terms and conditions or a Contract will not be deemed a waiver of that right and will not affect any other or further event or prejudice any right or remedy in respect thereof or in any way affect or alter our or your rights under these terms and conditions or a Contract.

14.2 If any clause of these terms and conditions or any contract is or becomes invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of any other clause of these terms and conditions, in whole or in part.

14.3 The customer is not permitted to transfer any contract to which these terms and conditions apply or any right or obligation thereunder, in whole or in part, to a third party without the prior written consent of KRC Genk.

14.4 Nothing in these terms and conditions or in a contract may lead to the creation of a partnership, agency or employer-employee relationship between you and us or be regarded as such.

14.5 No person who is not a party to these terms and conditions or to any contract may obtain any rights or exercise any right under any provision of these terms and conditions, even if that person relies on such provision or has indicated to either party that he or she agrees to any provision of these terms and conditions or any contract.

15 Terms & Conditions & Privacy Policy

15.1 The provisions of our General Terms and Conditions and of our Privacy Policy form an integral part of these Terms and Conditions of Sale. In case of conflict of provisions, the provisions of these Online Terms of Sale take precedence.

15.2 A printed version of these Online Terms of Sale, the General Terms and Conditions and the Privacy Policy and of any warning and notice delivered in electronic form will be accepted in any judicial or administrative proceedings arising out of or relating to these Online Terms of Sale, the Privacy Policy and the General Terms and Conditions in the same manner and under the same conditions as other documents and commercial registers created and kept in printed form. All rights not expressly waived in this document are reserved.

16 Applicable law and disputes

16.1 All agreements to which the present terms and conditions apply shall be governed by Belgian law.

16.2 The courts of the registered office of KRC Genk NV have exclusive jurisdiction for all disputes that may arise in relation to these conditions or the Online Services to which they apply.