1. Identity and scope

Cross-Border Commerce Europe (VAT BE0695708348), a private limited liability company governed by Belgian law, with its registered office in Belgium, hereby establishes these General Terms and Conditions.

Unless expressly agreed otherwise in writing, these General Terms and Conditions apply to:

• membership schemes offered by Cross-Border Commerce Europe;
• partnership schemes offered by Cross-Border Commerce Europe;
• all services, products, events, training courses, certification and quality programmes offered by Cross-Border Commerce Europe;
• any agreement between Cross-Border Commerce Europe and its members, partners or other customers.

These general terms and conditions prevail over any other terms and conditions of the counterparty, which are expressly excluded.

By entering into a membership or partnership, or by making use of Cross-Border Commerce Europe’s services, the counterparty acknowledges having taken note of these General Terms and Conditions and irrevocably accepts them.

Modifications or amendments to the agreement and/or the general terms and conditions shall be valid only if these are foreseen in the agreement and/or there is written prior consent of both parties to the modifications and/or amendments.

2. Membership

2.1 Nature of the membership

A membership with Cross-Border Commerce Europe grants access to the network, knowledge sharing, publications, events and other benefits determined by Cross-Border Commerce Europe, as further described on the website or in Cross-Border Commerce Europe’s commercial documentation.

A membership does not confer any shareholding, power of representation or exclusivity.

2.2 Term and renewal

The membership is entered into for a fixed term of twelve (12) months. Unless terminated in writing at least three (3) months prior to the expiry date, the membership shall be tacitly renewed for successive periods of one (1) year.

2.3 Membership fee

The membership fee is payable annually and remains fully due to Cross-Border Commerce Europe. The membership fee to be paid is contractually agreed upon.

The membership fee may be adjusted annually in line with the evolution of inflation and the general cost structure related to the performance of the services.
The adjusted membership fee shall apply by operation of law as from the annual renewal of the membership.

Non‑payment may result in temporary suspension or definitive termination of the membership and the rights associated therewith.

2.4 Termination

Termination of the membership by the member must be effected in writing (by email or registered letter) three months prior to the expiry date of the membership. Membership fees already paid in the current financial year shall remain unaffected. Upon termination, the member undertakes to remove all references to Cross-Border Commerce Europe (logos, labels, mentions) from its communications.

3. Partnership

3.1 Nature of the partnership

A partnership with Cross-Border Commerce Europe is a commercial form of cooperation aimed at visibility, expertise sharing, joint initiatives, events, content or other forms of collaboration, as further specified in a partnership agreement or commercial offer.

A partnership does not imply exclusivity, unless expressly agreed otherwise in writing.

Cross-Border Commerce Europe offers four complementary partnerships:

• Market Research Partnership;
• Lead Gen / Advertising & Webinar Partnership;
• CBCommerceNEXT Knowledge Partnership;
• C-Suite Spring & Winter Events Sponsorship.

Partnerships are only for vendors operation in Europe.

3.2 Term and termination

Termination of the partnership must be effected in writing (by email or registered letter) three months prior to the expiry date of the partnership. Upon termination, the partner undertakes to remove all references to Cross-Border Commerce Europe (logos, labels, mentions) from its communications.

Cross-Border Commerce Europe reserves the right to terminate a partnership prematurely in the event of:

• non‑payment;
• reputational damage to Cross-Border Commerce Europe;
• a situation of bankruptcy, judicial composition, dissolution or liquidation, or is subject to insolvency proceedings of a similar nature under the laws of any jurisdiction;
• breach of these General Terms and Conditions or of the partnership agreement.

3.3 Use of name and logo

Partners are granted, for the duration of the partnership, a limited, non‑exclusive and non‑transferable right to use the name and/or logo of Cross-Border Commerce Europe, solely within the scope of the agreed cooperation.

4. Events

Each registration for a seminar, event or any other conference subject to an attendance fee is recorded by Cross-Border Commerce Europe upon receipt of the duly completed registration form. Cross-Border Commerce Europe is not obliged to confirm a registration.
Any cancellation of participation in a seminar, conference or event subject to an attendance fee must be made in writing.

Unless expressly stated otherwise in the invitation:

• the participation fee will be fully refunded if the cancellation is made at least ten (10) working days prior to the event;
• half of the participation fee will be refunded if the cancellation is made within ten (10) working days prior to, or on the day of, the event.

In all other cases, the full amount shall remain due.

5. Obligation of best efforts

Unless expressly stated otherwise, all obligations of Cross-Border Commerce Europe are obligations of best efforts. Cross-Border Commerce Europe does not guarantee any specific result of its services, advice, audits or programmes.

6. Limitation of liability

Cross-Border Commerce Europe shall only be liable for direct damage resulting from its wilful misconduct, fraud or gross negligence that is inexcusable.

Any liability for indirect damage, consequential damage, loss of profit, loss of data or reputational damage is excluded. In any event, the total liability of Cross-Border Commerce Europe shall be limited to the amount paid to Cross-Border Commerce Europe by the concerned party in the twelve (12) months preceding the damaging event.

7. Invoicing and payment

All invoices are payable within fifteen (15) calendar days, unless stated otherwise. In the event of non-payment on the due date, a fixed compensation of one point twenty-five percent (1.25%) per month, corresponding to fifteen percent (15%) per year, calculated on the outstanding principal amount, shall be due by operation of law and without prior notice of default, with a minimum of 125 EUR.

This compensation shall be increased by the applicable statutory interest rate as provided for in Article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions.

8. Force majeure

Cross-Border Commerce Europe shall not be obliged to fulfil its obligations in the event of force majeure, including but not limited to: strikes, fire, IT or network failures, pandemics, government measures or failure of third parties. In such case, Cross-Border Commerce Europe may suspend its obligations or terminate the agreement without compensation.

9. Complaints

Complaints must be submitted in writing via the contact point provided by Cross-Border Commerce Europe. Cross-Border Commerce Europe endeavours to handle complaints within a reasonable timeframe. If the matter concerns a complaint relating to an outstanding invoice, the dispute must be submitted in writing within fourteen (14) calendar days.

10. Website and Intellectual property

Cross-Border Commerce Europe may update and modify the content, configuration, or presentation of its website at any time without prior notice. Cross-Border Commerce Europe strives to ensure that all information provided by its website is as clear, understandable and appropriate as possible. It also makes every effort to avoid errors and, if they do arise, to fix and update them. Cross-Border Commerce Europe cannot, however, guarantee the absence of errors or that the content remains updated at all times.

All intellectual property rights relating to the name, logos, publications, labels, formats and communications of Cross-Border Commerce Europe belong to Cross-Border Commerce Europe or its licensors. The counterparty is granted only a non‑exclusive, non‑transferable and temporary right of use, strictly limited to the duration and purpose of the cooperation. The unauthorised reproduction, distribution, commercialisation, or transformation of these contents (unless legally permitted for personal or private use) constitutes an infraction of the intellectual property rights of Cross-Border Commerce Europe or the owner in question.

The total or partial reproduction, distribution, commercialisation, or transformation of any content on the website is prohibited unless authorised in writing by Cross-Border Commerce Europe. The printing and downloading of excerpts from the content on the website are permitted only in the case of personal or private use.

Requests for these may be sent to  info@cbcommerce.eu. To exercise the right to quote, one must mention Cross-Border Commerce Europe as the owner of the content excerpts or documents in question. One must also include that this website is the source of the information if such is the case. In those cases where the excerpts from content or documents found on the website are the property of a third party, one must indicate [owner name] as it is published on the website of Cross-Border Commerce Europe. Become informed about the process by email at the following address:  info@cbcommerce.eu.

Cross-Border Commerce Europe cannot be held responsible for the possible misuse of its website by third parties or the information passed on to third parties in the process. The contents of this website are mere of informative nature. Thus, the employment of this information on the user’s part and the potential consequences, damages or harm is solely the user’s responsibility. Cross-Border Commerce Europe reserves the right to take any legal action that it considers appropriate in response to the illegal use of the content on its website by third parties.

11. Protection of personal data

Cross-Border Commerce Europe processes personal data in accordance with applicable data protection legislation (GDPR). Each concerned individual has the right of access and rectification. They may object to the processing of these data for direct marketing purposes. In the absence of any objection, these data may be transferred to third parties.

More information is available in Cross-Border Commerce Europe’s privacy policy on its website.

12. Severability

If one or more provisions of these General Terms and Conditions are held to be null or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid provision with a valid provision that most closely reflects the original intent.

13. Applicable law and competent courts

Every agreement with Cross-Border Commerce Europe is governed by Belgian law.
Any dispute arising out of or in connection with these General Terms and Conditions may be submitted to the competent courts of the judicial district in which Cross-Border Commerce Europe has its registered office, without excluding the right of either party to bring proceedings before any other court having jurisdiction in accordance with applicable national or international law, including mandatory rules of international private law.

 

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