General Terms and Conditions

  Legal information and general terms and conditions 

I.    Legal information

Company name: SRL ChatelainXpert
CBE: 0554848710
Registered office: rue Sur Haies 2, 4550 Nandrin
Operating office: rue Sur Haies 7, 4557 Tinlot
Email: info@chatelainxpert.be
Telephone: 085 25 07 50.
Professional organisations: Abex, Cibex, Ugeb-Uleb and EEEI
Professional title: chartered surveyor – expert in property valuation
Country that granted this professional title: Belgium
Main characteristics of the economic activity: property valuations and property advice in the broadest sense; activities relating to Chartered Surveyors and property experts.
Professional liability insurance: AXA number 730.385.765
Bank account: ING BE72 6528 3717 1316

II. General terms and conditions

Article 1: scope of application

These general terms and conditions apply to all orders for services, hereinafter « the services », placed between the principal, hereinafter « the client », and SRL ChatelainXpert, whose registered office is established at 4550 Nandrin, rue sur Haies, 2, CBE No. 0554848710, hereinafter referred to as « the service provider ».

Any order placed implies the client's full adherence. By placing an order, the client acknowledges having read these general terms and conditions and the applicable rates, and having accepted them.

However, the agreement between the client and the service provider shall only enter into force once the service provider confirms acceptance of the assignment, which may be done by email or in writing.

These general terms and conditions may only be departed from by an agreement concluded in writing or by email between the service provider and the client.

Article 2: quotation and order

Our quotations are valid for a period of two months from the date on which these general terms and conditions and the price are communicated by email or in writing.

The prices indicated relate solely to the performance of the services described therein, to the exclusion of any other service. If additional services are requested by the client, a separate agreement, formalised in writing or by email, must be concluded between the service provider and the client.

The price quotation is made on the basis of the information provided by the client and the rates communicated by the service provider to the client by email.

In the event of any change to the service requested, the service provider is authorised to suspend its intervention pending the conclusion of a new agreement, in writing or by email, relating to the new services requested.

The client, if a consumer within the meaning of the Code of Economic Law, further acknowledges and accepts the following:

Article 3: price and payment

The services are invoiced by the service provider on the basis of the rate in force at the time the client's order is received.

The costs of printing and sending the valuation report drawn up by the service provider are borne exclusively by the client. These costs are fixed at a flat rate of €10 inclusive of VAT. Should the client request that the report be sent within 24 hours, and subject to the service provider's agreement, it shall be sent solely by email to the email address provided by the client to the service provider.

Any increase in VAT or any new tax imposed between the time of the order and the time the services are provided shall be borne by the client.

The price communicated to the client is payable at the latest at the time of the site visit carried out by the service provider, to the credit of the service provider's bank account number ING BE72 6528 3717 1316.

The second payment reminder, if it remains unsuccessful for at least fourteen days, shall entail payment by the client of an amount of €30.00 inclusive of VAT by way of compensation, increased by 10% of the invoiced amount, and shall also result in the application of a contractual interest rate of 10% per year, which shall likewise be charged to the client. However, if the invoiced amount is less than €150.00 inclusive of VAT, the compensation shall be €20, and the interest 10%.

Should the property concerned not be fully accessible (fully accessible and able to be visited by the service provider) at the time agreed between the service provider and the client, the client shall owe the service provider a flat-rate sum of €120.00 inclusive of VAT. Proof of this fact may be provided by any legal means.

Any request by the client to postpone or cancel a scheduled visit must be notified by email or in writing within the 24 hours preceding the agreed time for the visit. Failing this, the client shall owe the service provider a flat-rate sum of €50.00 inclusive of VAT.

Article 4: access to information – client cooperation

In order to enable the service provider to carry out its assignment, the client authorises the service provider to review the following documents and/or to request said documents from any person likely to hold them. The client further undertakes to provide said documents to the service provider upon first request. These are:

OWNERSHIP/LEGAL STATUS:
- the title deed or certificate of ownership;
- if the property forms part of a co-ownership, the minutes of the last 3 general meetings.

LAND REGISTRY/TOWN PLANNING:
- extract from the land registry matrix;
- extract from the land registry map;
- any town planning certificate (CU1 or 2);
- other authorisations (operating permits, regulated activities, etc.).

CONSTRUCTION:
- the plans or sketches of the building;
- the building or planning permit(s);
- the completion declaration and certificate of conformity;
- any disputes;
- the specifications;
- the energy performance certificate for the various units making up the property;
- the certificate(s) for the electrical installation(s);
- the certificate(s) for the building's gas installation(s);
- the subsequent intervention file (DIU).

RENTAL SITUATION:
- rental statement for the building (list of rents received);
- any leases;
- any sub-letting agreements;
- details of any rental disputes.

WORKS:
- the list of works recently carried out (or carried out since the property was acquired);
- if works are planned, the list of works and/or quotations in the form of a detailed phased plan setting out the various items, distinguishing works carried out by tradespeople from those carried out by yourself (own labour).

ENVIRONMENT:
- technical documentation and/or information relating to the environment that may have an impact on value (orientation study, characteristics study, soil pollution, etc.).

OTHER:
- any other document the expert may need in order to properly establish the valuation.

Article 5: The property valuation report.

As part of its property valuation assignment, the service provider provides the client with a valuation report.

This assignment involves a visit to the property. After finalisation of the client's order and payment of the price under the conditions defined herein, the client will receive a valuation report.

In this respect, the following is acknowledged and accepted:

1. The market value excluding acquisition costs is the price that a buyer is likely to pay, on the basis that the property is freely offered for sale (not a forced sale), that the transaction takes place on the date of the valuation, that the marketing period is reasonable, that prices remain stable during that period, and that no account is taken of any value of convenience for a buyer who may be in particular circumstances.

2. The service provider's opinion of value is carried out on the basis of the information provided by the client. This information is considered to be accurate. It is the client's responsibility to provide all the information necessary for this opinion of value. No guarantee can be given as to the surface area of the property under examination. The service provider does not carry out any analysis of legal documents or any check on the conformity of buildings, responsibility for which lies with other professionals.

3. The service provider's assignment is to assess the economic value of the property and does not include any technical and/or structural survey. The buildings have therefore been considered to be free of hidden defects and/or harmful materials such as, for example, asbestos, soil pollution, fibrous asbestos, dry rot or other. This opinion is drawn up on the assumption that no dangerous or prohibited material is present and therefore does not reduce the value of the property.

No tests are carried out on the electrical, heating or other installations. Nor are the drainage pipes checked. However, the service provider assumes that all installations are functioning satisfactorily. Town planning matters such as compliance with the sector plan in force, and the obtaining of and compliance with building permit(s) or other operating permit(s), do not fall within the scope of this opinion of value. Properties are valued on the basis that their current use complies with town planning regulations.

The client acknowledges that the valuation report does not, under any circumstances, relate to the condition of the buildings, their foundations, the ground or the installations, and cannot therefore in any way be treated as any form of guarantee in these respects. This valuation does not take into account any equipment or materials that do not form part of the technical installations of the buildings. Specifically excluded are all materials, equipment and other installations wholly or mainly linked to the occupants' activities.

Also excluded are furniture and furnishings, light fittings, wall lights, vehicles, storage units and mobile tools. No account has been taken of any goodwill (business assets - key money) arising from the current occupation of the property. For investment properties, no enquiry has been made into the financial soundness of the tenants. We assume that tenants are able to meet their financial obligations. We also assume that there are no significant rent arrears or any situation constituting a breach of lease. This report must be treated as confidential by the parties to whom it is addressed and is intended for their exclusive use. It may not therefore be used for any other purpose, or communicated to third parties, except with the agreement of our company.

4. The expert cannot be held liable for the use of this report by third parties.

5. Any sketch in the report may show approximate dimensions and is included to allow the reader to form a good visual impression. The expert has not taken the exact dimensions of the property.

6. The expert assumes that there is no hidden or unseen feature of the property, subsoil or structures that could positively or negatively influence the value of the property. The expert is not responsible for such factors or for the investigation required to detect such elements.

7. The buildings are assumed to have been constructed, after obtaining the required town planning authorisations, in compliance with the law, including in particular the legal requirements relating to occupation and operation, in accordance with the Housing Codes, unless otherwise stated.

8. With regard to valuations that depend on the satisfactory completion of construction, repairs or alterations, the valuation report and the resulting determination of value are based on the works being completed in a professional manner and in accordance with the plans and specifications. The works are assumed to comply with local safety standards and regulations.

9. Unless otherwise stated, the market value does not take into account any mention of (suspected) soil pollution.

10. The above values do not take into account any hidden defects, whether legal or physical (stability, easements, ground defects, etc.), with which the property may be affected.

11. The surface areas indicated have been calculated on the basis of a summary measurement.

12. The functioning of the electrical network, the heating system and the water supply network is not systematically checked.

13. No investigation has been carried out into the drainage network, the roof, the load-bearing structure or the foundations, unless otherwise stated.

14. The values are provided on the basis that the property is not in breach of town planning regulations, unless otherwise stated.

15. Any transfer of a residential unit must be accompanied in particular by an inspection of the low-voltage electrical installation, an energy performance certificate (PEB), a certificate confirming the absence of soil pollution, and a certificate of conformity/remediation of the oil tank; although these certificates have not been provided to us, they are, for the purposes of this valuation, considered to be in the process of being obtained and settled, as is likewise the cost of removing furniture, bulky items/waste, unless otherwise stated.

Article 6: privacy policy statement, confidentiality and use of cookies

Privacy policy

·    The service provider is responsible for the processing of the personal data it collects.

It takes the necessary measures to protect your data and to process it in accordance with the legislation in force, in particular the General Data Protection Regulation of 27 April 2016.

The service provider processes only the data it needs and does not retain it for longer than is strictly necessary to achieve the following purposes:

- management of the customer database and an overall view of the client;

- performance of its contractual assignments, in particular in relation to: property valuation; the production of energy performance certificates; the production of property condition reports; property advice, in particular within the context of town planning legislation.

Without this data, the service provider would not be able to carry out the assignments entrusted to it. Furthermore, the service provider has a legitimate interest in using your data in order to comply with its legal obligations.

Your data may be processed for the above purposes by the service provider, as well as by specialist sub-contractors used by the service provider for certain services such as data storage, IT support, etc. They must follow the service provider's instructions and comply with its privacy policy.

The service provider ensures that it obtains your permission whenever necessary. Save for any legal exception, as a client you have the following rights:

- you may revoke that authorisation;

- you have the right to know at any time which of your personal data we process and to what extent we use it;

- you have the right to have your personal data rectified;

- you also have a right to object, on serious and legitimate grounds, to the processing of your personal data;

- you have the right to object, without having to justify yourself, to the use of your personal data for direct marketing purposes;

- if the processing of your personal data is based on your prior consent, you have the right to withdraw that consent;

- you have the right to ask the service provider to erase your personal data or to restrict its processing. These rights are not, however, absolute. Any request will therefore be examined on a case-by-case basis. Erasure of your personal data could mean that the service provider is no longer able to provide you with certain services.

- you have the right to ask us to transfer your personal data.

You may exercise these rights free of charge by email to info@chatelainxpert.be or by post to SRL ChatelainXpert, for the attention of Mr Frédéric Chatelain, rue Sur Haies 2, 4550 Nandrin.

If you have any remaining questions, you can contact us by email at info@chatelainxpert.be. For any further information regarding the processing of your data, you may contact the Data Protection Authority.

Confidentiality

·              Subject to the foregoing, the service provider undertakes to treat as strictly confidential, and accordingly undertakes not to disclose to anyone, all or part of the information of any kind – commercial, industrial, technical, financial, or nominative data – communicated to it by the client.

This obligation shall remain in force throughout the performance of this contract and for a further period of ten years from its termination, for whatever reason.

The confidentiality obligation referred to above does not apply: - where the service provider needs to justify to the tax authorities entries made in the performance hereof; - to the disclosure of this contract and its appendices to the parties' lawyers, accountants and auditors, who are bound by professional secrecy towards their client; - where disclosure of this contract and its appendices is directly required by its application in order to assert legal rights; - to information forming part of the public domain; - to information disclosed by a third party entitled to do so. This contract shall not prevent the service provider from entering into similar agreements with other third parties carrying out similar or different activities.

·    The service provider uses Google Analytics to collect statistics on our website. These statistics are collected anonymously and enable it to improve the use of its services on the basis of the data collected.

Use of cookies

We wish to inform users of the website https://chatelainxpert.be/ about the use of cookies. Cookies are small text files placed on the hard drive of the computer of a website's visitors. They contain information, such as the visitor's language preferences, so that the visitor no longer has to enter them on their next visit. Some cookies ensure that a website is displayed in a visually polished manner, while others ensure that an application on the site functions correctly. Other cookies are used to collect statistics relating to our visitors, thereby enabling us to improve our website in future.

To block cookies, simply adjust your browser settings. To do so, refer to your browser's help function. Please note, however, that if you disable cookies, some graphic elements may no longer appear as intended, or you may no longer be able to use certain applications.

By continuing to use the website https://chatelainxpert.be/ without blocking cookies in your browser settings, the visitor accepts their use.

You may remove the cookies installed on your computer or mobile device at any time. »

Article 7: liability

- The service provider is bound only by an obligation of means;

- It is acknowledged and accepted by the parties that, in order to carry out its assignment, the service provider relies on the elements visible at the time of the site visit and/or the documents provided and/or the information made available to it.

It is likewise acknowledged and accepted by the parties that, with regard to the performance of its assignment, the service provider further relies on the following principles:

(1) The absence of asbestos or other potentially dangerous materials used during construction;

(2) The absence of any soil (or subsoil) pollution or other hidden defects;

(3) The property's compliance with the legislation in force;

(4) The proper functioning of the technical installations (electricity, heating, other), the sanitary installations and the drainage networks;

(5) That the property has any authorisations or permits that may be required and that its current use complies with those authorisations or permits;

(6) That there are no town planning plans liable to affect the valuation and that the owner holds proper and valid title to the property;

It is not the service provider's responsibility to verify these working assumptions. Where applicable, the client may seek the assistance of specialists in the field. Nor is the valuation report a guarantee of the property's conformity.

If the property is let, the valuation report does not comment on the solvency of the tenants.

Article 8: termination and/or rescission for the client's default

The foregoing provisions do not contain any waiver of the service provider's right to claim, at its discretion, in the event of non-payment or non-performance by the client of its contractual obligations, the rescission or termination of the agreement together with damages.

In the event of termination-rescission of the contract for the default of one of the contracting parties, a flat-rate indemnity of 30% of the total price shall additionally be owed to the other party.

The foregoing provisions do not prejudice the right of the parties to claim full compensation for their loss if they provide proof thereof.

Article 9: Miscellaneous

AMENDMENT OF THE CONTRACT: Any amendment to the contract may only be made in writing or by exchange of emails.

INVALIDITY: If one or more provisions of this contract are held to be invalid or are declared as such pursuant to a Law, a Regulation, or further to a final decision of a competent court, the other provisions shall retain their full force and effect.

Where applicable, the parties shall negotiate in order to agree on one or more provisions that would make it possible, as far as possible, to achieve the objective pursued by the clause(s) rendered invalid.

Article 10: applicable law and jurisdiction

The contract concluded between the Service Provider and the client is governed by Belgian law.

Any dispute whatsoever must first be the subject of an attempt at amicable settlement before it may be submitted to the Courts and Tribunals.

Any dispute relating to the validity, interpretation and/or performance of a contract concluded with the Service Provider shall be submitted exclusively to the courts within the jurisdiction of the Court of Appeal in which the service provider's registered office is located.