GENERAL CONDITIONS OF USE
General Conditions of Use (in force since 18/01/2024)
the account that the Customer needs to create on the Website in order to use the Online Services, including all functionalities of the app;
any Customer who, for non-professional purposes only, is in a contractual relationship with RAFC;
the natural or legal person who creates an Account and is in any kind of contractual relationship of any kind with RAFC;
has the meaning given to it in Article 1;
RAFC NV, with its registered office at Oude Bosuilbaan 54A, 2100 Deurne, registered with the Crossroads Bank for Enterprises under the enterprise number 0839.407.415 (LER Antwerp, Antwerp Division);
the website, blogs, forums, discussion pages and other online applications made available by RAFC and accessible at the URL: https://royalantwerpfc.be.
These General Terms apply to any transaction that takes place between RAFC and its Customers/Consumers either directly, in writing, or through the Website, mobile applications, ticket shops, wireless (wifi, bluetooth) networks, software, membership and other (online) products and services (Online Services).
These General Terms also govern, in addition to the Online Services, the entire contractual relationship between RAFC and the Customer for any purchase of products or services, to the exclusion of the Customer's general terms and notwithstanding any conflicting provisions set forth on any Customer document. The present General Terms cannot be deviated from except by an express written agreement to the contrary.
If the Customer places an order through the Online Services, website, mobile applications, ticket shops etc., the Customer expressly agrees to the provisions of these General Terms by:
- Making use of the Online Services; or
- Selecting the "accept" option on the screen when registering the Customer's Account.
The Customer undertakes not to use the Online Services for personal commercial purposes or commercial purposes of one or more third parties.
The Customer warrants that the information or content that the Customer transmits or makes available through the Online Services does not contain any misleading, intentionally false or unlawful data.
The Customer undertakes not to unlawfully burden the operation of the Online Services or to store and process their content in an automated manner for its own commercial purposes.
RAFC will only be bound and an agreement will only be formed after the order for products or services, whether directly, in writing or through Online Services, has been expressly confirmed and accepted by RAFC.
By placing an order, the Customer expressly agrees to these General Terms as well as any general terms of third parties with whom RAFC cooperates. These General Terms are available to the Customer through the Online Services and may be saved and retained by users.
RAFC reserves the right to accept or refuse an order, in whole or in part, without giving any reason.
After the acceptance of the order, the Customer is invited to pay the price (in EUR incl. VAT) and, after payment by the Customer, RAFC makes the necessary arrangements for delivery to the address indicated in the delivery method chosen by the Customer.
Payment, unless waived in writing by RAFC, must be made immediately upon completion of an order using one of the payment options made available.
If the Customer chooses to pay by credit card, the general terms of the card issuer will apply to this payment. RAFC is not a party to the relationship between the Customer and the card issuer and can therefore never be held liable in this regard. The payment is only effective from the moment the funds in question reach RAFC, notwithstanding any agreements between the Customer and the card issuer.
In the event of full or partial non-payment of the total price due on the due date, the necessary recovery procedure will be initiated in accordance with the legal ceilings on interest and fixed damages.
RAFC expressly reserves the right of ownership of the delivered products until the full payment of the price, including interest, costs and possible damages. Until such time the Customer is expressly prohibited from disposing of the products, using them as a means of payment, pledging or encumbering them with any security right. Without prejudice to the retention of title, all risks relating to the delivered products already pass to the Customer at the time of delivery.
Upon receipt of payment, RAFC will deliver the products ordered by the Customer, except where applicable laws and regulations, such as, but not limited to, in the context of soccer match security, would require RAFC to refuse or cancel the order or prohibit RAFC from delivering the ordered products.
The delivery time is always indicative only and is never binding for RAFC.
RAFC shall not be held liable in any way for any damages, expenses or costs resulting from late delivery.
In case of late delivery due to RAFC, an additional period for delivery will be given at the Customer's request. If RAFC also does not or cannot deliver the products within the additional deadline, the Customer will be entitled to cancel the order free of charge without judicial intervention and with simple notification. In this case, the amounts already paid will be refunded within 30 days.
The Customer agrees to take appropriate possession of the product at the date and time reasonably communicated to the Customer by RAFC. Where the Customer is unable to take delivery or collect the ordered product at the agreed date and time, RAFC may leave a notification for the Customer which includes instructions on a second delivery attempt or the possibilities of collection from the partner in charge of transport. All resulting costs shall be borne by the Customer.
6. Defects/ Risk
The Customer undertakes to check the products for defects, deficiencies or visible damage at the time of delivery and in any case before proceeding to sign the receipt that he may be asked to sign. The Customer must keep a proof of receipt of the product delivered (if offered) for any future disputes in this regard.
All risks associated with the product shall pass to the Customer at the time of delivery, except where delivery must be delayed due to a failure of the Customer's obligations, in which case the risk shall pass to the Customer on the date that delivery would have occurred if the Customer had not failed in its obligations. Once risk has passed to the Customer, RAFC disclaims all liability in the event of loss, destruction or other damage to the product.
RAFC does not warrant in any way that the products will meet Customer's personal requirements or be suitable for any particular specific use or purpose.
Complaints regarding the delivered service or product must reach RAFC within 7 calendar days after delivery.
7. Cancellation and Rescission
RAFC reserves the right to cancel an order and rescind an agreement with a Customer if the product is unavailable for any reason or if applicable laws and regulations, such as those relating to soccer safety or the prevention of money laundering, among others, authorize or require RAFC to do so. The Customer will be informed immediately without RAFC being obliged in any way to justify such cancellation and dissolution on the merits. Any amount already paid will be refunded as soon as reasonably possible.
RAFC guarantees that the products will be delivered undamaged, in the quantities ordered and in compliance with the latest documentation published by the manufacturer, as stated on the Online Services or in the description of the product at the time of the order.
In the event of complaints or if the products are found to be defective, the Customer undertakes to keep the products in the same condition and return them within a reasonable period of time for RAFC to inspect them.
If RAFC should find that the product in question has been (i) misused, or (ii) damaged by the Customer or a third party or (iii) used contrary to the instructions for the product or those of the manufacturer or (iv) affected by normal wear and tear, then RAFC may, at its sole discretion, decide not to repair, replace or refund the Customer for the product and all reasonable costs incurred in connection with RAFC's intervention will be passed on to the Customer.
Complaints or disputes must under penalty of nullity and voidness be made within 7 calendar days after delivery and this by registered mail.
9. Limited Liability
RAFC undertakes to perform its obligations under these General Terms in accordance with reasonableness and the rules of the art. However, unless expressly provided otherwise, RAFC is only subject to a best efforts obligation.
Regardless of the nature of the loss or claim, in no event shall RAFC be held liable for any indirect, incidental or consequential damages, such as but not limited to (i) loss of revenue; (ii) loss of actual or anticipated profit; (iii) loss of clientele; (iv) loss of reputation or (v) loss of, damage to or corruption of data, whether or not such damages were foreseeable.
Moreover, except in cases of fraud, intentional wrongdoing or gross negligence, RAFC's contractual and extra-contractual liability is always limited to the amount of the price paid by the Customer to RAFC for the product or services which gave rise to the claim, with a maximum of EUR 250.00 per claim.
10. Force Majeure
RAFC is not responsible for cases of force majeure, and more specifically situations that make it impossible for RAFC to reasonably perform its obligations under the agreement concluded with the Customer.
If a case of force majeure on the part of RAFC lasts longer than 30 days, the Customer is entitled to cancel the order.
Any notification must be made in writing by registered letter with acknowledgement of receipt or by email addressed to email@example.com.
Any notice sent by mail shall be deemed to have been received three business days after it was mailed, if the recipient's address is in Belgium.
12. Specific conditions for the consumer customer
12.1 RIGHT OF WITHDRAWAL
Subject to specific provisions and to the exceptions listed below, the Consumer Customer has the right to notify RAFC in writing that he or she is renouncing any purchase he or she has made, without payment of any penalty and without giving any motive, within fourteen calendar days from the day following the delivery of the product or - in case he or she has concluded a service contract - within fourteen calendar days from the day following the conclusion of the service contract.
The product must then be returned to RAFC in the condition in which the Consumer Customer received the product, within fourteen days of the day on which the Consumer Customer notified RAFC of the decision to withdraw from the contract, indicating his or her bank account number.
If the Consumer Customer has exercised the right of withdrawal as stated in the previous paragraph, RAFC shall, within fourteen days of the day on which RAFC is informed of the Consumer Customer's decision, arrange for the repayment of the amount paid by the Consumer Customer to RAFC using the same means of payment as that used by the Consumer Customer in the original transaction, unless the Consumer Customer agrees to a different means of payment.
There is no right of withdrawal when the product and its packaging are no longer in their original, complete, undamaged and unused condition. The Consumer Customer will only be allowed to handle and inspect the purchased product as he or she would be allowed to do in a store.
All enclosed documentation, warranty certificates and packaging materials must be included with the return shipment. The return shipment must be made by the same route as the delivery.
RAFC shall never be liable for any damage - including theft or loss - caused to the packaging or product upon return.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
However, the Customer cannot exercise a right of withdrawal for:
- match tickets and tickets giving access to an event, in particular not if the match or event takes place within the period within which the right of withdrawal applies;
- Personalized or customized products;
- any other legally excluded products, such as, but not limited to, those that spoil quickly or have a limited shelf life.
In case a product was obtained with a gift voucher or discount coupons, RAFC reserves the right to refund all amounts following the revocation upon return of the products by crediting the Consumer Customer's Account with the amount of his or her order.
For the Customer Consumer, a maximum delivery period of 30 days shall always apply from the day following that on which the Consumer Customer has sent and paid for his order to RAFC.
13. Specific conditions regarding tickets
Tickets will not be refunded or exchanged under any circumstances, except as otherwise provided on the Website or in the event of cancellation or rescheduling of the match or event, unless this is due to force majeure.
There is no right of withdrawal for tickets. The order and/or purchase and/or possession of a ticket does not affect RAFC's right to refuse admission to the stadium for any reason whatsoever (e.g. in the event that the Customer is subject to a stadium ban or if the ticket has not been purchased through an official sales channel).
RAFC cannot, under any circumstances, be held responsible or liable for any damage or consequences arising from measures concerning matches imposed by third parties, such as measures taken by public authorities (mayor - police forces), measures imposed by soccer authorities and bodies in the context of security and public order.
The Customer and the holder of the ticket in question 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, RAFC cannot be held responsible or liable for possible accidents in the stadium. The bearer of an admission ticket undertakes to behave in accordance with the rules of the internal regulations as posted at the entrance to the stadium and in the places provided for that purpose, and the Customer expressly guarantees this.
Admission tickets are personal and may not be transferred ( resold/passed on) to third parties. However, RAFC season ticket holders may make their seats available for resale by the club. The subscriber is compensated through a voucher that can be used for future season ticket purchase.
In accordance with the law on the sale of tickets to events dated July 30, 2013, it is strictly prohibited: (i) the regular resale of tickets, (ii) the performance with a view to regular resale and the provision of funds used for a regular resale, (iii) the occasional resale at a price higher than the stated admission price, (iv) the performance for the purpose of occasional resale and the provision of funds used for an occasional resale if the resale is at a price higher than the stated ticket price, (v) the resale before the start of the original sale, (vi) the sale of a privileged or promotional ticket for which there was no original sale. The presentation for the purpose of resale and the provision of funds used for a resale are also prohibited for the sale of a privileged ticket, as well as a promotional ticket, for which there has been no original sale.
Violations are subject to sanctions, including, but not limited to, the suspension or termination of the Account of the affected Customer and the invalidation of the ticket denying access to the Customer or the holder of the ticket.
In accordance with UEFA regulations applies:
- · Subject to prior written agreement from UEFA it is strictly prohibited:
- to carry out any promotional or commercial activity in the stadium;
- to use tickets for a commercial purpose, such as for promotional purposes, advertising, use as a prize in a contest/sweepstake or as part of hospitality or travel package;
- for persons attending a game, to record, distribute or exploit any sound, image, data, statistics and/or description of the game for any use other than for private purposes.
- · All persons attending a game acknowledge that their voice, image and/or anything similar may be used (free of charge) in still images and audio/visual broadcasts of the game.
14. Liability in the event of use of RAFC's online services
RAFC is not liable for the accuracy or completeness of the information found through its Website, application and its other Online Services.
Moreover, 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 therefore cannot be considered personal, professional or legal advice to the Customer.
RAFC does not give any guarantee regarding the proper functioning of the Website and the Online Services and cannot be held liable in any way for any malfunction or temporary (un)availability of the Website and the Online Services or for any form of damage, direct or indirect, that would result from the access to or use of the Online Services.
The Online Services may contain links to or indirectly refer to third-party websites or pages. The inclusion of links to these websites or pages does not imply in any way an implicit approval of their content. RAFC expressly declares that it has no control over the content or other characteristics of these websites or pages and cannot under any circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use.
The Online Services may contain information, data, images, works, data, texts, video material, databases, trademarks, trade names, domain names and other materials and data of RAFC and of third parties, which are protected by (intellectual) property rights, including by way of examples, the Benelux image and word marks with registration numbers 1336901, 1336902, 1336903 and 1336904.
Customer agrees not to use, copy, edit, decompile or otherwise exploit these materials and data (i) without the prior and written consent of RAFC or the relevant third party or (ii) in a manner that infringes the aforementioned rights of RAFC or third parties.
If the Customer sends, posts, publishes, communicates or otherwise uses any information, data, images, works, text, video material or other materials and data on or through the Online Services, the Customer undertakes and warrants that he himself has the necessary rights thereto or has obtained the permission to do so from the right holder(s) in order to provide RAFC with the right of use as provided in Article 2. In any event, the Customer shall indemnify RAFC for any damage RAFC may suffer as a result of the unauthorized use of such works, materials and data and shall provide full assistance, upon RAFC's first simple request, in any such claim.
15. Miscellaneous provisions
Any failure or delay by Customer or RAFC in exercising any right under these General Terms shall not be deemed a waiver of any right, and shall not affect any other or further event or impair any right or remedy with respect thereto or in any way affect or modify RAFC's or Customer's rights under these General Terms.
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 RAFC. 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.
Customer is not permitted to transfer any order to which these General Terms apply or any right or obligation thereunder in whole or in part to a third party without the prior written consent of RAFC.
Nothing in these General Terms shall create or be deemed to create a partnership, agency or employer-employee relationship between RAFC and the Customer.
If any provision (or part of any provision) of these General Terms should be unenforceable, void, inapplicable or in conflict with any provision of mandatory law, it will not affect the validity and enforceability of the other provisions of these General Terms. In such a case, RAFC and the Customer will negotiate in good faith to replace the provision in question with an enforceable and legally valid provision that is as close as possible to the purpose and intent of the original provision.
RAFC has the right to change these General Terms at any time. All changes will be published online. With each new use, the latest version will apply.
17. Applicable law and disputes
These General Terms are subject to Belgian law.
Any dispute regarding the interpretation or application of these General Terms shall fall within the jurisdiction of the courts of the judicial district of Antwerp, Antwerp section.