General terms and conditions
These general terms and conditions govern our relationships with the Customer. They apply to all of our agreements. These general terms and conditions apply exclusively, to the exclusion of any general terms and conditions of the Customer. These general terms and conditions cannot be deviated from except with our written approval. The Customer expressly accepts that his/her/its sole and full acceptance of these General Terms and Conditions follow from the mere fact that he/she/it places an order. The fact that we, at some point, do not appeal to a provision of these general terms and conditions cannot be interpreted as a waiver of our right to later appeal to the provision in question.
All of our offers, proposals and price lists are non-binding and merely indicative. The prices listed on our website do not have the status of an offer and may be withdrawn or changed without notice. To be valid, an order must be placed in writing. Each order binds the Customer irrevocably. An order may not be cancelled without our written consent. The agreement can be concluded only after the order has been approved in writing.
The goods are sold and considered to be approved in our offices and shops, regardless of their location, method and terms of delivery. They are sent at the expense and risk of the Customer. The prices include the goods delivered to our offices, excluding costs, packaging and taxes. Shipping costs are for the expense of the Customer.
Except in the case of an express written agreement to the contrary, the deadlines for delivery of the goods and the performance of the services are purely indicative. Any delay on our part cannot result in the application of a penalty clause or cancellation of the order.We reserve the right to make partial deliveries, which constitute partial sales. Partial delivery does not justify a refusal to pay for the delivered goods.Circumstances beyond our control that are of such a nature that we cannot reasonably be expected to execute the agreement, and force majeure, give us the right to terminate the agreement in whole or part without owing damage compensation. Without this list being exhaustive, the following are considered as such circumstances: the prohibition of imports or exports, measures imposed by official institutions that make it impossible, difficult or considerably more expensive to deliver the goods than it was at the time the agreement was concluded, the destruction of goods resulting from an accident, interruptions in rail or air traffic, strikes, fires, etc.
If it appears that the creditworthiness of the Customer deteriorates, among others if legal implementation measures are taken against it and/or if any events take place that jeopardise or make impossible the proper performance of the obligations, we reserve the right, even if the goods have already been entirely or partially delivered, to suspend the order in whole or in part and to demand that the necessary guarantees be provided. In case of refusal by the Customer, we reserve the right to cancel the order in whole or in part. All this is without prejudice to our right to claim damage compensation.
The Customer agrees to inspect the goods as soon as they are received. Any complaints about the goods must be sent to us by registered letter within 5 calendar days of receipt thereof. After this period, the goods are deemed to have been definitively acquired by the Customer and the claim will no longer be admissible.The return of goods will not be accepted without our prior written consent specifying the type, quantity and value of goods offered for return. Payability of the amount due shall never be suspended under any circumstances. Only goods in good condition and in their original packaging may be returned. Unless the error is indisputably due to us, the return costs will be borne by the Customer.Any complaint concerning our invoices must be submitted to us by registered letter within 8 days of their receipt. In the absence of this, the invoices shall be deemed to have been accepted without reservation. A complaint can never justify a suspension of payment.
The software offered remains the exclusive property of the manufacturers. Only a user license can be granted. The Customer may not - for payment or free of charge - transfer, assign, pledge, communicate or lend this in any form whatsoever. The Customer shall ensure that indications of ownership attached to the applications and the manuals are maintained in good condition and shall ensure that privacy rules applicable to the software are complied with. The Customer who places an order for execution or reproduction is deemed to possess the rights to the original goods. Should the occasion arise, the customer shall assume full liability with respect to third parties and relieve us of our liability.
The warranty on the products sold is that provided by the manufacturer. In any case, the warranty will not cover the consequences in the following cases: defect or fault with the hardware, software, telecom infrastructure, electricity, etc., normal wear of parts, the addition or connection of hardware or software that is not covered in the agreement, modifications to the delivered goods without our prior written consent, cases of force majeure, and orders by the authorities.The guarantee in any case is limited to repair of the defective product, its replacement, or refund of the price of the product. The choice between repair, replacement or refund is solely up to us.
In no case are we contractually or extra-contractually liable for damage caused to persons or property other than the delivered goods or the goods that are the object of our services. We are not liable to the Customer or to third parties for any compensation for consequential loss. Included as consequential loss are: any loss or corruption of data, loss of profits, loss of customers, etc. In all cases where we would be determined to have contractual liability, the total compensation to which we would be obliged may never exceed the price excl. VAT invoiced to the Customer. No claim of the Customer, regardless of the reason, may be brought against us more than one year after the occurrence of the fact on which the claim is based.Prior to the conclusion of the agreement, the Customer must be assisted by appropriate legal counsel and ensure that the material, software and/or services that it intends to order correspond to its needs and the intended use of the goods and/or services. We are not liable for a wrong choice or assessment by the Customer.
All of our invoices are payable in cash. In the event of late payment, the amounts due are legally increased, without notice, by 12% per annum from the date on which they fall due. Furthermore, the Customer shall legally and without notice of default owe fixed compensation amounting to 15% of the amount due, without prejudice to any other compensation.
In the case of complete non-payment of the price or in the event of an attachment against the Customer, an application for judicial reorganisation, a summons in bankruptcy, a disputed loan note, liquidation or bankruptcy of the Customer before payment has taken place, we reserve the right, by law and without notice of default, to terminate the current agreement and all ongoing orders, by sending a registered letter, which by law is considered termination. In the event that the agreement is terminated due to a fault of the Customer, the latter owes fixed compensation amounting to 30% of the total price, without prejudice to our right to claim higher damage compensation if we prove that the damage exceeds 30% of the total price.
Article 12 The invalidity of any provision or part of any provision of these general terms and conditions shall not affect the remaining provisions or parts of provisions.In the event of a dispute, the courts of the legal district of Walloon Brabant (Nivelles) have exclusive jurisdiction.Only Belgian law is applicable.