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ECOMMERCE: TERMS AND CONDITIONS

 

 

      I.        IDENTIFICATION
 

 

These Terms and Conditions (hereinafter referred to as the "T&C") govern the contractual relationship between the Customer and the SPRL TFA PLUS, with registered office at 4460 Grace-Hollogne, Rue Ateliers Smulders 13 (Belgium), registered in ECB under No. BE0651.891.468, (hereinafter the "Seller").

 

 

    II.        CONTACT
 

Contact: via linck@technifix.be

Such. : +32 (0) 4 247 55 43

Fax: +32 (0) 4 361 33 59

Opening hours Monday through Friday, except holidays, from 8:30 to 17:00

VAT: BE0651.891.468

 

   III.        CONDITIONS
 

 

Article 1.  Definitions
 

1.a.       T&C describe the distance selling arrangements of various products between Seller and Customer. They represent all the obligations and rights of the Parties.
1.b.      A Customer may be, under T&C, any legal entity or natural person aged of at least 18 years or with the ad hoc permission from the person entitled to give such a permission.
1.c.      A Consumer is a Customer with the quality of natural person and who is acting for purposes which are beyond the framework of his trade, business, craft or profession.
1.d.      Any Customer who is registered to VAT is considered to be acting in his trade, business, craft or profession.
1.e.      By accepting the T&C / or by clicking the button "Order with mandatory payment", the Customer acknowledges that he has full legal capacity to engage under the T&C.
 

Article 2.  Scope
 

2.a.      Customer acknowledges that he has read the T&C and expressly accepts them.
2.b.      That acceptance will be given at the creation of the account and then confirmed at each order.
2.c.      The Parties agree that these T&C apply to the exclusion of any other agreement or terms and conditions, regardless the timing of the transmission of communication of such other terms and conditions, and even if the Seller did not contest the communication of such other terms.
2.d.      Applicable T&C are those in force on the Site at the time of confirmation of the order by the Customer.
2.e.      The fact that the Seller does not prevail at a given time of any of the clauses of the T&C, cannot be interpreted as a waiver to take advantage later of any of said clause.
 

Article 3.  Modification of Terms
 

3.a.      The Seller reserves the right to adapt or modify at any time the T&C.
3.b.      the T&C in force at the date of order will be applied to each order.
 

Article 4.  Offers and prices
 

4.a.      The Seller displays on its website the products and their descriptions allowing the Customer to take notice, before taking command, of their essential characteristics.
4.b.      The detailed product description is the only contractual source of information.
4.c.      The Seller uses its best efforts to ensure the availability of the entire range of products offered.
4.d.      Prices of Products on the website are displayed in Euro, excluding taxes.
4.e.      Taxes and any delivery charges are calculated during the order validation process.
4.f.         Product prices do not include communication costs related to the use of the website or related to the potential cost of phone call.
 

Article 5.  Payment - secure transactions
 

5.a.      Payment is made directly online at confirmation of the order.
5.b.      The security of the electronic transfer of funds and the correct execution of payment orders fall exclusively within the responsibility of financial organizations managing these transfers. Seller shall not be liable for any damages whatsoever resulting from any error, omission, failure, malfunction or wrongdoing that is not directly attributable to it.
5.c.      Payment service providers manage the payments under their own terms and conditions. Customer understands that Seller may not offer more guarantees than those provided by its own specialized service providers. The T&C of these providers (accessed via this link: https://www.hipaywallet.com/terms/CGU_hipay_en.pdf ) therefore apply and are considered as fully reproduced herein.
5.d.      The Customer agrees to use and receive electronic invoices.
 

Article 6.  Delivery
 

6.a.      Products are sold by the Seller in the European Union excluding the following countries:
                                                               i.      Andorra - - CP 88888
                                                             ii.      Faroe Islands - - CP 100-999
                                                            iii.      Greenland - PO Box 3900 - 3999
                                                          iv.      Germany - CP 78266
                                                            v.      Finland - PO Box 22000-22999
                                                          vi.      France - PO Box 20000-20620
                                                         vii.      France - PO Box 97100-97199
                                                       viii.      France - PO Box 97200-97299
                                                           ix.      France - PO Box 97300-97399
                                                             x.      France - PO Box 97400-97499
                                                           xi.      France - PO Box 97500-97599
                                                          xii.      France - PO Box 97600-97699
                                                        xiii.      France - PO Box 98600-98699
                                                       xiv.      France - PO Box 98700-98799
                                                        xv.      France - PO Box 98800-98899
                                                       xvi.      Gibraltar - CP 99999
                                                     xvii.      UK - CP GY0 000 - GYZ ZZZ
                                                    xviii.      UK - PO IM0 000 - IMZ ZZZ
                                                        xix.      UK - PO JE0 000 - JEZ ZZZ
                                                         xx.      Portugal - PO Box 9000 - 9499
                                                        xxi.      Portugal - PO Box 9500 - 9999
                                                      xxii.      Spain - PO Box 07000-07999
                                                     xxiii.      Spain - PO Box 35000-35999
                                                   xxiv.      Spain - PO Box 38000-38999
                                                     xxv.      Spain - PO Box 51000-51999
                                                   xxvi.      Spain - PO Box 52000-52999
                                                  xxvii.      Greece ALL
                                                xxviii.      Malta ALL
                                                    xxix.      Cyprus All
6.b.      The Seller will not accept any order until the delivery address is located in countries and post office box covered.
6.c.      The products are delivered to the shipping address provided by the Customer during the order process. The Customer has to verify the accuracy of the information entered before confirming the order.
6.d.      In case of large orders to be delivered, it is up to the Customer to ensure that access is possible.
6.e.      In case of missing or damaged packages during transport, the Customer shall make all necessary comment on the delivery note when receiving these packages and, if necessary, refuse delivery to the carrier.
6.f.         Any apparent damage on delivery not reported to the carrier will be deemed as accepted by the Customer and the Customer will not be entitled to any compensation.
6.g.      Delivery times are indicative and provided during the order validation.
6.h.       Shipping fees are based on the delivery method chosen by the Customer and calculated on the entire order.
6.i.          Delivery service providers manage deliveries under their own terms and conditions. Customer understands that Seller may not offer more guarantees than those provided by its own specialized service providers. The T&C of these providers (accessible via this link, https://gls-group.eu/EN/en/cgv) are applied and considered as fully reproduced herein.
6.j.          The Products remain the property of the Seller until full payment of the invoice. However, the risks are transferred to the Customer immediately at the conclusion of the contract.
 

Article 7.  Intellectual Property
 

7.a.      All material found on this website and its compilation and arrangement (text, photographs, images, icons, videos, software, database, data, etc.) are protected by intellectual property rights of the Seller.
7.b.      Unless otherwise explicitly agreed in written, the visitor and/or the Customer may not, in any case, copy, reproduce, modify, transmit, publish, adapt, distribute, broadcast, sublicense, transfer, sell, on any medium whatsoever, by any means whatsoever, or operate in any manner whatsoever, all or part of this website.
 

Article 8.  Right of withdrawal only open to the Consumer - Information as provided by the Belgian Code of Economic Law
 

8.a.      The Consumer has a right of withdrawal of 14 days as detailed below. Professional Customer has no such right.
 

You have the right to withdraw from this contract without giving any reason within a period of fourteen days.

 

The withdrawal period shall expire 14 days after the day you or a third party, other than the carrier, and indicated by you acquire physical possession of the Product

 

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by mail, fax or email). You can use the model withdrawal form, but it is not mandatory. In order for the withdrawal period is complied with, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

 

Effects of withdrawal

 

If you withdraw from this contract, we will refund all payments received from you, including delivery charges (excluding additional costs arising from the fact that you have chosen delivery mode other than the least expensive type of standard delivery offered by us) without undue delay as from Product recovery or until you have provided us with proof of shipment of the product.

 

We will refund you using the same means of payment as you used for the initial transaction, unless you expressly agree to a different medium; in any event, this reimbursement does not incur any fees for you.
 

 

Article 9.  Right of withdrawal for Consumer - Exercise
 

9.a.      9.a. The Consumer who wishes to exercise his right of withdrawal refers to the Seller the following form by registered mail or by electronic mail to linck@technifix.be
 

MODEL OF WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract)

 

- For the attention of [insert here the company name, geographical address and, where available, fax number and email address]

 

- I / We (*) notify you of the withdrawing of the contract for the sale of the product(s) as described below -

- Ordered on (*) / received on (*)

- Ref. of the order

- Name (of) consumer (s)

- Address (of) consumer (s)

- Signature (of) consumer (s) (only if notification of this form on paper)

- Date
 

(*) Strike out what does not apply. "

9.b.      The Consumer shall bear all damage resulting from the handling of the Products other than those necessary to establish the nature, characteristics and functioning of the Products.

Article 10.               Exclusion of the right of withdrawal for Consumers
 

10.a.  The Consumer has no right of withdrawal for orders outside the catalog as well as for custom-made products and / or special request from the Consumer.

Article 11.               Warranty and liability
 

11.a.  Regarding the Consumer, the guarantee is in any case limited to the legal guarantee of conformity under Articles 1649 bis to octies of the Belgian Civil Code.
11.b.  For Customers who are not a consumer, the warranty is strictly limited to the replacement of any defective parts.
11.c.  In general, all obligations of the Seller are obligations of means.
11.d.  In any event, the Seller's liability is limited to willful misconduct, to the exclusion of the gross negligence, negligence and the usual slight fault.
11.e.  The Seller disclaims all liability:
                                                               i.      for indirect damages (loss of revenue, loss of opportunity, loss of goodwill, disturbance, loss of business, ..);
                                                             ii.      if Customer doesn’t collaborate to execution of the Convention
                                                            iii.      in case of force majeure.
11.f.     In any event, unless injury or Customer deaths resulting from a culpable action or omission attributable to the Seller, the Seller's liability is limited to the amount of the order behind the hinged claim against the Seller.
11.g.  Seller strives to provide access to the website 24/7. The website may however be made temporarily unavailable in the event of overload or access for maintenance.
11.h.   Customer has to protect its technical equipment especially against any form of contamination by viruses and / or intrusion attempts. Customer has to check the compatibility of its hardware and software with the website and the digital files supplied by the Seller.
11.i.      The Customer is solely responsible for his use of the service and cannot hold the Seller responsible for any claims and / or proceedings made against him. He agrees to be personally responsible for any claims and / or proceedings brought against the Seller and that would relate to his use of the service.
 

Article 12.               Miscellaneous
 

12.a.  12.a. In case of invalidity of one of the clauses of the T&C, that provision shall be deemed never to have existed without affecting the viability of other clauses. The Parties will negotiate in good faith to replace the clause canceled by a valid clause which shall achieve the same economic objective as the canceled clause.
12.b.  The prevailing language of the contract is French. Translated versions of the T&C are given for information and only for the convenience of customers.
12.c.  The T&C, as well as their implementation and interpretation, are subject to Belgian law.
12.d.  In case of difficulty, the Customer should contact the Customer Service of the Seller to try to find an agreement.
12.e.  The Consumer may, if necessary, contact an online dispute resolution platform. The information is accessible via this website: http://ec.europa.eu/odr
12.f.     Any dispute shall be submitted to the courts of the district of Liège – Liège’s Division. The judicial process will be in French regardless of the language used for the convention.