GENERAL TERMS AND CONDITIONS FOR ONLINE SALE
SPRL TECHNOLEASE

  1.     Preamble

 

The following General Terms and Conditions, herein after referred to as « GTC » apply to the sale of goods between:

The Seller on one part : SPRL TECHNOLEASE, Private Limited Company, officially registered in Belgium with number B.C.E. 0629.728.849, with official address in 4802 Heusy (Belgium) Chemin des Fanges n°1 ;

AND

The Buyer for the other part: the person or organisation that buys a good online through the website http://www.technolease.be

 

The Seller and the Buyer will be herein after referred to as « The parties ».

 

  1.     Object and scope of the contract

 

These GTC define the rights and obligations of the Parties in the case of an online sale by SPRL TECHNOLEASE to the Buyer of goods that are for sale on the website of SPRL TECHNOLEASE.

They determine the general conditions related to the execution of the different steps of the sale, from placing the order to delivering the products and they ensure the follow up of the order between the two Parties.

They define the contractual relationship between the Parties and their obligations, to the exclusion of any other terms and conditions. In this sense, it is understood that the Buyer accepts them without any reserve. These conditions apply to all purchases made by a person located in or outside of Belgium as well as for deliveries made in or outside of Belgium.

However, for deliveries outside of Belgium, it is also required to send an email to SPRL TECHNOLEASE (info@technolease.be) prior to placing the order, in order to determine the specific delivery costs and lead times according to the weight and dimensions of the package, so that the Buyer can be informed of these.  If no email is being sent prior to placing the order, it will be understood that the Buyer irrefutably accepts the extra cost or delivery time due to shipment outside of Belgium.

 

  1.     The purchase order

 

The Buyer can place an online order, from the online catalogue with the appropriate form.

For all placed orders, the Buyer must provide the following information:

- its full contact data : name, last name, address, phone and email address

- the precise description of the ordered product(s)

- the quantity of each ordered product

- the delivery address in case it is different than the billing address

- the preferred mode of payment (check or credit card)

The order can only be validated after acceptation by the Buyer of the GTC by checking the box “I have read and accepted the General Terms and Conditions”.

The GTC can be found at the bottom of the page of the SPRL TECHNOLEASE website.

By ordering an item from the list of available products, the Buyer accepts its price (and possible delivery surcharge) and description. Any claim regarding this point could possibly be reached through an exchange or as per the below guarantees.

Any placed order constitutes an irrevocable commitment by the Buyer, without prejudice to the right of withdrawal as regards an online sale (see paragraph 12).

In case a product is not available at the time of order, the Buyer will be informed by email in the shortest possible time.

The order of the unavailable product will then be cancelled and possibly refunded, whereas the rest of the order remains firm and definitive.

 

  1.     Electronic signature, Confirmation and date of order

 

The online confirmation of the Buyer’s credit card number and the final acceptance of the order will constitute proof of the agreement by the Buyer and will prevail for:

-          The payability of all due sums as indicated on the purchase order ;

-          The signature and explicit acceptance of the performed operations.

An order confirmation will be sent to the Buyer by email and will constitute the express commitment of the Parties.

 

 

  1.     Presentation and definition of the products

 

All aspects of the presentation of the products on the website contribute to a high quality of presentation, namely the quality of the displayed pictures; however, these pictures are not contractual.

Each product or item has the best possible description, namely thanks to description sheets that the Buyer commits to read before any purchase.

Nevertheless, should there be an inadvertent mistake or omission in the product presentation or on the technical data sheets, SPRL TECHNOLEASE will not be rendered liable.

 

  1.     Price

 

SPRL TECHNOLEASE reserves the right to modify its prices at any time but commits to apply the current prices at the time of order, subject to availability of the product(s) at the time of order.

The prices indicated on SPRL TECHNOLEASE website are inclusive of taxes (including VAT) and in EUROS, exclusive of shipping costs.

In the event of a change of the VAT tax rate, the applicable VAT will be the one of the date of order. 

The payment of the total price is due at the time of order. Under no circumstances can it be considered as a deposit or advance payment.

If one or several taxes or contributions, namely environmental tax, happen to be created or modified, for higher or lower rates, this modification could possibly be reflected on the sales prices of the products.

 

  1.     Payment terms for credit cards or checks

 

The Buyer can pay for the ordered product(s) through the payment method of its choice among those offered by SPRL TECHNOLEASE as listed on their website.

The Buyer warrants to SPRL TECHNOLEASE that it has the required authorisations, if any, to use the payment method that it chose after validating the purchase order.

The online payment will be made through the secure online payment system known as "e-transaction" by Verviers BNP Parisbas Fortis Bank.

SPRL TECHNOLEASE reserves the right to interrupt any order processing or any delivery in case the related credit card payment fails to be authorised or in case of default of payment.

SPRL TECHNOLEASE also reserves the right to withhold a delivery or an order preparation if the Buyer has totally or partially unpaid previous order or if a payment litigation exists with this Buyer.

It can be requested at any time that the Buyer provides a proof of its identity to SPRL TECHNOLEASE by means of a copy of its identity document as well as a proof of legal address. In this case, the order will only be confirmed after receipt and verification of the sent documents.

The Buyer will be the owner of the ordered items or products after total payment of the order.

 

  1.     Shipping costs

 

The shipping costs range from 2,- to 10,- EUROS including taxes. They are calculated based on the weight and volume of the package for any order under 100,- euros incl. taxes. Any order above or equal to 100,- euros will be free of charge for delivery in Belgium. For all orders placed outside of Belgium, extra charges will be calculated and added to the total cost before shipment according to the weight and dimensions of the package.

 

  1.     Delivery time, Availability of products,

Cancellation & Reimbursement

 

The standard delivery time for deliveries in Belgium is 5 working days, subject to the availability in stock. However, this delivery time can be subject to change or increase in case of force majeure or during the online sale closing period, which will be clearly announced on the website main page.

The delivery time for deliveries outside of Belgium is to be determined as per article 2 of these GTC.

The delivery time starts from the complete receipt of payment for the corresponding order.

It is the Buyer’s responsibility to clearly indicate a complete delivery address for the ordered products, as well as a telephone number on which it can be reached at any time in order to ensure a correct delivery.

In case the contractual delivery terms are not respected by the Seller, the Buyer has a right to rescind the contract by registered letter with an acknowledgement of receipt, only after requesting SPRL TECHNOLEASE to perform the delivery within a reasonable additional delivery time of minimum 8 days.

However, if the Buyer wishes to include a provision for the delivery dates or terms to be part of the contract and to be a cause for cancellation of contract in case of failure to respect these delivery terms, it has to specifically request this condition to SPRL TECHNOLEASE prior to the order and this condition shall be subject to acceptation by SPRL TECHNOLEASE.

In case of unavailability of the ordered product, the Buyer will be informed in the shortest possible time and will have the right to cancel its order or to order a different product.

In case of cancellation of the sale or purchase order, SPRL TECHNOLEASE will reimburse the Buyer for the totality of the due sums at the latest within 14 days from the date on which the contract got cancelled.

 

 

  1.     Delivery terms

 

The delivery of products will only be performed after confirmation of payment has been received by SPRL TECHNOLEASE’s bank.

The products will be delivered by mail or transporter to the address indicated on the purchase order.

Any undelivered package that is being sent back to SPRL TECHNOLEASE because of an incorrect or incomplete delivery address will be sent back to the Buyer at the Buyer’s charge after it communicates to the Seller a correct and complete delivery address and the corresponding charges have been paid.

The shipment of the goods, even if prepaid, are at the recipient’s own risks and exclusively under its responsibility, it has the responsibility to check the quantity and quality of the products and to take action against the transporter if the goods are damaged or missing.

It is therefore the Buyer’s responsibility to carefully check the goods with the transporter upon receipt by opening the packages in the transporter’s presence.

The Buyer will indicate in handwriting and signature on the delivery voucher any observation regarding the delivery (damage, missing products, broken package, broken product, delivery mistake,…).

This verification is considered to be made from the moment the Buyer or its representative signs the delivery voucher.

The Buyer will inform SPRL TECHNOLEASE by email to info@technolease.be of any delivery damage that is being observed upon receipt of the goods, within two working days after the delivery.

If a good needs to be returned to SPRL TECHNOLEASE, a specific request for return must be sent to SPRL TECHNOLEASE within 7 days after delivery.

All claims beyond this limit will not be accepted.

The return of the product will only be accepted for products that are still in their original form (packaging, accessories, manual, …).

In order to allow SPRL TECHNOLEASE to guarantee a good follow up of the returned goods, the Buyer must obligatorily return any product using Bpack or a registered courier service.

The return costs are to SPRL TECHNOLEASE’s charge.

 

  1.     Warranty

 

All our goods are sold with a 12-month warranty period that guarantees conformity or covers any possible reimbursement of the purchase price, replacement or repair of products.

After this period and for another 12-month period, it is the responsibility of the Buyer to prove that there has been non-compliance at the time of delivery. The standard warranty does not apply to defaults caused by abnormal use or misuse of the goods or resulting from external cause inherent to the product’s quality. The non-compliance must be reported within 2 months of noticing it, under penalty of foreclosure.

 

  1.     Cancellation right

 

The Buyer has a cancellation right of 14 working days from the day of receipt of order, in accordance with the provisions of Title VI of the Belgian Economic Code.

SPRL TECHNOLEASE commits to refund to the Buyer within 14 days the paid amount including the prepaid shipping costs.

No money will be refunded if the goods are not returned in their original form (no modification of the product is allowed), the goods must be unused, in their original packaging and in a perfectly new state, within 14 days of receipt.

In order to allow SPRL TECHNOLEASE to guarantee a good follow up of the returned goods, the Buyer who returns goods by post using its cancellation right must obligatorily use Bpack or a registered courier for shipment.

The return costs are exclusively to the Buyer’s charge.

 

  1.     Force majeure

 

All external circumstances to the Parties’ wills that prevent the execution of their obligations in normal conditions are considered to be grounds for exoneration from their obligations and result in the suspension of those obligations for as long as these circumstances apply and not any longer.

The Party that invokes an event of force majeure must immediately inform the other Party of the start and termination of the event.

Are considered as force majeure all irresistible facts or circumstances outside the Parties, unpredictable, inevitable, independent from the will of the Parties and that cannot be prevented by these last ones in spite of all the efforts reasonably possible.

Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of courts and tribunals, provided that they actually prevent the normal execution of the Parties’ obligations : blocking means of transport or of supplies, earthquake, fires, storms, floods, thunderbolt, disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the client’s control, act of Government (fait du Prince).

The Parties shall come together to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled. If the force majeure event lasts more than three months, the present general terms and conditions can be cancelled by the injured Party.

 

 

  1.     Conclusions of contract - Protection of data

 

Under the Belgian law of 8 December 1992 concerning the protection of personal data and privacy, the Buyer has the right to access and modify its personal data. Buyer also has the right, free of charge, to object to the use of its personal data for commercial or marketing purpose. In this respect, a simple request, signed and dated, will be required.

 

  1.     Archiving

 

SPRL TECHNOLEASE will archive all purchase orders and invoices on a reliable and durable backup media that corresponds to a faithful copy pursuant to the law. The computerised record filed by SPRL TECHNOLEASE will be considered by both Parties as proof of communication, orders, payments and transactions between the Parties.

 

  1.     Intellectual property

 

All the information contained on the SPRL TECHNOLEASE’s website is and will remain the exclusive intellectual property of SPRL TECHNOLEASE.

No person or organisation is allowed to copy, reproduce or use any part whatsoever of this site.  Partial or total reproduction is strictly prohibited.

 

  1.     Non waiver

 

Unless expressly otherwise provided in the present General Terms and Conditions or in any other writing, the fact for one of the Parties not to take advantage of a breach by the other Party of one of the obligations stipulated in the present GTC is not construed for future actions as a waiver of the obligation concerned.

 

  1.     Applicable law – jurisdiction

 

The Online Sales Agreement, including the present GTC, is subject to Belgian law and to the European regulations directly applicable in Belgian law. In the event of a dispute relating to a difference of opinion between the Parties regarding the interpretation and/or the execution of the convention and in the absence of a gentlemen’s agreement, only the Liege law courts in Belgium, district of Verviers, have jurisdiction as decided by SPRL TECHNOLEASE.

 

  1.     Generalities, duration and applicability of the GTC

 

These GTC are applicable during the whole existence of this site. However, SPRL TECHNOLEASE reserves the right to unilaterally modify the GTC at any moment, which will then be applicable for all new transactions from the moment the modifications are published online.

The Agreement between the two Parties, including these General terms and conditions, cannot be modified unless expressly agreed in writing by the Parties regarding the desired amendment. Each point of the Agreement, any amendment, addendum or other agreement that arises from them will be applicable, unless otherwise expressly stated in writing, as soon as the order is duly validated. This Agreement constitutes the entire agreement between the Parties, which cancels and supersedes all verbal and/or written earlier agreements for the same. The Parties confirm that they acted in good faith in signing and performing the Agreement. If one of the provisions of the Agreement, including these GTC, should be declared totally or partially void, it would not affect the validity of the other terms and conditions. The Parties are bound, to the extent possible, according to their loyalties and convictions, to replace any provision found to be invalid, if any, by an equivalent provision that corresponds to the general intent of this Agreement and its GTC.

The titles of sections and subsections in the present Agreement do not limit its scope.

 

 

Last update on 07/05/2015.

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