GENERAL TERMS AND CONDITIONS
COMPANY DATA
MICROFORCE BV
Brusselsestraat 441
9050 GENTBRUGGE
e-mail: sales@Microforce.be
Tel: 09 224 12 64
company number 0860.062.574
VAT: BE0860.062.574
KBC BANK BE06736000791222
Article 1: General provisions
1.1 In these terms and conditions of Microforce BV, with registered office at Brusselsesteenweg 441, 9050 Gentbrugge, it will be referred to as Microforce and its customers/purchasers/resellers as customer.
1.2 The general terms and conditions apply to all quotations, order forms, online orders, invoices and other agreements of Microforce. General order or purchase conditions of customers are not accepted and expressly rejected.
1.3 In addition to these general terms and conditions, additional special terms and conditions may be drawn up depending on specific circumstances of transactions or activities. These additional terms and conditions shall then form an integral part of these general terms and conditions.
1.4 Every customer who purchases from Microforce in any way or concludes a repair agreement must accept these general terms and conditions. The general terms and conditions that were included on the website and/or order confirmation at that time apply to every order, excluding any older or newer provisions.
1.5 With every electronic order of products, the customer expressly declares to agree with these general terms and conditions by ticking the checkbox "I accept the General Terms and Conditions unconditionally". Anyone who orders declares to know and accept the general terms and conditions of Microforce. An electronic order without this declaration of agreement is, except in the case of fraud, technically impossible so that these conditions are always binding on the customer. The sales conditions also apply whenever a reservation or order is placed via the webshop.
1.6 The buyer expressly declares that he is of legal age. Microforce reserves the right to cancel the purchase if it appears that the buyer is a minor. In that case, a damage invoice will be drawn up, equal to the costs incurred by Microforce.
Article 2: Quotations
2.1 Quotations are always made without obligation.
2.2 Price announcements and prices on websites are not an offer.
Article 3: Establishment
3.1 Each agreement is always entered into in writing and is only final after acceptance of these general terms and conditions, the prices and the description of the goods / repairs to be carried out.
The commencement of the execution of the agreement is also considered as confirmation.
3.2 Microforce undertakes to process orders placed on the site while stocks last and within the limitations formulated in these conditions.
3.3 Microforce reserves the right to refuse orders in the event of serious suspicion of abuse of rights or bad faith, serious suspicion of commercial purposes unacceptable to Microforce or in the event of depletion of stock of a particular article.
3.4 An order is only final after acceptance of these general terms and conditions of sale, the prices and the description of the offer.
Article 4: Graphic material, images and content - Product description
4.1 All images, videos, tutorials, technical specifications, descriptions, compatible articles or products and data of this nature are intended to provide the best possible picture of the intended product or service and do not in any way give the right or reason to claim compensation and/or cancellation of the purchase.
4.2 The above product description is offered as truthfully as possible. The price quoted refers exclusively to the items as literally described. The accompanying photo is intended to be decorative and may contain items that are not included in the price.
4.3 All information developed by Microforce referred to in Article 4.1 remains the property of Microforce and may not be copied, reproduced or used in any way without written permission.
4.4 In the event of a breach of the above provisions, Microforce is entitled to compensation of €1,000 per day for each day that the unlawful user uses this data.
Article 5: Pricing
5.1 All prices on the Microforce websites are inclusive of VAT for end users and exclusive of VAT for resellers. Any shipping costs are not included in the displayed prices. Levies such as recupel, bebat, reprobel or auvibel are always included in the displayed prices.
5.2 Prices in quotations are valid for one month and will not be changed unless legal changes lead to this (such as VAT increase or changes in legal levies such as bebat, recupel, reprobel and auvibel)
5.3 An agreement can be terminated if after 90 days it appears that the prices have changed.
5.4 Prices are subject to fluctuations in the financial markets, in particular the EUR/USD may influence the price determination.
5.5 The prices of the goods that Microforce delivers to its customers are determined at the time of delivery of the goods and may therefore be higher or lower than at the time of the order or quotation as a result of the above-mentioned points.
5.6 €6.95 excluding VAT shipping costs are charged for orders under €100 excluding VAT. No shipping costs are charged for orders over €100 excluding VAT.
5.7 Certain prices/offers may be limited in time. This will be stated in the price display.
5.8 Prices are valid while stocks last.
Article 6: Shipping
6.1 Unless otherwise agreed, Microforce will determine the manner in which the goods are shipped, in accordance with the prices in Article 5.6.
6.2 The customer is responsible for receiving the goods. Failing this, the delivery will be stored at the risk of the customer with the carrier or returned to Microforce.
Article 7: Delivery time
7.1 The agreed delivery periods or commencement/end of the works are only given as information and do not bind Microforce. Delay can never lead to termination of the agreement or to any fine or compensation.
7.2. If the delivery period exceeds 3 months, the customer has the right to terminate the agreement free of charge, by written notice.
Article 8: Payments
8.1 All payments must be made in cash unless otherwise agreed in writing. Each order is immediately payable upon conclusion of the agreement.
8.2 All payments by the customer must always be used to settle the oldest costs and interest and invoices, in that order, even if the customer states a different invoice number in the payment reference.
8.3 If the invoice has not been paid by the customer on the due date, interest of 12% per year will be due on the outstanding amount without prior notice of default.
8.4 In the event of late payment, compensation of 10% of the outstanding amount is also due, with a minimum of €150 per invoice, without prejudice to the principal sum, default interest, all collection, reminder and prosecution costs.
8.5 In the event of non-payment, Microforce has the right to suspend any agreement with the customer and deliveries to the customer without any notice, without the customer being able to claim any damages or having the right to terminate the agreement.
8.6 Repairs under guarantee or commercial promotions do not under any circumstances give rise to a right to a deferral of payment or partial payment.
8.7 In the event that Microforce is required to pay any sum to the customer (back), the same compensation as provided for in Articles 8.3 and 8.4 shall apply to Microforce.
Article 9: Retention of title
9.1 Until full payment has been made of an invoice, the goods and services charged on this invoice remain the property of Microforce. Full payment also includes any interest and costs.
9.2 The customer is not permitted to alienate, rent or pledge the goods without prior written permission from Microforce.
9.3 The customer undertakes to make the goods available to Microforce at the first request of Microforce and hereby irrevocably authorises Microforce or persons designated by Microforce to enter the place where the goods are located in order to take these goods with them.
9.4 Microforce shall, in accordance with the provisions of 9.1, grant the customer ownership of the goods in question at the time that the customer has fulfilled all its obligations, but subject to other claims that Microforce has on the customer. The customer shall, at the first request of Microforce, provide its cooperation required in this context, under penalty of a penalty of €500 per day for each day that the customer fails to do so.
9.5 Goods or parts thereof that are under repair or warranty become or remain the property of Microforce until the customer has settled the outstanding claims.
9.6 The customer undertakes to inform third parties of the retention of title if necessary, for example to anyone who might seize items that have not yet been paid for in full.
9.7 All risks after delivery, except those of theft, wetting, damage, etc., are borne by the buyer, even if they have not yet been paid.
Article 10: Complaints
10.1 Complaints regarding the delivery of the services must be sent to us by registered mail within 8 days of the actual delivery of the service in question. Complaints relating solely to the invoice must also be sent to us by registered mail within 8 days of the invoice date.
This complaint must be clearly described. After this period has elapsed, Microforce believes that it has performed its obligations correctly and the customer is deemed to acknowledge the services/invoice as correct.
10.2 Complaints never give the customer the right to suspend payment of an invoice.
10.3 If a complaint is accepted as justified by Microforce, Microforce has the right to make the following choice:
10.3.1 Review the invoice and adjust the invoice
10.3.2 To provide an equivalent alternative.
10.3.3 To take back the goods on the invoice, terminate the agreement and credit the invoice.
10.4 In the event of a complaint, the customer must give Microforce the opportunity to remedy any defects or offer an alternative solution.
10.5 Returns of goods are always at the expense and risk of the customer. Microforce only accepts returns after written approval by Microforce. Goods must always be sent by the customer to the address of Microforce in the original packaging and in the condition in which Microforce sent the goods to the customer.
10.6 Repairs cannot be returned for credit. In case of a defect in a repair, it must be resubmitted.
Article 11: Warranty provisions
11.1 Microforce chooses its products with care and respect in order to be able to offer them with an optimal quality. If there are still problems, we apply the following warranty conditions:
11.2 The statutory warranty of 2 years applies to the sale of new goods to consumers. For second-hand/refurbished products, the warranty is determined by the seller. Accessories, chargers and batteries are guaranteed for 6 months. This warranty only covers a lack of conformity that already existed at the time of delivery of the goods. During the warranty period, Microforce undertakes to replace or repair the defective article or part free of charge. Microforce reserves the right to exchange the article if the costs for repair are disproportionate, or if repair is impossible. Defects that manifest themselves after a period of 6 months after delivery are not deemed to have been present at the time of delivery, unless the Customer can prove otherwise.
11.3 All repairs are guaranteed for at least 3 months, unless otherwise stated. Many repairs are guaranteed for 1 year.
11.4 Any errors, defects or imperfections demonstrated to Microforce by the customer and attributable to Microforce will be rectified as soon as possible at the expense of Microforce or, if rectification is not possible, taken back for crediting.
11.5 There is no warranty on consumables unless otherwise agreed in writing.
11.6 The customer must return the goods that fall under warranty at his own expense and risk. The goods must always be accompanied by a copy of the purchase invoice and/or a correctly completed RMA form.
11.7 Goods under warranty will not be credited unless they cannot be replaced or repaired.
11.8 The warranty will lapse in the following cases:
11.8.1 The product has been neglected.
11.8.2 The product has been modified by the customer or a third party.
11.8.3 A repair has been handled or modified by a third party.
11.8.4 In case of improper or careless use, incorrect connection, installation, physical damage, moisture damage or other external factors.
11.8.5 Incorrect or improper use of the product.
11.8.6 When using unsuitable accessories.
11.8.7 If the customer has used the product in any other negligent manner, or has attempted to repair it himself or through a third party.
11.8.8 Software problems are never covered by the warranty.
11.8.9 Upon removal of warranty labels
11.8.10 Upon removal of serial numbers
Article 12: Limitation of liability
12.1 Neither Microforce nor any third parties it engages for the purpose of concluding or executing any agreement shall be liable for any damage, arising from or related to the agreement, which the customer or any third party engaged by the customer in the execution of the agreement may suffer, directly or indirectly, regardless of the cause.
12.2 Microforce is in any case never liable:
12.2.1 Due to non-delivery or late delivery.
12.2.2 For information in documentation, brochures, website, quotations, etc.
12.2.3 In the event of force majeure.
12.2.4 If the customer has his product repaired himself or by a third party, or through improper use.
12.2.5 For business damage or damage resulting therefrom.
12.2.6 For damage caused by software.
12.2.7 For any form of damage due to data loss.
12.3 The customer shall indemnify Microforce against all claims by third parties against Microforce.
12.4 The exclusions contained herein regarding limitations of liability do not apply if the damage is the result of intent or gross negligence on the part of Microforce.
Article 13: Force Majeure
13.1 If, after the agreement has been concluded, Microforce is unable to fulfil it as a result of circumstances that could not reasonably have been expected at the time the agreement was concluded or that could not have been known to Microforce, this will be considered a non-attributable shortcoming (force majeure) with regard to the customer.
13.2 Circumstances as referred to under 1 shall in any case include strikes, government measures, delays in supply, export bans, riots, war, mobilization, transport impediments, import restrictions, negligence of suppliers and/or manufacturers of Microforce as well as assistants, illness of personnel, defects in auxiliary equipment or means of transport, lockouts or other industrial disturbances and events which cannot reasonably be insured by Microforce.
13.3 In the event of force majeure, Microforce shall have the right to suspend its obligations. Microforce shall also be entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. In no event shall Microforce be obliged to pay any fine or compensation. Microforce shall retain the right to payment for work already performed and costs incurred.
13.4 If performance is permanently impossible or the temporary impossibility lasts longer than six months, the agreement may be terminated by the most willing party, without the customer being entitled to compensation for any damage.
Article 14: Termination of the agreement
14.1 If the customer fails to fulfil his obligations towards Microforce, fails to fulfil them in a timely manner or fails to fulfil them properly, as well as if his bankruptcy is/has been applied for, he is declared bankrupt, he applies for a judicial reorganisation (WCO), or offers his creditors or some of them a settlement or an agreement, furthermore in the event of seizure of his assets or part thereof, or if he proceeds to sell or liquidate (part of) his company, as well as in the event of death, placement under guardianship/provisional administration or if he otherwise loses the management or control of his company, affairs or part thereof, any claim that Microforce has or obtains against him shall be immediately and immediately due and payable without any notice of default being required.
14.2 In the cases referred to in 14.1, Microforce shall have the right, upon written notice, but without any notice of default and without judicial intervention, to suspend further performance of the agreement or to terminate it in whole or in part, without being liable for any termination compensation.
14.3 Microforce is at all times entitled to claim damages from the customer and to take back the delivered goods.
14.4 If the customer wishes to terminate the agreement, he will at all times first give Microforce written notice of default and grant it a reasonable period to still fulfil its obligations or to remedy any shortcomings, which shortcomings the customer must describe in detail in writing.
14.5 The customer has no right to terminate the agreement in whole or in part or to suspend his obligations if he himself has already failed to fulfil his obligations.
14.6 In the event of partial termination, the customer cannot claim cancellation of services already performed by Microforce, and Microforce is fully entitled to payment for services already performed by it.
Article 15: Right of withdrawal
15.1 In accordance with Articles VI 47-52 of the Code of Economic Law, the consumer has a period of 14 days to cancel the agreement free of charge without giving any reason.
15.2 This provision only applies to sales to customers via the Microforce website, without any contact between the customer and Microforce at any time, while there is a “distance contract” in accordance with Article VI 45 et seq. of the Code of Economic Law. If this is not the case, the customer cannot rely on this provision.
Any right of withdrawal is subject to the following conditions:
15.2.1 the consumer as defined in the Code of Economic Law
15.2.2 the product that was purchased is not custom-made, has no personal character or has not been ordered especially for the customer, as no stock is kept of it
15.2.3 the product does not contain, in whole or in part, any audio or video recording or computer program
15.2.4 the seal of the software or programs, or any other comparable evidence of non-use, has not been broken
15.2.5 the product can be returned without being damaged quickly.
15.3 The customer may only invoke this right of withdrawal if it is invoked in accordance with the following formalities:
15.3.1 The right of withdrawal must be exercised within fourteen calendar days, the period within which Microforce must be informed of the request for withdrawal and of the request to refund any amount already paid and with presentation of proof of payment; this amount will be refunded within 30 days of receipt of the notification of withdrawal, to an account number to be specified by the customer.
15.3.2 If the product is already in the customer's possession, the customer must return the product within the same period of 14 calendar days, or send it back if necessary, in the appropriate manner, entirely at his own risk.
Article 16: Liability for use of website
16.1 The Microforce website is intended to provide general information to the customer about the products and activities of Microforce. Microforce has only an obligation of means with regard to access, the ordering process, the delivery or the other services.
16.2 Microforce has the right to suspend or discontinue the site in whole or in part at any time for maintenance, updating or any other reason, even without prior notice.
16.3 Microforce cannot be held liable for any inconvenience or damage caused by the use of the internet, by any breakdown of the system, the intrusion of outsiders or a virus, nor for any information placed or processed on it by third parties or by any fact that can be regarded as force majeure.
Article 17: Protection of privacy
17.1 Microforce reserves the right to collect customer data for internal use only, both directly through the collection of data provided by the customer upon registration and/or ordering, and indirectly through, for example, the use of cookies, newsletter registration, reservation request or order.
17.2 In accordance with the Law of 8 December 1992 on the Protection of Privacy, the customer has the right at all times to view, change and delete this data if he/she no longer wishes to receive information about the activities of Microforce. For this purpose, the customer can contact Microforce.
Article 18 : Intellectual property
18.1 All parts of the Microforce site, including the technology used therein, are the exclusive property of Microforce and are protected by copyright.
Users who have their own website and who wish to set up an automatic link between their own site and the Microforce home page, even for purely personal use, must expressly request permission from Microforce to do so.
Article 19 : Disputes
19.1 The agreement and these General Terms and Conditions are subject to Belgian law and to the exclusive jurisdiction of the competent court of the district of East Flanders, GHENT division. Where any provision of these conditions is in conflict with Belgian law, all other provisions remain in full force. The conditions will be sent free of charge upon request of the buyer and can also be consulted online under “General Terms and Conditions”