TERMS AND CONDITIONS

COMPANY DETAILS

MICROFORCE BVBA

Brusselsesteenweg 441

9050 GHENTBRUGGE

email: 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 BVBA, with registered office at Brusselsesteenweg 441, 9050 Gentbrugge, it is further referred to as Microforce and its customers/customers/resellers as customers.

1.2 The general terms and conditions apply to all quotations, order forms, online orders, invoices and other agreements from Microforce. General ordering or purchasing 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 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, with the exclusion of any older or newer provisions.

1.5 With every electronic order for products, the customer expressly agrees to these general terms and conditions by checking 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 statement of agreement is, barring fraud, technically impossible, so that these conditions are always binding on the customer. The terms and conditions of sale 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 turns out that the buyer is a minor. In that case, a damage invoice will be drawn up equal to the costs incurred by the Microforce.

Article 2: Quotations

2.1 Quotations are always made without obligation

2.2 Price announcements and prices on websites are not quotations.

Article 3: Establishment

3.1 Every 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 good / repair to be carried out.

A start of execution of the agreement also counts as confirmation.

3.2 Microforce undertakes to process orders placed on the site while stocks last and within the limitations stated 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 the stock of a specific item.

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 properties, descriptions, compatible articles or products and data of this nature are there 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 damages and /or demand cancellation of the purchase.

4.2 The above product description is offered as truthfully as possible. The price statement applies exclusively to the items as described verbatim. The accompanying photo is intended for decorative purposes and may contain elements of 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 or reproduced or used in any way without written permission.

4.4 In the event of a violation 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: Price provisions

5.1 All prices on the Microforce websites include VAT for end users and exclude VAT for resellers. Any shipping costs are not included in the posted prices. Levies such as recupel, bebat, reprobel or auvibel are always included in the posted 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 increases or changes in statutory levies such as bebat, recupel, reprobel and auvibel)

5.3 An agreement can be canceled if it appears after 90 days that the prices have changed.

5.4 Prices are subject to fluctuations in the financial markets, in particular the EUR/USD, which can 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 Shipping costs of €6.95 excl. VAT are charged for orders under €100 excl. VAT. From 100 € excl. VAT order value no shipping costs will be charged.

5.7 Certain prices/offers may be limited in time. This will then be stated in the price display.

5.8 Prices are valid while supplies last.

Article 6: Shipping

6.1 Unless otherwise agreed, Microforce determines how the goods will be 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 with the carrier at the customer's risk or returned to Microforce.

Article 7: Delivery period

7.1 The agreed delivery times or start/end of work are given for information only 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 is more than 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 payable immediately upon conclusion of the agreement.

8.2 All payments by the customer always serve to settle the oldest costs and interest and invoices, in that order, even if the customer states a different invoice number with the payment reference.

8.3 If the invoice is not paid by the customer on the due date, interest of 12% per annum is 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, with a minimum of €150 per invoice, is also due and payable, without prejudice to the principal amount, late payment interest, and 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 compensation or having the right to terminate the agreement.

8.6 Repairs under guarantees or commercial promotions do not give any right to payment deferral or partial payment.

8.7 In the event that Microforce is obliged to pay (refund) any sum to the customer, the same compensation applies to Microforce as provided for in Articles 8.3 and 8.4.

Article 9: Retention of title

9.1 As long as an invoice has not been paid in full, 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 dispose of, rent or pledge the goods in advance without written permission from Microforce.

9.3 The customer undertakes to make the goods available to Microforce at the first request of Microforce and now irrevocably authorizes Microforce or persons designated by Microforce to enter the place where the goods are located in order to take these goods. to take.

9.4 In accordance with the provisions of 9.1, Microforce provides the customer with ownership of the said goods at the time that the customer has fulfilled all his obligations, but subject to other claims that Microforce has on the customer. At Microforce's first request, the customer will provide the cooperation required in this context, subject to a penalty of €500 per day, for each day that the customer remains negligent.

9.5 Goods or parts thereof that are under repair or under warranty become or remain the property of Microforce until it has settled the outstanding claims.

9.6 The customer undertakes, if necessary, to inform third parties of the retention of title, for example to anyone who would seize the items that have not yet been fully paid for.

9.7 All risks after delivery, with the exception 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 after the actual delivery of the service in question. Complaints that relate solely to the invoice must also be sent by registered letter within 8 days after the invoice date.

This complaint must be clearly described. After this period has expired, Microforce believes it has fulfilled its obligations correctly and the customer is expected to acknowledge the performance / 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 well-founded 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 repair any defects or offer another 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 Microforce's address 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. If a repair is defective, it must be submitted again.

Article 11: Warranty provisions

11.1 Microforce chooses its products with care and respect in order to offer them of optimal quality. If there are any problems, we apply the following warranty conditions:

11.2 The statutory 2-year warranty 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 have a 6-month warranty. 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 item or part free of charge. Microforce reserves the right to exchange the item if the repair costs are disproportionate or if repair is impossible. Defects that manifest themselves after a period of 6 months after delivery are not considered to be present at the time of delivery, unless the Customer proves otherwise.

11.3 All repairs are covered by a warranty of at least 3 months, unless stated otherwise. Many repairs come with a 1-year warranty.

11.4 Errors, defects or imperfections demonstrated by the customer to Microforce and attributable to Microforce will be repaired as soon as possible at Microforce's expense or, if repair is not possible, taken back for credit.

11.5 There is no warranty on consumables unless agreed in writing.

11.6 The customer must return the goods 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 becomes void 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 changed 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 incorrect 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 by a third party.

11.8.8 Software problems are never covered by warranty.

11.8.9 When removing warranty labels

11.8.10 When removing the serial numbers

Article 12: Limitation of liability

12.1 Microforce, nor any third parties it engages for the conclusion or execution of any agreement, are liable for any damage arising from and related to the agreement, which the customer or any third party involved in the execution of the agreement may incur. suffering, 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 case of force majeure.

12.2.4 If the customer has his product repaired himself or by a third party, or due to improper use.

12.2.5 For business damage or resulting damage.

12.2.6 For damage caused by software.

12.2.7 For any form of damage due to data loss.

12.3 The customer will indemnify Microforce against all claims by third parties against Microforce.

12.4 The exclusions contained herein regarding limitations of liability do not apply to the extent that the damage is the result of intent or gross negligence on the part of Microforce.

Article 13: Force majeure

13.1 If, after conclusion of the agreement, Microforce cannot fulfill it as a result of circumstances that could not reasonably have been expected at the time the agreement was concluded or could not have been known to Microforce, this applies to the customer for Microforce as a non-attributable shortcoming (force majeure).

13.2 Circumstances as referred to under 1 in any case include strikes, government measures, supply delays, export bans, riots, war, mobilization, transport impossibilities, import barriers, negligence of suppliers and/or manufacturers of Microforce as well as auxiliary persons, illness of personnel, defects in aids or means of transport, exclusions or other work disorders and events that cannot reasonably be insured by Microforce.

13.3 Microforce has the right to suspend its obligations in the event of force majeure. Microforce is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Microforce obliged to pay any fines or damages. Microforce reserves 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 can 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 does not fulfill his obligations towards Microforce, does not do so in a timely manner or does not do so properly, as well as if his bankruptcy has been/is being filed for, he is declared bankrupt, he applies for a judicial reorganization (WCO), or if his creditors or a part of them offers a settlement or an agreement, furthermore in the event of seizure of his assets or part thereof, or he sells or liquidates (part of) his company, as well as in the event of death, under guardianship/provisional administration or If he loses management or control of his company, business or part thereof in any other way, any claim that Microforce has or acquires against him will be immediately due and payable without any notice of default being required.

14.2 In cases mentioned under 14.1, Microforce has the right, subject to written notice, but without any notice of default and without judicial intervention, to suspend further execution of the agreement or to dissolve it in whole or in part, without owing 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 notice of default to Microforce in writing and grant it a reasonable period to still fulfill its obligations or to remedy shortcomings, which shortcomings the customer must accurately describe 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 has already failed to fulfill his obligations.

14.6 In the event of partial dissolution, the customer cannot claim cancellation of services already performed by Microforce, and Microforce is fully entitled to payment for the services already performed by it.

Article 15: Right of withdrawal

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 renunciation is subject to the following conditions:

15.2.1 the consumer as defined in the Economic Law Code

15.2.2 the product that was purchased is not custom-made, does not have a personal character or has not been specially ordered for the customer as no stock is kept

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 easily becoming damaged.

15.3 The customer can only invoke this right of renunciation if it is invoked in accordance with the following formalities:

15.3.1 The right of renunciation must be exercised within fourteen calendar days, the period within which Microforce must be informed of the request for renunciation and of the request to reimburse any amount already paid and with presentation of proof of payment; this amount will be refunded within 30 days of receipt of the notice of cancellation, 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, possibly return it, 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 Microforce's products and activities. Microforce only has a best efforts obligation with regard to access, the ordering process, delivery or 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 nuisance or damage caused by the use of the Internet, by any breakdown of the system, by outsiders or by a virus, nor by any information placed or processed 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 data from the customer solely for internal use, both directly through collection of the data provided by the customer when registering and/or ordering and indirectly by, for example, the use of cookies, newsletter registration, reservation request or order.

17.2 In accordance with the Act of 8 December 1992 on the Protection of Privacy, the customer has the right at any time to view, change and have this data deleted if he/she no longer wishes to receive information about the activities of the Microforce. The customer can contact Microforce for this.

Article 18: Intellectual property

18.1 All parts of the Microforce site, including the technology used, are the exclusive property of Microforce and protected by copyright.
Users who have their own website and who, even for purely personal use, wish to set up an automatic link between their own site and the Microforce home page, must request explicit 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 department. Where any provision of these conditions is contrary to Belgian law, all other provisions remain in full force. The terms and conditions will be sent free of charge at the buyer's request and can also be consulted via the internet under “General terms and conditions”