TRANSACTIONAL CLAUSES
- Article 14 - Prices
14.1. The prices displayed for the Products and Services offered by the Vendor, whatever the medium, may be modified by the Vendor without notice.
14.2. Products are invoiced on the basis of the prices in force at the time the order is validated. However, the Vendor reserves the unilateral right to modify the price of the Product, after the order has been placed, when justified by a valid reason, such as a rise in the index or an increase in the price of raw materials.
14.3. Unless otherwise stated, prices are quoted in euros, exclusive of delivery charges and other order processing costs (e.g. special packaging, etc.).
14.4. Any applicable customs and import duties are always payable by the Buyer.
14.5. The price displayed for the Product or Service covers only the items listed in the description of the Product or Service.
- Article 15 - Payment
15.1 Unless otherwise stipulated, all invoices are payable at the Seller's registered office, in cash and without discount.
15.2. Any complaint relating to an invoice must be notified to the Vendor without delay.
15.2.1. If the Buyer is a Company, it must notify the Vendor of any dispute concerning the invoice within a maximum period of 15 days from the date of receipt. Failing this, the invoice is deemed to have been accepted by the Buyer.
15.2.2. If the Buyer is a Consumer, he/she must notify the Vendor of his/her objection to the invoice within a maximum period of 60 days from the date of receipt. Failure to contest the invoice within the aforementioned 60-day period shall constitute silence within the meaning of article 8.11 of the French Civil Code.
15.3. In the event of non-payment of any invoice on the due date, the Buyer shall owe the Seller, ipso jure and without prior formal notice :
15.3.1. interest in an amount equal to the rate mentioned in article 5 of the law of August 2, 2002 concerning the fight against late payment in commercial transactions (unless the Buyer is a Consumer, in which case only the legal interest rate applies) and ;
15.3.2. a fixed indemnity of 15% of the sum in principal, interest and costs, with a minimum amount of 75 EUR.
15.4. In the event of legal collection of any invoice, the Buyer shall, in addition, be liable for reasonable collection costs, such as attorney's fees and internal management costs exceeding the amount of this fixed indemnity.
15.5. In the event of the Buyer's failure to pay by a single due date, for any reason whatsoever, all subsequent payments will be made at the time of order confirmation. In addition, the Vendor reserves the right to suspend the execution of other orders in progress until all amounts due have been paid in full.
15.6. The Buyer explicitly agrees to the use and receipt of electronic invoices, at the Seller's discretion.
- Article 16 - Termination and breach of contract by the Seller
16.1 In the event of unilateral cancellation of a sale by the Buyer, the deposit received at the time of the order will not be reimbursed.
16.2. Except in the case of Force Majeure and without prejudice to Article 14.1, in the event that the Seller remains in default of any obligation under the Agreement causing prejudice to a Buyer who may be qualified as a Consumer, the Seller shall, after receipt of a formal notice to which it has failed to respond for 15 days, owe the Buyer compensation equal to 10% of the value of the sale excluding VAT.
- Article 17 - Withdrawal
17.1. Consumer Purchasers have the right to cancel their purchases. The withdrawal period is 14 days from delivery of the order.
17.2. Returned Products must be in their original condition (packaging, accessories, instructions, etc.), allowing them to be remarketed as new, and must be accompanied by a copy of the purchase invoice. Only those manipulations strictly necessary to establish the nature, characteristics and proper functioning of the Products may be carried out. In the event of handling of the Products that goes beyond this, the refund may be refused.
17.3. Reimbursement will be made upon recovery of the Product.
17.4. The Consumer Buyer is responsible for return shipping costs.
WARRANTIES - LIABILITY
- Article 18 - Warranty
18.1. In the event of an apparent defect at the time of delivery, the Buyer must comply with the following instructions:
18.1.1. Write on the delivery note "PACKAGE REFUSED DUE TO DAMAGED ITEM".
18.1.2. Do not write "subject to unpacking", as this has no legal value.
18.1.3. Confirm precise reservations concerning receipt of the package by e-mail to info@wattuneed.com within a maximum of 3 days following receipt of the Product.
18.1.4. Only these 3 conditions can make the Buyer's claim valid. No claim can be taken into account if nothing is stipulated on the delivery note.
18.2. All Products supplied to Consumer Buyers benefit from the two-year legal warranty provided for in article 1649quater of the French Civil Code.
18.3. Professional Purchasers, as well as Consumer Purchasers (at the end of the aforementioned 2-year legal warranty period), benefit from the warranty against hidden defects. To benefit from the warranty for hidden defects, the Buyer must prove the existence of a defect affecting the use of the Product, and that this defect is hidden, significant and predates the sale. The Vendor must be notified of any hidden defects in the products delivered within 15 days of their discovery by the Buyer, or from the time when the Buyer could reasonably have discovered them. Any legal action relating to latent defects must be brought within 30 days of the discovery of the defects by the Buyer, or from the time when he could reasonably have discovered them, or from the day of the failure of the talks with a view to an amicable settlement. No Product may be returned to the Vendor without the Vendor's prior written consent. All returns must include all delivered equipment (cables, manuals, etc.) in its original box.
18.4. The Vendor's warranty is limited exclusively either to the repair or replacement of the Product affected by a defect, or to the restitution or reduction of the invoiced price, without further compensation.
18.5. In any event, the Vendor's liability is excluded in the event of damage caused jointly by a defect in the Product delivered and by the fault of the Buyer or a person for whom the Buyer is responsible.
- Article 19 - Liability
19.1. As a general rule, all the Vendor's obligations are obligations of means.
19.2. The Vendor declines all responsibility:
19.2.1. in the event of Indirect Damage ;
19.2.2. in the event of Force Majeure;
19.2.3. in the event of gross negligence on its part or on the part of one of its employees or agents;
19.2.4. in the event of insufficient cooperation by the Buyer in the performance of the Agreement;
19.2.5. in the event of damage caused, in whole or in part, by the fault of the Buyer or of a person for whom the Buyer is responsible;
19.2.6. in the event of stock shortage or unavailability of the Product;
19.2.7. in the event of damage of any kind, whether physical or material, resulting from improper use or use contrary to the intended purpose of the Product or Service supplied by the Vendor.
19.3. The Vendor declines all responsibility for compliance with the standards applicable to the Product supplied and invites the Buyer to seek advice from a qualified technician. Special techniques may require the use of a professional and prior authorization from local authorities.
19.4. The Vendor cannot be held responsible in the event of misuse of the Products by the Buyer, or in the event of failure by the Buyer to comply with applicable standards.
19.5. In any event, except in the case of personal injury or death of the Buyer due to an action or omission of the Seller, the Seller's liability is limited to the amounts paid by the Buyer.
19.6. In any event, the Seller's liability is limited to the limit of its civil liability insurance.
- Article 20 - Force majeure
20.1. The Party invoking Force Majeure shall notify the other Party as soon as possible of the proof of its occurrence. Performance of its obligations will be suspended until notification of the end of the event, it being understood that neither Party may claim any compensation from the other Party.
20.2. The Parties shall make every effort to reduce the difficulties and/or damage caused. If the Force Majeure lasts for more than 60 days, the Parties will make every effort to renegotiate the subsequent performance of the sales contract. Failing agreement, either Party shall have the right to terminate the contract by notice to the other Party.
DATA
- Article 21 - Processing of personal data
21.1 The Seller, SOLAR-TECH SPRL [Rue Henripré, 12 - 4821 ANDRIMONT, BCE 0898969868] has received the Buyer's personal data as part of the offer of Products and Services it provides to the Buyer.
21.2 The Buyer's personal data will only be processed to the extent and for the duration necessary to safeguard the Buyer's interests.
21.3. The Buyer may contact the Seller to exercise the following rights: a request for access or rectification of your personal data; a request for erasure of such data; a request to restrict the processing of your data; an objection against the processing of such data; a request for transfer of your data.
21.4. The Buyer may exercise these rights or make a complaint to the Seller at info@wattuneed.com. The Seller will comply with 21.5. the Buyer's request within the limits of the applicable regulations.
If the Buyer believes that the Seller is not acting in accordance with the law, he may lodge a complaint with the Belgian Data Protection Authority.
21.6. The complete Personal Data Protection Policy can be found at the following address:
DIVERS
- Article 22 - General information
22.1. The nullity or inapplicability of one of the clauses of these General Terms and Conditions of Sale shall not affect the validity or applicability of the other clauses. Where applicable, the Parties undertake to replace the invalid or inapplicable clause by a valid clause which is the closest in economic terms to the invalid or inapplicable clause.
22.2. The fact that the Seller does not avail itself of the present General Terms and Conditions of Sale at a given time shall not be construed as a waiver of its right to do so at a later date.
22.3 Any communication or notification between the Parties shall be validly made by registered letter, fax or e-mail with acknowledgement of receipt, in the case of the Seller, at its registered office, and in the case of the Buyer, at its registered office or domicile.
22.4. Unless otherwise expressly stipulated in writing, these General Terms and Conditions of Sale are strictly applicable to govern all relations between the Vendor and the Purchaser.
22.5. Each of the Parties undertakes to perform these General Terms and Conditions of Sale in good faith.
- Article 22 - Applicable law and jurisdiction
23.1 The Parties exclude the application of the Vienna Convention on the International Sale of Goods.
23.2 The Parties will always attempt to resolve any dispute arising from the interpretation or performance of the Agreement by negotiation. If necessary, a mediation meeting may be organized at the request of one of the Parties in the presence of an approved commercial mediator chosen by mutual agreement. However, this is not a prerequisite for any legal proceedings.
23.3. These General Terms and Conditions of Sale are governed by Belgian law, even in the event of a warranty claim.
23.4. Any dispute relating to the formation, performance or interpretation of these General Terms and Conditions of Sale or any agreement to which they apply, which cannot be resolved amicably, shall be subject to the exclusive jurisdiction of the courts of Liège, unless the Buyer is a Consumer, in which case the dispute shall be subject, at the option of the plaintiff, to the jurisdiction of the courts designated by Article 624, 1°, 2° or 4° of the Judicial Code.