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Terms and conditions:
1. Applicable to:
1.1 In these conditions we understand under Supplier all the activities driven by Small Craft Solutions, office at 2830 Willebroek, Oude Dendermondsestraat 80, Belgium and the locations as mentioned in the company register.
1.2 In these conditions we understand under Customer every natural person or legal person who has made an agreement with Supplier, or is negotiating to make an agreement, including the making of an offer by Supplier.
1.3 These terms and conditions are fully and nonnegotiable applicable to all legal relationships between Supplier and Customer.
1.4 These terms and conditions are applicable to al offers, made agreements, all purchases and orders made with the business affair Small Craft Solutons via website, fax, telephone and e-mail.
1.5 Deviations from these terms and conditions are only allowed when this is approved in writing by Supplier.
1.6 In these terms and conditions we understand under Goods everything that, with regards to the business activity of Supplier, is a means of agreement.
1.7 In case of Customer having his own terms and conditions or if Customers refers to them, Supplier will strongly protest these. Terms and conditions that are not in line with the terms and conditions from Supplier will not be accepted.
1.8 By making an agreement or placing an order, the Customer acknowledges that he has read and understand these terms and conditions.
2 Conditions and practicing the right to renunciation in case of sale at a distance:
2.1 In case that Customer is a natural person, he has the right in case of sales at a distance, to notify Supplier via signed letter that he wants to stop the purchase, without having to pay a fee and without having to declare a reason for this, and this within 7 working days starting from the day the Goods are delivered to Customer.
2.2 In case Customer is practicing the right to renunciation and in case article 2.3 to 2.5 are fulfilled, Supplier will refund the total payd purchase cost on an account number specified by customer.
2.3 All the costs involved of returning the delivered Goods in case of renunciation are to be paid and for the risk of the Customer.
2.4 The renunciation as written in article 2.1 is not applicable to software and clothing.
2.5 The Goods may not be damaged and must be returned in the original and unused packing.
2.6 Articles 2.1 too 2.4 are only applicable to natural persons, for business persons or companies the normal invoice terms are applicable.
3. Coordinates:
3.1 Supplier: Small Craft Solutons, established at 2830 Willebroek, Oude Dendermondsestraat 80, with
VAT number: BE 875.636.420.
3.2 All correspondence to the Supplier should be send to the address of establishment. Supplier can also be reached via phone on +32 3 766 31 66, via fax on +32 3 766 31 66 and via e-mail: verkoop(@)smallcraft.be.
4. Offers:
4.1 All offers are made free of obligations, unless otherwise mentioned in writing by Supplier.
Offers that are not signed by Supplier does not give Customer any rights.
4.2 All with an offer made pictures, designs and information such as weight, dimensions and quantities are made as accurate as possible. These offers are only binding when confirmed in writing. There is no need to give details.
4.3 With all offers from Supplier it is the meaning that all Goods are supplied in the usual design.
4.4 Supplier beholds the right to deny orders or assignments without having to give a reason.
5. Orders:
5.1 Orders can be placed via the website, via e-mail, fax and telephone.
5.2 When orders are made through the website, Customer automatically receives a confirmation e-mail. However if within 2 working days Customer did not receive an official order form from Supplier, Customer needs to act as if Supplier did not receive the order. When this happens, Customer needs to contact Supplier to re-engage the order.
5.3 Supplier can never been put responsible for the case as described in article 5.2 or for orders that are fulfilled late.
6. Payment:
6.1 Payment can be done on a manner chosen by the Customer being: in advance via bank transfer, deposit or via credit card or cash on delivery.
6.2 Deposits and bank transfers from outside Belgium always need to occur via IBAN. Costs that can be charged by banks for possessing payments can be invoiced to the Customer.
6.3 Cheques are only accepted from Belgian residents and only count as payment after acceptance by the bank. Possible costs that accompany the above are for the account of the Customer
6.4 In case of default or non payment, the Customer owes the Supplier a fixed lump sum of 10% of the owed sum. The lump sum is always minimum 50 euros. On top of this, in case of non payment on the expiry date of the invoice, there will be an interest counted from 1% per month counting from the day the invoice was delivered or the foreseen expiry date. Each started month will count as a complete month.
6.5 Received payments will first be used to pay indebted interests on invoices paid too late.
6.6 The non-payment on the expiry date of an invoice gives Supplier the right as per the law to claim all other, even not due, payments of invoices. Supplier has in this case the right to cancel all running and open orders.
6.7 Upon receiving of a non covered cheque the Customer owes the Supplier a fixed lump to cover the administrative costs, for the amount of 13 euros. The existence of a non covered cheque does not deny the right to Supplier to activate the terms and conditions of this article. The fixed lump is not attached to the possibility for the Customer to appeal to court.
7 Rights of ownership:
7.1 The delivered goods stay the property of the Supplier until the Customer has fulfilled all claims from Supplier with regards to agreements of these goods or as long as Customer does not fulfil claims from similar agreements or any other claims from Supplier, included claims from accountable shortcomings from Customer to Supplier and claims because of illegal acts from Customer to Supplier.
7.2 The Customer will treat the goods that fall under the Rights of ownership with the caring of a good merchant and will store them free of charge and insure them for fire and robbery.
7.3 The Customer has no right to put any right of claim on the goods delivered under the rights of ownership, as long as this right of ownership exists.
7.4 The Customer has a commitment to Supplier to declare in the above situations to third parties that he is not qualified to give a right of ownership on these goods. Pawnage of these goods which contradicts with the Right of ownership will be treaded as embezzlement from Supplier.
7.5 In case of confiscation of the goods, the Customer has to inform immediately the Supplier about this in writing.
7.6 In case Customer does not pay the by Supplier demanded amount, included non payment as per the periods stated in article 6, request of suspension of payment, bankruptcy, trustee in bankruptcy, decease or termination of businesses of Customer, the Supplier has the right to claim back the goods and take to him without the need of any legal shortcoming. The Customer is compelled to return the goods to Supplier on Suppliers first demand. The costs involved in returning goods to Supplier are to be paid by Customer. The Customer is compelled to grant access to Supplier to the premises of Customer where the goods are allocated and give supplier the opportunity to take his goods back.
7.7 During the period these Right of ownership is in effect, the Customer is fully responsible for the risk of the goods starting from the moment that the goods are in possession of Customer.
8. Delivery:
8.1 Ordered goods are delivered via (taxi)post or any other transport company chosen during the ordering procedure on the website, or can be collected at the location of Supplier.
8.2 Transportation of the ordered goods is for the risk and cost of the Customer.
8.3 It is possible that Supplier delivers the ordered goods himself in case the delivery address is located in Belgium. In case The sum of the ordered goods is smaller than 500 euros, Supplier will charge Customer per kilometre.
8.4 In case the sum of the prices of the ordered goods is equal or greater than 500 euros, and the customer or the delivery address is within the BENELUX, Supplier will not charge transportation costs.
8.5 All transportation costs are negotiated during the ordering process and will be shown on the order forms.
8.6 Each period of delivery, when mentioned, only count as information and are approximate.
Deliveries that are met too late does not give the Customer the right to decline or stop the order or claim a compensation as well as end his duty to pay. In any case every event that poses a non take able obstacle, or forces Supplier to temporally or completely stop the processing of the orders and deliveries, will be seen as force majeure. Including, but not limited to, accidents, wars and there consequences, bad weather conditions, strikes, lock-outs, shortage of manpower and materials, disturbances and difficulties wit regards to transportation, and so on, that incur with Supplier or his suppliers. The temporally defer of the order or delivery through force majeure, legally and without any compensation foresees that the originally determined delivery time is extended with a period equal to the time the delivery has stopped, plus the time needed to reprocess the orders.
8.7 Supplier has the right to claim a compensation from Customer in case Supplier, during the process of his commitments, could not start at the negotiated date and in case this is to blame to the Customer.
9. Liability and indemnification:
9.1. Liability of transportation:
The risk of transportation is to the account of the Customer. The Supplier is in now way responsible and cannot be liable for incomplete or damaged deliveries. Suppliers always makes sure the goods are packed in sound and protective packing to minimise the change of goods getting damaged.
9.2 Protests with regards to incorrect deliveries need to be send in writing to Supplier within 2 working days upon delivery, if not, all protests will be regarded as non existent.
9.3 Indemnification by Supplier with regards to Customer is limited to the indemnification for own action of Supplier and also the indemnification of hidden flaws which are to be reported within 2 working days, starting from the notification of the defect, in writing to Supplier.
9.4 The Goods are sold in "as-is" condition and, except for the cases explained in articles 9.2 and 9.3, will not be taken back.
9.5 Clothing that is made to fit will in no way be taken back.
9.6 Supplier can in no way been made liable for wrong or bad info with regards to hardware of Customer.
9.7 Supplier can in no way been made liable for damage consequent by miss-use and/or faulty actions done and made by Customer on the supplied goods.
9.8 In case Customer purchases radio equipment from Supplier, he acknowledges by means of accepting these terms and conditions that he has all necessary licenses to use this equipment and thus releases Supplier from all liability to the law.
10. Warranty:
10.1 On most of our products there is a warranty of 1 year. The period of the warranty depends on the type of product. In case of warranty the Customer may send on his own risk and costs, the goods to the resident of Supplier. Supplier will take care of further processing with the manufacturer. In the case there is a warranty on the good longer than 1 year, and the 1st year has passed, Customer has to contact the manufacturer himself without any intervention and liability of Supplier.
10.2 Supplier will never do repairs himself. Products received for warranty and/or repairs will always be forwarded to the designated manufacturers.
10.3 Claims for warranty are only valid when presented with the original purchase invoice and only when the goods are returned in the original packing, including any drivers, cables and manuals. Supplier cannot accept exceptions on this. On certain goods there is "on-site" warranty, in which case Customer has to contact the manufacturer himself. The manufacturer will thus process the warranty claim.
10.4 Products that are returned to Supplier for warranty and are proven to be non defective or not liable for warranty. In this case the repair is for the cost of the Customer, and Customer will be charged an additional compensation of minimum 50 euros exclusive VAT for research, administrative and transport costs possible made by Supplier. Customer is responsible for delivery and pick up of the for repairs presented Goods. Repairs which does not fall under warranty are for the cost of Customer against the at that time counting hour and part costs.
11. Revoking of agreements:
11.1: In case Customer is a business person or company the revoking of an agreement done by Customer will have to pay a lump sum damage claim of 12% of the sales price, without denying the right of Supplier to prove and demand higher damage costs.
11.2: In case Customer is a natural person the terms and conditions mentioned in article 2 are applicable.
12. Processing of privacy data:
12.1 Customer can take note of all available goods and services with the attached prices free of obligations.
12.2 The privacy data from customer received via order forms, the website or any other means will only be used by Supplier to correctly process placed orders.
12.3 The privacy data received by Supplier will in no case be send to third parties, except for the use of transport companies in order to deliver the goods correctly.
12.4 Customer has access to all gathered information with regards to himself and has the right to make corrections. This can be done by simple request in writing or via e-mail to Supplier.
13. Copyright and intellectual possessions:
13.1 Without prejudice to the previous articles in these terms and conditions, Supplier remains all rights and authorities as per the copyright.
13.2 Customer is not permitted to make any changes in all information given by Supplier unless otherwise mentioned in writing by Supplier.
13.4 The information, designs, drawings, movies, pictures, documents, software or other materials offered to Customer by Supplier within the frameworks of a possible agreement remain the property of Supplier regardless if this is presented to Customer or third parties, unless otherwise mentioned in writing by Supplier.
13.5 All information, designs, drawings, movies, pictures, documents, software or other materials offered to Customer by Supplier or to be used by Customer solely for private purposes and may not be distributed, copied or send to third parties without approval in writing from Supplier.
13.6 Nothing on the website(s) from Supplier may be copied or imitated without explicit written approval from Supplier.
14. Disputes:
14.1 All disputes and quarrels with regards to making and/or actioning an agreement, interpretation, cancelling or any other dispute with regards to an agreement between customer and Supplier are to be treated solely by the courts of the district Sint Niklaas, Belgium.
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