hereinafter referred to as: user
ARTICLE 1 DEFINITIONS
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
User: the user of the general terms and conditions;
The consumer: a counterparty who is a natural person and does not act in the exercise of a business or profession;
Agreement: the agreement between the user and the consumer;
The consumer purchase: the agreement to buy and sell with regard to a movable property, which is concluded by a seller who acts in the exercise of a profession or business, and a consumer, natural person, who does not act in the exercise of a profession or company.
ARTICLE 2 GENERAL
1. These terms and conditions apply to every offer, quotation and agreement between the user and the consumer to which the user has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.
2. The present terms and conditions also apply to agreements with the user for the implementation of which third parties must be involved.
3. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing.
(See also: Article-by-article explanation under 1).
ARTICLE 3 OFFERS AND QUOTES
1. All offers and quotations are without obligation and are made in any written form, unless the user declines a written offer for practical, urgent or other reasons. The offer provides for a date or date, or can be determined by date.
2. User is only bound by offers and quotations if they are accepted by the consumer, preferably in writing, within 30 days. The prices stated in a quotation include VAT, unless stated otherwise.
3. User cannot be held to his offers and quotations if the consumer should have understood, in terms of reasonableness and fairness and generally accepted views in society, that the offer or quotation or any part thereof contains an obvious mistake or clerical error.
4. If the acceptance deviates (on minor points) from the offer included in the quotation, the user is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the user indicates otherwise.
5. A composite quotation does not oblige the user to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.
6. Offers or quotations do not automatically apply to repeat orders
Article-by-article explanation under 2).
ARTICLE 4 FORMATION OF THE AGREEMENT
1. The agreement is concluded through timely acceptance by the consumer of the user's offer.
ARTICLE 5 DELIVERY
1. Unless otherwise agreed, delivery takes place ex works / shop / warehouse of user.
2. The consumer is obliged to accept the purchased goods at the time when they are available to him or made available to him.
3. If the consumer refuses or fails to provide information or instructions necessary for the delivery, the items intended for delivery will be stored at the risk of the consumer after the user has notified him. In that case, the consumer will owe all additional costs.
4. If the user and the consumer agree on delivery, the purchases will be delivered free of charge, unless the user has notified the consumer of the established conditions at the conclusion of the agreement. The User reserves the right to invoice the delivery costs separately upon delivery.
5. If it has been agreed that delivery will be carried out in stages, the user can suspend the execution of those parts that belong to a following stage until the consumer has approved the results of the preceding stage in writing.
6. If the user requires information from the consumer in the context of the performance of the agreement, the delivery time will commence after the consumer has made this available to the user.
7. If the user has stated a term for delivery, this is indicative. A specified delivery time is therefore never a strict deadline. However, the final delivery time will never exceed the specified delivery time by more than one week, unless there is force majeure. If a term is exceeded, the consumer must give the user notice of default in writing.
(See also: Article-by-article explanation under 3).
ARTICLE 6 WARRANTY & RIGHT OF WITHDRAWAL
1. User guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free from any defects.
2. The guarantee mentioned under 1. also applies if the goods to be delivered are intended for use abroad and the consumer has explicitly notified the user of this use in writing at the time of entering into the agreement.
3. The guarantee referred to under 1. applies for a period of 14 days after delivery.
4. If the goods to be delivered do not comply with these guarantees, the user will replace the goods within a reasonable period of time after receipt thereof or, if return is not reasonably possible, after written notification of the defect by the consumer, at the discretion of the user or take care of recovery. In the event of replacement, the consumer already undertakes to return the replaced good to the user and to transfer ownership thereof to the user.
5. The guarantee mentioned here does not apply if the defect has arisen as a result of injudicious or improper use or when, without the written consent of the user, the consumer or third parties have made changes or attempted to make changes to the item or used it for purposes for which the item is not intended.
6. If the delivered item does not correspond with what was agreed and this non-conformity is a defect within the meaning of the product liability regulation, then the user is not liable for the resulting consequential damage.
7. The provisions in these general terms and conditions with regard to warranty, do not affect the warranty claims of the consumer by virtue of the law, all with due observance of the provisions in these general terms and conditions and the agreement, including the nature and quality of the the consumer has been sold and delivered.
8. If an article turns out differently than you expected, you can exchange or return the article. We use a period of 14 days for this.
(See also: Article-by-article explanation under 4).
ARTICLE 7 RESERVATION OF OWNERSHIP
1. User remains the full owner of the delivered item until the purchase price has been paid in full.
ARTICLE 8 INVESTIGATION, CLAIMS
1. The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. In addition, the consumer should investigate whether the quality and quantity of the delivered goods correspond with what has been agreed, or at least meet the requirements that apply in normal (trade) traffic.
2. Any visible shortages must be reported to the user in writing within three days of delivery, this with simultaneous submission of the warranty certificate and the defective item, unless this is impossible or unreasonably onerous.
3. A non-visible defect must be reported by the consumer to the user within 14 days after discovery, but no later than within the warranty period, with due observance of the provisions of the previous paragraph of this article. After expiry of the warranty period, the user is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs.
4. If a complaint is made in time pursuant to the previous paragraph, the consumer remains obliged to accept and pay for the items purchased. If the consumer wishes to return defective goods, this will be done with the prior written consent of the user and in the manner indicated by the user.
(See also: Article-by-article explanation under 5).
ARTICLE 9 TRANSFER OF RISK
1. The risk of loss or damage to the products that are the subject of the agreement passes to the consumer at the moment they are legally and / or factually delivered to the consumer and thus under the power of the consumer or of a third parties to be designated by the consumer.
(See also: Article-by-article explanation under 6).
ARTICLE 10 PAYMENT
1. Orders via the internet must first be paid before production is started.
User can refuse full payment of the principal sum, if the interest and accrued interest as well as the costs are not also paid.
(See also: Article-by-article explanation under 8).
ARTICLE 11 SUSPENSION AND DISSOLUTION
1. User is authorized to suspend compliance with the obligations or to dissolve the agreement if:
- The consumer does not or not fully fulfill the obligations under the agreement.
- after the conclusion of the agreement, the user becomes aware of circumstances that give good reason to fear that the consumer will not fulfill his obligations. If there is good reason to fear that the consumer will only partially or improperly fulfill his obligations, suspension is only permitted insofar as the shortcoming justifies it.
- when concluding the contract, the consumer was asked to provide security for the fulfillment of his obligations under the contract and this security is not provided or insufficient.
2. Furthermore, the user is authorized to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfillment of the agreement is impossible or, according to the standards of reasonableness and fairness, can no longer be required or if circumstances arise in any other way. nature that unaltered maintenance of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, the claims of the user on the consumer are immediately due and payable. If the user suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
4. User always reserves the right to claim compensation.
ARTICLE 12 INDEMNIFICATIONS
1. The consumer indemnifies the user against claims from third parties with regard to intellectual property rights on materials or data provided by the consumer that are used in the execution of the agreement.
2. If the consumer provides the user with information carriers, electronic files or software, etc., the consumer guarantees that the information carriers, electronic files or software are free of viruses and defects.
ARTICLE 13 INTELLECTUAL PROPERTY AND COPYRIGHTS
1. Without prejudice to the other provisions of these general terms and conditions, the user reserves the rights and powers that accrue to the user on the basis of the Copyright Act.
2. The consumer is not permitted to make changes to the goods, unless it follows otherwise from the nature of the delivered goods or otherwise agreed in writing.
3. Any designs, sketches, drawings, films, software and other materials or (electronic) files created by the user in the context of the agreement remain the property of the user, regardless of whether these are provided to the consumer or third parties. are asked,
4. Any documents provided by the user, such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended to be used by the consumer and may not be reproduced by him without the prior consent of the user. made public or brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
5. User reserves the right to use any knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
ARTICLE 14 LIABILITY
1. If the goods delivered by the user are defective, the liability of the user towards the consumer is limited to what is regulated in these conditions under "Guarantees".
2. If the producer of a defective item is liable for consequential damage, the user's liability is limited to repair or replacement of the item, or reimbursement of the purchase price.
3. Without prejudice to the above, the user is not liable if the damage is due to intent and / or gross negligence and / or culpable acts, or injudicious or improper use by the consumer.
4. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the user or his subordinates.
(See also: Article-by-article explanation under 10).
ARTICLE 15 FORCE MAJEURE
1. The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to fault, and is not accountable for by law, a legal act or generally accepted beliefs.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or unforeseen, on which the user cannot exert influence, but as a result of which the user is unable to fulfill the obligations. to come. This includes strikes in the company of the user.
3. User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the user should have fulfilled his obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
5. Insofar as user at the time of the commencement of force majeure has meanwhile partially fulfilled his obligations under the agreement or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, the user is entitled to fulfill or fulfill the obligations already fulfilled or fulfilled respectively. part to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
(See also: Article-by-article explanation under 11)
1. The judge in the user's place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
(See also: Article-by-article explanation under 12).
Article 20 Applicable law
1. Belgian law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.
Article 17 - Credits
Empowerfiles.com uses a prepaid credit system, these credits are purchased in advance and are credited to the account. The credits remain valid as long as the account is online, so they do not expire after a certain period.