GENERAL TERMS AND CONDITIONS OF SALE
1. These General Terms and Conditions apply to all orders placed by the Buyer with SPIE ICS Document Solutions S.A. (the 'Seller') on the Internet, by telephone, fax, post, or e-mail. These
orders are placed in the context of a trade for professional use.
2. Unless otherwise expressly agreed in writing between the parties, the provisions included in these General Terms and Conditions constitute all agreements and conventions concluded between the Buyer and the Seller. This excludes conditions in documents issued by the Buyer.
3. Prices are subject to change at any time, unless otherwise specified.
4. Sales prices exclude taxes and VAT. Any new tax, customs or transport charge that increases the cost price during the execution of a transaction or an order will be added to the agreed price.
5. The quantities to be delivered must correspond exactly to the standard packaging quantities known to the Buyer.
6. Unless otherwise specified, the goods shipped are at the Buyer’s expense and risk as soon as they leave the Seller's warehouses, regardless of the mode of transport.
7. All goods are deemed to have been accepted within eight calendar days of delivery. Under penalty of forfeiture, any complaint concerning quantity, quality or workmanship must be made in writing within this eight-day period.
8. Any delay in the delivery of goods shall not invalidate the order or give rise to any claim for
compensation.
9. Conditions specific to orders placed by the Buyer via the ordering system available in
the customer area of the Seller’s website (hereinafter referred to as ‘the Internet Ordering System’):
9.1. Use of the site and/or the Internet Ordering System implies acceptance of these General Terms and Conditions.
9.2. The Seller has full ownership of the site, including all intellectual property rights over the site and its content. It grants a non-exclusive licence to its users. No copy, even partial, of the site or its content is permitted without written authorisation from the Seller. The Seller declines any responsibility for the content of third-party sites to which reference is made on the Seller’s site by means of a hypertext link.
9.3. The Buyer who decides to use the Internet Ordering System shall appoint an administrator (‘Administrator’), who will allow other users (Delegates) to place orders for the company. To this end, the Administrator is responsible for assigning to Delegates profiles with the appropriate levels of authorisation from the profile types available (System Admin, Approver, Shopper, or Guest). The Buyer guarantees that the Administrator can validly represent the company. Any order placed by an Administrator or one of their Delegates is fully binding on the Buyer.
9.4. The Seller reserves the right to withdraw at any time the approval they have given to the designation of a Delegate and deactivate this Delegate.
9.5. The information given on the site and the acknowledgements of receipt sent by the Seller are sufficient to fulfil the Seller’s information obligations.
9.6. The Seller does not guarantee that the external appearance of the products that can be ordered on its site corresponds perfectly to that of the products shown in the photos of these products published on the site.
9.7. Unless otherwise specified, delivery costs are not included in the prices shown and will be
charged separately.
9.8. When an order is placed using the Internet Ordering System, the Buyer will receive an acknowledgement of receipt of the order. This acknowledgement in no way implies that the order has been accepted. The order may still be refused by the Seller’s departments.
9.9. Passwords and Identifications (or logins), together referred to as ‘codes’, issued to users of the Internet Ordering System are strictly personal. Users are responsible for the use made of these codes. Any order placed using a user’s codes (whether the user is an Administrator or a Delegate of the Buyer’s) will be binding on the Buyer. In the event of a suspected loss of confidentiality of a user’s codes, the Buyer will immediately inform the Seller so that appropriate measures can be taken.
9.10. The Seller declines all responsibility in the event of damage caused to the Buyer or their IT system as a result of using the Internet Ordering System.
10. The parties agree to comply with legislation on the protection of personal data.
11. The warranty relating to the products sold is limited to that granted by the manufacturer and to the price of the product. To the extent permitted by law, the Seller shall not be liable for any other damage, whether suffered by the Buyer or a third party to this contract, even in the case of bodily injury. No goods may be returned without the written authorisation of the after-sales service. Such authorisation does not imply any recognition by the Seller that the goods returned are defective or non-conforming. In any event, the returned goods will be shipped at the expense and risk of the Buyer.
12. The Buyer will become the owner of the goods once all invoices relating to these goods have been paid.
The Buyer may not sell, pledge or otherwise dispose of the goods sold until the price and charges have been paid in full.
13. Unless otherwise specified, all invoices are payable within thirty days of the end of the month in which the invoice was issued. If the amount owed is not paid on time, it will be increased by 20% without further notification, as well as by default interest, in accordance with the Law of 2 August 2002.
Any payment to intermediaries shall be considered non-existent.
14. If the Buyer fails to comply with the obligations stipulated in this document or in any other contract concluded with the Seller, the Seller shall have the right to terminate the contract without prejudice to their right to claim compensation. In addition, all other amounts still owed, as well as outstanding bills of exchange,
and collection costs, shall become immediately due and payable.
15. If one of the clauses of this contract is declared null and void, it will not affect the validity of the other clauses.
16. These General Terms and Conditions may be amended at any time. They will apply to all
orders placed after the new terms and conditions have been communicated to the Buyer or, for orders placed using the Internet Ordering System, after they have been published on the site.
17. In the event of a dispute, the Courts of Nivelles shall have sole jurisdiction.
Belgian law governs these General Terms and Conditions.
