INCOTECH BV WEBSHOP TERMS AND CONDITIONS
Article 1: General
1.1 These terms and conditions govern the use of the webshop of INCOTECH BV, registered with the Chamber of Commerce under 0460.694.174 and with business address at BE-9820 Merelbeke, Ambachtsweg 32.
1.2 Only the following sales and delivery conditions of INCOTECH BV, which the customer declares to have read and to have integrally agreed to, apply to the obligations of the parties. These terms and conditions cancel and have precedence over the general and specific sales and purchase conditions of the customer, even if these are introduced afterwards. Deviating conditions should be agreed upon separately and in writing.
1.3 The fact that the customer does not receive the general sales conditions in his/her native language does not exempt him/her from those conditions.
1.4 With every electronic order of products the customer declares to explicitly agree to these terms and conditions by checking the check box “I agree to the terms and conditions”. An electronic order placed without this explicit agreement is, except in cases of fraud, technically impossible, so these terms and conditions are always binding for the customer. The sales conditions apply every time a reservation or order is made through the webshop via http://www.incotech.wwebshops.be/ or every time an order is made by e-mail to firstname.lastname@example.org.
1.5 The customer explicitly declares to be of age. If the customer is not of age, the order should be made by his/her parents or legal guardian. INCOTECH BV reserves the right to cancel the order if it should appear that the customer is not of age. In that case a damages invoice shall be drawn up that covers all related expenses of INCOTECH BV.
Article 2: Order
2.1 Every order is governed by the terms and conditions presented on the webshop at that moment, excluding any older or newer regulations.
2.2 INCOTECH BV is obligated to process the orders placed on the website as long as the ordered products are in stock and subject to the limitations described in these terms and conditions.
2.3 INCOTECH BV reserves the right to reject orders in case of serious suspicion of legal misuse or bad faith, serious suspicion of commercial aims unacceptable to INCOTECH BV or exhaustion of the stock of a certain product.
2.4 An order is only definitive upon accepting these terms and conditions, the prices, and the description of the offer.
2.5 An order details at least the following information: product description, number of products ordered, product price, your name, your address, e-mail address, telephone number and, if applicable, your VAT number. The delivery address is your invoice address unless you have declared a different delivery address. The products shall only be delivered upon complete payment of the invoice.
2.6 INCOTECH BV is careful concerning providing confidential and up-to-date information on products to the visitors and customers of our webshop. The information that we display has been composed based on the information of third parties. As a result, we cannot guarantee that this information is always free of errors, complete and up-to-date. Sales advice to the end user is based on the data you have provided to us and the information provided to us by the manufacturer concerning the products involved. Our sales information and purchase advice is intended only to support the end user in reaching a decision between the available products. As a result, the sales information on our website, as well as any sales advice from our employees, cannot serve as a basis to obtain any rights in case of damage caused by information offered or selection of a wrong product. INCOTECH BV shall never be liable for damage of that nature. Additional expenses resulting from changing the product shall be paid by the customer.
2.7 You shall receive a savable copy of these terms and conditions with your order confirmation or at the latest with the delivery of your order.
Article 3: Price
3.1 All prices mentioned exclude VAT and any other taxes to be paid by the customer. If delivery, transport, booking or administrative costs are charged, this is indicated separately.
For orders below 800 Euros (excluding VAT) a delivery surcharge shall be charged (the exact surcharge shall be displayed during payment in the shopping basket).
For orders of 800 Euros and up (excluding VAT) no delivery surcharge shall be charged on the condition that the delivery address is in Belgium.
For countries other than Belgium a delivery surcharge applies (the exact surcharge shall be displayed during payment in the shopping basket).
3.2 The price only covers products as literally described. The pictures included are purely decorative and may contain products that have not been included in the price.
Article 4: Delivery
4.1 The products shall be delivered to your door on the ground floor. Upon reception the receiver should inspect the product for damage. The receiver should declare any damage on the delivery note that the driver shall present, and then sign that note for reception. If this is not done, any later complaints on the state of the products shall not be processed by INCOTECH BV and the customer shall not be able to hold INCOTECH BV liable. Any visible defects concerning the delivered products should be reported within 48 hours after delivery in writing to INCOTECH BV. The use of even a part of the delivery implies the irrevocable acceptance of the products by the customer.
4.2 If no one is present at the agreed upon delivery address on the agreed upon delivery date, the order shall be returned. In addition to the invoice price, extra transport and administration expenses shall be charged of at least 125 Euros (the exact expenses depend on the number and/or type of products).
4.3 The risks are transferred to the customer as soon as he/she or a person appointed by him/her physically accepts the products.
Article 5: Delivery and installation
If any installation services are provided by third parties, regardless of whether INCOTECH BV has provided mediation or not, INCOTECH BV cannot be held liable for those services.
Article 6: Guarantee
6.1 The guarantee of all products only covers construction defects for the term of one year, on the condition that the products are used normally and for which they were purchased from INCOTECH BV.
6.2 The guarantee only covers “parts” and thus INCOTECH BV shall never be liable for any other damages.
6.3 The guarantee does not cover any defects caused by/as a result of
Overburdening the products, opened doors for extended periods of time
Frozen and/or clogged evaporators, drip pans, drainage pipes
Clogged and/or hindered condensers and/or air filters
Corrosion of heat exchangers (evaporator, condenser, etc.)
Neglect by the customer and/or user
Neglect caused by not reading manuals, proper use or maintenance
Changes in voltage (+/- 10% is allowed) caused by, for example, power failure, lightning, etc.
Changes or reparations by the customer/user and/or a third party
Use of spare parts not included and/or not approved by INCOTECH BV
6.4 The guarantee does not cover
Calls where no defect could be found by the technician during the intervention
Scratches or other minor defects that appear when unpacking the goods or during the installation, which do not affect the proper functioning or appearance of the material
Parts that do not directly affect the functioning of the cooling system, such as lighting, glass, door hinges, door closing mechanism, wheels, etc.
Frozen and/or clogged evaporators, drip pains, drainage pipes
Clogged and/or hindered condensers and/or air filters
Corrosion of heat exchangers (evaporator, condenser, etc.)
6.5 INCOTECH BV is at no time and in no circumstance liable for any damage whatsoever. The customer/user of the products should always ensure that the content of the products is always insured.
Article 7: Payment
7.1 Payment shall take place via bank account transfer before delivery, of which the customer shall be informed during the order on the webshop.
7.2 In case of non-payment of the invoice on the expiration date, the customer legally owes the following, without prior notice, in addition to any open (even if not expired) invoice price: the legal interest rate in commercial transactions according to the 2 August 2002 Act for the Prevention of Arrears in Commercial Transactions.
In case of non-payment in whole or in part without serious and acknowledged reason on the expiration date, a lump sum is owed of 10% of the invoice price with a maximum of €125, in addition to the amount legally owed and without prior notice, even in case of a grace period granted.
7.3 In case of disputes concerning an invoice, the protest should be sent in registered writing within the 5 calendar days after reception, failing which the customer is assumed to have accepted irrevocably the invoice.
7.4 Releasing a protest, the termination with clearance, refusal of payment – even if not established officially – or any other fact pointing to the threatened insolvency of the customer or which endangers his/her credit rating, has the legal consequence that all unpaid invoices become claimable immediately.
7.5 INCOTECH BV reserves the right to legally treat the agreement as terminated without prior notice in case of bankruptcy or apparent inability of the customer, notwithstanding the right to damages.
Article 8: Liability for use of the website
8.1 The website of INCOTECH BV is intended to provide general information to the customer on the products and activities of INCOTECH BV. With regard to access, order processing, delivery or other services, INCOTECH BV only has an obligation to use best endeavours.
8.2 INCOTECH BV has the right at any time to suspend or take down the site in whole or in part for maintenance, updating, or any other reason, even without prior warning.
8.3 INCOTECH BV cannot be held liable for any hindrance or damage caused by the use of the internet, any damage to the system, intrusion of outsiders or a virus, nor for any information placed or processed on this site by third parties or for any issue that can be interpreted as force majeure.
Article 9: Protection of privacy
9.1 INCOTECH BV reserves the right to collect customer details for internal use only, both directly through data collection that the customer provides upon registration and/or ordering and indirectly by, for example, using cookies, newsletter subscription, booking requests or orders.
9.2 In accordance with the Privacy Protection Act of 8 December 1992 the customer shall always have the right to inspect, edit and remove these details if he/she does not want to receive information anymore concerning the activities of INCOTECH BV. For this, the customer can contact INCOTECH BV.
Article 10: Intellectual property
10.1 All parts of the site of INCOTECH BV, including the technology used for that, are the exclusive property of INCOTECH BV and are protected by copyright law.
Users who have a personal website and who, even for private use only, want to establish an automatic link between their site and the home page of INCOTECH BV should ask explicit permission to do so from INCOTECH BV.
Article 11: Retention of title
11.1 The title of the delivered and/or ordered product shall only be transferred to the customer upon complete payment by the customer of the price, any interests, damages, expenses and taxes.
The customer is bound to inform third parties of this retention of title if necessary, for example to those who would seize unpaid products.
11.2 Nevertheless, the risk of the loss or destruction of the delivered and/or ordered product shall be transferred integrally to the customer as soon as the sold product was delivered to him/her.
Article 12: Force majeure
12.1 If INCOTECH BV cannot deliver/process the order in whole or in part as a result of force majeure, it has the right to cancel the agreement in whole or in part, or to temporarily suspend the agreement, without being liable for any damages. The customer does not have the right to claim damages at the expense of INCOTECH BV.
12.2 Force majeure includes but is not limited to the following: war threats or war, strikes, lock-out, technical failures of traffic or transport, failure of (data) networks, governmental measures, resource scarcity, fire, and all circumstances not controlled by INCOTECH BV that limit normal conduct of business.
F-gases regulations - Operation of cooling system
The customer is and shall unconditionally remain liable for being informed sufficiently and correctly for professional operation of his/her installations. INCOTECH BV can never be held liable for the customer not adhering to the F-gases regulations - violations and the follow-up of cooling systems. Our advice concerning corrective measures is never binding and always to be paid by the customer or operator. For the current laws and legislation concerning cooling systems, please visit the competent organisations. For non-binding information and purely informational applications, please visit our website www.incotech.be
Article 14: Nullity
If one of the aforementioned articles should be declared null and void, the other articles shall not be affected by that in any way and shall remain valid.
Article 15: Disputes
Belgian law conventionally governs the agreement.
In case of disputes only those courts of law of the judicial district where the aforementioned business address of INCOTECH BV is located shall be territorially competent.
INCOTECH BV WEBSHOP TERMS AND CONDITIONS CONCERNING CUSTOMERS
The terms and conditions below only apply to customers in the sense of Book VI of the Economic Code as implemented by the Act of 21 December 2013. For all other matters, the above terms and conditions also apply to customers.
Tel: +32 9 272 72 52
Chamber of Commerce 0460.694.174
Article 1: Order
1.1 Orders on the website are assumed to be placed for non-professional aims. These general sales conditions only apply to customers in the sense of Book VI of the Economic Code as implemented by the Act of 21 December 2013.
Article 2: Delivery
2.1 The products shall be delivered to your door on the ground floor. Upon delivery, the receiver should inspect the product for damage. In case of damage, the receiver should declare this on the delivery note presented by the driver and then sign it for reception. If this is not done, any later complaints concerning the state of products shall not be processed by INCOTECH BV and the customer shall not be able to hold INCOTECH BV liable. Any visible defects concerning the products delivered should be reported to INCOTECH BV in writing within 48 hours after delivery. The use of even a part of the delivery implies that the customer irrevocably accepts the products.
Article 3: Right of revocation
3.1 In accordance with articles VI 47-52 of the Economic Code, the customer shall have a term of 14 calendar days to revoke the agreement without reason given and free of charges.
3.2 Every product ordered can be returned in the original packaging within fourteen calendar days to the following address: INCOTECH BV, Ambachtsweg 32, BE-9820 Merelbeke, Belgium.
3.3 The returned product shall only be accepted if it is clean, undamaged and unused, and is packed in the original packaging, accompanied by the instruction manual and invoice or receipt. No expenses or compensation apart from any delivery costs are connected to this.
3.4 Upon processing the revocation, repayment occurs through the same means as used by the customer when purchasing the product, unless the customer explicitly agrees to another means of payment on the condition that this does not introduce any additional expenses.
3.5 The customer can request revocation by contacting the following e-mail address: email@example.com
Article 4: Guarantee - Complaints
4.1 All products delivered are covered by a guarantee only for construction defects for a term of two years, on the condition that the product is used in a normal way and for the purpose for which it was purchased with INCOTECH BV.
4.2 The customer should report any complaints concerning the remote sale to INCOTECH BV, which shall attempt to respond to any complaint within five calendar days after reception.