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These terms
and conditions govern the services offered by emeatrade.com website and
database. Using this Website indicates your agreement to all the terms
and conditions listed below. If you do not agree, please refrain from
using this Website.
General Terms:
a1.
1.1. The conditions set out in this document concern all the products, goods, equipment, apparatus, applications, software, and services presented and sold by EMEA Trade sprl.
1.2. Unless there is a written clause to the contrary, the legal relations between the parties are governed by these terms and conditions of sale, of which the customer-buyer declares that he has read them, and which thus prevail over the customer-buyer's own conditions of purchase.
1.3. The non-application by EMEA Trade sprl of one or more provisions of these general conditions cannot be interpreted by the buyer as constituting a waiver of these conditions..
a2. Offers, confirmations and prices:
2.1. All offers and price reductions are non-binding, unless they contain an acceptance period.
2.2. Any agreement on the part of representatives, salespersons or other members of staff binds EMEA Trade sprl only if it has been confirmed by one of the managers of EMEA Trade sprl.
2.3. The illustrations, dimensions, weights and technical data mentioned in our offers, catalog emails or correspondence are for information purposes only and do not bind EMEA Trade sprl.
2.4. The prices provided by the seller / representative are only indicative and are provided subject to erroneous indication, price increases and within the limits of available stocks.
2.5. The price indicated is that current on the day of the conclusion of the order. If, between the day of the order and the date of delivery or removal, a price increase should be applied following a change in rate or a modification of taxes or duties on the goods, this This may be passed on, without the buyer / customer having, on this account, the right to request resolution. Another price increase, beyond the control of the seller, can always be applied, the buyer / customers having the right, however, if the increase is greater than 5%, to withdraw from the purchase at the latest on the day of the delivery, subject to the payment of a fixed compensation of 25% of the agreed price.
2.6. The prices are expressed in EURO excluding VAT unless specifically mentioned. Shipping costs are not included in the price. EMEA Trade sprl will indicate the shipping costs at the latest when this contract is concluded.
2.7. Unless otherwise agreed, the price of packaging (if applicable) is included in the purchase price.
a3. Delivery, risk, delivery times, right of return and repair.
3.1. EMEA Trade sprl will deliver the products to the address communicated to it or to the agreed address.
3.2. Unless otherwise stipulated in writing, the client-purchaser will take care of the installation of the products himself.
3.3. If it has been agreed that EMEA Trade sprl is responsible for the installation of the products, this installation will be completed as soon as the product has passed the standard installation test procedure of EMEA Trade sprl, or the supplier of EMEA Trade sprl, for the corresponding product.
3.4. If you do not collect the products or do not collect them on time, EMEA Trade sprl will ask you to indicate a date within two weeks of the scheduled delivery on which you can still collect the products. If you do not communicate this date to EMEA Trade sprl and if you still do not collect the products on the new fixed date, the contract will be terminated automatically (and therefore without judicial intervention) and without formal notice. is necessary, without prejudice to the right of EMEA Trade sprl to claim full damages.
3.5. Unless otherwise agreed, all deliveries are deemed to be made from the premises of EMEA Trade sprl.
3.6. For each delivery on Belgian territory through EMEA Trade sprl, delivery costs of at least €35 are charged.
3.7. Delivery times are always fixed approximately and should not be considered as extreme times. They are respected by EMEA Trade sprl as far as possible. Delays in no way justify the cancellation of the order or service, the resolution of the sale / contract, a price reduction or a request for compensation of any kind whatsoever.
3.8. If orders or services cannot be executed in full, the missing part will be noted for subsequent delivery or completion.
3.9. EMEA Trade sprl only grants a guarantee that strictly meets the conditions and limits of guarantee that are imposed by the manufacturer or the supplier, if the manufacturer is not the same (legal) person as the supplier.
3.10. If, for any reason whatsoever, the customer-buyer is not satisfied with the products delivered to him, he has the right to return the products in question to EMEA Trade sprl, at his expense, within 7 days follow the delivery date. If he keeps the products, this implies that he fully and irrevocably accepts them. It is understood that the provisions relating to the guarantee remain entirely in force.
3.11. If the consumer returns the goods, he will be required to pay for the returned products, in addition to the shipping costs and any costs for new packaging, if EMEA Trade sprl receives the products and the software already installed in them in return. in a damaged state or in packaging that is not the original packaging and if the seals of the delivered software programs – with the exception of the operating software and the diagnostic software – have been broken.
3.12. EMEA Trade sprl will examine the products received in return within two weeks.
If the products are damaged, EMEA Trade sprl will charge the lower of the following amounts:
- repair costs, or
- the value of the product in question.
If the seal of the software is broken, EMEA Trade sprl will charge the price of the software in question, except the operating software and the diagnostic software.
If EMEA Trade sprl claims payment from the client-buyer in accordance with paragraph 3.10., the client-buyer shall be entitled to receive the products paid for.
a4. Repairs:
4.1. EMEA Trade sprl will communicate to the buyer a repair number which must be affixed to the packaging when returning the goods. The parties also agree that no return of goods will be accepted without the aforementioned repair number.
4.2. Defective goods which are returned to the seller for repair without a clear description of the defects, will be returned, in the same condition, to the buyer, who must bear the transport costs.
4.3. Goods that are returned by the buyer to the seller for repair must reach the seller in their original packaging, or, failing this, in suitable packaging. If on arrival, the goods show damage caused by transport, the goods are returned to the buyer, at his expense, without being able to give rise to an exchange.
4.4. When returning goods to EMEA Trade sprl for repair, a minimum amount of €50 will be due if, after examination, it appears that the goods are not faulty or that they were never purchased from the seller.
4.5. Goods out of warranty or not originating from EMEA Trade sprl and brought for repair or upgrading remain on the seller's premises at the customer's risk.
4.6. All costs (repair, test, transport, packaging, etc.) are payable in cash. The technical tests that all returned products undergo will be invoiced if the equipment does not present any defect.
EMEA Trade sprl is not required to draw up a preliminary estimate if the repair costs are less than €100.00. The technical and administrative costs for drawing up an estimate are invoiced if the repair is not carried out.
4.7. The customer is informed as soon as the equipment is repaired. The material will however be considered as the property of EMEA Trade sprl if it is not taken back within 3 months after the formal notice.
a5. Cancellation of order, resolution of the service contract
5.1. If the buyer totally or partially cancels his order or service requested or if he remains in default of taking total or partial receipt of his order or service, he will be liable for a lump sum compensation of 30% of the value of the order. or service, without prejudice to EMEA Trade sprl proceeding to the forced acceptance of the order. Any cancellation of the order must be made by registered letter.
5.2. In the event of non-payment (partial or complete) of the outstanding order or old invoices, EMEA Trade sprl reserves the right to suspend deliveries and, at the same time, the right to consider the agreement or service contract as resolved. automatically and without prior notice for the whole or the part not yet executed.
5.3. EMEA Trade sprl reserves the right to consider the agreement / service contract as resolved automatically and without prior notice in the event of bankruptcy, manifest insolvency, as well as during any change in the legal status of the buyer.
a6. Retention of title.
6.1. The goods / applications developed as the object of sale remain the property of EMEA Trade sprl until the moment when the totality of their sale price and all its accessories (costs, taxes, compensation due, interest on late payment, etc.) have been effectively paid to it. paid in cash or will have been effectively credited on a firm and definitive basis to his bank account. Until that time, EMEA Trade sprl may claim them from the buyer/customer at any time by simple registered letter if they have been delivered to him, and the latter will also be liable for any damage they may have suffered in relation to in new condition.
6.2. Before ownership of the products passes to you, you may not rent the products to third parties, give them for use, pledge them or encumber them for the use of third parties. Before ownership passes to you, you may only sell, deliver or dispose of the products as necessary in the course of your normal business.
a7. Complaint, liability.
7.1. Upon receipt of the shipment, the buyer is required to check whether the quantity delivered corresponds to the quantity purchased. Complaints concerning apparent defects or conformity must, to be admissible, be notified to EMEA Trade sprl by sending a registered letter at the latest within two days of receipt of the goods / applications. The possible use or resale of the goods voids the liability of EMEA Trade sprl.
7.2. Complaints concerning latent defects are only payable when they are expressed to EMEA Trade sprl by registered letter with sufficient reasoning at the latest within three months following the delivery date and also within two working days after the finding of the defect. The burden of proving that he has respected the said deadlines lies with the buyer. The relevant invoice will only be credited if the goods have been returned to EMEA Trade sprl within seven days of the delivery date. If the goods are returned to the seller after this period, the latter will have the choice between a free replacement or a crediting of the invoice on the basis of the value of the goods at that time. In both cases, any form of right to compensation from EMEA Trade sprl is expressly excluded.
7.3. Complaints by the buyer never give him the right to suspend the performance of his obligations vis-à-vis the seller.
7.4. EMEA Trade sprl is not responsible in any case for any loss / damage of data at the customer and which occurs following an installation or intervention carried out by one of its members. The customer has the obligation to report any possible risk of this kind in advance and before placing his order.
a8. Guarantee.
8.1. The warranty is 12 months. Nevertheless, some goods delivered by the seller carry a guarantee of 2,3, 4 years or more, in this case it will be communicated to the buyer at the time of purchase. Goods with a purchase price of less than €100.00 will only be exchanged if the defect is discovered within three days of purchase. Memory modules and processors are only exchanged if the defect is discovered within three days of purchase.
8.2. Repairs do not give rise to any warranty, unless otherwise agreed or expressly agreed.
8.3. The warranty expires if the conditions communicated on delivery have not been respected, if the goods delivered have been used incorrectly or if the buyer has had modifications made without the express agreement of EMEA Trade sprl.
a9. Exchange, back-order.
9.1. Exchanges are always made on the seller's premises after acceptance by the latter.
9.2. If a back-order is canceled without confirmation by fax, an administrative fee of €50.00 will be charged.
a10. Assignment to third parties and liability.
10.1. EMEA Trade sprl does not bear any responsibility in the event of loss or damage to the goods transported resulting from the nature or inherent defects of these goods. If, for the execution of its mission, EMEA Trade sprl has to call on third parties, subcontractors or other intermediaries, it is only responsible for the careful choice of the latter and for the transmission of data. necessary and correct instructions. EMEA Trade sprl therefore bears no responsibility for claims relating to said assignments.
No form of direct or indirect compensation can be claimed from EMEA Trade sprl in this respect. EMEA Trade sprl does not bear any form of responsibility for any failure or delay in the provision of the goods ordered following limitations or constraints imposed on it by its suppliers, the authorities or any other form of force majeure on which it has no control.
a11. Jurisdiction.
11.1. Only Belgian law applies to our contracts.
11.2. Any disputes must be submitted exclusively to the courts of Brussels.
a12. Payment Terms
12.1. All our invoices are payable in full cash at the address mentioned on the invoice, unless the parties have contractually deviated therefrom or a due date is mentioned on the invoice, in this case, financial charges. will be liable.
12.2. Checks and bills of exchange are not considered payment until they have been cleared. Any costs relating thereto shall be borne by the purchaser or the ordering party. The issuance and/or acceptance of drafts or other negotiable documents does not imply novation and does not constitute a derogation from the general conditions. The costs incurred during the acceptance of drafts are borne by the buyer or the ordering party.
12.3. In the event of non-payment, the buyer is, without formal notice being required, liable for a lump sum compensation of 1% of the amount due. The compensation always amounts to a minimum amount of €50. In addition, in the absence of cash payment or in the event of non-payment on the due date, conventional interest of 15% per year, calculated from the date of issue of the invoice or from the date of due date, will be due without formal notice and automatically on the amount of the invoice. Each month started will be calculated as a full month.
12.4. The non-payment (on its due date) of a single invoice entails the automatic payment of all the other invoices, even those not due.
12.5. Upon receipt of a non-funded cheque, an indemnity of €20 will be due at a flat rate to EMEA Trade sprl for administrative costs. The existence of an NSF check does not prevent EMEA Trade sprl from applying the general terms of payment referred to in this article. This compensation is totally independent of the ability of EMEA Trade sprl to file a criminal complaint with possible civil action.
12.6. The buyer undertakes to compensate EMEA Trade sprl for all of the fees or costs incurred in the context of the amicable or judicial recovery of his debt.
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