GENERAL TERMS AND CONDITIONS OF SALE
1.1. The present terms and conditions are applicable to all sales made by SRL 3DTECHLAB whose registered office is located at 77 Chaussée Romaine - 5030 Gembloux, company number BE0765.734.628, email : firstname.lastname@example.org, phone : Tel : +32(0)188.8.131.52, (hereafter " SLICE3D ").
1.2 Except contrary express and written stipulation of SLICE3D, the present general conditions are applicable to any offer emitted by SLICE3D, any order placed by the customer and any sale concluded with the customer, physical or moral person, acting on a purely professional basis or as a consumer, who accept them in their entirety. Any other condition, general or particular, not expressly approved by SLICE3D is inopposable to SLICE3D.
1.3. Any order of products and/or services to SLICE3D implies the whole adhesion and without reserve of the customer to the present conditions.
1.4. SLICE3D reserves the right to modify the present general conditions at any time. In this case, the applicable general conditions are those in force at the date of order by the customer.
1.5. The fact for SLICE3D not to take advantage, at a given time, of any one of the present general conditions cannot be interpreted as being worth renunciation on its part to take advantage of it later.
2. Offers and orders
2.1. The information, specifications, data, product descriptions and proposals contained in the brochures, catalogues, folders, binders, on any support whatsoever are for information purposes only and do not constitute a binding offer by SLICE3D.
2.2. SLICE3D does not guarantee a perfect similarity between the displayed products and the sold products.
2.3 Only a written offer sent by SLICE3D to the customer binds SLICE3D. The validity of the offer is thirty (30) calendar days from the sending of the offer, except if it has been expressly agreed otherwise between the parties.
2.4. Without prejudice of the right of retraction foreseen in the article 12 of the present, an offer accepted by the customer or an order placed by the customer cannot be cancelled, except express and written agreement of SLICE3D.
2.5. Without prejudice to the right of withdrawal provided for in article 12 hereof, in the event of cancellation of an order, any deposits already paid will not be reimbursed and will be considered as the costs to be paid by the customer for the cancellation of the order.
3.1. Products are offered subject to availability. In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the option of cancelling the order. The customer will then have the choice of requesting either a refund of any sums paid within thirty (30) calendar days of their payment at the latest, or to order another product as a replacement.
4.1. The products are sold at the prices in force at the time of the order as indicated in SLICE3D's price list or in the particular conditions of the market communicated in the offer presented by SLICE3D.
4.2 All prices are quoted in euros.
4.3. Unless otherwise stipulated, prices do not include VAT, or any other tax, duty or other indirect contribution that may be payable under Belgian or foreign legislation.
They do not include delivery costs.
4.4. SLICE3D reserves the right to modify its prices at any time. In this case, the applicable price is the one in force at the time of the order or sale.
5. Delivery times
5.1. The delivery times indicated by SLICE3D are given as an indication and are always given subject to the possibilities of supply, manufacture and transport. The delivery time does not constitute an essential element of the sale contract.
5.2. A delay in the delivery can never give place to some fines or indemnities in the head of SLICE3D or to justify the cancellation of the order by the customer.
6.1. Unless otherwise agreed in writing by SLICE3D, the delivery of the product is done by giving it to the customer at the point of sale or at the head office of SLICE3D. SLICE3D informs the customer when the product is ready to be delivered and this according to the most appropriate methods, unless otherwise agreed, the customer has ten (10) calendar days to withdraw the product. If the customer doesn't withdraw the product in the aforementioned delay, SLICE3D can, at its discretion, either store the product in its warehouses at the customer's risk and expense until the latter takes delivery against payment of the price increased by the storage costs, or consider that the sale is automatically cancelled at the customer's expense, in which case the latter will be informed by any adapted means of communication, the price paid taking the place of compensation.
7. Terms of payment
7.1. Invoices are payable in cash, without discount, unless otherwise stipulated thereon.
7.2. In case of order, SLICE3D reserves the right to demand the payment of a deposit.
7.3. Payments must be made to SLICE3D head office address and to the bank account indicated on the invoice.
7.4. Any partial payment is always applied to the oldest debt.
7.5. Except if the law doesn't allow it, SLICE3D can charge administrative fees for the sending of additional duplicate invoices, reminders, formal notices, for a payment plan following a delay of payment as well as postage fees.
The bailiff and/or lawyer fees incurred by SLICE3D in order to obtain the payment of a due invoice will be passed on to the customer.
7.6. Any sum unpaid at its due date produces by rights and without preliminary setting in residence of the interests at the annual rate of 8,5% as from the due date, increased by a fixed allowance of 10% with a minimum of 50 euros, for extrajudicial expenses of recovery, without damage of the right of SLICE3D to prove the existence and the extent of a higher real damage and to claim the refunding of it.
8. Transfer of ownership
8.1. The products delivered in execution of an order remain the property of SLICE3D until the complete payment of the price, not only of these products, but also of all the other products sold and delivered to the customer by SLICE3D and whose price would not have been entirely paid yet. By price, it is necessary to understand the price invoiced by SLICE3D including the expenses, in particular of transport relating to the sale and the VAT, as well as the possible interests and allowances due because of the non-fulfilment or the late fulfilment of the contract. In case of non-payment by the customer in the contractual term, without prejudice of the other rights belonging to him by virtue of the contract or the law, SLICE3D can (but is not obliged) to require the restitution of products to the expenses and risks of the customer. The products in stock are presumed to be those unpaid. In any case, the parts agree that except exception the products of SLICE3D are things of kind allowing SLICE3D to implement its clause of property reserve on all the products similar to those unpaid which are in stock at the customer. The customer has to pay an indemnity of devaluation fixed at 10% of the price of products by month of detention since the delivery until the restitution. This compensation will be offset against any advance payments made.
8.2. As long as the integral payment of the price was not carried out, it is forbidden to put the delivered products in pledge in some way that it is, or to offer them or to use them in guarantee. In case of seizure practised by a third party as in case of situation of contest between creditors on the product being the object of the property reserve to the profit of SLICE3D, the customer will inform SLICE3D about it without delay to allow him to preserve his rights.
8.3. As long as full payment has not been made, the customer undertakes to insure against all risks at his own expense and will remain responsible for maintaining the products delivered in good condition.
9. Transfer of risk
9.1. Subject to the exception set out in article 9.2 below, when it has been agreed that the product is to be delivered to the customer, the product is sent at the customer's expense and risk.
9.2. If the customer requesting delivery of the product is a natural person acting as a consumer, i.e. acting for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity, the risk of loss of or damage to the product is transferred in accordance with the law to the consumer when the latter, or a third party designated by the latter, takes physical possession of the product.
However, the risk is transferred to the consumer directly to the delivery of the product to the carrier as soon as this last one was charged of the transport of the product by the consumer and that the choice was not proposed by SLICE3D.
10. Warranty and liability
10.1. Subject to article 10.2 below, the guarantees granted by SLICE3D are exclusively :
10.1.1. Those given to it by its factories and suppliers and whose limits and conditions the customer accepts.
10.1.2. The legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the French Civil Code: the customer has 2 years from the date on which he/she discovers the defect to invoke the said guarantee. If the product delivered proves to be affected by a hidden defect, the customer may choose, subject to the cost conditions, between :
Return the product and get your money back.
Keep the product and obtain a partial refund.
The parts agree that to have the right to make play the legal guarantee against the latent defects mentioned above, the customer must imperatively inform SLICE3D of the existence of the latent defect in the 2 months as from the day when the customer noticed this one.
10.2. If the customer is a natural person acting as a consumer, he or she may also invoke the legal guarantee of conformity (articles 1649 bis et seq. of the French Civil Code): the consumer has 2 years from the date of delivery of the product to invoke this guarantee. If the product delivered proves to be affected by a lack of conformity, the consumer may choose between repairing or replacing the product, subject to the cost conditions laid down by law.
10.3. These guarantees do not apply in the following cases (the list below is not exhaustive):
10.3.1. In case of intervention or manipulation by a third party who is not legitimately authorised by SLICE3D.
10.3.2. In the event of damage resulting from faulty treatment, poor maintenance or abnormal use or any other use which does not comply with the manufacturer's instructions.
10.4 Under no circumstances, SLICE3D's responsibility will exceed the above mentioned commitments (replacement/refund). In particular, SLICE3D will not be held responsible for any loss or indirect damage, whatever it is. The product must be returned in its original packaging. In no case, the original references, labels or stamp could have been removed, modified or destroyed.
In the same way, SLICE3D can't be held responsible for the content of any third web site whose link would be mentioned on SLICE3D web site or for any consequence resulting from actions based on the content of other web sites.
11.1. The complaints concerning the invoices must be introduced by registered letter addressed to SLICE3D and this in the 8 calendar days of the date of emission of the concerned invoices, failing which these last ones will be considered as accepted.
11.2. The customer is held to control or to make control the delivered products at the time of the reception. The complaints as for an apparent defect must reach by registered letter to SLICE3D within 8 calendar days as from the taking in possession of products that they are it by the customer or by a third. After this delay, the products are considered as accepted without reserve by the customer.
11.3 Any complaint or request for guarantee must be motivated and accompanied with supporting documents and will not be able to in no case to be invoked to delay the payment of the invoice. A return of products will be accepted only after written request and written agreement of SLICE3D. The expenses of a return organized by the customer without preliminary written agreement of SLICE3D can never be taken into account by this last one.
If the customer is a physical person who acts as consumer and that the sale took place remotely (via Internet site for example), the customer has the possibility, in accordance with the law, of cancelling his order, without having to provide a reason and without paying supplement, within 14 calendar days as from the day following the delivery. During this 14 days period, the customer has to inform SLICE3D of his intention to withdraw by sending to email@example.com the model of form provided by the SPF Économie (https ://economie.fgov.be/sites/default/files/Forms/Formulaire-de-retractation.pdf) duly filled.
As soon as the retraction request is received, SLICE3D will contact the customer in order to agree on a date to organize the return of the concerned article. SLICE3D will reimburse the amount of the product concerned as well as the return transport costs as long as the product is complete, in perfect condition and in its original packaging. The customer won't be able to benefit from the above mentioned right of retraction in case of supply of products made according to the customer's specifications or clearly personalized. Similarly, this right of withdrawal does not apply to products which, once delivered and by their nature, are indissociably mixed with other products.
13. Personal data
The personal data collected will be used and processed in accordance with the applicable data protection legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC).
These personal data are treated by SLICE3D with the only aim of the management of the orders, the deliveries, the surveys of satisfaction and the commercial prospection. Your data may be passed on to some of our subcontractors if they need it to carry out the services we require of them (e.g. transport company, etc.). In such cases, we ensure that our sub-contractors provide the same level of protection for your data as we do (including sub-contractors located outside the EU) and only use your data for the service to be carried out.
The customer has the right under certain conditions to ask to have access to his personal data, to ask to make corrections, to delete them or to limit their treatment, or to ask for the transmission of his data by sending a written, dated and signed request to which he will join a proof of his identity, to the head office of SLICE3D mentioned in the article 1 of the present.
14. Applicable law and jurisdiction of the courts
14.1. These general terms and conditions and the contracts to which they apply are subject to Belgian law.
14.2. The French-speaking courts and tribunals of the district in which the head office of SLICE3D is established are exclusively competent to know any dispute between the parts as for the present general conditions and as for the contracts on which they apply. SLICE3D reserves however the right to go to another competent court if it considers it opportune.
14.3. If one of the articles of these general terms and conditions is invalid or void or is declared void by a competent court, this shall not affect the validity of the other articles of these general terms and conditions of sale, which shall remain in full force and effect. In this situation, the parties agree to consult each other in order to replace the article with a valid article as close as possible to the original intention of the parties.