General terms and Conditions Ahead-IT BVBA, Emanuel Hielstraat 68, 9050 Gentbrugge, Belgium. BTW BE 0867.369.149.
These General Terms and Conditions apply to every order placed at Ahead-IT BVBA.
GENERAL TERMS AND CONDITIONS OF SALE
ART. 1: GENERAL
All customers are considered to know and accept our general terms and conditions of sale and payment. Our terms and conditions will remain valid, even if the purchasing conditions of the customer are contradictory to ours, unless it was agreed otherwise in writing in advance. If the customer does not comply with these General Terms and Conditions, we have the right, legally, without prior notification of default and without any compensation, to consider the agreement as having been dissolved. ART. 2: OFFERS
Our offers are always completely free of obligation and are valid for the term mentioned on the offer. Our prices can always be adapted to the fluctuation of the exchange rate and to the wages or material costs and this without prior warning. The lead times are indicative and are non-binding for us. Delays in the delivery are not grounds for compensation nor for dissolving the agreement. ART. 3: TRANSPORT
Irrespective of the mode of transport, the shipment of goods is at the customer or the addressee's risk. In no instance can we be made liable for damages, loss or theft which happened during the transport, even if it was delivered postage paid. Unless it was agreed in writing beforehand, the costs for postage, packaging, insurance and transport are borne by the customer. Goods are always shipped with UPS or with a sprint courier. Goods transported by UPS can be insured by the client at an additional charge of 1.25% of the value of the goods. Should the goods become damaged, UPS will pay out a compensation to the customer, with a maximum value equal to the value of the goods. The customer has to take out this extra insurance with UPS. We are not responsible for whether or not UPS settles the claim by paying out whatever compensation and only act as intermediary in order to have the claim dealt with as smoothly as possible. The maximum compensation by UPS for uninsured shipments is 346.54 EUR, so we strongly recommend taking out insurance if your goods have a higher value.
PLEASE NOTE: Transport services will never take goods which they find damaged at the supplier’s. This means that we always send our goods in an undamaged state. If, upon presentation of the courier service, the customer deems the shipment damaged, the customer must refuse the shipment and state the reason as ‘shipment damaged’. Reason: As soon as the customer signs for receipt of the package, the responsibility of the courier service will lapse. This will make it practically impossible to claim for damages!
ART. 4: PAYMENT All invoices need to be paid in advance within 7 days after the invoice date, unless agreed otherwise.
ART. 5: CANCELLATION OF AN ORDER
In order to be valid, every complaint must be made in writing. When cancelling an order, the customer owes a lump-sum compensation for damages to the value of 50% of its value, increased with the specific costs which were made to realise the order.
ART. 6: FORCE MAJEURE
Are considered as cases of force majeure which make it impossible to execute sales agreements or orders and grant us the right to cancel them without delay or terminate the remainder of it: complete or partial mobilisation, war and all other military operations, all other incidents which could lead to normal supplies from sellers or supplies being interrupted (i.e. all general or partial strikes, every halt of transport -- even because of other reasons, every measure which is considered as a dispensation imposed by the authorities, etc). In case of bankruptcy, obvious incapacity and whatever change to the legal status of the customer, we have the right to cancel or terminate the remainder of every order or sales agreement with the customer without delay. Every cancellation and termination of orders or sales agreements, as stipulated in present agreement will take place without prior notification of default and without the right of being able to claim compensation or a fine from us. ART. 7: NON PAYMENT Every invoice which was not paid by the due date, will, by right, and without prior notification of default yield an interest of 12% and will also be increased with a lump-sum compensation for damages of 12% with a minimum of 50 EUR.
ART.8: CLAUSE OF RETENTION OF TITLE
The goods will remain the property of the seller until the price has been paid in full. All risks are at the expense of the buyer. The advances that were paid remain the property of the seller in order for him to compensate any losses which he could suffer with re-selling the goods. ART. 9: COMPLAINTS Complaints connected to the delivery and the invoice must reach us within the time described below, by registered mail, whereby the post stamp counts as proof of date of filing the complaint. Complaints concerning the delivery must reach us within 8 days after the delivery, and in any case before using or reselling the goods. Complaints concerning the invoice have to reach us within 8 days after the date of the invoice. Any compensation, payable by us, can never be more than the value of the performances executed by us (postage and transport not included). Filing a complaint does not discharge the customer from his duty to pay. ART. 10: DISPUTES – COMPETENT COURT
Only the courts of Ghent are competent to deal with disputes with respect to interpretation or execution of the agreement at hand.
ART. 11: DATA LOSS
We are, in no way, responsible for the loss of data or damages of the equipment while during the (execution of) the task, whatever may be the cause of the damage. The customer is responsible for creating back-ups of the data.
SPECIAL CONDITIONS ‘DISTANT AGREEMENT', only valid for private individuals
Art. 1 : In deviation from and as supplement to the present agreement, the following stipulations from the General Terms and Conditions apply specifically and solely to selling to consumers via our website, in other words, of a ‘distant agreement’ without there being any contact between seller and buyer. If this is not the case, our General Terms and Conditions will apply solely and undiminished, apart from these Special Conditions.
Art. 2: The consumer declares to have received all the necessary information on the website in order to be able to place his order. The consumer is obliged to read these Terms and Conditions before proceeding with the order. Before finally agreeing to placing the order on the final screen, the consumer is given the possibility of checking and amending (if need be) his/her order. Art. 3: In principle, the seller foresees the payment to happen in cash upon collection of the product or that the product is paid for in advance. If the consumer desires to pay in a different way, he will address this to the seller. Art. 4: The consumer declares that he explicitly agrees that his order by Internet/E-mail has the same value as the present agreement. In all respects, his partial or whole payment will act as proof of his order and the agreement. Art. 5: In some cases the seller will have the right to renounce the sale, and in particular subject to the following conditions: he must be a consumer, the product purchased must not be a tailor-made product, have a personal character or have been ordered especially for the customer as no stock is held of it, it shouldn’t be a product that cannot be returned, or which can be damaged easily, the product cannot contain a partial or complete audio or video recording, or computer programme (as soon as the seal of the product has been broken, the purchase cannot be reversed), … The right to renounce must be invoked within 7 working days, the term during which the seller must be notified of the request and of the request to repay any sums that have already been paid, upon submission of Proof Of Payment. If the goods are already in the possession of the buyer, he must return the goods within the same 7 days or have it sent back, properly and wholly, postage paid by him. If the customer had already paid for the goods, that sum will be paid back within 30 days after receiving the request of the right to renounce, and this on the bank account stipulated by the customer. Given that, depending on the order, sometimes one can renounce and at other times one can’t, both formulations are included as prescribed by law. Art. 6: For the rest, and as far as they are not in conflict with the legislation which applies, the General Terms and Conditions are applicable. ‘The consumer has the right to announce to the seller that he wishes to renounce the sale, without having to pay a fine and without having to state a reason, during the 7 working days which follow the delivery of the product or the concluding of the service agreement.’ See art. 5 ‘The consumer does not have the right to renounce the sale.’ See art. 5
PLEASE NOTE: A tailor-made server is a tailor-made product!
