Terms & Conditions of FLUX Europe, established in Antwerp, Herman De Nayerstraat 1, 2550 Kontich, Belgium.
Version valid from 12/12/2019.
0. Seller's identity
The seller is: FLUX Europe
Herman De Nayerstraat 1, 2550 Kontich, Belgium
BE0676.411.583
1. General
1.1 These terms and conditions apply to all offers from FLUX Europe. The conditions are accessible to everyone and included on the FLUX Europe website. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. FLUX Europe reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general, specific conditions or stipulations of third parties are not recognised by FLUX Europe.
1.4 FLUX Europe guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last
2.2 In the context of the rules of distance purchasing, FLUX Europe will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive within 1 month (30 days) of placing the order a message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The obligation to deliver from FLUX Europe will, subject to proof to the contrary, be met as soon as the goods, delivered by FLUX Europe, have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3. Payment Facilities
3.1 Payment is made on one of the payment methods as indicated during the ordering process.
3.2 The payment term within which an order must be paid is 30 days after the invoice is sent or handed over.
3.3 Unless otherwise agreed in writing, the shipment will take place after payment has been received. A waiting period of 1 to 3 working days must be taken into account if you choose to pay by bank transfer.
3.4 Unless protested by registered letter within 7 working days after receipt of the invoice, this is deemed to have been accepted by the customer.
4. Prices
4.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
4.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 All prices on the site are in Euro and are excluding VAT.
4.4 Companies buy VAT free, except for companies located in Belgium the VAT is 21%.
5. View period / right of withdrawal
5.1 In the event of a consumer purchase, in accordance with the Market Practices and Consumer Protection Act (art. 45 et seq.), The buyer has the right to return (part of) the delivered goods within a period of 14 calendar days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to FLUX Europe after this period, the purchase is a fact. Before proceeding to return, the buyer is obliged to report this in writing to FLUX Europe within the period of 14 calendar days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, FLUX Europe will ensure that within 30 days after the receipt of the return shipment, the full purchase amount including the calculated shipping costs will be reimbursed to the customer. The return of the delivered goods is entirely for the account and risk of the buyer.
5.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by FLUX Europe. For the latter services, in which FLUX Europe only acts as an intermediary or agent, the general terms and conditions of said network operators will apply.
5.3 The right of withdrawal does not apply to:
- services whose performance, with the consent of the consumer, has begun for the period of 14 calendar days
- goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
- goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character
- for goods or services that cannot be returned due to their nature, e.g. i.v.m. hygiene or that can spoil or age quickly
- audio and video recordings and computer software of which the consumer has broken the seal, the delivery of newspapers and magazines; for the services of betting and lotteries
6. Data Managment
6.1 f you place an order with FLUX Europe, your data will be included in the FLUX Europe customer base. FLUX Europe adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
6.2 FLUX Europe respects the privacy of the users of the website and ensures confidentiality of your personal information.
6.3 In some cases FLUX Europe uses a mailing list. Each mailing contains instructions to remove yourself from this list.
7. Warranty and conformity
7.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. The statutory warranty period is 2 years.
7.2 A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance agreement.
7.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to FLUX Europe) must immediately report these defects in writing to FLUX Europe. Wrongly delivered goods must be reported in writing to FLUX Europe no later than up to 2 months (60 days) after delivery. For any defects in the product, there is a reporting period of 2 months (60 days), starting on the day of the determination of the defect. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
7.4 If complaints from the buyer are found to be justified by FLUX Europe, FLUX Europe will, at its option, replace the goods delivered free of charge or make a written arrangement with the buyer about the compensation, on the understanding that the liability of FLUX Europe and therefore the amount of the compensation will always be is limited to at most the invoice amount of the goods in question, or (at the option of FLUX Europe) to the maximum amount covered in the relevant case by the liability insurance of FLUX Europe. Any liability of FLUX Europe for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
7.5 FLUX Europe is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
7.6 This guarantee does not apply if: A) and as long as the buyer is in default towards FLUX Europe; B) the buyer has repaired and / or modified the delivered goods himself or had them repaired or modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of FLUX Europe and / or instructions on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.
8. Offers
8.1 Offers are without obligation, unless otherwise stated in the offer.
8.2 Upon acceptance of a non-binding offer by the buyer, FLUX Europe reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
8.3 Verbal promises are only binding for FLUX Europe after they have been confirmed explicitly and in writing.
8.4 Offers from FLUX Europe do not automatically apply to repeated orders.
8.5 FLUX Europe cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
8.6 Additions, changes and / or further agreements are only valid if agreed in writing.
9. Agreement
9.1 An agreement between FLUX Europe and a customer is established after an order assignment has been assessed by FLUX Europe for feasibility.
9.2 FLUX Europe reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.
10. Images and specifications
10.1 All images; photos, drawings, etc .; Data concerning weights, dimensions, colors, images of labels, etc. on the FLUX Europe website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
11. Force of the majority
11.1 FLUX Europe is not liable if and inso far as its obligations cannot be met due to force of the majority.
11.2 Force of the majority means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of FLUX Europe as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force of the majority
11.3 In the event of force of majority, FLUX Europe reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. Under no circumstances is FLUX Europe obliged to pay any fine or compensation.
11.4 If on the commencement of the force majority FLUX Europe has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
12. Liability
12.1 FLUX Europe can in no way be held liable or accept any liability for any damage that occurs or has arisen, at any time, due to incorrect use of the devices and products, nor due to defective or incorrect use of the devices created by the devices. or composite products. FLUX Europe can also not be held liable for the defective, non-functioning or insufficient functioning of a product or part created by the customer himself with the devices, whatever.
13. Retention of title
13.1 Title to all goods sold and delivered by FLUX Europe to the buyer remains with FLUX Europe as long as the buyer has not paid the claims of FLUX Europe under the agreement or earlier or later similar agreements, as long as the buyer does the work performed or to be performed from this whether similar agreements have not yet been met and as long as the customer has not yet paid FLUX Europe's claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in article 3: 92 BW.
13.2 The goods delivered by FLUX Europe which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
13.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
13.4 The customer already gives unconditional and irrevocable permission to FLUX Europe or a third party to be appointed by FLUX Europe to, in all cases where FLUX Europe want to exercise its ownership rights, to enter all those places where its properties will be located and to take those goods there.
13.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform FLUX Europe of this as soon as can reasonably be expected.
13.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to give the policy of this insurance for inspection to FLUX Europe on first request.
14. Applicable law / competent court
14.1 Belgian law applies to all agreements.
14.2 Disputes arising from an agreement between FLUX Europe that cannot be resolved by mutual agreement, the competent court within the district of Hasselt, Limburg, Belgium will take cognizance, unless FLUX Europe prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.
