Terms and conditions Inseba
Article 1. Applicability
1.1 These General Terms and Conditions apply to all of Inseba’s offers, orders and agreements.
1.2 Your acceptance of an offer or placement of an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions may only be waived in writing, in which case the remaining provisions shall remain fully in force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and any further agreements for Inseba, shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Inseba.
Article 2. Offers/agreements
2.1 All offers made by Inseba are without commitment and Inseba expressly reserves the right to change prices, especially when required by (legal) regulations. See also Article 3.6.
2.2 There will only be an agreement once Inseba has accepted your order. Inseba is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Inseba will inform you of the fact within five (5) working days of receiving the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euro, excluding VAT and excluding handling and shipping costs, possible taxes or other charges, unless otherwise stated or agreed in writing.
3.2 Payment must be made when placing an order or in the form of an advance payment, unless otherwise agreed in writing.
3.3 Payment can be made by payment in advance or by credit card.
3.4 If you exceed the payment deadline, from the day that payment should have been made you are in default and, effective from that day, you are charged a default interest of 1% per month or part thereof on the outstanding amount. If payment is made after Inseba has issued a reminder, you will be charged an amount of twenty-five euro (€ 25.00) in administration costs, and if Inseba outsources its claim for collection, you will also have to pay the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Inseba’s right to recover the actual extrajudicial collection costs instead.
3.5 If you are in default on any payment, Inseba is entitled to suspend or even to rescind (the implementation of) the relevant agreements.
3.6 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or to terminate the agreement within one (10) days of being notified of the price increase by Inseba.
Article 4. Delivery
4.1 The delivery times specified by Inseba are only indicative. Late delivery does not entitle you to compensation, nor does it give you the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you cannot be reasonably expected to uphold the agreement. In that case, you are entitled to cancel the order or terminate the agreement if necessary.
4.2 The products shall be delivered at the place and time at which the products are ready to be shipped to you.
Article 5. Retention of title
5.1 The ownership of delivered products shall be transferred to you only when you have paid all that you owe to Inseba under any agreement. The risk relating to the products shall be transferred to you upon delivery.
Article 6. Intellectual and industrial property rights
6.1 You must respect fully and unconditionally all intellectual and industrial property rights attached to the products supplied by Inseba.
6.2 Inseba does not guarantee that the products supplied to you do not infringe any (unwritten) third party intellectual and/or industrial property rights.
Article 7. Liability
7.1 You have the obligation to inspect the products to check that they comply with the agreement. If this is not the case, you should notify Inseba as soon as possible and in any event within seven (7) days after delivery, or at least after observation is reasonably possible, in writing or by e-mail, providing sufficient detail.
7.2 If it is demonstrated that the products do not meet the agreement, Inseba has the choice to replace the relevant products with new products upon their return, or to refund the invoice value.
7.3 Should you not wish to purchase a product for whatever reason, you as a consumer, have the statutory right to return said product to Inseba within fourteen (14) days of its delivery. In such a case, returns shall only be accepted if the packaging of the product is undamaged. Inseba shall cover the return shipping costs.
7.4 If your device cannot be repaired quickly, Inseba will not be held responsible for any resulting damage, such as suspension of work, other installations failing at the same time, physical injury to people, and any kind of things of such nature.
Article 8. Warranty
8.1 If Inseba supplies products to the consumer, Inseba shall never be obliged to provide a warranty in relation to the consumer going further than the one which Seba Service can offer its suppliers. The warranty period will always be clearly indicated on the invoice
In accordance with the provisions of the contract, complaints due to visible external defects must be lodged in writing by the customer no later than fourteen (14) days after receipt of the goods. Inseba does not have to consider complaints which it receives beyond the expiration of that period.
Article 9. Orders/communication
9.1 Inseba is not liable for misunderstandings, delays or improper transmission of orders and messages resulting from the use of the Internet or other means of communication between you and Inseba, or between Inseba and others, as it relates to the relationship between you and Inseba, unless it is a case of intent or gross negligence on the part of Inseba.
Article 10. Force majeure
10.1 Without prejudice to its other rights, in the case of force majeure Inseba is entitled either to suspend the execution of your order, or to terminate the agreement without judicial intervention, by informing you of this in writing and without Inseba being obliged to pay any compensation, unless, in the given circumstances, this would be unacceptable according to standards of reasonableness and fairness.
10.2 Force majeure is defined as any shortcoming which cannot be attributed to Inseba, because it is not regarded as its responsibility by virtue of the law, legal action or according to generally accepted standards.
Article 11. Miscellaneous
11.1 If you communicate an address in writing to Inseba, Inseba is entitled to ship all orders to that address, unless you communicate in writing to Inseba another delivery address for your orders.
11.2 If Inseba consents, tacitly or not, to deviations from these Terms & Conditions for any period of time, this does not impede its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right by virtue of the fact that Inseba is applying these Terms & Conditions with flexibility.
11.3 Should one or more provisions of these Terms & Conditions or any other agreement with Inseba be in conflict with any applicable statutory regulation, the relevant provision(s) will be cancelled and replaced by a new lawful provision to be stipulated by Inseba.
11.4 Inseba is authorized to seek the assistance of third parties in the execution of your order(s).
Article 12. Applicable law and jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these Terms & Conditions apply, including these Terms & Conditions, are solely governed by Belgian law.
12.2 All disputes between parties will be submitted exclusively to the competent court in Belgium.