Terms and conditions of use
ExclusivIT - General Terms of Sale
These terms of sale apply to all sales contracts between ExclusivIT and the customer. It can only be deviated from these terms and conditions of sale through a written document, duly signed by ExclusivIT and the customer. These terms and conditions of sale exclude any terms and conditions mentioned in documents from the client, even if these documents have a later date. ExclusivIT reserves the right to amend and/or supplement these terms and conditions for future orders at any time, without personally notifying the customer and without the customer being able to claim compensation of any kind.
1. Identity of ExclusivIT
2. Orders
3. Price
4. Delivery
5. Delivery time
6. Withdrawal in store
7. VIP
8 delivery. Transfer of ownership and risk
9. Right of revocation
10. The right to dissolution
11. Receivables
12. Guarantees
13. Takeover
14. Internet
15 risks. Vat recovery request.
16. General provisions - competent courts
1. Identity of ExclusivIT
Exclusive Technology SPRL (referred to as "ExclusivIT")
Rue du Trieu Braibant, 236180 CourcellesBelgiumTVA BE 0837.579.162RPM Charleroi2. Orders
The customer's order is dispatched and delivered - after receiving payment - to an address chosen by the customer. The client has a right of revocation for 14 calendar days (see item 9). In the event that the delivery of the ordered goods is delayed, ExclusivIT reserves the right to change the sale price. This sale price will be changed in the event that the purchase price, taxes, taxes or levies that ExclusivIT must pay have been changed between the date of acceptance of the order and the expected delivery date. However, ExclusivIT will not adjust or change its profit margin. ExclusivIT will immediately notify the customer and, as long as the order has not yet been registered with its supplier, ExclusivIT will offer the customer the opportunity to cancel their order.
3. Price
Unless otherwise stipulated in the contract, prices are understood as including VAT, Recupel and all other taxes included. Additional delivery, booking, or other mandatory administrative costs are mentioned separately.
All prices are in Euro.
All prices are based on a Cash and Carry principle. Unless otherwise stated, additional services (delivery, installation, financing, etc.) are therefore not included and products will be delivered for payment of any additional costs.
Items purchased from the online store www.ExclusivIT.eu are paid for by the customer prior to delivery. No delivery or reservation will be made until the total purchase amount has been paid. The price, including any delivery costs, must therefore be paid in full before delivery. A "remote sales" contract will not be drafted until a purchase order has been issued to the consumer or sent to the consumer by email to the email address provided by the customer.
Promotions and special offers are only applicable within the limit of the available stock. ExclusivIT cannot be held responsible for any consequences related to typos in prices or items, defects in images or changes made in the meantime to designs.
ExclusivIT reserves the right to apply the correct price or unilaterally cancel an order if it appears that the price shown and/or the description of the product or products and any associated options are incorrectly stated on the website due to technical failure or human error.
The customer can choose between different online payment methods (of which some at an additional cost). ExclusivIT therefore does not accept any payment (cash) during delivery.
Paper and electronic gift vouchers can be used, in accordance with their validity from the date of issue. If the order amount is higher than the gift card amount, the customer will have to pay the difference. If the order amount is less than the gift card amount, the customer will keep the balance in the form of a voucher.
4. Delivery
The delivery method is indicated in an email confirmation to the customer. Ordered and reserved products are delivered according to available stocks.
Deliveries are made by different carrier partners selected by ExclusivIT based on the size of the order's products and the services chosen by the customer. In some cases, the customer can select a different carrier than the standard one, at an additional cost.
Orders are delivered to the address indicated by the customer when the order is placed. In some cases, the delivery driver may be required to request identification during delivery. The customer acknowledges the delivery, with the signing of a delivery voucher.
Each visible defect of the product must be mentioned on the copy of the delivery voucher and it must be returned to ExclusivIT (info@exclusivit.eu) within two calendar days following delivery.
If the order contains only small and medium-sized items, and if the customer is absent during delivery, the delivery person will leave a message in the customer's mailbox, on which will be indicated the nearest post office or deposit where he or she can retrieve the item within the 14-day calendar upon presentation of an ID. For orders containing one or more large products, as well as for orders requiring installation, our specialized delivery partner will contact the customer to agree on a delivery date. In the event of representation due to the absence of the client, ExclusivIT reserves the right to charge the additional costs to the customer. If a lift is required, an additional 150 euros will be charged to the customer during delivery.
5. Delivery time
Given the exclusive nature of the products offered by ExclusivIT, delivery times are not binding on ExclusivIT and are only provided as an indication. They are therefore not an essential part of the sales contract. Nevertheless, we always strive to ensure delivery as soon as possible.
6. In-store withdrawal
In-store withdrawals must be picked up from the address provided to the customer as a pick-up point when ordering. The products remain available for 14 calendar days, after which a new delivery will have to be arranged for an additional fee of 50 euro.
7. VIP delivery
For orders containing a service:
7.1. Upon arrival of the delivery person, the customer - or the person acting on behalf of and on behalf of the delivery person - greets the delivery person at the delivery location and presents the delivery order as proof of his identity.
7.2. The place of depot must be easily accessible for manual delivery of the packaged device. The delivery driver will be instructed not to unpack the device even for the purpose of facilitating handling to the place of depot. If, at the insistence of the customer and the goodwill of the delivery man, the delivery of the device were to be carried out, unpacked, no recourse could be taken against the supplier for damage to the equipment delivered and/or to the place of delivery. In this exceptional case, which cannot be imposed on the provider, the delivery driver will take care beforehand, to have the customer sign the delivery document for discharge.
7.3. No work required for the passage of the devices will be carried out by the delivery man (dismantling doors, windows, stair ramp, etc.).
7.4. The customer will ensure that there is no interference or danger to handling until the delivery site determined by the mission. It will also ensure that the location of the delivery, or any other mission, has all the necessary security and resistance measures.
7.5. The customer will ensure that the delivery driver's journey is protected with protective cartons and/or plastics to the delivery site determined by the mission. Under no circumstances can the delivery person be asked to remove his work shoes.
7.6. The customer agrees that the delivery driver drop off the device at the first accessible location in the event that manual movement to the delivery site was deemed difficult, risky or dangerous (spiral staircase, narrow passage, cramped, etc.). In the same way, he recognizes the delivery man's right not to carry out any mission exposing him to a precarious or dangerous situation.
7.7. If the customer indicates the presence of an elevator, the elevator will ensure that it is in good working order, easily accessible and that it has sufficient space and load capacity for the simultaneous transport of the product (s) and (of) delivery drivers. If the elevator in the building is out of use, he recognizes the delivery man's right not to climb the property up the stairs and to return when the elevator is back in service. Section 7.15. applies in this case.
7.8. As part of a delivery with Lift, it is up to the customer to ensure the preparation of the mission in order to ensure its smooth running: signage, location reservation, information to local authorities, etc.
7.9. The customer will ensure that his electrical, water and/or gas installation is compliant and that it supports the specifics recommended by the manufacturer of his product (dedicated line, voltage, number of phases, amperage, flow, type of gas...). No changes will be made by the delivery installer on the customer's installation.
7.10. The customer will be particularly careful to ensure that a compliant source of energy (gas or water outlet, wire valve, threaded tip service valve) is located in the immediate vicinity of the site of commissioning or installation/integration of its product.
7.11. It will do the same for the supply and evacuation of water and air (if applied), as well as for the arrival of any signal used by its product (TV signal, Internet, Wi-Fi network, wireline ...)
7.12. The customer will also ensure that he has and is compatible with all the accessories necessary for the proper operation of his product (connections, adapters, joints, cables, connectivity, remote control, set-top boxes, routers ...) or the proper execution of mission (hinges for placement of doors, frames for fixing decorative panels, etc.). It will also have the information necessary to set up and administer its devices (logins, passwords, WEP keys, WPA, IP addresses, drivers, softwares, etc.).
7.13. All damage caused during the handling of the device at the installation site is the sole responsibility of the customer, whether it is the device or the place of delivery (wall, floor, furniture, door, etc.) resulting from poor appreciation or inappropriate choice.
7.14. If the delivery conditions do not correspond to the service described, a quote may be drawn up.
7.15. If the client is absent on the date of the appointment, the client will then be asked to contact ExclusivIT to set a new appointment date. In the event of representation due to this absence, ExclusivIT reserves the right to charge the additional costs to the customer.
7.16. The customer who placed the order agrees that the electronic signature on PDA at the time of delivery commits it legally and that it is sufficient with a signature on paper.
7.17. The customer accepts that the signature, deeds, information and instructions given by the person present in the house at the time of delivery will permanently commit him, on his behalf and on his behalf.
7.18. The resumption of the RECUPEL sets in place only in accordance with the following instructions: The delivery driver provides the only resumption of the RECUPEL which has a direct link with the sale of which the latter ensures the delivery. The removal will take place in the same place as the delivery and it will always have to be a coefficient 1 to 1 (1 device taken back for 1 unit delivered) The repossessed device will have to be completely cleaned, emptied, defrosted (frigos, freezers), de-embedded, the cycle of drain (washing machine and dishwasher) and totally disconnected from all sources, both on arrival and at departure (water, electricity, gas, air...).
These elements are left to the driver's sole discretion.
8. Transfer of ownership and risks
The ownership of the delivered items is only passed on from ExclusivIT to the customer after the items have been withdrawn or delivered and after the full payment of the order. By derogation from section 1583 C.C., items sold, delivered or installed remain the exclusive property of ExclusivIT until the full settlement of the invoice. Until the sale price has been paid, the customer is prohibited from pawning or offering them or using them as collateral in any way. The client is expressly prohibited from making changes to these items, making them real estate by incorporation or destination, selling them or disposing of them in any way.
As long as ExclusivIT owns the property rights on the goods delivered, in accordance with the provisions of this article, the customer will remain responsible for maintaining these goods in good condition. During this period, only the customer can be held responsible for the loss or possible damage of the goods. The customer is committed to insuring the goods against any risk. The customer also undertakes to store the goods in such a way that it cannot be confused with other goods and can be recognized at any time as the property of ExclusivIT. Each payment made by the customer will first be deducted from the unpaid amounts due for goods that have been altered or sold by the customer in violation of this article.
9. Right of revocation
The customer has the right to inform ExclusivIT that he is forgoing the purchase, without payment of a fine and without any indication of reason within the 14 calendar days from the day after the delivery of the item. The right of revocation does not apply to legal entities or products purchased for professional purposes.
The right of revocation applies only to products that are still in their packaging (original and intact), which have not been used, and accompanied by their accessories, instructions, as well as the invoice as proof of purchase, so that the goods can be resold. Products that will not be returned to ExclusivIT in this state will remain available to the customer. Similarly, products that have been returned beyond 15 calendar days after delivery will remain available to the customer. The time to make available amounts to 1 month, after which ExclusivIT becomes the owner of the product. If the right of revocation is exercised, the customer will return the products to ExclusivIT by all means and at its own risk and costs. "Port paid for by the recipient" and "against refund" shipments will be refused. For large products, ExclusivIT can, at the customer's request, arrange the return with a carrier of his choice, the cost being charged to the customer. The customer can also return the product to ExclusivIT's head office at no cost.
The right of revocation does not apply to the following articles: personalized or customized product; used , dirty, damaged or incomplete product.
The customer must exercise his right of revocation, within the 14 calendar days from the day after the delivery day of the product, by letter recommended,or by e-mail (customercare@ExclusivIT.eu) and provided that the customer returns the products, within the 15 calendar days following the day of delivery, in their original and intact packaging. Customers can also drop the product off at ExclusivIT's head office at no cost.
If ExclusivIT takes over, transport costs will be due.
In case of exercise of the right of revocation and the returned product does match the conditions described, the purchase price is refunded within 30 calendar days via the same online payment method used at the time of the order. If, when placing the order, the customer selected a delivery method (e.g. specific carrier) or a payment method with extra costs (e.g. PayPal), the additional amount paid will not be refunded as these costs can not be recovered by ExclusivIT.
10. The right to dissolution
In the event of the client's insolvency or in the event of unpaid debts, even in the context of previous contracts between the client and ExclusivIT, ExclusivIT is entitled to suspend the performance of its obligations until the client fully repays any outstanding debt owed to ExclusivIT. In the event that no payment is made by a customer within 7 calendar days following the due date of any invoice, ExclusivIT is entitled to consider the contract as dissolved, as a matter of law and without prior notice, without prejudice to its right to claim interest and/or compensation.
11. Receivables
When the customer purchases demonstration products/exposure models, a document will be submitted to the customer, which he will have to sign duly and in which he must indicate that he declares that he has been aware of the visible damage or defects of such products. This document must also be signed by a representative of ExclusivIT, and will include, in the customer's head, a waiver of his right to hold ExclusivIT or its carrier responsible for the visible damages or defects already found. The provision issued above does not prejudice the client's legal warranty rights, as described in section 12 below.
12. Guarantees
12.1. ExclusivIT offers a 24-month guarantee for any non-compliance, which takes place on the date of delivery. This guarantee includes the repair or replacement of the deficient property, at no cost to the customer. If, however, it appears that repair or replacement is not possible, that it is disproportionate to ExclusivIT or would cause serious inconvenience to the customer, ExclusivIT undertakes that, at the customer's request, it will be granted a discount or, depending on the case, the contract be dissolved and the entire price is refunded, subject to the customer's delivery of the goods.
Any claim concerning non-compliance must be made in writing within 2 months of the relevant default, or the right to institute such a claim will be quashed.
12.2. Only the invoice, receipt or voucher are valid as certificates of guarantee for the customer vis-à-vis ExclusivIT. These documents must be kept by the client and presented in their original version. The warranty period starts on the date mentioned on these documents. If delivery to the customer is made before the date of the invoice, then the delivery date is valid as mentioned on the delivery document.
12.3. This warranty does not apply to parts or accessories where the failure is the result of misuse, external causes, regular maintenance or normal wear and tear.
12.4. This guarantee does not apply in the following cases (the listing below is not restrictive): in the case where a third party intervened or handled the goods, when it was not legally authorized by ExclusivIT; In case of fire damage, water (flood) or lightning, accident, natural disaster; in the event of damage caused by improper use, poor maintenance, abnormal use or any other use that does not comply with the manufacturer's or seller's instructions.
12.5. The defective goods must be completely empty when it is returned. At the explicit request of the customer and as far as possible, the objects stuck in the defective goods will be returned to him, provided they have been mentioned on the repair order at the time of the return or delivery of the repaired or replaced goods. ExclusivIT cannot be held responsible for the condition in which the blocked items will be returned to the customer.
In the event of damage, theft or loss of the goods handed over for repair, ExclusivIT's contingent liability to the customer is in any case limited to the sale price of the goods.
In the event that specific spare parts or accessories needed to repair the goods are no longer available from the manufacturer. ExclusivIT cannot be held responsible for the loss (partial or total) of the possibilities of use of the goods, without prejudice to the other provisions of Article 8, plus in the specific article. 8.1.
When repairing electronic devices, it is possible that data that has been stored in or by the goods to be repaired may be damaged or lost. Only the customer can be held responsible for the safeguarding of the above data or its reconstruction, to the exclusion of any responsibility of ExclusivIT in this regard. ExclusivIT cannot be held responsible for the loss or reproduction of data stored in or by these electronic devices.
13. Takeover
ExclusivIT offers the customer the opportunity to hand over old electrical or electronic devices when purchasing a new item of the same type, provided the device is comparable in size.
14. Internet Risks
The customer is aware of the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The customer is also aware of the risks of storing and transmitting information digitally or electronically. The customer accepts that ExclusivIT cannot be held liable for any damage caused by the use of the website www.ExclusivIT.eu or the internet, as a result of the above risks. The client accepts that electronic communications and backups can be used as evidence.
15. VAT recovery request.
All requests for recovery or vat refunds on goods purchased, made by non-EU residents or diplomats, as well as the control of the legal conditions of reimbursement, are reserved exclusively specialized external partners, as reported by ExclusivIT. The Customer agrees to resign himself to the terms and conditions of application of these partners. More information about these different partners and the terms and conditions on demand.
16. General provisions - competent courts
16.1. If one of the articles of these terms and conditions were invalid or null or void or declared null and void by a competent court, it would not affect the validity of the other sections of those terms and conditions that would remain fully applicable. If one of the articles of these terms and conditions were invalid or null and void or declared null and void by a competent court, the parties would work together to replace that section with a valid article as close as possible to the parties' original intent.
16.2. All contracts between ExclusivIT and its customers and these terms and conditions are exclusively governed by Belgian law. All disputes are the exclusive jurisdiction of the competent courts over our head office. You'll find information on alternative methods of conflict resolution on http://ec.europa.eu/odr. Please be aware, however, that we expressly reserve the right to submit disputes exclusively to the courts.
