General terms of sale
Read these general terms of sale (hereinafter referred to as the 'General Conditions') carefully before agreeing on their content.
The General Conditions are concluded between you (hereinafter referred to as the 'Consumer') and ODTEC whose head office is at 7712 Herseaux, rue de l'épeule, registered at the Commercial and Companies Register under no. BE0808657425 (hereinafter referred to as 'ODTEC') :
Article 1 GENERAL POINTS
A remote sales agreement (regulated by the law of 14 July 1991, in Belgium) between ODTEC and the Consumer is tacitly established after acceptance of an order placed by the Consumer. ODTEC shall make use of all reasonable means available to carry out the order, but reserves the right to refuse the order at any time. The acceptance by ODTEC shall occur without unjustified deadline via email and shall include a summary of the Consumer's order. Any order accepted by ODTEC confirms the Consumer's acceptance of the General Conditions, which prevail between the parties.
Article 2 PRICES
The price is the one in force at the date of the order. The price is inclusive of VAT and package.
Article 3 PAYMENT
All deliveries are payable by credit card at the time of the Consumer's order to ODTEC. ODTEC may suspend the delivery until the payment has been totally settled.
Article 4 INVOICING
ODTEC shall send the invoice together with the delivery of the sold goods of after via mail
Article 5 TRANSPORT
The transport costs (variable depending on the weight and destination of the goods) are included in the final price calculation. ODTEC reserves the choice of the means of transport and carrier.
Article 6 RISK TRANSFER
Following the delivery of the goods to the Consumer by the Carrier, the risks in case of loss, theft, deterioration or destruction are chargeable to the Consumer. Any complaint shall be sent via registered letter with a form of acknowledgment of receipt only, within forty-eight (48) hours following the delivery of the goods. The technical data sheets of the products sold ODTEC may be consulted on the website. The information contained in the technical data sheets is provided in good faith and is the result of our research and experience. As we are not aware of the use and implementation circumstances, we shall not be liable for any loss nor damage which may result. ODTEC reserves the right to make any adjustment to its products without prior notice. Consequently, our liability is limited to the quantitative replacement of the product recognized as faulty by our technical service. All complaints shall be sent via registered letter with a form of acknowledgment of receipt only, within three (3) days following the delivery of the goods.
Article 7 DELIVERY
The place of delivery is the one you indicated on your order.
ODTEC undertakes to effectuate the delivery within 10 days from the day after the day the Consumer placed the order. In case of reasonable delay of the delivery, the parties may agree on a supplementary timeframe which shall not authorize the Consumer to refuse the goods, cancel the order or claim for damages. If, by fault of the Consumer, the goods have not been taken at the delivery point, ODTEC may either consider the order as cancelled, without prejudice to its right to claim for damages, or store the goods in a place of its choice at the sole expense of the Consumer, until they are picked up.
Article 8 ORDER CANCELLATION
The Consumer has the right to notify he cancels the order via registered letter with a form of acknowledgment of receipt, without penalties and without need of explanation, within seven (7) working days from the day after the goods delivery day, in compliance with the present General Conditions. The Consumer is responsible for the risks in case of loss, theft, deterioration or destruction at the time of the return of goods. THE GOODS SHALL BE RETURNED IN THE SEALED ORIGINAL PACKAGE AT THE CONSUMER'S EXPENSE WITHIN THREE (3) WORKING DAYS FROM THE CONSUMER'S NOTICE OF RENUNCIATION OF THE PURCHASE. We shall refund your order upon reception of the aforementioned notice.
Passed this term, no order shall be cancelled or modified by the Consumer without written consent of ODTEC and with payment of cancellation or modification fees (Administration fees - 20 % total amounth). These fees shall take into account the costs incurred, the commitments subscribed by ODTEC and any loss undergone by ODTEC resulting from this cancellation or modification.
Article 9 FORCE MAJEURE
ODTEC shall not be compelled to fulfil its obligations in case of force majeure. By Force Majeure we understand, including but not limited to, all circumstances in which ODTEC cannot exercise a decisional control and which entail the total or partial impossibility of carrying out the orders. In case of force majeure lasting for over 2 months, the Consumer may either cancel the order in compliance with article 8 of the General Conditions or keep the order to be carried out after the circumstances of force majeure have disappeared, at the price in force at the delivery date.
Article 10 LIMIT OF LIABILITY LINKED TO THE USE OF THE INTERNET SITE.
ODTEC offers all necessary information for a good choice and use of its products. However, we will not be liable for damages directly or indirectly linked to the use of this website. We shall not guarantee the good operation or accuracy of the site content.
Article 11 PRIVACY STATEMENT
1. The personal data processing is carried out in compliance with the law of 8 December 1992 (Belgium) relative to the protection of privacy regarding personal data processing. ODTEC is responsible for data processing. The Consumer has, at any time, the right of accessing and rectifying his data, as well as the right of being opposed to their use.
2. The personal data shall be used for the following purposes:
o Invoicing of ODTEC products;
o Provision of information about the order status;
o Provision of information about other ODTEC products and services as well as about products and services of ODTEC partners selected on the basis of your personal preferences. If the Consumer does not wish to receive this kind of information, he can contact the ODTEC customer service which will cancel the processing for this purpose at his first request and at no charge;
o Provision of data to third parties in compliance with legal obligations;
o Provision of usage statistics;
o System confidentiality.
Article 12 INTELLECTUAL PROPERTY RIGHTS
All texts, graphics, images, scripts, illustrations, software, logos, signs, trade names, models, figures or brands (the 'Creations') on the ODTEC website and all the intellectual property rights of these Creations (trade mark rights, statutory and trade denomination rights, graphics rights, patent rights, copyrights, database rights, know-how rights and other intellectual property rights, registered or not registered, as well as all the right requests to any of the aforementioned rights and all other rights for the provision of a similar protection or for an effect similar to any of the aforementioned rights wherever in the world ['Intellectual Property Rights']) are the property of ODTEC or, if necessary, are granted under license by ODTEC which shall remain the owner. The Consumer undertakes not to infringe, directly or indirectly or by the intermediate of associated third parties, the Intellectual Property Rights of ODTEC and to take all necessary measures for the protection of these rights. To this end, the user shall maintain in good condition all mentions of rights in connection with ODTEC or the product or service provided by ODTEC.
Article 13 RESERVATION OF TITLE
Until the integral payment of the goods, ODTEC shall remain the owner of such goods. One month after formal notice of payment sent via registered letter with a form of acknowledgment of receipt, ODTEC shall be entitled, in case of non-payment, to immediately repossess the goods.
Article 14 APPLICABLE LAW AND JURISDICTION
The General Conditions and resulting orders shall be exclusively governed by Belgian law. In case of litigation or contestation concerning the existence, interpretation and execution of the General Conditions or resulting orders, the Commercial Court of Tournai shall have juridiction.
Article 15 SPECIFIC CLAUSE
1.If any of the clauses within the General Conditions or resulting orders is declared null and void by a court or by any other authority, such a decision shall not affect in any case the validity of the other clauses and the parties undertake to replace, after joint agreement, the void clause with another legally valid clause having an equivalent economic effect.
2. ODTEC shall, at any time, cede all or part of its obligations deriving from the General Conditions and resulting orders to a third party.