General terms and conditions Servinter bvba

 

Applicability

 

  • These General Terms and Conditions apply to any sales or repair agreement concluded orally or in writing with Servinter bvba.
  • Additional terms and conditions apply to repairs and sales of parts and accessories by Servinter bvba in the territory of Belgium, the Netherlands and Luxembourg.
  • In addition to these General Terms and Conditions, where explicitly stated, additional conditions apply to certain products.
  • The provisions of these General Terms and Conditions may only be waived if explicitly agreed in writing, in which case the remaining provisions of these General Terms and Conditions remain in force.
  • In the event of a Customer referring to their own terms and conditions, these terms shall not apply unless explicitly agreed by Servinter bvba in writing.
  • "Customer" means any visitor of the website (www.servilux.be and related websites) or any natural or legal person who is or will be in a contractual relationship of any kind with Servinter bvba.
  • Servinter bvba reserves the right to change or add to these Terms and Conditions from time to time.
  • By using the Web site of Servinter bvba and/or placing an order, in any way, the Customer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
  • Servinter bvba is authorized to use third parties in order to fulfill agreements with Customers.
  • Under no circumstances can Servinter bvba be held liable for any loss or damage to data on devices sent to Servinter bvba for repair.

 

General Provisions concerning Repairs

(articles 2 to 4 and 15 do not apply in cases where the buyer is entitled to free repair)

 

 

  • Repairs are based on information provided by the Customer to Servinter bvba orally or electronically (Email or website) or the problems described by Servinter bvba on the goods receipt document. In case of conflict between the two, the receipt will be used as the basis. Written Customer information may not serve as a basis for a repair. If the description of the problem is incomplete or nonexistent, only faults found by repair staff will be repaired by Servinter bvba.
  • Repair prices are calculated solely on the basis of working hours, call out charges, transport costs (if applicable), diagnosis costs, costs of materials and equipment used, administration and handling costs (if applicable), and costs incurred by third parties. Our rates can be found at our service desk and on our website. These can also be obtained by mail on request.
  • If the Customer orders a repair service from Servinter bvba, and it can be done without exceeding the price limit, the repair will be carried out without needing the Customer's further consent. The price limit can be found at our service desk and on our website, and can also be obtained by mail on request. If investigation shows that the price of the repair will be higher than the price limit as stated on the website, the Customer will be asked to confirm agreement with that higher price. In that case, the repair will only take place after Customer's permission is received.
  • Instead, the Customer may waive any further service from Servinter bvba, and pay the investigation fees as stated on the website and, if applicable, transport and / or call out charges. The deposit already paid is not refundable.  Servinter bvba then makes the product available to the Customer in the same state Servinter bvba received it, as far as possible.
  • If, after investigation or repair, certain features of the device no longer work as before, Servinter bvba can not be held responsible.
  • If nothing else has been agreed upon, new components will be used during the repair, or, when usual in such a device, refurbished parts are used. When the Customer has previously requested it, Servinter bvba will make the replaced parts available to the Customer, with the exception of the refurbished spare parts. However, this does not apply to repairs under warranty.
  • If, because of required third party work or parts delivery, the repair becomes impossible within the specified lead time, the Customer will be notified in advance and Servinter bvba can not be held responsible for this leadtime.
  • A repair will be carried out in such a way that the device will once again fully comply with statutory safety precautions. Servinter bvba strives through its repairs to extend the life of devices.
  • After the repair, the Customer will receive a repair docket or invoice with a brief description of the work performed and replaced parts.
  • Servinter bvba is liable for loss and theft of the product and accessories, as well as any damage occurring from the time of delivery to Servinter bvba until the Customer picks up the product themself, or receives it delivered by Servinter bvba, or, where relevant, when the product is handed over to a third party for transportation. In case a carrier is used, damage must be reported within 24 hours. Servinter bvba can only be held liable within the limits of the C.M.R. Convention (= Convention on International Carriage of Goods by Road). The general CMR conditions apply if a carrier is used.
  • When an device is picked up at the Customer by Servinter bvba or by a carrier, the Customer remains responsible for packing the device in a manner suitable for transport.
  • For all devices, manufacturers' warranty conditions apply and take precedence. These can always be consulted on their websites.
  • The device to be repaired must be made accessible by the Customer. If the device has been built-in by the Customer, Servinter bvba may charge an additional fee to access the device. Any damage resulting from the extraction of the device can not be charged to Servinter bvba.
  • After completion of the repair Servinter bvba will provide a three-month warranty on the repair performed. This warranty period begins at the time of delivery of the product to the Customer, or collection of the product by third parties. Cleaning and maintenance work, as well as repairs to products with lightning, water or moisture damage, are not guaranteed unless clearly stated on the receipt docket. The warranty applies only to the repaired or replaced parts and if the cause of the complaint is the same as that of the previous repair. After 3 months, the device will be considered to be out of warranty.
  • The Customer declares that they accept these Terms and is aware that Servinter bvba reserves the right to retain possession of the property as long as the payment has not yet been made.
  • If the invoice is not paid on the due date, interest equal to 10% is due by law and without prior notice. Additionally, the amount of the invoice will be increased with a charge equal to 10% or a minimum of 75 Euro to cover the costs of collection, storage and any eventual sale. If, at the time of the payment, costs are already incurred, each payment will first be allocated to covering those costs, and only after this towards payment of the oldest outstanding invoice.
  • The device will be considered to be abandoned by the Customer, if the Customer has failed to collect the device within three months of the first notification, and after two consecutive reminders (for example by letter, fax, e-mail, or telephone) from Servinter bvba to the Customer notifying that the device is ready for pick-up.
  • The following conditions apply concerning loan devices:
    • Only Servinter bvba determines whether the Customer is entitled to a loan device.
    • For a loan device a fixed amount of 15 Euro (including VAT) will be charged.
    • The loaned device always remains the possession of Servinter bvba.
    • If, in addition to the transport costs for repair, additional transport costs are needed for the loaned device, they will be borne by the Customer.
    • The Customer is only entitled to a loan device until the defective unit has been repaired. This period can also be reduced by Servinter bvba. If the loaned device has not been picked-up by Servinter bvba or returned by the Customer after this period, the Customer is obliged to notify Servinter bvba within 3 working days.

 

  • Complaints about deliveries must be reported by e-mail to sales@servilux.be and received by Servinter bvba within 8 days of receipt, and include clear justification information. In case of visible defects or transport damage, complaints should be submitted in the same manner within 24 hours of receipt. Complaints should always be accompanied by clear pictures of the damage.
  • Force majeure is understood to mean any circumstances which are independent of the will of the parties and/or unforeseen by them, whereby it is no longer possible for the agreement to be reasonably demanded by the other party. If, in the opinion of Servinter bvba, the force majeure is temporary, Servinter bvba has the right to suspend the execution of the agreement until the end of the circumstance that causes the force majeure. If, in the opinion of Servinter bvba, the force majeure situation is permanent, then parties can reach a settlement for the dissolution of the agreement and the associated consequences. Servinter bvba is entitled to claim payment for any services performed under the agreement in question before the occurrence of the circumstance causing force majeure. The party who considers themselves to be in a situation of force majeure must immediately inform the other party.
  • Disputes about the validity, interpretation or implementation of these General Terms and Conditions of sale are governed solely by Belgian law and will only be submitted to the courts of the Hasselt district.

 

General Provisions concerning the sale of goods by Servinter bvba (excluding repairs)

  • The purpose of these Provisions is to define the Terms and Conditions for Sales between Servinter bvba and the Customer relevant to goods and accessories, including ordering, service, payment and delivery.
  • Notwithstanding Article 1583 of the Civil Code, goods sold, delivered or installed shall remain the exclusive property of Servinter bvba until full payment of the invoice. Despite Servinter bvba keeping legal ownership until payment, the Customer is entirely responsible for all risks of transport, loss or damage after they have received the goods.
  • Our prices include, if applicable, VAT and disposal charges, such as the Belgian Recupel contribution. Normal delivery charges or shipping charges are also taken into account on the basis of the information given by the customer regarding the place of delivery or removal. All offers are valid as long as they are included on the website. Prices displayed can change constantly. If an order is placed, the sale price from the time of order will apply. Errors on the website or in price lists, brochures or other documents can not be brought against Servinter bvba. If a price is incorrectly stated on the website or on a price list of Servinter bvba, Servinter bvba is not required to sell the product at this price. In the event of an error, Servinter bvba will then inform the Customer of the correct price, and the Customer then has the right to cancel the order of this product within 48 hours.     
  • Goods or parts which are custom-made or non-standard must always be paid for by the customer (also in the case of cancellation after order). Servinter bvba determines which goods are custom-made or non-standard, and informs the Customer before placing an order.
  • All offers of Servinter bvba in any form whatsoever are non-binding. Servinter bvba strives as much as possible to use realistic images, colors and descriptions on the website and other documentation, but there can be mistakes or small differences.
    A contractual agreement will only come into effect at the date when Servinter bvba confirms its acceptance of an order, in writing or otherwise. The order confirmation is deemed to be accurate and complete, unless the counterparty has objected to it in writing within 2 working days. Any subsequent additional agreements or changes bind Servinter bvba only if it has been confirmed in writing by Servinter bvba, unless it can not be reasonably expected from Servinter bvba.
  • If the nature and size of a transaction means that no quotation or order confirmation is sent, the invoice shall be deemed to be accurate and complete and the invoice will be due unless there is a written complaint within two working days.
  • The customer must pay for their order:
    • At pick-up, in the shop. (This can be done by cash or according to the payment methods available there.)
    • By normal bank transfer to Servinter bvba account number. Customer number must always be mentioned. The ordered products are reserved for the Customer for 5 working days, pending payment. After this period we can decide to cancel the order. If no possibility of prepayment is provided by Servinter bvba, Servinter bvba may authorize payment after receipt of the goods.
    • Via the Internet (secure environment), if available.

Apart from these different methods of payment, no payment is authorized without prior written agreement of Servinter bvba.

  • If the invoice is not paid on the due date, interest equal to 10% is due by law and without prior notice. Additionally, the amount of the invoice will be increased with a charge equal to 10% or a minimum of 75 Euro to cover the costs of collection, storage and any eventual sale. If at the time of the payment costs are already incurred, each payment will first be allocated to covering those costs, and only after this towards payment of the oldest outstanding invoice. All legal and extrajudicial costs necessary to collect the remaining balance of the will be charged to the Customer.
  • Delivery: The goods are normally collected from the store or delivered to the home.
    • Home delivery: shipment of goods is only done after receipt of payment. Any transport costs will be clearly notified during the ordering process. A maximum of two attempts will be made to deliver ordered goods to the address named by the Customer. In the case of absence, the Customer will be left a note giving an address where the goods can be picked up. Transport costs are not refunded if no one is present at the indicated address.
    • Pick-up of goods at one of our stores: Standard goods and parts can be paid for upon pick-up at one of our collection addresses. Non-standard goods must be paid for in advance. These are only ordered from the manufacturer after receipt of payment. The Customer will be notified when the goods are available at the collection address. If non-standard goods are not picked-up within 5 working days, Servinter bvba will cancel the order without refund.
    • The delivery period is agreed upon during the ordering process. Servinter bvba delivery times run from the date of the order confirmation until all technical and / or commercial details are finalized and the payment terms are met. These times are never guaranteed, but are performed as accurately as possible. Any delays can not justify cancellation of the order under any circumstances or give rise to damage compensation claims.

 

  • Complaints about any visible damage to delivered goods must be sent by e-mail to sales@servilux.be and received by Servinter bvba within 24 hours of receipt of the goods, and include clear justification information. The customer also has the possibility of returning the damaged goods within 24 hours to one of our collection points.
  • For all agreements that are made using remote communication with Servinter bvba ("distance contracts"), the Customer has a period of at least 14 calendar days after delivery within which they may revoke the agreement. They may exercise this right without payment of a fine and without giving any reason. The direct costs for returning the goods may be charged to The Customer for the exercise of this right of withdrawal. For the exercise of this right, the time limit for the goods and services is calculated from the day after delivery to the consumer. Unless the parties have agreed differently, the consumer can not exercise the right of withdrawal for the following types of agreements:
    • In cases where the goods supplied have been manufactured according to the specifications of The Customer, or which have a clear personal character, or which by their nature cannot be returned or written off.
    • In cases of delivered equipment or software where the seal has been opened by The Customer (for example, devices where the operating system or software has been used). Canceling an order before the order is picked up or delivered is also possible free of charge. Please contact our staff as soon as possible when you wish to cancel or adjust your order. The refund will be made, unless otherwise agreed, within 30 days following the cancellation. This right of withdrawal does not apply to persons or companies that trade.
  • For companies and persons who trade, the following return rules apply: Goods may be returned within 15 days of receipt and after formal prior agreement. This deadline is intended exclusively to check whether it is ordered in accordance with the offer that has been made. The goods must be returned to Servinter bvba in their original packaging and should be undamaged.
     Any return shipping costs will be borne by Servinter bvba. Returns can only be made for an order with a value above 50 Euro (including VAT). If the value is lower, the Customer may exchange the goods in one of the shops of Servinter bvba. The other party will then receive a voucher or an exchange. The return of the goods will be subject to the best conditions, without the credit being greater than the amount of the original invoice. In no event shall Servinter bvba be liable for payment of any damages, interests or fines for any reason whatsoever.
  • Servinter bvba excludes all liability that it is not responsible for, or does not result from gross negligence. The liability of Servinter bvba is limited to the value of the goods delivered, excluding all direct or indirect damages. In no event shall Servinter bvba be liable for any damage resulting from the use of any product or the use of any device for any purpose for which it was not produced.
  • Force majeure is understood to mean any circumstances which are independent of the will of the parties and/or unforeseen by them, whereby it is no longer possible for the agreement to be reasonably demanded by the other party.
    If, in the opinion of Servinter bvba, the force majeure is temporary, Servinter bvba has the right to suspend the execution of the agreement until the end of the circumstance that causes the force majeure.
    If, in the opinion of Servinter bvba, the force majeure situation is permanent, then parties can reach a settlement for the dissolution of the agreement and the associated consequences.
    Servinter bvba is entitled to claim payment for any services performed under the agreement in question before the occurrence of the circumstance causing force majeure.
    The party who considers themselves to be in a situation of force majeure must immediately inform the other party.
  • Disputes about the validity, interpretation or implementation of these General Terms and Conditions of sale are governed solely by Belgian law and will only be submitted to the courts of the Hasselt district.

 

Processing personal data of people

 

  • Servinter BVBA and the customer acknowledge that the processing of personal data in the context of the implementation of the services requested, applies the General data protection regulation (EU) 2016/679.
  • As far as perform the work within the context of the personal data are processed in a proper and careful manner and in accordance with the General data protection regulation (EU) 2016/679.
  • Technical and organisational measures will be taken to protect personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.
  • On the processing of personal data in the context of the services the Privacy statement which the customer declares to have read and to accept its application.