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Terms and Conditions
1.1 These general terms and conditions apply to all offers made by Axitech and to all agreements concluded (with Belgian buyers of Axitech products).
1.2 Unless expressly agreed otherwise, the applicability of other general terms and conditions is excluded.
2.1 All statements made by Axitech on the website or in catalogs are considered to be an invitation to make an offer.
2.2 Orders can be placed with a fully completed order card (indicating customer number, your most recent street address, the correct order numbers and numbers of items to be ordered), by fax, by e-mail, via websites.
2.3 By placing an order, the buyer accepts the applicability of the general conditions mentioned on the site and in the catalogs. The most current terms and conditions will be posted on the website.
2.4 Axitech reserves the right to refuse orders under a minimum order amount or to charge a surcharge for such orders. Furthermore, conditions such as prepayment may be attached to the acceptance of orders.
2.5 If, for any reason, acceptance of an order for a particular item proves impossible, Axitech will, in consultation with the buyer, endeavour to supply an item comparable in price and quality. The order will be accepted in modified form after agreement.
2.6 The agreement is established at the time Axitech has accepted the order.
3.1 The prices on Axitech's websites are the current prices. Prices in mailings may differ due to price changes made after the mailings were printed.
3.2 The price listed on the website may be incorrect. If the price is disproportionately low, Axitech may cancel the order or still charge the customer the correct price.
3.3 As long as the agreement has not been concluded, Axitech shall be entitled to change the prices and further terms and conditions.
3.4 All prices are inclusive of VAT and cost of packaging, exclusive of cost of transportation, shipping and legal fees unless otherwise stated. Per order, depending on the method of payment, a one-time contribution to the shipping costs mentioned on the websites and in the catalogs will be charged.
3.5 Axitech is also entitled to pass on changes in the rate of turnover tax and any other taxes and/or levies after the agreement has been concluded.
4.1 Axitech will determine the method of transportation and the carrier. If the customer has special transport requirements, the additional costs shall be borne by the customer. All orders will be delivered to the customer's specified pickup point or street address.
4.2 Axitech will deliver the order promptly. In the event of a delay in the delivery of all or part of the order, Axitech will send a notice no later than three weeks after acceptance of the order. Customer then has the right to cancel the order, to the extent delayed, without charge no later than seven days after receipt of the delay notice.
4.3 Axitech reserves the right to deliver the order in parts. There are no additional costs associated with partial deliveries or backorders.
4.4 Despite all the care we take with orders, it may happen that an order is not delivered or is incomplete. The buyer is required to report this within 7 days of receiving the items. In that case, the delivery will be completed or redone at Axitech's expense if necessary.
4.5 Axitech is not responsible for delays in deliveries once shipped. Delivery services can be delayed due to several factors: busy periods, strikes, wrong address, traffic, and so on.
5.1 Payment shall be made by bank or giro, credit card or online banking on terms further set forth on the websites and in the catalogs.
5.2 If it is agreed that payment will be made on account, a (fatal) payment term of 30 days after the invoice date will apply.
5.3 In cases that give rise to it, Axitech reserves the right not to accept a method of payment proposed by the buyer. In this case, this will be communicated and the order will be sent after prepayment.
5.4 Settlement with claims against Axitech or suspension shall not be permitted unless such settlement is still agreed upon in writing.
5.5 Prepayment is only possible by bank or giro transfer.
5.6 After exceeding a payment term, the customer shall owe the statutory interest and all judicial and extrajudicial collection costs with a minimum of € 100. Axitech may then suspend fulfilment of its obligations or dissolve the agreement by letter.
6.1 Goods delivered shall remain the property of Axitech until all (payment) obligations have been fulfilled. This applies to all obligations for which the law permits the creation of a reservation of title.
6.2 Axitech shall be irrevocably authorised, without notice of default being required, to take back the articles that have remained the property of Axitech (or have them taken back).
7.1 The right of renunciation does not apply to customers who purchase products for business or professional use.
7.2 The customer, who does not purchase the products for business or professional use, has the right to renounce the purchase, without payment of a fine and without giving any reason, provided that Axitech is informed thereof by letter or by fax within a period of 14 working days from the day following the day of delivery of the product. The goods must be returned in the original packaging, accompanied by a copy of the relevant invoice and stating the reason for return.
7.3 For the exercise of his right of renunciation, the costs of returning the products shall be borne by the customer.
7.4 In the case of delivery of immediately reproducible products protected by copyright law and in the case of distance selling of cosmetics, the customer is obliged to return the product in its intact safety packaging.
7.5 In case of exercise of the renunciation right, Axitech shall be obliged to refund the amounts already paid by the buyer, without any costs. Reimbursement shall be made within thirty days following the day of notification of renunciation.
7.6 The customer cannot exercise the right of renunciation concerning delivery of audio and video recordings and computer software of which the seal has been broken by the customer.
8.1 The buyer has up to 14 days for reflection after delivery of the goods. The buyer must deliver the goods to Axitech within 14 days of reporting a return.
8.2 Het retourrecht is niet geldig voor volgende producten:
- Sealed products (e.g. Ink, Toner, software, laptops, desktops, video games, USB flash drives, hard drives, SSDs, headsets, earbuds, etc) with the seal broken.
- Personalized items (for example, an engraved product)
- Products with limited expiration dates
- Perform a service (e.g., remote assistance, installation, data transfer, etc.)
- Individual products that are part of a bundle
8.3 The right of return is only valid in the following situations:
- The product is in its original condition and undamaged.
- The product was not put into use.
- The product must be returned in its original packaging.
- If accessories or matching components were supplied with the product, they must also be returned in the original packaging. (for example: adapter, power cable, case, pen, mouse, keyboard, etc)
8.4 If one or more of these conditions are not met, a portion of the amount will be withheld or the return request will be denied.
8.5 If all conditions are met, Axitech will refund the price paid, including shipping costs of the order, as soon as possible, but no later than 14 days after the return of the items.
8.6 If the items delivered by Axitech have not been returned within the "approval period" of clause 8.1, the customer accepts the items as accepted.
8.7 The buyer is responsible for the return of the goods, including shipping costs.
8.8 If abuse of the right of return is suspected, future orders will be refused.
8.9 For more information on Belgian return laws click here.
9.1 Axitech guarantees the quality of the items it delivers for twenty-four months from the delivery of the product.
9.2 If the delivered products do not correspond to the description in the guarantee certificate, the description in the catalogs or on Axitech's website, the buyer can claim a warranty. This is only valid if he notifies Axitech in writing within a period of two months from the day on which the buyer has identified the defect. For customers purchasing products for business or professional use, the period in which notification must be made is 14 days. Together with the notification, the customer must send a detailed description of the defect as well as a copy of the sales invoice. This provision applies only to customers who do not purchase the products for business or professional use.
9.3 Pursuant to a validly exercised warranty claim, the buyer is entitled to a free repair or free replacement (at Axitech's discretion) of the good, except where this would be impossible or disproportionate.
9.4 This warranty does not apply if:
• the item or device was inadequately protected from shipping damage when returned;
• modifications have been made to the item or device;
• there are defects caused by incorrect or improper use, such as failure to observe the accompanying operating instructions;
• the defect was caused by intent or gross negligence;
• there is an external calamity such as lightning, power failure, natural disasters, etc;
• Axitech has not been given the opportunity (in time) to investigate the complaint and possibly to repair the defect.
9.5 The Customer's legal claim shall be time-barred after the expiration of one year from the date on which the Customer established the lack of conformity, without that period being allowed to expire before the end of the two-year period referred to in 8.1.
For buyers who purchase products for business or professional use, the legal claim shall lapse one month from the notification of the defect to Axitech.
9.6 If a lack of conformity becomes apparent within a period of six months from delivery of the product, the presumption that this lack existed at the time of delivery applies as evidence to the contrary, unless this presumption is incompatible with the nature of the product or with the nature of the nonconformity, by taking into account, among other things, the fact that the product is new. This provision does not apply to customers who purchase the products for business or professional use.
9.7 Taking into account the use that the customer has had since the delivery of the product, the customer has the right to demand an appropriate price reduction or the rescission of the purchase agreement:
• if he cannot claim repair or replacement.
• if Axitech has not made the repair or replacement within a reasonable time or without serious inconvenience to the buyer.
The customer is not entitled to demand the dissolution of the agreement if the lack of conformity is of minor significance. This provision applies only to customers who do not purchase the products for business or professional use.
9.8 If the product was delivered to the first buyer for more than one year and Axitech can no longer repair the product or no longer has the item in question in stock, then Axitech offers the option, at the buyer's option, to supply a replacement item at 50% of the purchase price, or to refund 50% of the purchase price paid.
This provision applies only to customers who purchase the products for business or professional use.
9.9 After the expiry of the warranty period as referred to in 8.1, Axitech shall be obliged to indemnify for the hidden defects of the product sold.
10.1 Personal information is stored in Axitech's customer system to process orders. In addition, Axitech uses the data for internal marketing purposes, such as sending catalogs. Axitech applies the relevant legislation when using personal data.
10.2 When Axitech provides data to third parties to perform tasks within the scope of activities described in 10.1, privacy will be maintained.
11.1 Axitech's liability with respect to the sale and delivery of articles is expressly limited to the warranty regulated under clause 9.
11.2 Axitech is not liable for advice it has provided, printing and typesetting errors in catalogs, technical data provided by suppliers or manufacturers and unforeseeable poor quality of the products.
11.3 For the rest, any liability of Axitech shall be limited to the amount actually paid on the relevant invoice sent.
12.1 No later than at the conclusion of the agreement, Axitech will offer these general terms and conditions to the buyer, either electronically or otherwise. The buyer is responsible for printing or saving the terms and conditions if required.
12.2 Axitech makes the following information available on its website:
• its registered address and company number.
• the main characteristics of the products, including the price
• the method and cost of delivery and payment
• the address where complaints may be filed if different from its registered office address
• the method of taking back and returning the product, including any associated costs
• the period of validity of the offer (if applicable)
12.3 If the buyer wishes to dissolve or destroy the agreement on the grounds that Axitech would not comply with legal information obligations, this right must be exercised within 14 working days after acceptance of the order.
12.4 Axitech cannot guarantee 100% accurate information for all products. For questions or comments about product information, the buyer should contact customer service. It is the buyer's responsibility to ensure that the correct product is ordered.
13.1 Disputes will be resolved by mutual agreement whenever possible.
13.2 These general terms and conditions are governed by Belgian law and all disputes will be dealt with by the court based on the location of Axitech's registered office.
14.1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
14.2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
14.3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
14.4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
