Terms & conditions - Aptica Luxopt nv.

Terms & conditions

  1. These Terms and Conditions govern the supply by us of any product ordered by you on www.aptica.be. By ordering a Product, you agree to be legally bound by these Terms and Conditions.
  2. For you to be able to order Products on www.aptica.be, you must have a registered account. You only have the right to register one account on www.aptica.be. We reserve the right to delete duplicate Accounts and deny any Customers who do not comply with our Terms and Conditions the right to use their Account. We may also edit or delete these Accounts as part of our virtual householder’s rights. With your Account you have access to the www.aptica.be webshop, if you are confirmed to be a B2B (business to business) client.
  3. When you register an account, you will be asked to state some personal details. If you do not state this information, we will not register an account and you will not be able to order products www.aptica.be. We will notify you by e-mail when your registration is completed.
  4. We are not obliged to accept all registration requests or all orders, even when placed by registered customers nor are we obliged to keep a consistent range of products or keep any products available permanently. This clause does not affect orders that have already been placed and confirmed.
  5. You are responsible for assuring that all information you enter as part of the registration process is correct, complete and up to date. Your personal data will be stored and processed by Luxopt nv in the manner stated in Luxopt nv’s privacy policy. You will receive a confirmation email after registering online.
  6. You are responsible for keeping your personal log-in information secure and confidential.
  7. You are solely responsible for all information you enter into any accessible areas (e.g. blogs). No entries may encroach upon third party rights. We are not obliged to save or publish your entries e.g. product reviews.
  8. You are to refrain from any disruption of the websites and the use of any accessible information outside its intended use on our platform. Any manipulation of our websites with a view to fraudulently obtain money or any other advantage at a disadvantage to Luxopt nv or any other users will result in legal action and a loss of access to the websites. Our accounts, product range and stock levels are intended for B2B customers.
  9. These terms and conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your absolute acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
  10. These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
  11. No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
  12. When making an order, you must register for an account on the Websites as detailed in clause 2, and you must follow the instructions on the Websites as to how to make your order and for making changes to your prospective order before you submit it to the Websites.
  13. Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Websites) the charges you must pay and any applicable delivery charges. All B2B prices are VAT excluded.
  14. You shall pay for the product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Multisafepay, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
  15. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
  16. You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
  17. When you submit an order to the site, you agree that subject to these terms and conditions current at the time and date when you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
  18. You agree that you will receive invoices and credit notes exclusively in electronic form.
  19. Your order remains valid as an offer until we issue our confirmation order or, if earlier, when we receive your notice revoking your order.
  20. We shall not be obliged to supply the product to you until we have accepted your payment and order. Unless expressly stating that we accept your order, an email, letter or other acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order first).
  21. Payment: we offer payment by credit or debit card (VISA, Master Card) and Multisafepay. However, we reserve the right to offer less than our full range of payment options.
  22. Faulty Products: in order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective; and you providing us with the delivery note number and such other information as we reasonably require.
  23. If you would like us to repair, replace or provide a refund for the product where it did conform to the applicable contract, and we find that the product has: been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or been involved in any accident or damage caused by an incorrect attempt at modification or repair; or been dealt with or used contrary to our or the manufacturer's instructions for the product; or deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
  24. Circumstances beyond our controle: Luxopt nv shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
  25. Either you or we may terminate a contract forthwith by written notice to the other if the event of force majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
  26. If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an event of force majeure, we may decide at our absolute discretion what we will perform and to what extent.
  27. Limitation of Liability: this clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions.
  28. In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
  29. Data protection: please see our Privacy page which forms part of these terms and conditions.
  30. Notices: any notice under a contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
  31. Any notice given by post shall be deemed to have been served two business days after the same has been posted if the recipient address is in the description. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
  32. Severability: If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remaining in full force and effect and continue to be binding and enforceable.
  33. Amendment to the Business terms and conditions: we reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.
  34. Because of the act of ordering, the client is obliged to follow the sales-conditions as printed below, and NOT the special conditions on his personal forms, letters or documents.
  35. All our offers are always made without any engagement.
  36. Complaints will only be considered as such, if done written within 3 days after accepting the goods. No order can be cancelled without a preceding agreement. Any change of order needs to be accepted (written) by us within 24 hours, following on the expedition of the order. All mail needs to be sent at Valerius De Saedeleerstraat 97, 9300 Aalst, Belgium. Measurements are always approximately and can always vary.
  37. The goods are send at risk of the consignee or buyer, even when they are send carriage paid. In case of damage or defect, only the transporter is responsible for it, even when the shipment is done carriage paid.
  38. Mentioned terms of delivery are to be considered as some kind of information and any delay of delivery cannot be seen as a reason to cancel the order, to pay indemnities, interests or any kind of compensation. In case of circumstances beyond one’s control or any other fact, irrespective of our will, happening with us or the client, we are exempt from the agreed delivery terms.
  39. Our invoices are to be paid on the due date, where the company has its address. When the invoice-amount is not paid on due date, the amount can be recovered immediatly, no matter what the means of payment are (B/C etc.) 1% interest/expired month will have to be paid on due date. Delivery delays are no reason to change the agreed terms of payment. Our representatives are not authorized to collect invoice-amounts, advanced money or returned goods.
  40. The delivered goods which are subject of this present document remain the property of Luxopt nv until the payment is completed in full according to the trade-customs. The risks that can be taken by the goods are on the responsibility of the buyer as soon as they are placed at the disposal of the buyer.
  41. Our Bills of Exchange do not change our current terms of sale in any way. The same goes for installments. Any deviation of the clause concerning jurisdiction is forbidden.
  42. All complaints concerning defects, agreements or inefficiencies will not be accepted if the goods are already sold at the moment of conflict.
  43. When the goods are not yet paid for on the due date and without preceding default, the clients will have to pay a fixed and irreducible amount of money : 15% of indebted amount with a minimum of 250€. This clause is not relevant if the reason for the delay of payment is invoked before the due date or that it is subject to a sincere and categorical dispute. Nevertheless the fact of delay of payment entails the application of this clause.
  44. Being demander or defender, any dispute concerning this current order, delivery or invoice will only appear under the authority of following Courts of justice : Vredegerecht 1e Kanton Aalst, Rechtbank van Koophandel Aalst en Rechtbank van Eerste Aanleg Dendermonde, depending on the nature of the dispute.
  45. Belgian Law is the only law applied for this order and, as far as it doesn’t differ from current decrees, the treaty “uniformal law for international sales of moving physical objects and enclosure drawn up in ‘s Gravenhage on 1 July and operating in Belgium by the law of 15/07/1970.
  46. Our prices and taxes can be adjusted, depending on the international rates of exchange, fiscal laws and increases of any costs which are not connected to sales.
  47. We explicitly reject all responsibility for all direct and/or indirect disadvantages or accidents with personal, patients or materials of the buyer, consequent of a defect or bad use of the buyer’s material.
  48. Whenever the buyer’s credits deteriorate, we have the right - even after a partial delivery of a good - to demand for a warrant, which we would consider necessary for a normal execution of the commitment. When the buyer refuses to give us these guarantees, we will have the right to cancel all partial orders, without the possibility for the buyer to demand for any compensation, nor interests.
  49. Whenever the buyer doesn’t fulfill his commitment, more specifically when he cancels a (partial) order, he will have to pay a fixed indemnity of 30% on the cancelled part (see application on article 1152 and 1229 of the Belgian Civil Lawbook), and 12% delay interest/year on this indemnity, starting from the day when delivery against C.O.D. or cash takes place. Also transport costs and take-back costs will have to be paid to us. In case of circumstances beyond one’s control of such nature that observing/fulfilling the transaction cannot be demanded. Included here is when we cannot deliver the goods because of our suppliers, deliver obligation and delivery date will be postponed for a period as long as those circumstances. If however, this takes over 3 months, we are entitled to cancel the transaction, without having to pay any indemnity.

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