The company SPRL FULLUP (here-after « FULLUP ») develops and sells captors-transmitters (level indicators) for storable energy and gives the possibility to her users to have access to a mobile application where they can find multiple functionalities which can evolve over time.
1. All our sales and services are exclusively submitted to the present general terms and conditions with exclusion of the general or specific conditions of the client, even if they figure on his documents. By purchasing an order, the client acknowledges having consulted and accepted present general terms and conditions.
2. Our offers are without engagement, except in case of sale. Every purchase with which we are entrusted, engages us only after written confirmation of our side.
3. Unless otherwise specified, our price concerns the taking charge/support in our stores. The price does not include in any case the installation of the product at the buyer.
4. The products will be considered as accepted by the buyer at the latest eight calendar days after reception of the goods, unless reclamation sent by registered letter before expiration of this delay. The acceptance will cover every apparent defect or conformity defect, meaning every defect that was possible to detect at the moment of reception.
An eventual action based on a warranty for hidden defects can only be introduced by the client within 2 months from the date of delivery and for so far the defect makes in an important measure the product impraoper for the use for which it is usually intended and that has been built, placed and used on an appropriated manner. To benefit from this warranty, the buyer will have to notify every reclamation by registered letter immediately after having recorded the defects.
Our warranty is limited to our choice, to the free reparation or the replacement of the defected goods.
Desirous of the improvement of the quality of our products, we reserve us the right to modify the technical and/or aesthetic characteristics of our products. Differences in colour can occur, these will in no way justify a cancellation and/or a refusal of the goods.
6. Unless otherwise specified, the buyer has the express obligation to take the delivery of the goods within eight days after notification of its readiness, otherwise, the seller will have the right to consider the convention terminated on behalf of the buyer. In this case, the buyer will be held to pay an amount equivalent to 30% of the selling price as damage.
7. If we are responsible for the delivery, this will be provided by the way of our choice, unless otherwise written convention. In this case, the goods travel on costs and risks of the client, except wilful deception on our behalf or on behalf of our clerks. The given delivery delays are only indicative and every time lag can not give under any circumstance rise to a cancelation or a refusal of the delivery, damages or any type of indemnity
8. Parties agree expressively, by derogation of article 1583 of the Civil Code, that delivered goods stay entire property of the seller until complete payment of the invoice by the client. She will be able to claim the restitution of the goods in all hands they will be found.
The buyer will as only be held of the loss, even in case of fortuitous event or force majeure, of the sold goods.
9. The client-trader who exposes our products or our fascicles in his stores needs to obtain our prior authorization.
10. Our invoices are payable within eight days. Default of payment of an invoice on his expiry date makes all our other claims on the client payable as of right.
The non-paid invoices on their expiry date product as of right and without prior notice an interest of 12% on year base since the date of the invoice until complete payment.
Moreover, the client who has not paid an invoice on the expiry date, will owe as of right and without prior notice an indemnity equal to 10% of the due amount with a minimum of 100 euros as indemnity for damages.
11. We sell products in perfect state of functioning. We can not be hold responsible for damages that could occur as a result of an inappropriate treatment or a wrongful utilisation of the goods after the delivery. It will be up to the party which claims a fault to prove that the products where not in a functioning state before the delivery.
It is up to the buyer to verify the conformity of the products and services sold with the goods (oil tank, smartphone, etc.) on which they will be used.
12. It is possible that the services linked with the utilisation of FULLUP-products are temporarily unavailable. The buyer will however not engage the responsibility of FULLUP on this regard.
13. We reserve us the right to, at any time and for no reason whatsoever, to modify or interrupt temporarily or permanently our services without having to previously inform you, including among others if you violated or acted in contradiction with these general terms and conditions and/or every applicable legal prescription.
14. A pawn will be constitued on the sold product(s) simultaneously with the selling until payement of the price.
15. The contractual relations are submitted to Belgian law, for as far it does not derogate of the present general terms and conditions.
16. Every dispute will be of the competence of the Courts of the district of Brabant-Wallon.