These general terms and conditions (the "General Terms and Conditions") apply to both the provision of services and the sale of goods by Techtronix BV. ("Techtronix").
The General Terms and Conditions are considered to be accepted in full and without any reservation by the Client by placing the order. The General Terms and Conditions and each specific Agreement constitute the entire and only Agreement between the parties and replace all prior oral or written agreements, proposals, promises, arrangements or communications relating to the subject matter of the specific Agreement. The Client's general terms and conditions do not apply.
The obligation of Techtronix to deliver the goods or services ordered by the Client at the price determined by Techtronix and paid by the Client constitutes the main obligation of the Agreement. If Techtronix is dependent on the intervention of an external party for the delivery of goods or services ordered by the Client, the delivery obligation of Techtronix is subject to the express suspensive condition of availability, at the time Techtronix consults the external party, of those goods or services at the price proposed by Techtronix and paid by the Client. The price paid by the Client is considered a deposit before the realization of the suspensive condition. Techtronix undertakes to check the availability at this price with the external party within 5 working days of receipt of the payment of the deposit. If the ordered goods or services are not available at the time that Techtronix consults the external party, this Agreement will lapse and Techtronix will refund the deposit paid by the Client, without further obligations between the parties. If the ordered goods or services are available at a different price at the time Techtronix consults the external party, this Agreement will lapse and Techtronix will give the Client the choice to accept this different price, creating a new Agreement between Techtronix and the Client.
The agreement between the User and Techtronix is concluded for an indefinite period. Both Techtronix and the User may terminate this agreement at any time, with immediate effect and without appealing to a court. If the agreement is terminated, the User will no longer be able to use the Services. The termination of the agreement does not affect electronic invoices and documents stored in a Cloud solution.
As a consumer, the User has the right to revoke the agreement within fourteen (14) days after registering with the Techtronix Services without stating reasons and without costs. Any payments in the context of the Techtronix Services that have already been made cannot of course be reversed on the basis of the right of withdrawal. To exercise the right of withdrawal, the User can send an email to info@techtronix.be or use the model form as included in Appendix 2 of Book VI of the Code of Economic Law and attached at the end of these General Terms and Conditions. The model form must be completed and sent as an attachment by email to the aforementioned email address.
Techtronix has the right to terminate this agreement and remove or suspend the User's profile with immediate effect, without any notice, without recourse to a court and without any form of compensation or other recourse, if the User's registration or use of the Techtronix Services (a) constitutes a violation of these General Terms and Conditions or of an intellectual property right or other right of a third party, (b) jeopardizes or could jeopardize the security or integrity of the Services, the solutions of the Payment Service Providers, the supported Cloud Solutions or a third party, (c) is accompanied by viruses, Trojan horses, worms, spyware, malware or the like, or (d) is harmful, obscene, discriminatory, hateful, racist, defamatory, harassing, offensive or otherwise inappropriate, illegal or unlawful.
Techtronix reserves the right to change these General Terms and Conditions via a message in the Techtronix App, the website or via email. The User is deemed to have accepted these changes if Techtronix does not receive a written notification from Him within ten (10) working days after the date of distribution of the message that He objects to the changes. If the User objects to the changes within the aforementioned period, each party will have the right to terminate the agreement with immediate effect without recourse to a court but by means of a simple message (for example via email) to the other party. The User must attach a copy of both sides of his identity card to such message.
The prices communicated by Techtronix on the website and via other channels are always subject to obvious typographical errors. Individual quotations are revocable and valid for 15 days, unless otherwise stated in the quotation. All prices are in Euro and exclusive of VAT, unless otherwise stated, and are payable as stated on the invoice. Unless otherwise agreed, the prices relating to the service provision are calculated for a period of one year. At the start of this period, the full price is paid in accordance with article 5.
The prices relating to the service provision can be changed by Techtronix at any time during the term of the Agreement. The Customer will be informed of this via the website and also individually via personally targeted communication. The changed prices will be payable by the Customer after two months from the individual notification, unless the Customer has made use of the option to terminate the Agreement free of charge and without giving reasons. Termination by the Customer must be done by registered mail or electronically via info@techtronix.be within thirty calendar days following the individual notification of the changed prices.
Each promotion applies per Customer, whereby promotions cannot be combined with each other. In the event of abuse of promotions by the Customer, for example but not limited to the deliberate creation of multiple accounts, Techtronix reserves all rights and Techtronix can, for example but not limited to, not apply promotions.
The delivery terms stated by Techtronix are indicative and not binding, unless expressly agreed otherwise. The terms are always formulated in working days. A reasonable delay in delivery can in no case give right to cancellation of an order or compensation.
Any complaint concerning the delivery, of whatever nature, must be notified in writing to Techtronix by the Customer within 8 working days from the delivery of the goods or the start date of the performance of the services. Any complaints concerning the delivery or performance cannot be used as a pretext to suspend or delay payment of invoices. The lack of written protest of an invoice within 8 working days from its dispatch implies the irrevocable acceptance of the invoice and the amounts, products and services stated therein.
Invoices must be paid within one month after the invoice date. If the Customer has not paid in full after 14 calendar days after the payment term, he is in default after the first reminder in which the consequences of the failure to pay are stated. If the Customer is in default, this has the following consequences: (i) the statutory interest is due on the outstanding amount; (ii) the Customer shall be liable for collection costs equal to 15% of the principal amount, or 40 euros if that amount is more than 15% of the principal amount, or, if the Customer is a Consumer, the amount due under applicable law; (iii) the Customer may suspend the provision of services (and any website hosted for the Customer made inaccessible) without further notice until the outstanding amounts, including interest, have been paid; (iv) Techtronix has the right to dissolve or terminate the Agreement at its discretion pursuant to Article 2 and to take back any delivered goods to the extent possible.
If the Customer is a Consumer, he has a period of 14 days to withdraw from the Agreement without giving reasons.
The period of 14 days starts from the day the Agreement was concluded or, in the case of sale of goods, from the day the Consumer physically takes possession of the goods.
If the Consumer wishes to make use of this right of withdrawal, he will inform Techtronix of this in writing within the period stated above. Techtronix will reimburse the Consumer for all payments received and delivery costs by means of the same payment method as that used by the Consumer, from the moment all goods have been returned.
Techtronix shall not be liable in connection with the conclusion or performance of the Agreement except in the cases mentioned below, and up to the limits stated therein.
Techtronix's total liability for damage suffered by the Customer as a result of an attributable failure by Techtronix to fulfil its obligations under this agreement, expressly including any failure to fulfil a warranty obligation agreed with the Customer, or due to unlawful conduct by Techtronix, its employees or third parties engaged by it, is limited per event or a series of related events to an amount equal to the total of the fees (excluding VAT) owed by the Customer under the agreement, or, if the agreement has a duration of more than three (3) months, an amount equal to the fees owed by the Customer in the last three (3) months. In no event, however, will the total compensation for direct damage exceed ten thousand (10,000) euros (excluding VAT).
Techtronix is expressly not liable for indirect damage, consequential damage, lost profit, missed savings and damage due to business stagnation. Techtronix's liability for attributable failure to comply with the agreement only arises if the Customer immediately and properly notifies Techtronix in writing of the default, stating a term of at least 14 calendar days to remedy the default, and Techtronix continues to fail to comply with its obligations after that term. The notice of default must contain a description of the default that is as detailed as possible, so that Techtronix is able to respond adequately. The notice of default must be received by Techtronix within 30 calendar days after the discovery of the damage.
The exclusions and limitations referred to in this article shall lapse if and to the extent that the damage is the result of intent or deliberate recklessness on the part of the management of Techtronix, as well as for death or physical injury of the Customer as a result of an act or omission by Techtronix.
The Customer is liable to Techtronix for damage caused by an error or shortcoming attributable to him. The Customer indemnifies Techtronix against claims concerning failure to comply with the code of conduct in these General Terms and Conditions when using the services or goods by or with the permission of the Customer. This indemnity also applies to persons who are not employees of the Customer, but who nevertheless used the services or goods under the responsibility or with the permission of the Customer.
Techtronix is and remains at all times the holder of all intellectual property rights relating to the content - including all accessories - of the Techtronix Services, excluding the documentation, drawings, sketches or software of the Payment Service Provider, the provider of a supported Cloud Solution, the Sender or the User. Techtronix grants the User only a non-exclusive, non-transferable and non-sublicensable right of use of the Techtronix Services for an indefinite period, which is consistent with normal use of the Services by a normal, prudent User.
The rights and obligations arising from this Agreement concluded with Techtronix for the Customer may not be transferred to third parties, either in part or in full, without the prior written consent of Techtronix.
If a provision of an Agreement concluded with Techtronix or its application becomes or is null and void or unenforceable for any party or circumstance, this will not affect the remainder of the Agreement.
Changes to contact details such as addresses, telephone numbers, contact persons and e-mail addresses of the Customer must be communicated to Techtronix immediately by the Customer. If the Customer fails to report this immediately, Techtronix may recover the costs for research or returned shipments from the Customer. The log files and other electronic or non-electronic administration of Techtronix constitute full proof of Techtronix's statements and the version of any (electronic) communication received or stored by Techtronix shall be deemed authentic, unless the Customer provides proof to the contrary.
Force majeure events will release Techtronix from its obligations under these General Terms and Conditions for as long as the event lasts, provided that Techtronix notifies the Customer in writing and describes the force majeure, and immediately resumes the performance of the relevant obligations when and to the extent that the force majeure event has disappeared. The Customer will not be entitled to claim damages for Techtronix's failure to fulfill any of its contractual obligations as a result of a force majeure event.
This Agreement concluded with Techtronix is governed by Belgian law. Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Belgian court for the district in which Techtronix is established.
