Terms of Sale
Article 1 - offer and order
- 1.1 Unless otherwise stipulated in our special conditions, the validity period of our offers is 1 month.
- 1.2 Any order, which has not been preceded by a written offer from us, will only bind us if we have accepted it in writing.
- 1.3 Our agents or representatives do not have power of representation. The sales they negotiate therefore are only confirmed after our written acceptance of the order is sent.
Article 2 - Price
- 2.1 Our prices are in euros, excluding VAT. Any increase in VAT or any new tax that may be imposed between the time of the order and the time of delivery will be borne by the buyer.
- 2.2 Unless otherwise stated in our special conditions, our prices are for delivery to our establishments if installation is not to be carried out by us. If we take care of the transport or its organisation, we will charge the shipping cost to the buyer.
- 2.3 In case of direct purchase our prices are only for the supply of the devices described in the special conditions, excluding all other works and services, and in particular installation and assembly. Should those be ordered by the purchaser, they will be invoiced in addition to the price quoted in our particular conditions.
- 2.4 Prices quoted are calculated for services performed between 8am and 5pm on a weekday, unless otherwise stipulated in the contract. As such a fee will be requested to cover any additional costs.
Article 3 – Payment
- 3.1 Our invoices are payable to our head office. A deposit of 50% will be requested upon receipt of the goods and the remaining balance due when received at the site and without discount.
- 3.2 In the event of failure to pay an invoice by the due date, payment of all invoices from the buyer will become due immediately.
- 3.3 Any unpaid invoice at the end of the term will, by right and without notice, incur a late payment interest of 1% per month, with a minimum of €75.00.
- 3.4 Any invoice unpaid at the end of the term will, in addition, be increased automatically and without notice, by a fixed-rate fee of 10% of the unpaid amount as damages.
- 3.5 If part of the work has already been carried out, the finished part will be invoiced and paid by the client, and a fixed-rate fee will be calculated on the balance of the unfinished order.
Article 4 - Terms of delivery
- 4.1 Unless otherwise stipulated in our special conditions, our deliveries are made to our establishments as described in article 2.2 of these general terms and conditions.
- 4.2 The buyer bears all risks relating to the devices sold upon delivery, especially those relating to transport, even if transport is arranged or provided by us.
- 4.3 If a purchase is direct and for a small quantity the buyer will have to accept delivery, in our establishments, of the devices sold within 10 calendar days at the most from the dispatch of a notice informing the buyer that the products are availalble.
- 4.4 A neutral storage area will have to be provided on your site in order to safely store your merchandise and thus avoid any damages caused by a third party, outside of our control.
- 4.5 WIN4LED sprl may make delivery and/or installation of the goods contingent on an advance payment and/or the payment of previous invoices. The customer agrees to allow access to the necessary spaces to place and connect the installation. For any installation by WIN4LED sprl, the customer is solely responsible for and guarantees the conformity of their electrical installation with regulations. WIN4LED sprl may subcontract or assign all or part of its contractual obligations without the client’s consent.
Article 5 - Delivery period and execution
- 5.1 Each time is only indicative, and implies no commitment from WIN4LED. Exceeding the time limit, or resulting damage, is in no way the responsibility of WIN4LED due to late performance; this does not in any case give the client reason to cancel the order.
- 5.2 The indicated period starts on the day following the day the final order has been received or has been confirmed by WIN4LED. Offer: turnaround time according to schedule. The deadline is suspended in cases of force majeure and when the client has not complied with the commitments made regarding the agreed collaboration.
- 5.3 The client bears the guaranty of the additional costs incurred by executing an order within a shorter period than the stipulated time, upon the client’s request.
Article 6 - Approval
- The devices will be deemed to have been approved by the seller not later than 30 calendar days after installation, except in the case of a specific and detailed complaint of which they must notify us by registered letter before the expiry of this period. The approval will cover all apparent defects, that is, all that the buyer could detect at the time of delivery or within the following three calendar days (see point 4.4), by a careful and serious inspection, especially those relating to the characteristics and operation of the apparatus.
Article 8 – Warranty
- 8.1 a) In case of direct purchase we guarantee the devices we sell for a period of 24 months from delivery or pick up by you under the following conditions.
b) In the case of sales with placement we guarantee the devices we sell for a period of 24 months, including parts, labour and travel from the date of receipt of work under the following conditions.
- 8.2 The warranty shall only apply if all the following conditions are met:
• the defect renders the device to a large extent unsuitable for the use for which it is usually intended or for a special use expressly mentioned in the particular conditions of sale;
• The device has been mounted and placed inappropriately;
• The device is used under normal conditions; the warranty may not apply in particular if the appliance is used in abnormal or special conditions which have not been expressly mentioned in the special conditions of sale, in the event of poor maintenance, modification or dismantling. or repair of the device by a person who is not professionally qualified.
- 8.3 In order to invoke the benefit of the guarantee, the purchaser must notify us of any claim relating to defects by registered letter within a maximum period of 15 days after they have noticed or should have normally noticed the defects.
- 8.4 Our warranty is limited, at our discretion, to free repair (parts and labour) or replacement of the defective unit, excluding sale resolution or damages.
In the case of a direct purchase, the purchaser must return the defective device to our establishments at their own expense and risk in order to have it repaired or replaced. We will bear the cost of returning the device to our facilities and the cost of returning it to the buyer if the device to which the warranty applies is found to be defective.
Article 9 - Limitation of liability
- 9.1 From the date of delivery, we assume no further liability than those provided for in articles 7 and 8. As a result, we are not liable for any damages for accidents to persons, damage to property that is distinct from the devices sold, loss of profits or any other damage resulting directly or indirectly from defects in the devices.
- 9.2 WIN4LED sprl assumes no obligation or any steps or results concerning any tax-related bonuses or deductions related to the installation.
Article 11 - Application of jurisdiction and applicable law
Any dispute relating to the interpretation or performance of the contract is the exclusive jurisdiction of the courts of Verviers. The contract is deemed to be concluded under Belgian law, the only law applicable to contractual relations between parties, notwithstanding any foreign criterion related to the contract.
Article 12 - Right of withdrawal or return
You have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay a penalty. Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. The return costs are borne by the customer. In case of exercise of the right of withdrawal, the company Win4led will proceed to the exchange or the refund of the sums paid, within 14 days of the notification of your request and via the same means of payment as that used at the time of the command. In case of abusive returns, Win4led will not refund returned items.