TERMS AND CONDITIONS OF SALE

General terms and conditions of sale E-commerc

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In our general terms and conditions means:

- Vendor: Mechanic-International
- Buyer: the buyer/trader and the buyer/consumer
- Buyer/trader: the natural or legal person who buys for professional purposes.
- Buyer/Consumer: the natural person who buys exclusively for non-professional purposes.

Article 1. General terms and conditions

All offers, orders, contracts and sales made by MECHANIC-INTERNATIONAL sprl (hereinafter referred to as 'MI') are governed exclusively by these terms and conditions. MI' is in no way bound by any deviating conditions of sale or delivery of the buyer.
By using the MI website and/or placing an order, the buyer accepts these general terms and conditions as well as all other rights and obligations as stated on the website.

Article 2. Identity

All products are offered by:

MECHANIC INTERNATIONAL

Meersstraat 27

1730 Asse
Belgium
Count. : + 32 2 453 13 07
Fax. : + 32 2 453 09 56
E-mail. info@m-i.be
KBO: 0415.760.905.
Our opening hours : Every working day from 8.00 to 18.30 hrs after a telephone call.

Article 3. Truthful information

The buyer expressly declares that the information provided by him is truthful and acknowledges that when giving false or misleading information, no agreement is concluded.

Article 4. Orders

Attention: Minors (under 18 years) are not allowed to place an order, unless they have permission from their parents or guardian.
The information as displayed on the website and/or webshop should be understood as an invitation to enter into negotiations.
All goods that the buyer wishes to purchase are stored in a virtual shopping basket. When the buyer has finished shopping and wishes to place his order, this should be done by following the procedure mentioned on the website.


The buyer must enter his contact and invoicing details and press "confirm order" to place the order definitively. An order confirmation will then be sent by e-mail to the e-mail address provided by the buyer. This in no way implies that your order has been accepted by MI. All orders must be accepted by MI and this will be done by sending a "shipping confirmation" to the purchaser by e-mail. The agreement is only concluded when a "confirmation for shipment" has been sent to the buyer.

Therefore, the agreement only relates to the goods listed in the
"shipment confirmation." MI is in no way obligated to deliver goods that would have been ordered by the purchaser but are not listed on the "confirmation for shipment".
The customer and MI expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the absence of an ordinary signature does not affect the binding force of the agreement.
The contract can be concluded in the language of the website in which you are purchasing.
MI's electronic files shall be regarded as a presumption of proof, to the extent permitted by law.
All offers are made under the condition that the goods are in stock. If certain goods are not in stock, MI reserves the right to inform the purchaser about similar and in stock products. Orders will be delivered as soon as possible. If the goods are available from stock, they will be delivered within 48 hours within Belgium. Unless expressly stipulated otherwise, the deadline for delivery is 30 days after receipt of the "confirmation of dispatch", with the exception of payment by bank transfer, where the deadline for delivery is 30 days after receipt of payment. For the buyer/consumer, the delivery time stated by MI is only an indication and therefore no rights can be derived from it.

Article 5. Prices

All prices are in Euro.
The prices of the products are listed on the website subject to apparent slips of the pen. MI makes sure that all prices mentioned on the website are correct without any obligation of result. If MI discovers an error in the quoted price of a product, which is already the subject of an order placed by the buyer, MI will inform the buyer about this, giving the buyer the choice to confirm or cancel the order. If the buyer does not respond within 14 days, MI will consider this as a cancellation of the order.

The buyer owes the price communicated by MI in its confirmation in accordance with article 4 of these terms and conditions. Obvious (manipulation) errors in the price quotation, such as obvious inaccuracies, can also be corrected by MI after the conclusion of the agreement.
The prices as stated on the website are inclusive of VAT and exclusive of delivery costs, but these will be clearly communicated to the buyer. From 1000 Euro's, the orders will be delivered carriage paid throughout Belgium. (except for shipments with different/special dimensions)
Shipping costs are always charged for abroad. These are available on request from our transport department.
The decisions taken by 'MI' with regard to the applicable VAT rate and whether or not VAT will be charged are binding for the customer.

Any other additional costs will always be communicated to the consumer/purchaser in advance.

Article 6. Payment methods

With regard to certain payment methods, further conditions apply with regard to the delivery method and possible costs. This will be clearly communicated to the buyer before the final order is placed.
When ordering via the website, payment can be made in the following ways:

- Bank transfer
- Credit card (VISA, MasterCard)
- BanContact
- Maestro
- iDeal
- Sofort
- Giropay

To ensure secure online payment and the security of personal data, the transaction data is transmitted over the Internet encrypted with SSL technology.
If the payment cannot be processed immediately due to the choice of a financial payment method that does not allow such immediate payment, MI will only proceed with delivery after the payment has been received.
If a credit card payment method is chosen, it is subject to the conditions of the relevant card issuer.
The purchaser and Mechanic International expressly agree that by using electronic forms of communication, a valid agreement can be concluded. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance.
Your order is complete and the agreement between us is final as soon as we have received the card issuer's approval for your payment transaction with credit or debit cards.

Article 7. Invoicing and payment

After 'MI' has received the payment, an invoice will be drawn up on the basis of the sent 'confirmation for dispatch', unless explicitly agreed otherwise in writing.
All invoices are payable at ASSE or at any other place designated by 'MI'. MI does not allow a discount for cash payment.
Payments shall be made in cash, after issue of the invoice and, in the event that the invoice is sent within 30 days after the invoice date
In the event of non-payment on the due date, the invoices shall automatically, without notice of default, yield an annual interest of 12%. In the event that the customer fails to pay an overdue invoice within eight days following a formal notice to that effect, a fixed compensation equal to 15% of the invoice amount, with a minimum of 40 €, without prejudice to late payment interest and a fixed processing fee of 30 € by registered letter, shall be due ipso jure.
In the event of late payment of an invoice, all outstanding invoices shall automatically lapse, regardless of any permitted payment terms. All price discounts and reductions shall also lapse.

Article 7. Delivery

7.1.

Orders will be delivered as soon as possible. If the goods are available from stock, they will be delivered within 48 hours within Belgium. Unless explicitly stipulated otherwise, the deadline for delivery is 30 days after receipt of the "confirmation for shipment", with the exception of payment by bank transfer, where the deadline for delivery is 30 days after receipt of payment. For the buyer/consumer, the delivery time stated by MI is only an indication and therefore no rights can be derived from it.
If a product, which is temporarily out of stock, is ordered by the buyer, an indication will be given as to when the product will be available again. MI will inform the purchaser of any delays by telephone or e-mail as soon as possible.
Deliveries will be made to the address provided by the purchaser during the conclusion of the agreement.

7.2.

MI will deliver the goods AF MAGAZINE by placing them at the disposal of the buyer/trader at his registered office/dealer's premises. From that moment on, the buyer/trader is responsible for all costs and risks associated with packaging, loading and transport to the desired destination, even if the ordered goods are damaged and/or destroyed during installation, assembly or processing by MI's appointee.
For the buyer/consumer, the risk of loss is transferred upon delivery of the goods.

7.3.

The purchaser is obligated to take delivery of the purchased goods within the agreed period of time. Failing this, 'MI' is entitled to demand payment of the purchase price of the part not purchased, or to consider the agreement dissolved without judicial intervention.

7.4.

At the request of the purchaser, the ordered goods will be transported by 'MI'. The additional costs will be clearly communicated to the buyer before the final order is placed.

7.5.

At the request of the purchaser, 'MI' will install the ordered goods at the delivery address. The additional costs will be clearly communicated to the purchaser before the final order is placed.
Items ordered through this webshop can be delivered in Belgium and abroad.
Delivery is made by UPS or similar transport companies. Orders over 1000 Euro's will be delivered carriage paid in Belgium. For orders under 1000 Euro's transport costs apply from 15,00 Euro's for Belgium.
Any visible damage and/or qualitative shortcoming of an article or any other shortcoming at the time of delivery must be reported immediately by the Customer to Mechanic International. Complaints of the Purchaser concerning visible defects must be notified to us by the Purchaser within 5 working days after delivery. This must be done in writing with a clear and precise description of the defects.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party appointed by him, who is not the carrier) has received the goods physically. The risk of the goods is transferred at the moment they are made available to the buyer.

Article 8. Objection

Without prejudice to the buyer/consumer's right of withdrawal, the buyer is not permitted to return products without the written consent of 'MI'.
Except for written protest in the manner specified below, all deliveries of goods and services are deemed to have been accepted by the customer at the time of delivery without any reservation.
With regard to the buyer/trader, any dispute regarding visible defects must be formulated immediately upon delivery of the goods or works. In connection with hidden defects, the buyer/trader must protest within eight days after discovery thereof. All protests and/or disputes must be notified to 'MI' by registered letter.
The buyer/consumer must notify all complaints, if the defects are visible, to 'MI' by registered letter within two months after delivery or installation, under penalty of forfeiture.
If the defects were hidden, the buyer/consumer must inform 'MI' by registered letter within two months from the day the defect was detected, under penalty of forfeiture.
The purchaser must allow 'MI', under penalty of forfeiture, to carry out a proper investigation, which means that the goods will be returned to 'MI' in undamaged condition and in their original packaging.
If, after examination, the "good" is found to be defective, the buyer/consumer chooses a repair or replacement free of charge. If this is not possible, the buyer/consumer has the right to request an appropriate price reduction or the dissolution of the contract, without this opening the right to additional compensation.

Article 9. Warranty

The guarantees are those granted to 'MI' by the workhouses, manufacturers, factories of the goods they sell.
For the buyer/consumer, the legal warranty of 2 years applies. This guarantee only covers a lack of conformity that already existed at the time of delivery of the goods. During these two years, we undertake to replace or repair the defective article or part free of charge. We reserve the right to exchange the article if the cost of repair is disproportionate, or if a repair is impossible. Defects that manifest themselves after a period of 6 months after delivery, are not deemed to be present at the time of delivery, subject to proof to the contrary from the customer.
In order to make a claim under the guarantee, the purchaser must present the proof of purchase, the receipt or the invoice. The guarantee is not transferable. Any defect must be reported within 2 months of its discovery, within the warranty period. After that period, any right to repair or replacement expires.
The purchaser must contact 'MI' in advance to make practical arrangements. Depending on the nature of the item, 'MI' may decide to collect the defective item for repair either
(front door) or have it repaired at the buyer's home.
The warranty never applies to defects caused by accidents, aggravation of the condition by negligence, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the operating instructions or manual, modifications or alterations to the device, heavy-handed use, faulty assembly, poor maintenance, improper handling, abnormal, commercial or incorrect use.

Nor does the warranty apply if repairs, changes or modifications have been made to the delivered goods by the purchaser, user or third parties without the written consent of 'MI'.

Article 10. Products

MI makes every effort to ensure that the colours on the website match those of the actual product as closely as possible. Due to technical limitations, certain colours may vary.

Despite the fact that the online catalogue and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind Mechanic International. Mechanic International is only bound to the correctness and completeness of the offered information. Mechanic International is under no circumstances liable in case of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is always valid as long as stocks last and can at all times be adjusted or withdrawn by Mechanic International. Mechanic International cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is made under conditions, this will be explicitly mentioned in the offer.

Article 11. Right of revocation

The buyer/consumer has the right to notify the seller that he renounces the purchase, without payment of any penalty and without giving a reason, within 14 calendar days from the day following the delivery of the article. To this end, he may use the withdrawal form which can be found here.
This period allows the purchaser to evaluate the purchased item as in a shop.
The buyer can view and inspect the purchased item. During this period, the buyer must handle the purchased item with the necessary care. The buyer is liable for the reduction in value of the goods resulting from the handling of the goods that goes beyond what was necessary to determine the nature, characteristics and operation of the goods.
When the item is no longer saleable, this will be charged in full.
Immediately and in any case within 14 days after the day on which the buyer has communicated his decision to withdraw to 'MI', the consumer will send back the goods or hand them over to 'MI' or to a person authorised by 'MI' to receive the goods, unless 'MI' has offered to collect the goods itself.
The consumer bears the cost of returning the goods.
If 'MI' receives the goods in unused condition and in their original packaging with all accessories, the buyer will receive a refund within 30 days after the goods were received by 'MI'.
The consumer cannot exercise the right of withdrawal for the delivery of goods manufactured according to the consumer's specifications, or which are clearly intended for a specific person.

Article 12. Force majeure

MI is never liable for damage as a result of malfunctioning of the business activity, personal injury, reduction in value or loss of goods and/or data, regardless of any other damage, which is the direct or indirect result of intervention, goods, services and/or advice provided by 'MI', or delay in or absence of deliveries, and which may be caused by the customer and/or third parties. If, for whatever reason, this liability would be established, it is in any case limited to 30% of the value of the ordered works.

In all cases, the seller's responsibility is always limited to his choice:
- Either to reduce the price in proportion to the quantity of defective goods.
- Either to simply reimburse the unit price agreed by the parties.
- Either to the simple replacement of the defective goods whereby the replaced goods become the property of "MI". All this without 'MI' being obliged to pay any further compensation.
MI will be released from all its obligations in case of force majeure. Force majeure is conventionally considered to be any factual and/or legal situation, which may be the cause, resulting in an increase of more than 30% of the cost price for 'MI' for the performance of the obligation. The customer guarantees and will indemnify 'MI' for this, to the extent necessary, that they have obtained permission from the manufacturer and/or distributor of the hardware/software on which 'MI' works, to carry out modifications, improvements, to have these works carried out by 'MI'.

Article 13. Ownership

Ownership of a product, notwithstanding the actual delivery, shall not pass to the Purchaser until the Purchaser has paid the payment due for this product in full, including compensation for interest and costs.
The aforementioned goods must be returned to MI upon first request. If the goods are not returned, MI is entitled, and expressly authorized by the customer to do so, to retrieve the goods, if necessary, by entering the customer's premises where the goods are located.
The purchaser may not encumber, sell, resell, transfer, dispose of, process, or otherwise encumber the goods prior to the transfer of ownership.

Article 14. Seller's responsibility

MI is never liable for damage as a result of malfunctioning of the business activity, personal injury, reduction in value or loss of goods and/or data, regardless of any other damage, which is the direct or indirect result of intervention, goods, services and/or advice provided by 'MI', or delays in or absence of deliveries, and which may be caused by the customer and/or third parties. If, for whatever reason, this liability would be established, it is in any case limited to 30% of the value of the ordered works.

In all cases, the seller's responsibility is always limited to his choice:

- Either to reduce the price in proportion to the quantity of defective goods.
- Either to simply reimburse the unit price agreed by the parties.
- Either to the simple replacement of the defective goods whereby the replaced goods become the property of "MI".

All this without 'MI' being obliged to pay any further compensation.

Article 15. Content

MI does not guarantee and cannot accept any responsibility that the colour, shape and/or model of the delivered goods are completely identical to the models shown on the website.

Article 16. Questions or complaints

Any questions, complaints or comments can be sent to our customer service via info@m-i.be. Mechanic International makes every effort to handle your complaint as soon as possible after receipt.

Access to out-of-court complaint and dispute resolution procedures.
https://www.unizo.be/sites/default/files/reglement_-_13_januari_2017.pdf

Article 17. Copyright

The content of this website and other publications of MI are owned or licensed by MI or are used with the permission of the owner.

Reproduction is strictly prohibited, unless with explicit written permission.

Article 18. Disputes

In the event of any dispute relating to the execution and/or interpretation of the agreement concluded between the parties, the courts of BRUSSELS shall have exclusive jurisdiction. If, pursuant to the provision of the Judicial Code, the dispute lies with the Justice of the Peace, the Justice of the Peace of BRUSSELS shall have exclusive jurisdiction. Belgian law shall always apply.

In addition to the courts of the consumer's place of residence, which have jurisdiction to hear legal disputes, the consumer can also turn to the ODR platform: http://ec.europa.eu/consumers/odr/.