Terms and conditions
1. Legal Notice
Metrac International SA, hereinafter referred to as “Kitciel.com”, a company having its registered office at 1336A CH de Waterloo 1180 Brussels (Belgium), and registered with the company number BE0424175060
Service: supply of fiber optic and LED lighting products.
These general conditions (the ” Terms and conditions “) Apply to the agreement (the” Convention “) Concluded between the Company and the client (the” Customer “) And through which the Company provides the Client with The Company and the Client are individually designated as” part “And collectively as” parts To the Convention.
All the price elements and characteristics of the Service displayed publicly (for example online or in informative brochures) are provided for information purposes only. Only the prices and characteristics included in the offer communicated to the Customer are liable to commit the Company.
The Customer accepts the Service offer, if applicable, by accepting in writing or by returning signed an order form issued by the Company and which contains the main characteristics of the Service or by confirming in writing to the Company (including by email or via an online shopping interface).
By accepting the offer, the Agreement enters into force, the Customer consents to the application of the General Conditions and waives the application of the contradictory provisions of its possible general conditions of purchase or of any other possible provision emanating from the Customer and which , in the absence of this article, would contravene the General Conditions. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Client is subject (such as, for example, the rules for awarding public contracts) prevail over the provisions of the General Conditions.
The Company undertakes to deploy its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.
4. Intellectual property
The Client acknowledges that all the elements made available by the Company to the Client (for example, texts, images, photos, logos, databases, [les fonctionnalités et l’interface du Site web], etc.) are protectable by one or more intellectual property rights (including copyright, trademark law and rights related to the production of databases) of which the Company is the holder. The Customer refrains from using these elements or reproducing them and refrains from removing or adapting any references to the associated intellectual property rights.
In exchange for using the Service, the Customer pays the Company the price included in the offer accepted by the Customer. The price must, unless otherwise indicated, be understood as denominated in euros (EUR) and with application of value added tax (VAT).
The price is calculated, where applicable, on a fixed basis, periodically (annually, monthly, etc.) or on use or on delivery. The price may, where applicable, detail other costs related to the use of the Service (such as, for example, delivery costs, packaging costs, transport costs, installation costs, etc.) .
6. Payment and invoicing
The Company issues an invoice and communicates the invoice to the Customer. The Customer pays the items on the invoice, if applicable, immediately (by means of credit card payment, SEPA payment or other online payment method).
7. Legal warranty and liability
If the Company has delivered a consumer good to the Customer, the Customer may request the Company to repair or replace this good if it finds a lack of conformity. If the repair or replacement proves to be excessive or impossible or cannot be carried out within a reasonable period of time, the Company will inform the Customer, who may request a reduction in the price or the dissolution of the Agreement.
If the lack of conformity manifests itself within one month of delivery, the defect is deemed to have existed before delivery, unless the Company can prove otherwise. After this period, the Customer reports to the Company proof that the defect already existed at the time of delivery.
To the extent permitted by applicable law (and in particular without prejudice to the Company’s liability in the event of the Client’s death or bodily injury caused to the latter and resulting from an act or omission of the Company):
the Company incurs no other guarantee or liability than those expressly established in the General Conditions;
the Company can only be held responsible vis-à-vis the Customer because of its fraud, its serious fault or that of its employees or, except in cases of force majeure, due to any non-performance of essential commitments which are the subject of the Convention;
if the Company’s liability were to be incurred, the Company would only be required to repair direct damage and could under no circumstances be held liable for indirect damage suffered by the Client, his representatives or other persons concerned, occurring in the framework of the execution of the Agreement such as, for example, loss of income, loss of profits, loss or compromise of data, loss of goodwill, loss of turnover, reputational damage or loss of profit, whether the Company has been notified of the possibility of such damage or not;
if the Company’s liability were to be incurred, the Company’s total liability towards the Client under the Agreement will not exceed the price paid by the Client for the part of the Service for which its liability is incurred during the twelve (12 ) month preceding the occurrence of the damage.
8. Right to retract
If the Company has delivered consumer goods to the Customer, the Customer has the right to inform the Company of his wish to withdraw within 14 calendar days, without reason and at no additional costs than those provided for by the Code of economic law (the ” right to retract “).
Where applicable, the Company informs the Client that the Company benefits from a legal exception to the right of withdrawal.
The Customer informs the Company of his desire to exercise his right of withdrawal in writing, either through an unambiguous declaration clearly setting out the decision to withdraw, or by duly completing the legal withdrawal form downloadable via the link following: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf.
The Customer may at any time send a complaint to the Company in writing to the following address: email@example.com, as well as via the Contact form
If the Company and the Client fail to reach an amicable settlement, the Client can contact the Consumer Mediation Service at any time, at the following coordinates:
Consumer Mediation Service
Boulevard du Roi Albert II 8 box 1
Phone. : +32 2 702 52 20
Fax: +32 2 808 71 29
The Customer can also access an online form at the following address: http://www.mediationconsommateur.be/fr/formulaire-de-plainte
The Client can contact the European online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .
The Company reserves the right to modify all or part of the provisions of the General Conditions at any time. The Company informs the Client thereof by making the new version of the text of the General Conditions available to the Client. Unless otherwise indicated in the information provided to the Client, the provisions of the new version of the General Conditions apply to the contractual relationship between the Company and the Client on the first day of the second month following the date of their communication. If the Customer objects to the application of the provisions of the new version of the General Conditions, the Agreement automatically ends on the first day of the second month following the date of their communication (it being understood that the penultimate version of the General Conditions will continue to apply to the contractual relationship between the Client and the Company until the termination date of the Agreement).
The parties are validly informed or notified in writing of the actions included in the Agreement (for example, receipt of an invoice, receipt of the notice of termination of the Agreement, etc.) by email sent to the person’s email address. contact provided in the last invoice issued by the Company, or failing that to the email address of the contact person provided in the offer, or failing that an email address through which a party (or one of its representatives) interacted within the framework of the execution of the Convention.
As far as necessary, the Customer acknowledges that the Company’s invoice must be considered as sent to the Customer when it is communicated by email.
Any appendix included in the offer applies to the Agreement.
Any dispute relating to, or which may be related to, the formation, interpretation, execution or termination of the Agreement is settled in accordance with Belgian law and subject to the exclusive jurisdiction of the competent court for the district of the seat of the Society.