GENERAL CONDITIONS OF SALE AND SERVICES OF SOGECAM
I. SCOPE:
These general conditions of sale are applicable to all orders placed by the Customer with SOGECAM and to all sales contracts, including any ancillary service provision or to all service provision contracts. These general conditions of sale and provision of service exclude, in the absence of written acceptance by SOGECAM, all the general and specific conditions of purchase of the Client.
The Customer is defined as being the person validly representing a legal person or his own business or a consumer within the meaning of article I.1, 2° of the Code of Economic Law, and agreeing to the order form, offer or service contract issued by SOGECAM.
Unless proven otherwise, the Customer acknowledges having received a copy of these general conditions and having read them.
If one of the provisions of the general conditions should be declared inapplicable or invalidated for any reason, this invalidity or inapplicability will not affect the application or the validity of the other provisions of the general conditions.
SOGECAM reserves the right to modify its general conditions at any time. The conditions applicable to the order are those appearing on the site www.jambes-machines.be at the time it is placed by the Customer.
II. ORDER :
The order, the service, rental or transport contract express the Customer's consent in an irrevocable manner.
The order, the contract of services specify at least and in a firm way, the product (by taking again the elements of codification of the product sheet), the quantities, the deadlines, the place as well as possibly the schedule of delivery desired by the Customer), the service (details and purpose of the services, practical terms of execution, terms of payment, etc.).
In the context of the transport of goods by road, the contract of carriage is evidenced by a consignment note established in 3 originals and which contains the indications as to the methods of taking charge of the goods, the place of delivery, the costs of dispatch, at the agreed time, etc. or by an agreement negotiated between parties.
The assembly is to be considered as a separate transaction.
Any cancellation or modification of the order or of the service, rental or transport contract by the Customer must be notified by registered letter to the registered office of SOGECAM.
The execution or delivery times are only given as an indication. As a result, in particular, in the event that they are not respected, the Client may neither terminate the contract, nor request its resolution, nor claim any damages from SOGECAM.
SOGECAM reserves the right not to accept an order or to accept it under conditions derogating from the present due to legitimate reasons such as: abnormal order or in bad faith, notorious or not insolvency of the Customer, previous incident of payment with this Customer.
III. PRICE :
The prices of the items offered are indicated in Euros. They are deemed to be exclusive of VAT, excluding shipping and processing costs.
The prices of services or transport do not include insurance costs or any taxes. These are always the responsibility of the Customer.
The price of transport is payable immediately on the date of the order or on any other due date mentioned in the invoices. The goods will only be dispatched or delivered once the price has been received or according to the type of contract, on the order of the Customer who guarantees payment vis-à-vis the end Customer.
SOGECAM reserves the right to modify its prices at any time, but undertakes to apply the tariff in force which was communicated at the time of the order.
IV. DELIVERY :
Unless otherwise specified, delivery is made to the address indicated when ordering. All deliveries are made on the ground floor, behind the front door and without stairs. For any delivery made to another location, SOGECAM reserves the right to charge additional costs to the Client.
The delivery is carried out by SOGECAM or by the services of a subcontracting transport company adhering to the code of good practice for the transport of goods by road.
Orders are dispatched within the deadlines set by the delivery slips sent by the Customer and provided that the goods have indeed been transported to SOGECAM's warehouses.
The risks are transferred upon delivery of the goods to the Customer. If the goods arrive damaged, the Customer has the option of refusing them or making reservations on the consignment note or confirming these by mail or email within 48 hours with the carrier.
V. LATE PAYMENT – PENALTY CLAUSE:
Any amount unpaid on its due date will be increased, automatically and without prior notice, by conventional default interest of an annual amount of 12% from the due date of the invoice until full payment.
Any amount unpaid on its due date will result in the debiting, ipso jure and without prior notice, of a fixed indemnity of a total amount of 10% of the sum in principal, interest and costs, with a minimum amount of 100 euros.
VI. BREACH OF CONTRACT – PENALTY CLAUSE:
In the event of cancellation of the purchase order or the service contract, for any reason whatsoever, the Customer is liable for a lump sum compensation equivalent to 20% of the total amount of the order.
Reciprocity clause: except in cases of force majeure, in the event that SOGECAM fails to perform any obligation of the agreement causing damage to the Client acting for non-professional purposes, SOGECAM will, after receipt of a formal notice which it has not responded to for fifteen days, liable to the Consumer Customer for compensation equal to 20% of the total amount of the order.
VII. RETENTION OF OWNERSHIP:
The transfer of ownership of the goods to the benefit of the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the goods.
VIII. SALE OF TOOLS OR OTHER NEW OR USED MACHINES:
The technical descriptions and photographs of the machines and tooling items offered have been drawn up with the greatest care by specialists and checked with SOGECAM's suppliers. However, they do not enter into the contractual field. Also, if errors have occurred, under no circumstances can SOGECAM be held liable. However, if the Customer wishes to return the machine following an error in the description, new and in its original packaging, the return will be made at SOGECAM's expense, according to the procedures provided for in the following paragraph.
The characteristics of the material are given by the manufacturer and under his responsibility.
The items offered comply with the legislation of the European Community and Belgium in force.
SOGECAM declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery outside the EU.
SOGECAM invites its Customers to read the instructions for use or any other information attached to the product or given on the product or its packaging (precautions for use, conditions of use). Faults in use or maintenance would deprive the Customer of his right to the guarantee.
The same goes for the parts which are to be replaced (wearing part, spare part, standard part, etc.), these must comply with the provisions laid down by the manufacturer or SOGECAM.
The offers presented by SOGECAM are only valid within the limits of available stocks.
Used equipment is always sold in the condition well known to the buyer and paid for in cash.
IX. RIGHT OF RETURN AND WITHDRAWAL (DISTANCE CONTRACT):
In accordance with article 47 of the law of April 6, 2010 repealed by the law of December 21, 2013 on market practices and consumer protection, the Customer, private consumer, has a right of return; whatever the reason. He therefore has the right to notify SOGECAM, whose contact details appear on all commercial documents and the website www.jambes-machines.be, that he renounces the purchase, without penalty and without giving any reason, within 14 days. calendar from the day after the day of delivery of the goods.
In this case, the goods must be returned to SOGECAM within the same period.
For goods that can be returned by post, the postmark will prevail. For larger parcels, the date of the return request is valid. SOGECAM asks the Customer to contact its customer service on +32 081/30.35.62, which will indicate the delivery methods.
This right assumes that the item is returned in perfect condition, in its original packaging. Goods which do not arrive in this condition, which are incomplete, damaged or damaged, which have been used, etc. will not be reimbursed and will remain available to the Customer, who will be responsible for picking them up at the head office.
The costs will be distributed as follows:
i. Delivery error, refusal on delivery, description error, damaged equipment upon receipt: SOGECAM reimburses the price of the product, any shipping costs invoiced and bears the return costs.
ii. Exercise of the right of return and withdrawal: SOGECAM reimburses the price of the product and the shipping costs invoiced. The return costs remain the responsibility of the Customer.
Reimbursement will be made within a maximum period of 14 days from receipt of the return, at SOGECAM's convenience either by transfer to a bank account or by credit to the bank account of the card used
X. WARRANTIES & AFTER-SALES SERVICE:
The warranty period is indicated on the Customer's invoice. It is 24 months for private use, 12 months for professional use. The batteries are guaranteed for 6 months. No warranty on wearing parts and accessories. In the absence of details, the legal guarantee applies.
In the event of a defective product during the legal warranty period, and under normal conditions of use and maintenance, the Customer must contact SOGECAM by telephone +32 081/30.35.62 or by e-mail info@jambes-machines. be which will indicate the address of the nearest after-sales service approved by the manufacturer or will send a return slip to its workshops. After expertise, the product will then be either repaired or exchanged. All outward and return postage will then remain the responsibility of SOGECAM, except in the event that it is not a case of warranty. SOGECAM will then draw up an estimate for the repair. The shipping costs then remain the responsibility of the Customer.
The warranty does not cover:
i. Cases covered by liability insurance
ii. Cases relating to faulty use or maintenance
iii. Cases of normal wear and tear or external material incidents
iv. Cases relating to the consequences of the intervention of a repairer not approved by the manufacturer.
v. Products shipped outside the area of application of these general conditions of sale.
When the product is no longer under warranty, SOGECAM may indicate the after-sales service approved by the manufacturer closest to the Customer's domicile. The Customer may also return the product to SOGECAM, which will draw up an estimate. The repair will be carried out in its workshops, after receipt of the estimate bearing the handwritten mention "good for agreement", the date and the signature of the Customer, accompanied by a transfer or a cash payment. The outward and return transport costs are the responsibility of the Customer.
XI. EQUIPMENT RENTAL
Unless otherwise stipulated in the contract, the rental does not include the maintenance of the rented equipment.
If SOGECAM terminates the contract due to non-compliance with the contract by the Client, SOGECAM retains the right to demand the full remaining updated rental price, for the remaining contractual term. The update of the rental price is based on the prime rate for the initial term of the contract, increased by 3%.
The Customer undertakes to use the equipment only at the place provided for in the contract.
The Customer undertakes to use the rented equipment as a good father and will ensure in particular:
1° to use the equipment in a normal manner and in accordance with the instructions for use of the manufacturer and SOGECAM and to always keep it in good working order.
2° not to use supplies other than those delivered or approved by the manufacturer or SOGECAM.
3° to entrust exclusively to SOGECAM all transport and travel, even internal to the Client, and this, subject to payment of the rates in force.
4° to entrust exclusively to SOGECAM or third parties approved by it the maintenance and repairs of the rented equipment.
5° to allow SOGECAM access to the rented equipment, during normal office hours, to carry out the checks that the latter deems essential.
6° to immediately inform SOGECAM of any damage, breakdown, destruction or theft of equipment, as well as of any accident or incident which could affect its good working order.
7° to the technical and other facilities allowing the smooth running of the installation of the rented equipment. He will also make sure to provide the appropriate connections to ensure the optimal functioning of the equipment rented and will take into account all applicable safety requirements and directives.
8° to bear the costs resulting from any non-compliant or inappropriate use of the equipment hired, any use of parts or supplies not delivered by SOGECAM, as well as any use of non-compliant equipment and transport not carried out by SOGECAM.
9° to keep the maintenance log with the equipment at all times. The Customer is solely responsible in the event of misplacement of the booklet and all the harmful consequences which result therefrom.
XII. MAINTENANCE, TROUBLESHOOTING, SHARPENING, INSTALLATION:
SOGECAM has a maintenance, repair, sharpening and installation service for the machines that are marketed. The intervention of a qualified technician takes place during SOGECAM's working hours. Unless otherwise provided and specifically mentioned in the contract or in the event of a warranty, the maintenance, repair, sharpening and installation service is always chargeable.
The fact that SOGECAM maintains or repairs the machine does not engage its liability in the context of any interruptions and their consequences, nor for any other damage, material or bodily, including, among others, the loss of enjoyment and loss of earnings, caused to persons, including the Customer, its employees, the user or any third party as well as to the objects belonging to them. The Client shall indemnify SOGECAM against any action, by third parties or not, even in the event of gross negligence, except in the event of fraud, on the part of SOGECAM.
Any compensation for loss of use or loss of profit is excluded, regardless of the nature or duration of the maintenance or repair work.
XIII. TRAINING, DIY WORKSHOPS: registration, practical terms of execution and cancellation
Registration requests are made by telephone or e-mail and via the website www.jambes-machines.be before the start date of the training for which the Customer wishes to register.
All registration requests must be confirmed in writing by means of an order form from SOGECAM.
The period of validity of any tailor-made training proposal is valid for a period of 30 calendar days. Beyond this date, the commercial proposal is considered null and void.
For training taking place at the Customer's, the trainer adapts to the schedules of the latter, included in the order form.
The training takes place in the premises of SOGECAM, the Client or in other nearby rooms.
SOGECAM defines in each of its training programs the level required to follow the training offered. It is the Customer's responsibility to assess his training needs and to check whether his level or that of his staff required to follow one of these training courses corresponds to the level required for it.
SOGECAM cannot under any circumstances be held responsible for the inadequacy of the training it offers to the needs of the Client and/or the level of competence of the staff of the latter.
The information provided by the Client when registering for one of the training courses is kept in SOGECAM's files and may be used by the latter within the limits set by the legislation relating to the protection of personal data.
SOGECAM reserves the right to cancel a training course if the minimum number of participants is not reached, without the Client being able to claim any compensation.
Any cancellation or postponement of training by the Customer must be reported in writing within fifteen working days before the training. Failing this, a progressive cancellation indemnity, calculated on the total amount of the training, will be claimed:
has. Cancellation between 15 and 10 days before the training, 20% compensation
b. Cancellation between 09 and 5 days before the training, 50% compensation
vs. Cancellation within 4 days before the training, 100% compensation.
The price of any training started is due in full, regardless of the reason for interruption.
Any course materials are invoiced separately, as well as the trainer's travel expenses.
In the event that the trainer brings his own computer or overhead projection equipment, mobile board, etc., this will also be invoiced.
In addition, a supplement of 20% will be requested for courses given in the evening (8 p.m. to 11 p.m.) or on Saturdays and 50% for courses given on Sundays or public holidays.
XIV. LIMIT OF LIABILITY:
SOGECAM undertakes to take all the care necessary to carry out the missions entrusted to it by the Client. SOGECAM undertakes in particular to work only with qualified and declared personnel. SOGECAM carries out its activities according to the rules of the trade and respecting professional secrecy.
SOGECAM is only bound by an obligation of means, its liability can only be incurred for a lack of negligence, foresight, precaution or incompetence duly established (essential and decisive fault).
Automatically and without formality, SOGECAM's liability will be released in the event of an event preventing the normal continuation of its services, causing a delay, or more generally, by a case of force majeure. “Cases of force majeure” means any unforeseeable or irresistible or external event, these three criteria being alternative.
SOGECAM will not be held liable for any compensation for immaterial damage such as loss of production, operating loss, loss of data, financial or commercial prejudice or others which would be the direct or indirect consequence of the damage caused following the failure of SOGECAM's services. .
Business partners are selected with the utmost care. If, despite everything, the Client were to be disappointed by their service(s), SOGECAM refuses the payment of any penalty or indemnity in this regard.
XV. PROTECTION OF PRIVATE DATA:
All personal data collected as part of the services covered by these general conditions is processed in accordance with the law of JULY 30, 2018 relating to the protection of individuals with regard to the processing of personal data. , European legislation and in particular the General Data Protection Regulation (Regulation 2016/679, the “GDPR”).
The purpose of data processing is the execution of the agreement concluded with the Client, the administration of the clientele, the promotion of products and services, the establishment of personalized information and direct marketing campaigns, including through e-mail.
The Customer has the option of refusing SOGECAM's offers by notifying it by email to the address info@jambes-machines.be
The Customer has the possibility:
- to object, on simple request and free of charge, to the processing of their personal data for direct marketing purposes;
- to access, free of charge, the data concerning him kept by SOGECAM and to obtain rectification of any data which may be incomplete, inaccurate or irrelevant.
- to object, for serious and legitimate reasons, to the processing of the stored data.
- to demand the deletion of the personal data transmitted.
Any request concerning the above must be sent in writing to the registered office of SOGECAM, Rue Marche en Pré, 21 at 5300 Andenne, or by email to the following email address: info@jambes-machines.be
SOGECAM may disclose personal information to third parties at the request of any authority legally authorized to do so. SOGECAM may also disclose it if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
XIV. INTELLECTUAL PROPERTY :
SOGECAM's creations (trademarks, logos, software, visuals, computer or other media, etc.) are protected by copyright law and remain its full and entire property, unless expressly provided otherwise.
SOGECAM's creations may only be used by the Client within the framework of the agreements he has concluded with it and only on Belgian territory, unless expressly authorized otherwise.
XVII. DISPUTES:
Disputes relating to the goods delivered must be submitted in accordance with the procedures provided for in article IV. Delivery last paragraph.
Disputes relating to the provision of services ordered must be submitted within eight working days of performance, by registered letter addressed to the head office of SOGECAM, under penalty of inadmissibility.
Disputes relating to invoices must be made in writing within eight working days of receipt of the invoice (date of the postmark as proof), at SOGECAM's registered office, under penalty of inadmissibility.
XVIII. CONFIDENTIALITY :
The Client undertakes to keep strictly confidential all information to which he may have had access relating to SOGECAM, its services, its products, its prices, its contracts for the duration of the contractual relationship and ten years after their end. , whatever the cause. He vouches for the respect of this confidentiality by his past, present or future employees and agents.
XIX. DISPUTES, MEDIATION, APPLICABLE LAW AND JURISDICTION
SOGECAM undertakes to respond to any complaint within a maximum period of 10 days from the day of receipt and to seek amicable solutions.
The parties agree that any disagreement or dispute relating to these general conditions of sale or arising from their interpretation or application will be submitted to mediation.
To this end, the parties undertake to participate in at least one mediation meeting by delegating a person with decision-making power.
The mediator will be chosen by the parties in the judicial district of their choice.
The sales, service, rental or transport contract and these general conditions are governed by Belgian law, without prejudice, for the Customer acting for non-professional purposes, to the protection afforded to him by the mandatory provisions of the right which would be applicable in the absence of this clause, in accordance with Article 6(2) of Regulation No 593/2008.
Any dispute relating to the formation, execution, interpretation of these general conditions of sale which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of the judicial district of Namur, unless the Customer acts for non-professional purposes, in which case, the dispute is submitted, at the plaintiff's choice, to the jurisdiction of the courts designated by article 624, 1 ͤ, 2nd or 4 ͤ of the Judicial Code.