Art.1: Applicability
These terms and conditions apply to all our offers and all agreements concluded with us. By concluding an agreement, the buyer agrees that he or she is familiar with these conditions and that he or she accepts them. When conditions or clauses of the buyer appear in an enquiry, order or order confirmation and such clauses are contrary to the conditions of PC Europe, such clauses shall not be accepted, unless accepted in writing by PC Europe. The buyer may not appeal to common law in this respect.
Art. 2: Establishment of the agreement
The offers of PC Europe are entirely without obligation. Only the order confirmation of PC Europe shall be binding for PC Europe. Any order placed by the buyer shall irrevocably bind the buyer. If the ordered merchandise cannot be supplied, PC Europe shall report this within a reasonable period of time with a refund of the down payment to the buyer, without any right to compensation from PC Europe arising for the buyer on any account.
Art. 3: Delivery
The delivery period commences at the time of the written order acceptance by PC Europe, except in the event of the buyer having to provide additional information for the purpose of the delivery. The stated delivery periods are only given for information purposes and are approximate. No right of compensation for the buyer or the termination of the agreement may arise as a result.
Art. 4: Complaints and risk
The goods shall be carried at the risk of the buyer right from the start, even for a carriage paid delivery. Even when PC Europe assists in the transport, loading and/or unloading, PC Europe may not be held liable in any manner for damage to the goods, or damage suffered by the carrier or third parties for any reason whatsoever. Any complaints regarding the merchandise must be submitted by registered letter within 8 days of delivery of the merchandise. The period given in article 1648 of the Civil Code is set at 14 days. Any modification of the merchandise shall cause the right of complaint to lapse. A complaint shall not enable the buyer to postpone payment. When PC Europe acknowledges the foundation of the complaint, its obligation shall be limited as specified in art. 9: liability. The return of goods shall only be accepted if PC Europe has given written consent to this end, and only to the charge and at the risk of the buyer.
Art. 5: Payment
All invoices are payable according to the invoice terms by bank transfer to the PC Europe account. Discounts, whatever they may be called, may not be taken into account except in the event of express written agreement to the contrary. Debts may not be offset against payment. A buyer who has still not paid on the due date shall, automatically and without any reminder, owes interest on arrears of 1% per month on the outstanding amount, and this as of that date. Likewise if the buyer has not paid on the due date, he or she shall be bound to pay an all inclusive indemnity, automatically and without a reminder, of 10% of the outstanding amount, and this shall be to compensate for non-legal expenses, such as personnel and administration costs due to late payment. Any delay in payment or the performance of the obligations entered into by the buyer, the refusal or protest of a bill of exchange, shall result in all sums due becoming immediately payable. Likewise ongoing orders shall be suspended without any compensation. The price is always carriage paid for the merchandise to be supplied if no special treatment is required. In the event of a breach of contract, the down payment already paid shall be considered as acquired to cover the costs already incurred. All other costs shall be invoiced separately. Invoices are payable in Belgium. VAT and all other taxes shall always be to the charge of the buyer.
Art. 6: Information
The buyer acknowledges that he or she received all useful information and advice, in the widest sense of the word, from PC Europe before ordering the merchandise. PC Europe shall endeavour to provide the most recent information, but PC Europe may never be held liable if the information provided turns out to be obsolete as a result of the continuous development in the world of information technology.
Art. 7: Liability
PC Europe may not be held liable for the wrong choice of merchandise by the buyer or for the direct and/or indirect damage arising from it. PC Europe may not be held liable for imperfections, manufacturing defects, design faults and such like in the merchandise, nor for the direct and/or indirect damage arising from it. PC Europe may not be held liable for the provision of merchandise that does not conform to the latest state of the art, as information technology is continually subject to development, nor for the direct and/or indirect damage arising from it. If the complaint of the buyer is grounded, PC Europe shall be entitled to repair or replace the merchandise, or to take back the merchandise, against a refund of the price paid by the buyer, depending on the choice of PC Europe. Any liability of PC Europe shall lapse if it turns out that the buyer has used requisites that do not meet the standards set by the supplier of the merchandise, or it turns out that he or she is not exercising the normal care in handling the merchandise that is required for handling delicate equipment. More specifically, whenever the equipment is relocated, the read head of the hard disk must be parked. PC Europe may never be held liable for any compensation or refund beyond that stated above. More specifically, PC Europe may not be held liable for any direct and/or indirect damage arising from any loss of data, nor for economic damage as a result of the unavailability of data or due to the defective operation of the merchandise. Finally, the liability of PC Europe is also expressly ruled out for damage resulting from external factors such as quality of the power supply, and any accidental causes such as fire, water, building collapse, etc. PC Europe may not be held liable if it is unable to fulfil its obligations due to reasons beyond its control. In the event of disputes regarding the nature and cause of the damage, the parties shall appoint an independent expert in mutual consultation who shall then determine whether the causes of the damage arise from elements that fall outside the normal careful use of the merchandise. PC Europe may not be held liable for hidden defects, nor for direct and/or indirect damage arising from such defects, unless PC Europe knew of such defects. In particular the foregoing applies to elements introduced by third parties without being noticed, so-called viruses that impede or hinder the use of the computer or components of it (including the software) at a given point in time. PC Europe may not be held liable for direct or indirect damage in the performance of its assigned services (maintenance and repair work). The warranty conditions for the products are legally set by the manufacturers and shall be applied as such to determine which components of the service come within the warranty conditions.
Art. 8: Installation
If PC Europe has to perform installation work upon delivery of the merchandise, PC Europe may only be held liable for the good performance of the installation work as such: the buyer himself/herself must ensure that the environment in which the installation is to be carried out, and the equipment it is to be connected to, is compliant in order to enable proper connection.
Art. 9: Disputes
Any disputes arising with regard to this agreement shall come under the exclusive jurisdiction of the Courts of Brussels and shall be governed by Belgian law. Notwithstanding that which precedes, PC Europe reserves the right to take any disputes with the buyer to the Courts of the place of residence of the buyer.
Art. 10: Miscellaneous
For any cases not mentioned in the above terms and conditions Belgian law is applicable.