1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale shall apply exclusively to all deliveries of goods to the customer by MC | FACT and to all contracts concluded by MC | FACT with the customer. These General Terms and Conditions of Sale shall prevail over the general terms and conditions (of purchase) of the customer and/or any other third party, even if MC | FACT has not expressly objected to them.
1.2 Deviations from these General Terms and Conditions of Sale may only be made by express written agreement between MC | FACT and the customer.
1.3 In the event that any of the provisions of these General Terms and Conditions of Sale are declared void in whole or in part, all remaining provisions shall remain in full force and effect.
2.1 MC | FACT's price list and any other information provided by MC | FACT prior to a contract or order shall not be binding. MC | FACT may change them at any time up to the time of acceptance of the order by means of a written order confirmation.
2.2 All prices are inclusive of VAT and any other taxes unless otherwise stated.
2.3 Any change in the basis of the selling price or any decision by the government or any official body which restricts or regulates the purchase, import, transport or sale of materials or products or significantly alters the cost price thereof, shall entitle MC | FACT to revise its commitments.
3. LIVRAISON, TRANSFERT DU RISQUE & ENLEVEMENT
3.1 Delivery times as stated on the order confirmation are indicative and cannot be considered as a commitment on the part of MC | FACT.
3.2 Exceeding the stated delivery times does not entitle the customer to claim damages or to unilateral withdrawal from the contract. MC | FACT shall not be liable for late deliveries due to force majeure, as referred to in Article 4.
3.3 The risk shall pass to the customer upon delivery.
3.4 At the customer's written request and following written confirmation by MC | FACT, the goods shall be shipped by MC | FACT to the destination indicated by the customer, at the customer's expense and risk.
3.5 The customer undertakes to collect the goods ordered on the agreed delivery date as stated in MC | FACT's order confirmation, unless delivery is delayed in accordance with article 3.2. The customer shall be liable to pay a flat-rate compensation of 1% of the invoice amount for each week of delay in collecting the goods. If the goods have not been collected in full one month after the agreed delivery date, MC | FACT reserves the right to unilaterally terminate the contract and the customer shall be liable to pay a flat-rate compensation of 30% of the invoice amount for the goods not collected, subject to an increase in the event of greater damage.
4. FORCE MAJEURE
4.1 MC | FACT shall be deemed to have suffered from force majeure if MC | FACT is prevented from fulfilling its obligations under this Agreement as a result of war, danger of war, civil war, riot, fire, water damage, flooding, strike, company occupation, machine breakdown, total or partial stagnation of means of transport, sickness or strike of MC | FACT's staff, telecommunication problems, disturbances in the company or faults on the part of MC | FACT's suppliers, or acts of third parties.
4.2 If necessary, MC | FACT reserves the right to suspend its obligations for as long as the force majeure situation persists and/or - if the force majeure situation lasts for more than 3 months - to terminate the contract automatically and without compensation.
5.1 Any complaint concerning the delivered goods, of any nature whatsoever, in particular with regard to - but not limited to - non-conformity, missing parts, visible defects or damage, must be communicated to the customer in writing within 48 hours of delivery.
5.2 After the above-mentioned deadlines, the customer's rights expire.
6.1 MC | FACT is under no obligation other than to deliver in accordance with the purchase order.
6.2 MC | FACT's obligation to remedy the defect is limited to the repair and, if necessary, the replacement of the delivered goods or the defective parts concerned, at MC | FACT's discretion, without the customer being entitled to claim damages.
6.3 In no event shall MC | FACT be liable for consequential damages, including, but not limited to, loss of profits and third party damages.
6.4 MC | FACT's liability is in any event limited to the invoice amount of the delivered goods concerned.
7. INTELLECTUAL PROPERTY
7.1 MC | FACT shall retain its intellectual property rights in the goods it has supplied at all times.
8. RETENTION OF TITLE
8.1 The goods delivered remain the property of MC | FACT until the customer has paid in full. Until such time, the customer shall not be entitled to sell the goods or to encumber them with third-party rights. Notwithstanding this retention of title, it is expressly agreed that the customer bears the risk of loss, destruction or deterioration of the goods from the time of delivery.
8.2 In the event of non-payment by the customer, MC | FACT reserves the right to take back the goods without judicial intervention.
9. TERMS OF PAYMENT
9.1 All invoices are payable in cash, net and without discount, unless otherwise confirmed by MC | FACT. In the event that invoices are not paid in cash, the credit limit entered in the account shall be due.
9.2 The customer shall owe MC | FACT the amount invoiced, plus any taxes and/or charges. Payment, in whatever form, shall be made by the customer in such a way that MC | FACT does not incur any costs in connection with the receipt of payment.
9.3 In the event of non-payment on the due date, interest of 4.25% per annum, plus the interest rate of the National Bank, shall be due by operation of law and without notice of default, from the due date of the invoice until the day of full payment, without prejudice to any other rights that MC | FACT may have.
9.4 In the event of non-payment on the due date, a fixed compensation of 15% of the invoice amount, with a minimum of EUR 50, shall also be due. This clause shall also apply if a bill of exchange is accepted for the principal amount of the invoice.
9.5 Failure to pay one or more invoices in a timely manner shall automatically render the balance of all other invoices, even if not yet due, immediately payable. Furthermore, MC | FACT reserves the right to postpone the fulfilment of its obligations and not to make any further deliveries until full payment has been made.
9.6 In the event of non-payment by the due date, MC | FACT reserves the right to withdraw any discounts or benefits granted to the customer and to invoice the balance separately.
10. NON-PERFORMANCE OF THE CLIENT'S OBLIGATIONS
10.1 In the event of non-fulfilment of the customer's obligations - including non-payment and cancellation of a current order - MC | FACT is entitled, without prior notice of default, to suspend all further deliveries to the customer and/or to declare the current contracts automatically terminated, without prejudice to the right to claim compliance and/or damages.
10.2 If, as a result of the customer's failure to fulfil its obligations, one or more current contracts are terminated at the customer's expense, the customer shall owe MC | FACT damages of up to 30% of the invoice amount in the case of standard goods and up to the agreed price in the case of personalised and/or customised goods.
10.3 MC | FACT reserves the right to terminate the contract of sale without prior notice of default and without the intervention of the courts, if the customer is declared bankrupt or loses the right to dispose of its assets or parts thereof in any way, without MC | FACT being liable to pay damages and without prejudice to its right to full compensation for any damage suffered.
11. 14-DAY COOLING-OFF PERIOD
11.1 If the product does not meet the customer's expectations, the customer has up to 14 days to inform MC | FACT in writing (e-mail/postal mail) that he/she wishes to return the product without having to give reasons. This 14-day right of withdrawal starts from the date of delivery. The customer must first fill in the return form which will be provided to him on request. MC | FACT asks the customer to return the product(s) within 14 days from the date of delivery. The shipping costs will be charged to the customer but the product(s) will be fully refunded except for the following exceptions:
- Used, soiled, damaged or incomplete item(s)
- Item(s) whose packaging has been partially or completely opened
- The item(s) whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
- The item(s) made to the customer's specifications or personalized.
- The item(s) likely to deteriorate or expire quickly.
- Article(s) which, after delivery and due to their nature, are inseparably mixed with other articles.
11.2 Only items in their original undamaged packaging, accompanied by all accessories, manuals and the invoice or proof of purchase, will be taken back.
12.1 The products are offered as long as they are visible on the site www.mc-fact.eu and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
12.2 In the event of unavailability of product after placing the order of the customer
MC | FACT will inform this last by email or telephone. The order can simply be cancelled and the payment refunded.
13.1 All visitors and members of the site are free to subscribe to the newsletter of the site, an email address is sufficient. The newsletter is sent once a month maximum.
13.2 The Internet user may unsubscribe from the newsletter at any time via the link (unsubscribe) available at the bottom of each newsletter sent. Also, via the contact form of the site on request.
14. JURISDICTION AND APPLICABLE LAW
14.1 All agreements between MC | FACT and the customer and all disputes between the parties shall be governed exclusively by Belgian law.
14.2 Disputes between the parties as well as the interpretation and implementation of contracts between MC | FACT and the customer shall fall under the exclusive jurisdiction of the courts of Brussels.