Méca-Fluid: General terms and conditions of sale

1. Companies

1. General provisions

These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in connection with sales and services provided by our services.

By signing the agreement or quotation or by accepting the order confirmation, the customer expressly acknowledges that they have read and accepted these general terms and conditions.

Our general terms and conditions of sale are available on our website www.mecafluid.be and can also be sent to the customer upon request.

Provisions that are not expressly waived remain applicable. Only waivers that have been agreed to in writing by us may modify the application of these general terms and conditions.

In the event of any conflict between our customer's terms and conditions and our own, the latter shall prevail.

2. Validity of offers

Unless otherwise specified in writing, our offers are valid for one month from the date of issue.

All our offers and orders are subject to a written request from the customer. Méca-Fluid s.r.l. is only responsible for the equipment offered and/or service provided in accordance with the customer's written technical specifications (by post, fax or e-mail). In the event of a verbal request (by telephone) from the buyer, the seller cannot be held responsible for the accuracy of the equipment/service offered. The buyer is required to check the accuracy of the order confirmation received from the seller and to report any discrepancies in writing within 48 hours.

Any cancellation of an order must be approved by both parties in writing, and the buyer will be obliged to pay an amount equal to 20% of the order price, with a minimum of £125 excluding VAT.

3. Delivery

Packages and their contents must always be checked when the delivery note is signed for receipt by the buyer. If a delivery appears abnormal due to the defective condition (external and/or internal) of the package and this leads to a complaint from the customer, a photo and a description must be sent in writing to Méca-Fluid s.r.l. within two working days. If necessary, the parcel must be refused by the carrier and Méca-Fluid s.r.l. must be notified within 2 working days of the refusal. Any damage to the goods during transport is the responsibility of the carrier (from the moment they leave our shipping area).

In the event of goods being returned to the seller due to an error on the part of the buyer, the equipment (excluding tubes and/or pipes), which is kept in stock by Méca-Fluid s.r.l., may, however, be taken back at 30% of the net sale price of the product after approval by the seller (shipping costs to be paid by the buyer) if and only if the equipment is returned in its original packaging and condition (identical to that of the sale). If the equipment is not kept in stock by Méca-Fluid s.r.l., it will not be taken back under any circumstances.

For shipments to the BeNeLux countries, any order for less than €500 excluding VAT will be subject to a €20 excluding VAT surcharge for shipping and packaging. For any order over £500 excluding VAT, requiring only standard shipping, there will be no additional shipping and handling charges. For any order over £500 excluding VAT requiring more than one standard shipment, there will be a £20 shipping and handling charge for any delivery note relating to this order that includes items with a value of less than £500 excluding VAT. Shipments requiring special transport will be charged to the customer (Ex Works) unless otherwise specified by us.

For shipments to France, any order with a value of less than €500 excluding VAT will be subject to an additional €30 excluding VAT for postage and packaging. For any order over £500 excluding VAT, requiring only standard shipping, there will be no additional shipping and packaging costs. For any order over £500 excluding VAT requiring more than one standard shipment, there will be a £30 excluding VAT shipping and handling charge for any delivery note relating to this order that groups together items with a value of less than £500 excluding VAT. Shipments requiring special transport will be invoiced to the customer (Ex Works) unless otherwise specified by us.

You will find a summary of our delivery charges on this page.

4. Delivery times

Our delivery times are estimated in good faith based on supply forecasts from our workshops, suppliers and subcontractors. We accept no responsibility for any delays in delivery and any right to compensation is excluded.

In the event of a delay in delivery due to an act or omission on the part of the Purchaser, or if, after receiving notification that the goods are available for collection, the Purchaser fails to take delivery or provide adequate delivery instructions, the Seller shall be entitled to place the goods in a suitable warehouse at the Purchaser's expense. Once the goods have been placed in storage, delivery shall be deemed to have been made, the risk in the goods shall pass to the Buyer and the Buyer shall pay the Seller accordingly.

If a deadline is imperative, it must be clearly specified as such on the quotation.

Even in this case, the following circumstances release us from our deadlines:

1 - Cases of force majeure (including, in particular, strikes, technical incidents and labour shortages);

2 - If the order to commence our services is given late in relation to the contract or our order confirmation;

3 - If the terms of payment are not met;

4 - If changes are decided by the customer during the course of the work.

5 - If the customer does not provide us with the requested information within the specified time frame.

5. Prices

Prices are quoted in euros (specify whether VAT is included or not).

In principle, our prices are not subject to revision, but we may pass on any changes in the VAT rate that occur before the delivery date.

They are established on the basis of normal work, without interruption, with all elements that the client must provide or prepare being in order at the required time.

Any additional difficulties giving rise to extra work on our part, caused by any circumstances beyond our control, as well as any changes requested by the customer, shall automatically give rise to additional invoicing based on our rates in force at that time.

We draw our client's attention to the fact that in the event of a change to the service project, the work carried out and the expenses incurred in connection with the initial project will be invoiced to the client.

6. Payment

Invoices are payable to our registered office no later than the specific due date stated on the invoice.

Payments made after this deadline shall automatically and without formal notice bear interest at a rate of 12% per annum, as well as a fixed and irreducible compensation of 15% of the invoiced amount, with a minimum of €75 in damages. In addition to this interest, the amount of our invoices may also be increased by €12.50 per letter sent and by €25 for each visit by a conciliator.

To be admissible, any dispute must be notified by registered letter sent within 8 working days of receipt of the disputed invoice.

In the event of non-payment of an invoice by its due date, all invoices for which payment has not been received by their due date shall lose the benefit of the term granted and shall be immediately payable without formal notice.

7. Retention of title

The seller retains ownership of the goods sold until full payment of the price and any additional costs (including any fees, interest and penalties). Consequently, the buyer expressly agrees not to sell, transfer, pledge or generally dispose of the goods covered by the contract before settling their account.

The seller may invoke this retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the buyer and which has remained without effect. The goods must then be returned to the seller immediately and on simple request.

The buyer shall nevertheless remain solely liable for the loss of the goods sold, even in the event of unforeseeable circumstances or force majeure.

8. Termination-rescission due to the fault of the other party

The foregoing provisions do not contain any waiver of our right to claim, at our discretion, in the event of non-payment or non-compliance by our co-contractor with its contractual obligations, the termination or cancellation of the agreement with damages.

9. Disputes

In the event of a dispute between the parties or legal proceedings for payment, the courts of our registered office shall have sole jurisdiction.

10. Changes to the agreement

Any changes to specific agreements or these general terms and conditions must be made in writing and signed by all parties.

11. Severability clause

The invalidity or illegality of any clause agreed between the parties, whether in the specific or general terms and conditions, shall not affect the validity of the other clauses, which shall remain fully valid.

2. Consumers

1. Preamble

These terms and conditions of sale apply to all contracts concluded between, on the one hand, Meca-Fluid s.r.l., whose registered office is located at 18 rue Frumhy, 4671 BARCHON, registered with the Crossroads Bank for Enterprises under number 0568.484.633, hereinafter referred to as "the seller " and, on the other hand, any consumer wishing to make a purchase via the "Méca-Fluid" website (www.mecafluid.be), hereinafter referred to as "the buyer".

A consumer is defined as any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity (Art. I.1, 2° of the Economic Law Code).

2. Purpose

These terms and conditions of sale are intended to define the contractual relationship between the seller and the buyer, as well as the conditions applicable to any purchase made through the "Méca-Fluid" website.

The purchase of a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale. These shall prevail over any other special conditions not expressly agreed to by the seller.

The seller reserves the right to modify these terms and conditions of sale at any time. In this case, the applicable terms and conditions will be those in force on the date of the buyer's order.

3. Characteristics of the goods offered

The products offered are those listed in the catalogue published on the seller's website. Each product is accompanied by a description provided by the seller. The photographs in the catalogue are provided for information purposes only and are not contractually binding.

4. Price

The total amount of the buyer's order as displayed on the seller's website before final confirmation is indicated in euros, including all taxes (VAT and other applicable taxes and duties) and other costs, including transport.

The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in force at the time of confirmation of the order. The seller also reserves the right to pass on to its prices any changes in the VAT rate that may occur before or on the date of delivery.

5. Orders

The buyer who wishes to purchase a product or service must:

- be over 18 years of age;

- fill in the identification form or provide their customer number if they have one;

- complete the online order form, providing all the references for the selected products;

- confirm their order after checking it;

- acknowledge that they have read and accepted these terms and conditions;

- make payment in accordance with the terms and conditions;

- confirm their order and payment.

The sale is deemed to be complete upon confirmation of acceptance of the buyer's order by the seller. The confirmation is sent by email to the address provided by the buyer when placing the online order. In all cases, the confirmation of acceptance of the buyer's order by the seller will contain the total price of the order and details of its components (unit price excluding VAT, discounts, rebates, reductions, VAT taxable amount, VAT rate applied to each taxable amount, miscellaneous costs, etc.); a detailed description of the order placed by the buyer; the date of conclusion of the contract; the company name, full address of the registered office and VAT number of the seller; the name and full address of the buyer's legal domicile; the approximate date or delivery time.

Any changes made by the customer to the order form shall only be valid if we have accepted and confirmed them in writing.

In the event of unilateral cancellation of an order by the other party before the order has been prepared, we reserve the right to claim compensation equal to 20% of the total amount of the order, in addition to the costs incurred and work already carried out.

No goods will be dispatched without confirmation of the order by the seller and payment of the total price of the order.

6. Right of withdrawal

In accordance with the law, the consumer has the right to notify the seller that they are cancelling their purchase, without penalty and without giving any reason, within 14 calendar days from the day after the product was delivered (Art. VI.47, § 1 of the Economic Law Code).

Within this period, the consumer must notify their intention to withdraw using the model withdrawal form available online on the seller's website (Download the form here) or by sending an email to the seller's contact address (info@mecafluid.be) an unambiguous statement setting out their decision to withdraw from the contract, and return, within 14 calendar days of notifying the seller of their decision to withdraw, at their own expense and risk, the product delivered to the seller's administrative headquarters (18 rue Frumhy, 4671 BARCHON).

Products must be returned in their original packaging, undamaged, accompanied by all their accessories and the original delivery note. Products returned in this way must not have been unpacked, unsealed or used in any way. Goods that are incomplete, damaged or soiled by the customer will not be taken back.

Within 14 days of accepting the return of the goods, the seller undertakes to reimburse the buyer, with the exception of shipping costs.

Pursuant to Article VI.53, paragraph 1, 3° to 5°, of the Belgian Economic Law Code, the consumer may not exercise their right of withdrawal for contracts for the supply of products made to the consumer's specifications or clearly personalised; goods that are likely to deteriorate or expire rapidly; sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.

7. Payment and payment terms

Payment shall be made by bank transfer only. Invoices are payable to our registered office, to the account

BE90 2400 2363 2032 GEBABEBB opened in the name of Marc Leclercq with BNP Paribas Fortis, no later than fifteen clear days after they are sent.

Any dispute relating to an invoice must be sent to us in writing within fifteen clear days of its dispatch.

Consumers as defined by the Economic Law Code may claim compensation and interest to the extent and under the conditions set out in this clause in the event of non-fulfilment of our payment obligations.

8. Deliveries

Delivery, which is our responsibility, shall be made by the means of our choice, unless otherwise agreed in writing. Deliveries shall be made to the address indicated on the order form.

In the event of absence at the time of delivery to the address provided by the purchaser, the latter may contact the seller within 48 hours to agree on another delivery date. The purchaser shall also be liable for a fixed and irreducible compensation of €13, which may not be less than the actual cost of delivery.

Failing this, or if the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or, after giving prior notice, to consider the contract terminated by operation of law at the buyer's fault. In the latter case, the seller shall retain an amount equivalent to 30% of the sale price as compensation.

The goods are transported at the seller's risk until delivery to the delivery address specified by the buyer. From that moment on, the buyer assumes sole responsibility for the risks.

In the event that the goods delivered are damaged, the buyer is obliged to refuse the goods or to accept them only by issuing a written reservation on the carrier's delivery note, to be completed jointly by the customer and the carrier. Any complaint relating to the goods delivered must be received by the seller within 5 clear days of the date of receipt. The complaint must be sent exclusively by registered letter to the head office: 18 rue Frumhy, 4671 BARCHON, and must be accompanied by a copy of the purchase document and the delivery note completed with the written reservation as mentioned above. After this period, no further complaints for apparent defects will be taken into consideration.

The delivery times communicated by the seller are binding.

In all cases, the following circumstances release the seller from its obligations in terms of delivery times:

1 - Cases of force majeure (including, in particular, strikes, technical incidents, delays on the part of the supplier, stock shortages known to the consumer at the time of placing the order, labour shortages beyond the seller's control);

2 - If the payment terms are not met;

3 - If changes are decided by the customer after the order has been placed;

4 - If the customer does not provide us with the requested information within the specified time limit.

Deliveries are made by ordinary post or by us. If the seller and the buyer have agreed on this point in advance, the goods may also be collected from our workshop on a mutually agreed date and time.

9. Warranty

With regard to consumers, the seller guarantees the products it sells in accordance with the law of 1 September 2004 on consumer protection in the sale of consumer goods (Articles 1649 bis to 1649 octies of the Civil Code).

Consumers who find that a product sold is not in conformity within two years of delivery of the goods must notify the seller within two months of discovery by registered letter sent to the seller's registered office (18 rue Frumhy, 4671 BARCHON). This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, dropping or impact, negligence and wear and tear, are not covered by the warranty.

The provisions of Articles 1641 et seq. of the Civil Code relating to hidden defects are fully applicable. The products sold are guaranteed against hidden defects for a period of one year from their delivery or handover. The warranty can only be invoked if the following conditions are met: (1) the defect renders the product significantly unfit for its intended use or for a specific use expressly mentioned in the special conditions of sale, and (2) the product is or has been used under normal conditions. In order to invoke the benefit of the warranty, the purchaser must notify the seller of their claim relating to hidden defects by registered letter sent to the seller's registered office (18, rue Frumhy 4671 BARCHON) within a maximum period of one month after they have discovered or should normally have discovered the defects.

The delivery note serves as the warranty certificate and must be kept by the consumer and produced in the original.

10. Responsibilities

The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.

The information provided on the website is given in good faith. Links to manufacturers' and/or partners' websites are provided for information purposes only and are not contractually binding. The seller cannot be held liable for information provided on these websites.

In any event, the seller shall not be liable for the non-performance or poor performance of the contract attributable to the buyer, resulting from an insurmountable and unforeseeable event caused by a third party to the contract or in the event of force majeure.

The buyer is responsible for the choice and use of the product delivered by the seller. They certify that they are at least 18 years of age at the time of ordering. The seller declines all responsibility in the event of inaccuracy of the information provided to them by the buyer.

11. Intellectual property

All elements of the seller's website are and remain the exclusive intellectual property of the seller.

No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the website, whether software, visual or audio.

Any simple or hypertext link is strictly prohibited without the prior express written consent of the seller.

12. Personal data

All personal data necessary for processing an order is stored by the seller or its employees and may be passed on to companies with which the seller – or its suppliers – collaborate, when such communication is necessary for processing the order.

The user also authorises the seller to use this data to compile statistics in order to improve its website, goods and services.

This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers.

Finally, the seller retains personal data to facilitate future orders.

Without prejudice to the foregoing, the seller undertakes not to disclose the personal information it holds to any other company or business.

The data retained by the seller may be requested and corrected at any time upon simple request. Such requests must be sent by email to the following address (info@mecafluid.be) or by post to Mr Samuel Dumont, 18 rue Frumhy, 4671 BARCHON.

13. Proof

The parties agree, within the framework of their relations, to accept electronic means of proof (for example: e-mail, automated computer recording of correspondence, etc.).

14. Dispute resolution

Except in the case of legal proceedings for payment, the parties undertake to attempt to resolve any dispute relating to the validity, interpretation or performance of the contract through mediation or judicial conciliation.

This shall commence no later than 15 clear days after the request for mediation or judicial conciliation has been notified by one party to the other. The duration of the mediation may not exceed 30 clear days, unless expressly agreed by the parties.

With a view to the amicable settlement of any dispute arising from a contract for the online sale of goods or services, consumers who so wish may also contact our services directly (info@mecafluid.be) or use the online dispute resolution platform set up by the European Commission and available at the following web address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng;=EN.

The seller also certifies that it is not affiliated with any out-of-court dispute resolution body.

In the event of legal proceedings for payment or failure of the out-of-court settlement, judicial mediation or judicial conciliation procedure, the courts of the seller's registered office shall have sole jurisdiction, unless otherwise required by law.

These online terms and conditions of sale and the sales contract are subject to Belgian law.

15. Severability clause

If one or more articles of these general terms and conditions of sale should be invalidated for any reason whatsoever, this circumstance shall not render this contract null and void in its entirety, nor prevent the execution of the other provisions.

In the event that the provision in question affects the very nature of these general terms and conditions, each party shall endeavour to negotiate immediately and in good faith a valid provision with an equivalent economic effect or, at the very least, as close as possible to the effect of the invalid provision.

Terms and conditions of sale