Art. I – Payment
1.1 Unless otherwise mentioned, invoices are payable on the company's headquarter's bank account.
1.2 The amount of the invoice must be paid net. The discount charges and bank costs are the buyer's responsibility. A discount for immediate payment can be settled only if it is the object of a preliminary agreement.
1.3 In case of nonpayment the day of the fixed term, an annual interest of 9 % will be asked, by rights and without giving formal notice thereof and this, up to the complete payment.
In case of nonpayment of the invoice, in its entirety, the day of the term, the remaining balance due will automatically be increased by a penalty fee for fixed execution charges of 15 % with a minimum of 120 Euro, and this without any formal notice.
A fixed compensation of 10 % will also be due with a minimum of 125 EUR and a maximum of 2.500 EUR and even, after acceptance of payment deadlines.
1.4 The non-payment the day of the term of one single invoice makes immediately due the balance of all other invoices even those not overdue.
1.5 The nonpayment the day of the term of one single invoice, or a part of an invoice makes by rights, immediately due all the invoices even these are not yet issued, but being a part of the same agreement, even if the other services are not yet provided and it breaches the agreement due to the customer's fault.
1.6 The nonpayment the day of the term of one of the invoices emitted with regard to the point 1.4 and 1.5 is, by rights, and without formal notice, also concerned by the point 1.3
1.7 The edition and/or the acceptance of bills of exchange or other negotiable documents does
not imply novation and does not constitute a derogation from the conditions of sale.
All collection and complaint charges about accepted or refused bill of exchange are to be paid by the buyer.
1.8 Without any change in what was stipulated, any dispute of one invoice has to be the object of a complaint within 8 days after the issuance date of the first invoice owed.
Art. II –Right of retention
2.1 It is expressly agreed between the parties that all the equipments without any distinctions belonging to the principal and/or those put back by the latter for the needs of the service and which would be or not in warehouses or workplaces of the seller, can be held by the unpaid seller in caution money of the payment and this, without any formal prior notice.
2.2 The properties which were given for transformation, for use by the principal or for storage, are considered to be part of the same inseparable agreement even if this agreement was executed in successive phases.
Art. III - Debts settlement
3.1 Courts and Courts of justice for the legal district of Brussels are the only ones competent for any dispute.
3.2 The parties expressly agree that in case of any dispute concerning the present agreement, only the Belgian law is applicable.
3.3 All the collection charges by rights, including fees, are chargeable to the customer.
Art. IV - Manual and explanatory
4.1 The manual or any explanatory supplied for the sold product is the one supplied by the manufacturer, in its original language (usually in English).
When documents exists in French, we supply them in their existing format (paper / PDF , ...). Without any responsibility for the content.
Art. V - Right of withdrawal only for private individuals (B to C)
We would like to draw your attention to the fact that the country of destination of the radio transmission equipment partly determines its internal characteristics (frequencies, powers, modes, etc.) so that its possession and/or use can remain in compliance with the laws of the country in question.
Thus, the right of withdrawal does not apply to clearly personalised orders for products such as, and without limitation: transmitting-receiving equipment that has been adapted to reach specific frequencies or to open specific bands (e.g. "full-tx modification", "export version", etc.), equipment in which internal options have been soldered and/or electronic modifications have been made (e.g.: filters, Bluetooth circuits, GPS circuits, customised connectors or cables, etc.) The withdrawal procedure can be triggered using the form accessible via this link.
Items returned incomplete, damaged, scratched, soiled or having been used will not be accepted. XBS Telecom reserves the right to establish the use of a product by any electronic or software means. (e.g.: traces of a first heating, configuration not ex-factory, internal history, etc.). Orders invoiced to companies are not covered by the right of withdrawal.
In the event that the returned items cannot be taken back for one or more of the above reasons, you may be offered either a trade-in with a discount or a return at your expense to your address.
https://ec.europa.eu/consumers/odr / https://ec.europa.eu/consumers/odr/resources/public2/documents/leaflet_for_traders/traderleaflet_web_fr.pdf
Art. VI - Deliveries and complaints
Deliveries are made at the request of the customer via carrier.
Different options can be offered by the site depending on the order (dimensions, weight, packages) and the destination.
Other means of transportation can be arranged upon special request.
Any anomaly concerning the delivery (damage, lacking product compared to the delivery slip, damaged parcel, broken product) must be necessarily be indicated on the voucher of the carrier at the reception of the parcel in the form of "handwritten reserves", accompanied with the signature of the customer.
You also have to confirm this anomaly by sending to the carrier within two ( 2 ) working days from the delivery date by sending a registered letter, with acknowledgement of receipt, explaining said complaints to the carrier.
The customer will have to transmit a copy of this mail by email, by fax or by postal mail to our address in Belgium for our information.
Art. VII - V.A.T & Place of billing
For privates, our prices are inclusive of all charges, only possible transport costs are extra.
For our invoices from France, we apply the VAT exemption received according to Article 293 B of the CGI,
We only invoice the holder of the operator / license certificate (B to C), exceptionally we can invoice on request a company with an active Intra-community VAT number and which would have been provided it to us when creating the account (B to B)
In this case, the delivery and billing address will only be the address mentioned by "VIE TVA".
For Belgium, according to the law in force, a company will only be able to buy and receive an invoice if when ordering it has provided us with its authorization number for "general detention" from IBPT / BIPT (+ copy by e-mail at email@example.com)
Your invoice will reach you +/- 30 days after shipment, via our external invoicing for administrative and regulatory reasons
You will receive an invoice in PDF format by email.
The invoice never accompanies the packaging to avoid an easy sale in the event of loss ...
Caution: The above translation in English of the general terms of sales are provided for your convenience, but only the general terms of sales in French are legally relevant.
DEUTSCH : Die oben genannte Übersetzung der allgemeinen Verkaufsbedingungen wird Ihnen zu Ihrer Bequemlichkeit zur Verfügung gestellt, aber nur die allgemeinen Verkaufsbedingungen in Französisch sind rechtlich relevant. Der Kunde bestätigt, dass er versteht und akzeptiert diese Bedingungen und Konditionen des Verkaufs auf französisch.
ITALIANO : La suddetta traduzione in inglese delle condizioni generali di vendita è prevista per la vostra convenienza, ma solo le condizioni generali di vendita in francese sono legalmente rilevanti. Il cliente conferma che capisce e accetta i termini e le condizioni di vendita in lingua francese.