Article 1 - Purpose
The present conditions are intended to define the terms and conditions applicable in a general way, except for express and written provisions to the contrary, to the whole of the relations between the Customer and microfluo sprl, represented by Mr. Joris Gwenaël whose registered office is in Liège and registered with the Register of Commerce and Companies of Liège under
n°536.455.134 . Unless otherwise stipulated, the Customer shall refrain from assigning or transferring in any manner whatsoever to any third party the rights and/or obligations resulting from the present contract without the prior consent of microfluo. The general terms and conditions, the order form, or any other document of a contractual nature drawn up by microfluo shall prevail over the Customer's general and special terms and conditions or any other documentation issued by the Customer.
Article 2 - Orders
The simple fact of clicking on the button allowing the Customer to confirm his order is considered as an acceptance of the general sales conditions. Every effort has been made to ensure the accuracy of the information presented. However, Microfluo is not able to guarantee the accuracy of the information, including prices, product editorials and product specifications. Microfluo or its suppliers are not responsible for any consequences, incidents or special damages resulting from electronic transmissions or from the accuracy of the information transmitted, even if microfluo was aware of the possibility of such damages. The names and brands of products and manufacturers are used only for identification purposes. In case of error (price, wording, availability, photo or description) microfluo reserves the right to cancel any order. Orders are effective from the date of debit of the buyer's account for credit cards; except in the case where the order was placed after 3:00 pm and therefore the order is effective only from the next day. Once the order is placed and the payment is made, the buyer has one hour to cancel his order. If the cancellation occurs after this time, the seller undertakes to reimburse the buyer within one month. Orders placed directly by the Buyer or transmitted by the Seller's agents are only binding on the Seller when accepted in writing. Upon immediate shipment of products, Seller's order confirmation may be replaced by an invoice. Changes to orders and any ancillary or deviating conditions regarding the subject matter and terms of the sale shall only be valid to the extent that they are contained in the offer or confirmation made by the Seller. All offers of sale are subject to availability of stock. Any clause emanating from the buyer, not accepted in writing by the seller, which would be in opposition with the present general conditions or particularities defined in the price offer will be considered as null. microfluo reserves the right to ask its customers, especially the new customers, any proof allowing it to validate the order. No unilateral cancellation of an order will be accepted without the agreement of microfluo.
Article 3 - Price
The selling price of the product is the one in force at the time of the order registration, excluding the delivery costs which are at the Customer's charge and indicated at the order registration. The selling price of a product can be modified at any time. This modification will be notified to the Customer before any order validation. All prices are net prices in Euros, including all taxes, excluding packaging, transport and freight insurance, ex-warehouse of the seller. Orders are accepted subject to price increases imposed by our own suppliers and circumstances beyond our control that would subsequently make delivery impossible or more expensive.
Article 4 - Payment
Payments shall be made in such a way that the seller can dispose of the sums on the due date. Except for particular conditions expressly written or specific conditions granted to the customer companies after study of their file, the payments must be carried out by transfer with the order - bank card. The expenses are the responsibility of the buyer, in the absence of return of the accepted draft within the mentioned time, the payment will become immediately due.
Article 5 - Advice and choice of products
It is the Customer's responsibility to ensure the compatibility of the products offered by microfluo with its other equipment and its needs. The Customer's order is made under the Customer's own responsibility. Microfluo may however provide analysis and consulting services. We inform you that the legislation in Belgium prohibits the cultivation of cannabis. The customer therefore undertakes to use the equipment purchased from Microfluo in accordance with the legislation in force in the country where he/she resides. Microfluo cannot be held responsible for the use made by the customer regarding the purchased products.
Article 6 - Delivery
Delivery times are established in good faith and are given as an indication. Unless expressly stipulated otherwise in writing, a delay cannot, under any circumstances, justify a cancellation of the order or any compensation. By express agreement, a case of force majeure or events such as lock-out, strike, total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transportation, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller shall be released from all responsibilities upon delivery. The seller will inform the buyer in due time of the cases and events listed above. In any case, the delivery within the deadlines can intervene only if the purchaser is up to date with his obligations towards the seller, whatever the cause may be. microfluo will not proceed to any delivery outside Europe.
Article 7 - Transport
The risks related to the transport are supported by the seller, under the condition that the buyer has checked the goods on arrival and has exercised, if necessary, his recourse against the carrier within 48 hours, by registered letter with acknowledgement of receipt with a copy addressed to microfluo for registration of the dispute, even in case of carriage paid shipping. Unless otherwise agreed, the seller is free to choose the carrier. In the case of a loss of a package during transport, the investigation time may vary according to the carrier and take from one to three weeks.
Article 8 - Guarantee
All the products benefit from the legal guarantee of 24 months or from a manufacturer's guarantee whose general conditions can be consulted on the WEB site. The products are guaranteed against any defect of material or manufacture for a duration of 24 months as from the date of delivery, except for particular conditions expressly meant. The seller undertakes to ensure the replacement of defective parts and the repair of damage to the goods supplied to the buyer by him. In the event that the buyer returns products that were not supplied by the seller, the latter cannot in any case be held responsible for material and immaterial damages that would occur during the repair. The seller cannot be held responsible under the guarantee for breakdowns or damage resulting directly or indirectly in the following cases - Unprotected or prolonged storage. - Any negligence, error of connection or handling, maintenance and use of equipment not in conformity with the technical specifications of the seller or the manufacturer or, more generally, a defective or clumsy use. - Any addition of complementary or accessory devices to the equipment or use of any parts necessary for the operation of the equipment that do not comply with the technical specifications of the seller or manufacturer. - Any mechanical, electronic, electrical or other modification or alteration made to the equipment or its connecting devices by any third party. In case of bankruptcy or impossibility of supply of the manufacturer, the buyer cannot turn against the seller.
Article 9 - Complaints and after-sales service
All the products benefit from the clause "satisfied or refunded" and the customer has a time of retractation of 14 days. The customer has a period of 14 clear days from delivery to request the return of products that do not suit him. Any request must be made by email to microfluo's customer service, which will confirm its acceptance by assigning a return number. A document mentioning this return number will have to be attached to the package containing the products, which will have to be in a perfect state of resale and in their original packaging duly sealed. The refund of the product(s) after return will be made as soon as possible.
Article 10 - Property reserve
Microfluo keeps the full property of the goods until complete payment of the price, taxes and accessories. In the same way as for the whole of our general conditions of sale, the order of a product implies on behalf of the purchaser the unconditional acceptance of the present clause of property.
Article 11 - Resolutive clause
In the event of non-compliance with one of the obligations of the buyer by the latter, the sale will be terminated by right and the goods will be returned to the seller if he sees fit, without prejudice to any damages that the seller could claim against the buyer, within 48 hours after the formal notice remains without effect. In this case, the seller is authorized to claim from the buyer a fixed compensation of 10% of the amount of the sale.
Article 12 - Attribution of jurisdiction
All disputes relating to the formation, performance and termination of the contractual obligations between the parties that cannot be settled amicably shall be subject to the jurisdiction of the Commercial Court of Liege within whose jurisdiction the Seller's registered office is located, regardless of the conditions of sale and the method of payment accepted, even in the event of a warranty claim or a plurality of defendants, the Seller reserving the right to bring the matter before the competent court of the Buyer's headquarters. The present contract is governed by Belgian law.