General Terms and Conditions LivePower / DIGINET nv
“These General Terms and Conditions and the webshop are pursuant to the Law of 6 April 2010 on market practices and consumer protection (BS 12.04.2010). Only the mandatory provisions of the Market Practices Act (MPA) shall be applicable.
The Consumer can revoke his purchase from LivePower / DIGINET nv, without having to pay a fine or without having to mention a reason within a period of fourteen (14) calendar days starting from the day following the delivery of the good(s) or from the time of closing a service agreement.
The number of calendar days, which may not be lower than 14, shall be added to this clause.
The aforementioned Right of Withdrawal shall only apply to “Consumers” within the meaning of the Belgian Law on Market Practices and Consumer Protection.”
1 Applicability & Definitions
1.1 The General Terms and Conditions are applicable to all activities of LivePower / DIGINET nv (ADRES), and to any contract concluded between LivePower / DIGINET nv and its counterparty.
1.2 The counterparty, a legal person/B2B (Business-to-business: a Customer buying for business use and who, by the nature of this use, is subject to VAT) or a natural person/B2C (Business-to-Consumer: a Customer buying for private use), will hereinafter be referred to as “Customer” and/or “Lessee” and will be further defined, if necessary, by the abbreviations B2B or B2C.
1.3 The Customer is deemed to have noted the General Terms and Conditions, and accepted them before accepting an offer, placing an order or entering into an Agreement with LivePower / DIGINET nv. A copy of these General Terms and Conditions is available on request or for download on the website of LivePower / DIGINET nv.
1.4 The applicability of any other purchase or rental conditions of the Customer is expressly excluded, unless otherwise agreed by both parties.
1.5 LivePower / DIGINET nv is entitled to amend the General Terms and Conditions at any time without direct notice to the Customer. Any modifications to these General Terms and Conditions shall only be applicable to orders and agreements placed or concluded at or after the date of modification.
1.6 For the conclusion of agreements a distinction is made in these General Terms and Conditions between an “online agreement” and an “offline agreement”. An “online agreement” is understood to be: a distance contract whereby, up to and including the moment the contract is concluded, sole use is made of one or more means for distance communication. An “offline agreement” is understood to be: an Agreement concluded at the head office of LivePower / DIGINET nv, Stroobantsstraat 48b, 1140 Brussels, Belgium or simultaneously signed by the Customer and the Representative of LivePower / DIGINET nv while in the same location.
2 Offer, Prices & Agreement
2.1 Every offer from LivePower / DIGINET nv contains a description of the products and/or services being offered. Obvious errors or mistakes in the offer are not binding for LivePower / DIGINET nv.
2.2 If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2.3 The prices mentioned on shop.livepower.be shall only apply to orders placed on . shop.livepower.be
2.4 Unless stated otherwise, all prices shall be expressed in Euro:
2.4.1 inclusive of VAT and any surcharges such as Recupel and/or BEBAT, …
2.4.2 exclusive of shipping costs: these costs will be calculated separately and will be displayed prior to the Customer placing his/her order or concluding the agreement.
2.5 LivePower / DIGINET nv reserves the right to change any prices at any time. Any possible price changes shall only apply to every offer of which the term of validity has expired and to orders and agreements placed or concluded at or after the date of modification, except for changes in price as a result of changes in the VAT-rates.
2.6 In departure from the preceding paragraph, LivePower / DIGINET nv may terminate the Agreement for products and services the prices of which are subject to fluctuations in the financial market and on which Audiosense has no influence.
2.7 LivePower / DIGINET nv shall have the right to refuse orders, contracts or services in their discretion. If an order, contract or service is cancelled or refused, where appropriate, any price already paid for the product and any additionally paid costs shall be refunded as soon as possible and within 14 days at the latest.
2.8 The Agreement shall only become valid when the Consumer has accepted the offer and fulfilled the Terms and Conditions set. The accepting of an offer and/or placing of an order can be done in one of the following ways:
2.8.1 for offline sale: after the signing by the Customer or by his authorized agent of the purchase order drawn up LivePower / DIGINET nv, or after the payment of an advance or security agreed upon in writing;
2.8.2 for online and/or offline sale: after payment of the full amount owed by the Customer.
2.9 LivePower / DIGINET nv is entitled to consider the agreement cancelled, without any right of compensation of damages on the part of the Customer, in the following cases:
2.9.1 bankruptcy, judicial composition or the inability of the client to pay,
2.9.2 non-payment or late payment of the amounts due by the Customer,
2.9.3 false information regarding identity and/or age and/or domicile of the Customer and/or his authorised person.
2.10 If LivePower / DIGINET nv is unable to honour the agreement due to force majeure, strike, lockout, etc., LivePower / DIGINET nv reserves the right to terminate the agreement without the Customer having the right to claim any damages.
2.11 In the event the offline agreement is terminated by the Customer and/or in the event of cancellation of the offline agreement by the Customer, the Customer will owe LivePower / DIGINET nv compensation of 25% on the sales price or on the rental price over the entire agreed upon rental period.
3 Payment, Payment Terms & Invoices
3.1 The offline agreement was drawn up in Brussels. The amounts due by the Customer are payable at the head office of LivePower / DIGINET nv, Stroobantsstraat 48b, 1140 Brussels, Belgium.
3.2 The online agreement was established at distance and shall be fully paid in advance. The agreement and/or order can, as a consequence, only be concluded, performed, shipped or collected after receipt of the total amount due on the bank account of LivePower / DIGINET nv.
3.3 Electronic payments made through shop.livepower.be will be subject to the General Terms and Conditions of as well as protected by the partners providing the electronic payment system. LivePower / DIGINET nv is not liable, under any circumstances, for poor treatment of cash and information by the partners who process the transactions.
3.4 Unless stated otherwise on the invoice, all invoices from LivePower / DIGINET nv are payable in cash without discount and at the latest at the time of receipt of the goods by the Customer.
3.5 Every invoice shall be deemed to have been accepted barring a protest by registered mail within 8 calendar days after the invoice date.
3.6 The Customer is not permitted to deduct any conflicts on these invoices, the complete amount of the invoice shall be settled before any further actions can be undertaken.
3.7 The goods supplied shall remain the property of LivePower / DIGINET nv until full payment of the price.
3.8 In the event of late payment or non-payment the Customer will automatically, as of right and without notice, incur interests payable to LivePower / DIGINET nv on the amounts due of 1% for each month started and furthermore a flat-rate compensation of 15% on the amount due, with a minimum of €100.00.
3.9 LivePower / DIGINET nv reserves the right to resell the goods to offset its own losses after an acceptable time of non-payment by the Customer.
3.10 If the Customer is acting on behalf of or by virtue of an association, foundation, or company, the Customer will at all times be held personally responsible for outstanding invoices, if circumstances indicate that, at the time the order was placed and/or the agreement was concluded, the Customer was not authorized to act on behalf of the legal person for whom the agreement was concluded or the order was placed, or if the legal person on behalf of whom was signed does not perform his payment obligations.
4 Inventory & Delivery
4.1 LivePower / DIGINET nv does not guarantee that all products advertised on shop.livepower.be are immediately available or can be made available. Furthermore, LivePower / DIGINET nv shall retain the right to modify, discontinue or no longer make certain products available, without prior notification.
4.2 Should an article temporarily be sold out or unavailable for delivery, the Customer will be notified within 2 workdays of placing the order.
4.3 The place of delivery is the address the Consumer has provided to LivePower / DIGINET nv.
4.4 Goods or products ordered online shall be delivered under the legal stipulations of distance selling applicable in Belgium.
4.5 With due regard to the above, LivePower / DIGINET nv shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed.
4.6 The delivery will always be made as a whole unless otherwise stated by LivePower / DIGINET nv, communicated or agreed upon with the Customer.
4.7 In the light of the aforementioned paragraph, LivePower / DIGINET nv reserves the right to charge and invoice the goods depending on the delivery, even if these would only partially be delivered.
4.8 In the event of deliveries/consignments outside of Belgium, local customs duties or other (import) taxes - where applicable - shall be at the expense of the client.
5 Guarantee & Warranty
5.1 LivePower / DIGINET nv warrants that the products comply with the agreement, with the listed specifications of the offer, to the reasonable requirements of soundness and usability, and legal provisions and/or Government regulations existing at the date of the conclusion of the contract.
5.2 Products ordered online by or delivered to a B2C Customer are subject to the Law of 6 April 2010 on market practices and consumer protection. The legal guarantee can be invoked if non-conformity of the delivered goods is discovered within 2 years after the delivery of said goods. The legal guarantee goes into effect from the time of delivery to the B2B Customer.
5.3 The B2B Customer benefits from the regulations offered as guarantee by the manufacturer and/or importer.
5.4 When the Customer invokes the guarantee, the responsibility and accountability for the dispatch remains with the Customer. All resulting costs will be borne by the Customer.
5.5 The (legal) guarantee cannot or can only partially be applied in the following cases:
5.5.1 damage from external causes (e.g. Accidents, shock, lightning strike, current fluctuations, oxidation, sand, water damage, moisture damage...),
5.5.2 damage caused by the Customer as a result of, for example, non-conforming use or installation as prescribed by the manufacturer,
5.5.3 wrongful or harmful use which shortens the service life of the device,
5.5.4 any failure of compliance of which the Customer had been informed at the time of delivery,
5.5.5 the replacement of consumables (batteries, lamps, fuses...),
5.5.6 damage resulting from natural deterioration or wear,
5.5.7 products in which changes have been made or which underwent repairs performed without the consent of LivePower / DIGINET nv.
5.5.8 products of which the original invoice is missing.
5.6 LivePower / DIGINET nv shall not be bound to indemnify hidden defects, which were unknown to Audiosense. The Customer is obliged, under penalty of indemnification, to inform LivePower / DIGINET nv in writing and by registered mail within 8 days after discovery of a hidden defect. In case of a reasonably repairable defect, the warranty obligation of LivePower / DIGINET nv will be limited to the repair of the defect. In case of a reasonably non-repairable defect, the warranty obligation of LivePower / DIGINET nv will be limited to the replacement by identical or equivalent goods, insofar as is reasonably possible.
5.7 Defects which already existed at delivery and which could have been discovered by the buyer or his agent by means of reasonably diligent inspection, shall be deemed to have been accepted if the buyer does not report these defects in writing and by registered mail within 8 days from delivery of collection. In case of a timely notification, the same warranty applies as to hidden defects.
5.8 The warranty obligation of LivePower / DIGINET nv concerning defects to sold goods shall be confined to the warranty obligation of its suppliers.
5.9 LivePower / DIGINET nv is not bound to any indemnification if the invoked defect is caused (in part) by careless or injudicious handling by the buyer, use contrary to the destination of the goods, damage by the buyer or by third parties or injudicious installation of the goods.
6 Right of Withdrawal in cases of B2B Distance Selling
6.1 Upon purchase at distance of products the client has a legal Right of Withdrawal at all times. The B2B Customer has the right to terminate the agreement without giving any reason for a period of no more than 14 calendar days starting from the day of delivery of the ordered goods or services.
6.2 The Customer is obligated to notify LivePower / DIGINET nv if he wishes to invoke his right of withdrawal. This notification is best done via the withdrawal form which can be downloaded from shop.livepower.be or with an unambiguous written statement.
6.3 The Customer is expected during this period to very carefully handle the delivered goods and its packaging. When the Customer is considered to be negligent with the goods during this period, his Right of Withdrawal for said product ceases to exist.
6.4 The Right of Withdrawal is applicable to all products sold by LivePower / DIGINET nv except for:
6.4.1 Products which are tailor-made or made pursuant to Customer’s direction or personalised products,
6.4.2 Products which may spoil within the reflection period,
6.4.3 Copyable products such as software on carriers, DVDs and CDs are not non-returnable if the seal is broken,
6.4.4 For digital data which have not been delivered through tangible media (e.g. downloads, peer-to-peer transfers, etc.) when the products or service has been delivered within the reflection period, insofar the consumer has agreed to the delivery of the digital content during the reflection period consent and his acknowledgement that he thereby loses his right of withdrawal.
6.4.5 Products which are not suitable for return due to health-protection or hygiene reasons,
6.4.6 If the article, packaging included, shows signs of damage both visible and to its functionality.
6.4.7 If the price of the article is strongly subject to fluctuations on the financial market on which Audiosense has no influence.
6.5 If the Customer wishes to invoke his right of withdrawal, all resulting costs (transport and suchlike) shall be borne by the Customer.
6.6 After notice of his withdrawal the Customer has 14 days to return said goods to LivePower / DIGINET nv. If this happens outside of the 14-day limit, his Right of Withdrawal expires.
6.7 If the Customer has paid the amount, LivePower / DIGINET nv will refund this amount with convenient speed but at least within 30 days after return or withdrawal.
7 Specific Terms & Conditions for Rental
7.1 The Lessee and his authorised agent acknowledge to have acquired the goods in pristine and ready-to-use condition and are aware of the proper way to use and maintain the rented goods. Any complaints concerning the condition of the rented goods should therefore be lodged at the time of receipt. The Customer or his authorized agent shall sign the delivery note, which serves as the base for the invoicing, upon receipt. Only by signing this delivery note, the rental agreement can be finalised.
7.2 The Lessee undertakes to treat the rented goods with due diligence, to use the rented goods professionally and expertly according to the Terms of Use and to protect the rented goods against overload and damage.
7.3 The rental period starts when rented goods leave the premises of LivePower / DIGINET nv.
7.4 The rental period ends on the day the rented goods arrive in operational condition at the premises of LivePower / DIGINET nv, regardless of the agreed upon expiry date.
7.5 If the Lessee wishes to extend the rental period, he should send a written request. The Lessee cannot, in any case, call upon a right of tacit renewal of the lease.
7.6 If the goods are returned late, the full daily rate will be invoiced in supplement per started day.
7.7 At the election of LivePower / DIGINET nv, it may impose the payment of a security on the Lessee. This security is then intended to guarantee the performance of the various obligations of the Lessee.
7.8 The modalities of payment of the security will have been agreed upon in advance by LivePower / DIGINET nv and the Lessee. The security cannot be considered a deposit on the rental price and can only be refunded to the Lessee after having fulfilled all his obligations to LivePower / DIGINET nv and after having returned the rented goods in good condition.
7.9 The Lessee or his authorized agent undertake to:
7.9.1 immediately inform the Lessor in case of breakdown of the rented goods, theft, default, seizure, damages, etc.,
7.9.2 store the rented goods at a suitable location,
7.9.3 not perform repairs, nor make changes to the rented goods, unless LivePower / DIGINET nv has agreed explicitly and in writing, and
7.9.4 immediately inform LivePower / DIGINET nv when repairs are necessary as a result of normal wear and tear.
7.10 During the rental period, the Lessee shall bear all the risks of loss and damages of the rented goods, whatever the causes may be. The Lessee will be equally responsible for all damages, regardless of the causes, resulting from the use of the rented goods, to any persons or goods, without exception.
7.11 If repairs are necessary due to damage to the rented goods, the repair costs will be charged to the Lessee in addition to the rental price. No repairs shall be performed on rented goods showing lightning strike, water, or moisture damage, these will however be charged at replacement (=new-for-old) value.
7.12 The Lessee shall adopt all necessary provisions to protect the property rights of LivePower / DIGINET nv against all third parties.
7.13 LivePower / DIGINET nv has the right to exercise strict control at any time on the rented goods.
7.14 LivePower / DIGINET nv can immediately terminate the rental agreement, by law and without notice of default, without any right to compensation of damages for the Lessee in the following cases:
7.14.1 negligence in the use and maintenance of the rented goods,
7.14.2 overload of the rented goods,
7.14.3 insufficient protection of the rented goods and
7.14.4 non-compliance of the obligations pursuant to the current General Terms and Conditions by the Lessee.
7.15 The receipt of the rented goods by LivePower / DIGINET nv does not immediately imply acceptance and does not rule out a claim for damages. LivePower / DIGINET nv shall have 48 hours from receipt of the rented goods, Saturdays, Sundays and holidays not included, to disclose its findings concerning damages, loss in value, etc. to the Lessee. LivePower / DIGINET nv will invite the Lessee in writing to confirm the damages in an uncontested report within 48 hours after the return of the goods. Failing a response from the Lessee within 48 hours, LivePower / DIGINET nv has the right to perform repairs and/or replace components at the cost of the Lessee, without prejudice to any right whatsoever. The rental price will be due until the rented goods have been repaired or replaced.
8 Specific Terms & Conditions for Repairs
8.1 Repairs are based on the complaints which have been filed by the Customer.
8.2 All repairs done by our technical service are only performed after the approval of our technical service.
8.3 The price of the repair is set based on the number of working hours, the research costs, the costs of the materials used, administration costs and the costs incurred by third parties.
8.4 If the Customer wishes to receive the original repair estimate, he shall notify LivePower / DIGINET nv in advance.
8.5 The costs for an original repair estimate shall amount to €70.00 and are only waived if the Customer agrees to the repairs. No original repair estimate is drawn up for repairs the costs of which are estimated to be less than €70.00.
8.6 The Customer shall bear the costs for all shipments of material from and to the Customer as well as the manufacturer, but no more than is strictly necessary.
8.7 LivePower / DIGINET nv bears no responsibility for any electronic data, media or information that can be found on the goods handed over for repair. It is the client’s responsibility to secure these data, media or information before handing over the article for repair.
8.8 LivePower / DIGINET nv and the Customer shall agree amongst themselves under what conditions the Customer and whether a replacement product will be made available for the duration of the repair. Products given on loan by LivePower / DIGINET nv shall be treated with due diligence by the Customer. Any defects in, loss of or damage to these devices as well as loss of electronic data, media or information recorded on or with the devices is the full responsibility of the Customer.
8.9 After the completion of the repair LivePower / DIGINET nv issues a warranty of three months on the repair and the used components. This warranty period takes effect when the product is issued back to the Customer. No warranty is given for cleaning or maintenances as well as repairs performed on products with lightning strike, water, or moisture damage, unless this has been agreed on in writing to the contrary. This warranty period does not, under any circumstances, extend the standard warranty periods, which would still be active.
9 Electronic Media & Data
9.1 LivePower / DIGINET nv bears no responsibility for electronic data, media nor information recorded on or with the goods sold or rented by LivePower / DIGINET nv. LivePower / DIGINET nv bears no responsibility for any damage to nor loss of electronic data, media or information recorded on or with the goods sold or rented by LivePower / DIGINET nv.
9.2 If goods sent for repair or returned from their rental still contain electronic data, media or information, the Customer shall be fully responsible. LivePower / DIGINET nv does not accept any liability for these electronic data, media or information.
9.3 LivePower / DIGINET nv waves all copyrights of the recorded data, media or information on the sold or rented goods. LivePower / DIGINET nv, therefore, cannot be held liable for any copyright infringement.
10 Applicable law
10.1 All disputes concerning the existence, performance and/or interpretation of the Agreement shall fall within the exclusive competence of the Courts of the District of Brussels
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