General conditions of sale
1. Offer and order
All sales of products under the trademark \"email reference\" by e-mailBROKERS are governed by these general conditions. Any order implies for the customer the acceptance of these general conditions and the waiver of its own conditions. Any departure should be notified in writing and requires explicit agreement in writing by e-mailBROKERS.
Any order will become final after acceptance by the management of e-mailBROKERS. e-mailBROKERS is released from any obligation in case of Act of God.
Any offers, sales or supplies of products and/or services proceeding from a natural person or legal entity accessible via the Internet site of-emailBROKERS are not governed by these general conditions.
e-mailBROKERS is not in any case a party to the agreements relating to the offers, sales or supplies of products and/or services proceeding from natural people or legal entities accessible via its Internet site entered into with third people.
2. Conclusion of contract
The place of execution of all sales or supplies of products and/or services of e-mailBROKERS is deemed to be BRUSSELS, BELGIUM.
3. Price
All prices mentioned in the offers of e-mailBROKERS are given in euros Ex VAT. The packaging and shipment costs are borne by e-mailBROKERS. In case of increase of the prices of the material and/or wages and/or other components of the price, e-mailBROKERS will be entitled to adapt its selling prices.
4. Delivery, supply, acceptance and receipt
The products and/or services delivery, supply, acceptance and receipt are deemed to have taken place in e-mailBROKERS warehouses prior to shipment.
The products are shipped on the customer\'s behalf, unless a transport vehicle of e-mailBROKERS effects the shipment.
The products are always shipped at customer\'s risk. The customer is not entitled to refuse partial deliveries. Defects to part of the delivered products and/or services give no right to the customer to refuse the whole supply.5. Deadlines
The deadlines are given as indication and will be complied with insofar as possible. Delay in the fulfilment of an order cannot result for e-mailBROKERS in a cancellation of the orders in question, nor confer to the customer the right to supply itself elsewhere on behalf of e-mailBROKERS, or to claim damages.
The deadlines start running from the date of sending of the purchase order.
6. Claims
For being admissible, any claim relating to e-mailBROKERS invoices, products or services should be forwarded in writing within eight days following the date of receipt or delivery.
7. Terms of payement
Unless otherwise agreed upon, the invoices are payable at the registered office of e-mailBROKERS in BRUSSELS either prior to delivery or cash.
In any case, for want of payment, an interest of 12% per year will be due by right without prior summons.
Furthermore the outstanding invoices are increased by right and without prior summons by a lump-sum compensation of 15%, with a minimum of 100 euros.
8. Reserve of property
In case of sale, the supplied products will remain the e-mailBROKERS property up to the date of full payment of the price, including interests and costs as well as compensations, if any.
Furthermore the customer grants the right to remove the supplied material at any time wherever it encounters itself and authorises the vendor to enter the premises occupied by the buyer.
9. Jurisdiction and applicable law
The Courts of BRUSSELS have the exclusive jurisdiction in case of litigation. e-mailBROKERS retains however the right to sue its customers before any other competent jurisdictions.
The Belgian law governs the relationships between parties.
10. Cancellation
The cancellation of an order is only possible with e-mailBROKERS consent.
In case of cancellation the buyer will owe lump-sum compensation in the proportion of 50% of the price of the order (VAT included) subject to e-mailBROKERS right to claim higher compensation if it can demonstrate a higher prejudice.
11. Industrial property
e-mailBROKERS and/or its suppliers are the sole owners of all base and application software.
The customer for its own account and for internal use will use such software exclusively under licence.
It is henceforth strictly forbidden to the customer to assign such software in any way whatsoever to third people, whether against payment or for free, or to copy them, unless this turns out to be necessary on security grounds.
In case of infringement on the above obligation, e-mailBROKERS reserves the right to terminate the agreement without prior notice, and to stop any additional assistance, without prejudice to its right to damages or to pass on the damages claimed by its suppliers or by the holders of industrial property rights.
12. Personal data
Save notice to the contrary by the customer, e-mailBROKERS can use the billing data relating to said customer to propose the products and services likely to meet its needs. When the customer is a natural person, he/she is entitled to consult his/her data at any time and to oppose the processing thereof, unless such processing is necessary for the fulfilment of the contract or results from a legal obligation.
The customer has the right to correct, complete or suppress incorrect, incomplete or irrelevant data.
13. Responsibility
e-mailBROKERS will in no case be responsible for incidental consequences resulting from the unavailability of a product and/or service as a consequence of the defect presented by such product and/or service.
