GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application:

1.1. The seller hereinafter called is QUATRIÈME DIMENSION SA, which head office is located to 5100 NAMUR (Belgium), rue des Linottes, 4, (phone: +32(0)81/715.000 - fax: +32(0)715.009 - email: info@4dimension.be), RC Namur n° 73.871 and registered to the Crossroads Bank for Enterprises under the number 0462.696.037 (VAT BE462.696.037).

1.2. The buyer hereinafter called is any natural or legal person agreeing with the offer purposed by the seller within its price offer.

1.3. These terms and conditions of sale apply to any order placed by the buyer with the seller and to any sales contracts between them, including any incidental services delivery. They are available at the following Internet address: http://en.mister-transfer.com/ and downloadable in PDF format. They are linked to every document sent by the seller.

1.4. These terms and conditions of sale always prevail over any of the buyer's general or particular conditions, unless the seller accepts in writing their applicability.

1.5. The buyer commits himself to indicate to the seller, at the latest when he confirms the order, whether the order is placed as a legal person or as a natural person. Unless otherwise indicated, the parties acknowledge that the obligations arising from the agreement relative to these terms and conditions are executed mainly at the head office of the seller, at the head office of one of its subsidiaries of at one of its warehouses.

2. Order:

2.1. Orders are valid while stocks last. French represents the only language used for the conclusion of the contract and during its execution.

2.2. While he visits the seller's website, the buyer chooses the kind and quantity of wanted goods and the specificities he would like to be added to these goods. The buyer fills in the form with its personal informations and submit its request for quotation to the seller. At the earliest opportunity, the seller sends back, by email, to the buyer a price offer that contains the characteristics of the wanted goods and subject to these general terms and conditions. The price offer becomes obsolete if the buyer doesn't accept it within 31 days after if sending. In case of modifications brought by the buyer, the seller sends a new price offer valid under the above-mentioned conditions. The definitive acceptance of the price offer is the conclusion of the sales contract and it commits the parties to these general terms and conditions. The buyer will receive an order confirmation of the seller for the ordered goods and services.

3. Price and payment:

3.1. The selling price indicated in the price offer may be modified until the acceptance of the buyer which make it definitive, except in case of force majeure.

3.2. The seller reserves the right to request the constitution of personal or property rights securing payment. In the absence of such constitution, any commitment between parties is considered null and void.

3.3. Except opposite conditions, invoices issued by the seller are payable in euros, in cash and without discount, the whole in the head office of the seller or on its bank account.

3.4. Any claim concerning the invoice must be notified to the seller at the latest in the eight days of its reception, failing which it will not be taken into account.

3.5. In the event of failure to pay any invoice within 15 days of his sending, the buyer will be indebted, in addition to the capital amount, to the seller, by rights and without preliminary formal notice, of moratorium interest at the 1,5 % rate a month, as well as of a lump sum compensation of a total amount of 15 % of the principal amount of the order except VAT, interests and fees with a minimum amount of 75€.

3.6. In the same way, and to answer the prescribed of the article 78 of the law relative to market practices and to consumer protection, assuming that a delay would be imputed to the fault of the seller, and as far as the customer sent to this one, by registered post, a formal notice reminding the present condition and as far as this formal notice remained ineffective during eight days, the seller would be indebted, as lump sum compensation, to an amount of 5 % of the agreed price except tax, with a 75€ minimum.

3.7. In case of judicial recovery of any invoice, the buyer will be besides indebted of reasonable recovering fees, such as the legal fees and the internal management fees which would exceed the amount of this lump sum compensation.

3.8. In case of non-compliance by the buyer of a single term of payment, and it is true for whatever reason, all subsequent payments will be made, at the latest, at the next order placement by the buyer. Besides, the seller reserves, in this case, the right to suspend the execution of the other pending orders until full payment of the owed amounts.

4. Delivery:

4.1. Except case of sale to the consumer, the buyer bears the transport and the risks relative to products as soon as they are in his possession and, failing that, as soon as they are available for collection. In case of the buyer would indicate another place for delivery, the pickup and the storing of products will be made at its risks and expenses, where appropriate.

4.2. The parties agree explicitly that a potential delivery deadline is given only for information purposes. No delay in delivery can thus lead to the termination of the sale contract by the buyer or to the payment of damages and interests from the seller.

4.3. Besides, the seller has the right to refuse to sell its products according to the availability of stocks, or for other legitimate reason, and maintains the right to make partial deliveries. The prices do not include pallets, packagings and other extra costs. The conditions of resumption of pallets and packagings will be laid down by a special agreement.

5. Retention of title:

5.1. Delivered goods remain the property of the seller up to full payment of the price, in this included interests on arrears and any compensation payments.

5.2. For lack of payment of the price by the instalment date, the seller reserves the right to take back products at the buyer's cost. Up to the full payment of his products, the buyer cannot either resell them or pawn them without the prior written agreement of the seller.

5.3. The buyer commits himself to warn the seller of any seizure practised by a third party on the sold products which are not fully paid.

5.4. Also, the buyer commits himself to inform immediately the seller in case the delivered and unpaid products would be in locations hired by the buyer.

6. Warranty:

The buyer commits himself to make a meticulous examination of the delivered products, at the time of receipt, according to his capacities.

6.1. Buyer acting for business purposes:

6.1.1. Any reporting of an apparent defect or a lack of conformity affecting the delivered goods must be notified to the seller within 7 days after the goods delivery.

6.1.2. The reception of products by the buyer or his employees has the effect of covering any apparent defect which could be noticed at the time of the delivery.

6.1.3. Any reporting of a latent defect of the delivered products must be notified to the seller within the fifteen days after the discovery of these defects by the buyer or from the moment he would have reasonably been able to discover them.

6.1.4. Any legal action concerning the latent defects will have to be introduced within thirty days from the discovery of the defects by the buyer, or from the moment he would reasonably have been able to discover them, or from the day of the failure of the negotiations with the aim of an out-of-court settlement.

6.1.5. No product can be sent back to the seller except prior written agreement.

6.1.6. During a period of one year from the delivery of products, the warranty of the seller limits itself exclusively, either in the repair or in the replacement of the defective products, or in the refund or the reduction of the charged price, without other compensation.

6.1.7. Besides, the responsibility of the seller is excluded in case of damage caused jointly by a defect of the delivered products and because of the victim or of the person for whom the victim is responsible.

6.1.8. The warranty expires after this period of one year.

6.2. Buyer acting for non-professional purposes:

The buyer has legal rights under the law of September 1st, 2004 governing the sale of consumer goods, which are not affected by the present warranty. The present article is worth warranty in the meaning of the article 1649 quater in 3 of the Civil code.

7. Absence of right to withdraw for the consumers:

In case of supply of goods to a consumer, made according to the specifications of the consumer or clearly personalised or which, because of their nature, cannot be reshipped or may deteriorate or expire quickly, it is specified what follows: " the consumer does not have the right to revoke the purchase ".

8. Force majeure:

8.1. The occurrence of any event such as particularly any interruptions of the production, transport or delivery, strikes, lockout, embargoes, wars, terrorist attacks or consequences of attack, insufficiency of raw materials, epidemics, bad weather and more generally, any event of similar nature affecting the parties or their supplier and delaying or making impossible the execution of their respective obligations, suspend the execution of their respective obligations.

8.2. The party which invoke such an event will notify the other party as soon as possible the proof of the occurrence. The execution of its obligations will be suspended until the notification of the end of the event, with the understanding that no party may claim any compensation to the other party.

8.3. Parties will make every effort to reduce the difficulties and/or the caused damages.

8.4. If the force majeure lasts more than 60 days, the parties will make every effort to renegotiate the later execution of the sale contract.

8.5. In the absence of an agreement, each party will have the right to end it by notification sent to the other party.

9. Subcontracting and release:

The seller can subcontract all or part of the execution of the sale to a third party without the prior and written agreement of the buyer. He can also release all or part of the sale to a third party without the prior and written agreement of the buyer.

10. Protection of privacy:

10.1. The seller is obliged to respect the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

The aim of the processing by the seller of personal data received from the buyer is the execution of the present convention, the customer administration, with the agreement of the buyer, the advertising of products and services of the seller, the establishment of personalised information campaigns and direct marketing, including by way of e-mail.

10.2. To know more about the data we collect and the way we process it, refer to our privacy policy available on request or directly online here: http://www.en.mister-transfer.com/privacy-policy

10.3. The person in charge of the data processing is the managing director of the seller.

10.4. The buyer authorises the seller to state the sale of products or the service offer, object of the present contract, in the strict purpose of advertising for the sold products and/or the services delivered by the seller. The implementation of this advertising will be submitted to the buyer who can, at any time, remove this authorisation. However, the buyer can never, for any reason whatsoever, claim damages for the aforementioned advertising.

11. General:

11.1. The invalidity or the inapplicability of one of the clauses of these general terms and conditions cannot affect the validity or the applicability of the other clauses. Where appropriate, the parties commit themselves to substitute the invalid or inapplicable clause by a valid clause which is the closest to an economic point of view of the invalid or inapplicable clause.

11.2. The fact that the seller does not take advantage of these general terms and conditions of sale at some point cannot be interpreted as being a waiver of its right to invoke them subsequently.

11.3. Any communication or notification between parties will properly be made by registered post, faxed mail or e-mail with acknowledgement of receipt, for the seller, to his head office and for the buyer, to his head office or place of residence.

12. Applicable law and jurisdiction:

12.1. The contractual relations between parties as well as the present general terms and conditions are governed by the Belgian law, even in case of guarantee call. The parties agree explicitly to exclude the application of the Vienna convention on the international sale of goods.

12.2. Any dispute concerning the constitution, the execution, the interpretation of these general terms and conditions of sale as well as any agreement to which they apply and who cannot be settled out of court, is subject to the exclusive jurisdictions of the judicial district of Namur and, where necessary, the magistrate's court of the Second Canton of Namur ruling in French language.

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