Terms of sales

1.1. The seller described hereafter is the public limited company QUATRIÈME DIMENSION, whose main registered office is located at 5100 NAMUR (NANINNE section), rue des Linottes, 4, (tel. : +32(0)81/715.000 - mail : info@4dimension.be), Namur trade register N° 73.871 and featured in the Register of the Cross-reference Database for Enterprises under number 0462.696.037 (VAT BE0462.696.037).

1.2. The buyer is defined below as a company or natural person signalling an agreement to the price quotation submitted by the seller.

1.3. The present general terms of sale apply to any order given by the buyer to the seller and to all sale contracts binding them, including all additional performances of services. These conditions are available at the following Internet address: https://www.mister-transfer.com and may be stored in a PDF file. These are annexed to any documents provided by the seller.

1.4. Unless the seller agrees otherwise in writing, these general sales conditions exclude any other general and special conditions applied by the buyer.

1.5. The buyer shall undertake to specify to the seller, no later than when the quotation submitted by the seller is accepted, if the order is placed for professional or private purposes. Unless otherwise specified, the parties shall acknowledge that the obligations resulting from the agreement relating hereto shall ensue and/or be implemented primarily at the main registered office of the seller, the main registered office of one or more of its subsidiaries or one of its warehouses.

2.1. The proposals shall be valid within the limits of the stocks available. French shall be the sole language used for the conclusion of the contract and during the fulfilment thereof.

Each product is accompanied by a description established by the seller based on the description provided by the supplier.

The pictures in the catalog are provided strictly for informational purposes and are intended to be an accurate representation, but they do not have a contractual nature as they cannot ensure a perfect similarity with the physical products.

2.2. When visiting the seller's website, the buyer selects the type and quantity of goods desired, as well as the specific characteristics they wish to see applied to these goods. The buyer completes his personal information and submits his price request to the seller. Within the shortest possible time, the seller will send the buyer a price offer by email, detailing the characteristics of the desired goods, all of which are subject to these general terms and conditions. Within 31 days from the date of the offer, and in order to avoid expiration, the buyer accept the price of the quote. If the buyer makes any modifications, the seller will send a new price offer valid under the aforementioned conditions. The final acceptance of the price constitutes the conclusion of the sales contract and subjects the parties to these general terms and conditions. The seller sends the buyer a confirmation of the placed order.

2.3. The buyer is responsible for the choice and use of the product delivered by the seller.

The buyer is also responsible for the designs or logos sent to the seller.

The buyer guarantees to be the holder of the copyright for the logo or design. The buyer expressly guarantees that the logo/design was not created in violation of a third party's rights, and notably that all necessary authorizations on the elements used in the logo/design have been obtained.

The seller declines all responsibility in case of inaccuracy of the information communicated to him by the buyer.

3.1. The price indicated in the price offer is subject to modification until the buyer's acceptance. Only at that moment is the price considered final, except in cases of force majeure.

3.2. The seller reserves the right to require the establishment, at its option, of additional real or personal guarantees. In the absence of such establishment, any commitment between the parties is considered null and void.

3.3. Unless otherwise stipulated, the invoices issued by the seller are payable in euros, in cash and without discount, all at the seller's registered office or on their bank account.

3.4. Any claim related to the invoice must be notified by registered letter to the seller no later than eight days after its receipt, failing which it will not be taken into account. Once this deadline has passed, the invoice will be presumed accepted by the buyer.

3.5. If any invoice remains unpaid 15 days after its issue, the buyer shall owe to the seller, in addition to the principal amount, as of right and without prior notice, late payment interest at the rate of 1.5% per month, as well as a lump-sum indemnity equal to 15% of the total amount of the order, excluding VAT, interest and costs, with a minimum amount of 75€.

3.6. Unless otherwise specified, the consumer as defined in Article I.1, 2° of the Economic Law Code may demand the benefit of the application of compensation and interest in the extent and under the conditions fixed by this clause, in case of non-performance of our obligations.

3.7. In case of judicial recovery of any invoice, the buyer will also be liable for reasonable recovery costs, such as lawyer's fees and in-house administration expenses exceeding the value of the standard compensation.

3.8. If the buyer fails to respect a single payment deadline, for whatever reason, all subsequent payments must be made at the latest upon the next order placed by the buyer. Furthermore, in this case, the seller reserves the right to suspend the execution of other orders in progress until full payment of the amounts due.

4.1. Unless it concerns a sale to a final consumer, the buyer bears the transportation and risks related to the products as soon as they are caught in possession by the buyer and, failing that, from the moment they are made available to him. If the buyer designates another place of delivery, the pick-up and, where applicable, the storage of the products will be carried out at his own risk and expense, except in case of fraud or gross negligence on our part or that of our agents.

4.2. The parties expressly agree that any delivery time is given for information purposes only. No delay in delivery can therefore lead to the termination by the buyer of the sales contract or payment of damages and interests to be borne by the seller, except in case of fraud or gross negligence on our part or that of our representatives.

4.3. The seller also has the right to refuse to sell his products based on stock availability, or for any other legitimate reason, and retains the right to make partial deliveries. The prices do not include pallets, packaging, and other ancillary costs. The conditions for the return of pallets and packaging will be agreed upon by special agreement.

5.1. The delivered products remain the property of the seller until full payment of the price, including any late payment interests and possible damages.

5.2. If the price is not paid by the due date, the seller reserves the right to take back the products at the expense of the buyer. Until full payment for the products has been received, the buyer may not resell or pledge them without the prior written consent of the seller.

5.3. The buyer undertakes to notify the seller of any seizure made by a third party on the products sold for which the price has not been fully paid.

5.4. Also, the buyer undertakes to immediately inform the seller in case the delivered and unpaid products are found in the premises rented by the buyer.

The buyer agrees to carry out a thorough examination of the products delivered to them, at the time of receipt, in accordance with their abilities.

6.1. Buyer acting for professional purposes:

The products will be deemed accepted by the buyer five calendar days at the latest after delivery, unless the buyer notifies us before the expiration of this period, by registered letter, of any specific and detailed claim.

The approval will cover all visible defects, that is to say, all those that the buyer could have detected at the time of delivery or within five calendar days thereafter through careful and serious inspection.

We guarantee the products we sell against hidden defects for a period of 6 months from the date of delivery. This warranty is subject to the following conditions.

The warranty cannot be enforced unless the following conditions are met:

• The defect renders the product significantly unfit for the use for which it is usually intended or for a special use expressly mentioned in the specific conditions of sale;
• The product has been installed and placed appropriately.
• The product is being used under normal conditions.

The warranty will not apply if the maintenance and use instructions provided at the time of delivery have not been followed, as well as in case of modification, disassembly, or repair by a person who is not professionally qualified.

In order to be able to claim the benefit of the warranty, the buyer must notify us of any claim relating to hidden defects by registered letter within a maximum period of one month after he has discovered or should have normally discovered the defects.

Our guarantee is limited, at our discretion, to free repair or replacement of defective goods. Under no circumstances will they be refunded. The buyer shall return, at his own cost and risk, the defective item to our premises so that it can be repaired or replaced. We will bear the costs of returning the defective product to our facilities and the costs of returning it to the buyer if the product to which the warranty applies is found to be defective.

6.2. Buyer acting for non-professional purposes:

The buyer benefits from legal rights under the law of September 1, 2004 regarding consumer protection in the case of sale of consumer goods. For second-hand goods, the warranty period is one year from the date the item is delivered.

In accordance with Article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within a period of two months from the day on which the consumer noticed the lack of conformity. The commercial warranty applies without prejudice to these rights.

The original invoice must be presented for any warranty claim to verify that Quatrième Dimension is indeed the final seller of the product. The warranty is no longer applicable if the serial numbers do not match, if any seals have been broken, damaged or moved. In addition, the customer is requested to present the equipment for which they wish the warranty to be applied in its original packaging, complete with all its accessories.

In accordance with the law, the consumer has the right to notify the seller that he is renouncing his purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract. This right of withdrawal does not apply to the professional buyer.

The consumer buyer can also exercise this right by sending us this form.

The consumer is informed that he cannot exercise his right of withdrawal in the following cases (art. VI.53 of the Code of Economic Law):

• Supply of goods made to the consumer's specifications or clearly personalized;
• Supply of goods liable to deteriorate or expire rapidly;
• Supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer after delivery;
• Supply of digital content not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Within this period, the consumer must notify his decision to withdraw by means of an unambiguous declaration, either by email to the following address info@mister-transfer.com, or by post to the address of our registered office as mentioned above. In case of withdrawal, the seller shall refund all payments received from the buyer, including delivery costs but not return costs, without undue delay.

The cost of return is the responsibility of the buyer and the goods travel at his own risk.

The item must be returned in its original packaging, accompanied by all its accessories, the user manual, and must not have suffered any damage other than that resulting from the manipulations necessary to establish its nature, characteristics, and proper functioning.

The seller reserves the right to only proceed with a partial refund if it turns out that the returned item has been damaged or is incomplete.

The refund will be made no later than 14 working days following the date of receipt of the goods subject to the withdrawal request or following the date of receipt of proof of return of said goods. The refund will be made to the account through which the order was paid.

8.1. The occurrence of any event such as, but not limited to, interruptions in production, transport or delivery, strikes, lockouts, embargoes, wars, terrorist attacks or consequences of terrorist attacks, insufficient supply of raw materials, epidemics, inclement weather, and more generally, any similar event affecting the parties or their suppliers and delaying or rendering impossible the performance of their respective obligations, shall suspend the performance of their respective obligations.

8.2. The party invoking such an event shall notify the other party as soon as possible of the evidence of its occurrence. The performance of its obligations will be suspended until notification of the end of the event, it being understood that neither party may claim any compensation from the other party.

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

8.4. If the force majeure lasts for more than 60 days, the parties will make every effort to renegotiate the subsequent performance of the sales contract.

8.5. In the absence of an agreement, each party shall have the right to terminate it by notification addressed to the other party.

The seller may subcontract all or part of the performance of the sale to a third party without the prior written consent of the buyer. The seller may also assign all or part of the sale to a third party without the prior written consent of the buyer.

10.1. The seller is required to comply with 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 processing by the seller of personal data received from the buyer has the following purposes: the execution of this agreement, the management of the customer relationship, subject to the buyer's consent, the promotion of the seller's products and services, the establishment of personalised information and direct marketing campaigns, including via email.

10.2. To learn more about the data we collect and how we process it, please refer to our privacy policy available upon request or directly online via this link here.

10.3. The data controller is the managing director of the seller.

10.4. The buyer authorizes the seller to mention the sale of products or the provision of services subject to this contract, solely for the purpose of promoting the products sold and/or the services provided by the seller. The implementation of this promotion will be subject to the buyer, who may withdraw this authorization at any time. However, the buyer may never claim damages or compensation for any reason related to said promotion.

11.1. The invalidity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. In the event of such invalidity or inapplicability, the parties undertake to replace the null or inapplicable clause with a valid clause that is as close as possible from an economic perspective to the null or inapplicable clause.

11.2. The fact that the seller does not enforce these general terms and conditions of sale at a given time cannot be interpreted as a waiver of the right to enforce them later.

11.3. Any communication or notification between the parties shall be validly made by registered letter, fax, or email with acknowledgment of receipt. For the seller, it shall be sent to its registered office, and for the buyer, it shall be sent to its registered office or domicile.

11.4. These terms and conditions are subject to change at any time. However, the applicable conditions remain those communicated at the confirmation of the offer or order.