The use of this website shop.crowdbeamer.com (further referred to as “Online Shop”) is subject to the General Terms & Conditions below. In these General Terms & Conditions, the following definitions shall have the following meaning:
In these General Terms & Conditions, the following definitions shall have the following meanings:
“Purchaser” means any legal (B2B) person that enters into a contractual relationship of any kind with CROWDBEAMER. Each Purchaser confirms to act for purposes related to his trade or profession, and confirms in particular to purchase the products of CROWDBEAMER for professional use. Each purchaser agrees not to purchase the products of CROWDBEAMER with the mere purpose to resell them, except as otherwise expressly authorized by CROWDBEAMER. Further also referred to as “you” or “your”.
“Products” mean all goods and services that are the subject matter of one or more sales contracts.
“Sales contract” means any contract under which CROWDBEAMER transfers or undertakes to transfer the ownership of goods to the Purchaser and the Purchaser pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;
These General Terms & Conditions shall apply to all current and future sales of Products by CROWDBEAMER to the Purchaser. By using the Online Shop and/or placing an order, the Purchaser accepts these terms as well as all other rights and obligations as stated in the Online Shop.
These General Terms & Conditions shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these General Terms & Conditions. The titles we use in our legal documents are always of mere illustrative character; they have no legal value.
CROWDBEAMER reserves the right to amend and/or supplement the General Terms & Conditions in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.
2/ OFFER AND ACCEPTANCE
We place our offers online with the utmost care. CROWDBEAMER is committed to communicate sufficient information about the features of the products, including technical descriptions (which are based on details of our partners and suppliers) and photographs or images illustrating the products (which approximate a true image of their significant features). All this in so far as technical means allow and in accordance with the best standards in the market. The images displayed in our Online Shop provide an approximate representation of the substantial features of our products.
Every offer in our Online Shop can only be seen as an invitation made to the Purchaser to treat with us, and can therefore not be considered as binding on CROWDBEAMER. An offer is only valid while stocks last. If the product is no longer in stock, we reserve the right to inform you thereof within fifteen (15) calendar days as of the order placement.
We reserve the right to attach particular conditions to a specific offer, such as a limited duration. You can rest assured that these conditions will be explicitly communicated to you prior to the order placement.
CROWDBEAMER is not bound by its offer when such offer has been compromised by a clear error or mistake. Obvious errors in price, such as obvious inaccuracies, can still be corrected by CROWDBEAMER after the conclusion of the sales contract.
All prices are indicated in EURO and exclude VAT or any other taxes. The individual product price does not include the costs of delivery and other additional costs, but we will communicate these costs in the last step of our online ordering process. The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
NOTE: CROWDBEAMER tries to communicate a full pricing but certain circumstances, such as international shipments (outside the EU) and supplemental insurance, can give rise to additional costs. These additional costs such as freight, delivery or postage costs, premiums and any other costs can only be communicated once the order confirmation is sent. These costs are always borne by the Purchaser. Import duties, when applicable, may vary from country to country, and are always borne by the Purchaser.
We have the right to change our prices at any time but commit to always apply the prices that were indicated in our Online Shop at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
To purchase a product from the CROWDBEAMER range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. CROWDBEAMER will send a confirmation of the order within seven (7) calendar days, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be deemed formed when the Purchaser has received the order confirmation email issued by CROWDBEAMER.
CROWDBEAMER retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. CROWDBEAMER will inform the Purchaser and will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if CROWDBEAMER refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Belgian Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, CROWDBEAMER can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
The price as displayed on the confirmation of order is the final price to be paid. If the Purchaser remains with any complaints regarding the pricing or the payment, he must communicate these complaints in writing within seven (7) calendar days after the confirmation of order. Other complaints must also be clearly communicated in writing within seven (7) calendar days. The filing of a complaint does not suspend due payments.
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept most valid and internationally accepted credit cards and electronic payment methods, as indicated in our Online Shop. We make use of the secured payment system of Mollie BV for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
CROWDBEAMER is only obliged to deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. CROWDBEAMER always retains ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
CROWDBEAMER processes every order with the care it deserves and within thirty (30) calendar days upon order confirmation. CROWDBEAMER has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. The delivery dates mentioned in our Online Shop have a mere indicative value. The Purchaser may terminate the agreement only if CROWDBEAMER fails to deliver the products within the communicated delivery deadline. In the event of such termination, CROWDBEAMER will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement.
CROWDBEAMER uses external parties and carriers for the execution of the delivery. This may have an effect on the delivery. CROWDBEAMER takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, CROWDBEAMER will conduct an investigation at the carrier’s end. This can take several days. During this period, CROWDBEAMER cannot provide any reimbursement or proceed to a re-delivery of the products. CROWDBEAMER explicitly limits deliveries towards the countries that are selectable in the Online Shop.
A delivery is performed as soon as the ordered products are offered one time at the indicated address. The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser. The Purchaser is required to take the instructions of the carrier into account in case of an unsuccessful delivery.
CROWDBEAMER bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from CROWDBEAMER to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
5/ DEFECTS AND COMPLAINTS
CROWDBEAMER always strives to maintain a high level of customer satisfaction. We can however not completely eliminate defects and complaints. That is why we worked out a guarantee-regime that allows us to conquer your satisfaction again. Please note that for this guarantee to be effective, certain conditions must be met. Additional commercial guarantees are also possible and are expressly communicated.
The statutory warranty period, as provided in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. The Purchaser enjoys furthermore a statutory warranty period of two (2) years after the purchase of the product. There is no warranty if the Purchaser was aware of the defects at the time of the sale.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards CROWDBEAMER in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) calendar days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photos and videos.
The Purchaser must send the defective products back to CROWDBEAMER in their original condition, including packaging, accessories, and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
The warranty is not applicable in case of:
- Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
- Damage caused during the installation and/or caused by a use that is not in accordance with the instructions and information provided. These instructions and information are also provided via electronic communication channels.
The Purchaser shall not be entitled to send back the products in the absence of a substantiated complaint. If the conditions of warranty are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered products, if the situation renders it possible. CROWDBEAMER is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
If the products have been sent back although the conditions were not met, CROWDBEAMER will send the products to the Purchaser back again. The cost of this shipment will be borne by the Purchaser. CROWDBEAMER may stock the returned products at third parties, for the account and at the risk of the Purchaser, as long as the costs of return have not been paid.
6/ FORCE MAJEURE
Force majeure exists if CROWDBEAMER is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. The force majeure shall exist in situations wherein a strange cause or an accident impedes CROWDBEAMER from performing its obligations. CROWDBEAMER is in that case not obliged to fulfill its obligations. CROWDBEAMER may suspend its obligations for the duration of the force majeure.
7/ INTELLECTUAL PROPERTY
CROWDBEAMER retains all intellectual property rights and all related rights. These intellectual property rights include copyrights, trademarks, software rights, design and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. CROWDBEAMER attaches a great importance to its intellectual property rights and has taken all possible measures to ensure their protection. Our products and trade names are protected by numerous registrations at the responsible official bodies in the form of design trademark and patent registrations. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article unless this is necessary for private use of the product. CROWDBEAMER will prosecute any violation of our intellectual property rights.
Each Purchaser of our universal portable appliance receives a limited right to use our appliance. This right is granted in a non-exclusive and non-transferable manner. We ask our Purchasers not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner.
8/ YOUR PRIVACY, OUR CONCERN
9/ APPLICABLE LAW AND COMPETENT COURT
All offers from, and agreements with, CROWDBEAMER are exclusively governed by Belgian law. The UN Sales Convention (of Vienna) is hereby expressly precluded.
Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district where CROWDBEAMER has its registered office.