General terms and conditions of sale
The special conditions and the present general conditions of sale constitute the contractual framework. The general conditions apply to any order of these products placed by the customer.
They are available to and accepted by the customer, who acknowledges that they are applicable to all transactions concluded with NOATEC.
Any general terms and conditions of the buyer will be considered null and void, even if they state the contrary.
The customer declares to be legally capable and to be at least 18 years old on the day of placing the order.
He/she undertakes to provide information that is accurate, precise and up to date. He declares to be the holder of the credit card and/or PayPal account with which the payment of the ordered products will be made or confirms to have the authorization in good and due form of the holder.
Unless otherwise stipulated, offers and price discounts are valid for 30 days.
The customer validates his order by mail, e-mail or online after having accepted the present conditions of sale. The customer is required to check each element of his order before confirming it. When the customer clicks on an icon whose wording generates a commitment that any Internet user would understand, he is bound by this click. This is for example the case of the icons "Validation", "Payment" or any other similar title.
Noatec reserves the right not to validate/execute the order in particular in the following cases
in case of products not available in stock. Noatec only offers for sale on its website products that are available in stock. The offers of services and prices are valid as long as they are visible on the site. However, in case of an order for a product that, for whatever reason, is no longer available in stock, Noatec will inform you and cancel the order for the product not available in stock;
In case of refusal to validate the payment by the issuer of the payment card used by the customer, or in case of fraud or reasonable suspicion of fraud;
In case of a large order of the same product or to the same delivery address;
In such a case, the sums, if any, paid by the customer will be fully refunded as soon as possible, the order will be cancelled and the purchase contract will not be deemed concluded.
The internet purchase contract is concluded by Noatec sending an e-mail confirming the shipment of the order. This e-mail is sent within two working days after Noatec has received the customer's order. The customer undertakes to keep a copy of this e-mail and these terms and conditions, either by printing them out or by keeping them on a durable medium.
Notwithstanding other written evidence or any evidence kept on another durable medium to which you have access, it is agreed that the computerized records, kept in our computerized systems or in those of our host, will be valid as proof of communications, the content of orders, their date and payments between the parties.
The prices displayed are in EURO, all taxes included. Shipping costs are extra. The amount of the VAT is 21% and the shipping costs appear on the screen at the end of the selection of the various products by the customer. The payment of the price is due at the conclusion of the contract.
Terms of payment - contractual interest - penalty clause
Unless otherwise stipulated, all our invoices are payable in cash.
In the event of non-payment on the due date, the invoices shall bear interest equal to the applicable legal rate, increased by 2 percent, without prior formal notice. If no payment is received by NOATEC within 8 days of the sending of a registered reminder or any other means that has been answered by the debtor, the debtor will be obliged, in application of articles 1139 and 1150 of the French Civil Code, to pay NOATEC an irreducible fixed compensation of 15% of the invoice amount with a minimum of 100 €.
The delivery times indicated on the order form, quote, or website are given as an indication only and are not binding. The customer may not claim damages or terminate the sale if the delivery time is not respected, unless NOATEC is guilty of gross negligence.
The delivery of the product is done by parcel, by postal way, by the intermediary of a company of transport mandated by our care to the place of delivery which you will have indicated.
Delivery times are generally between 2 and 5 working days unless otherwise indicated or in particular in cases of force majeure (strikes, blockages of road, rail or air networks, bad weather, ...).
All risk of loss or damage to the product passes to the customer upon receipt of the product by the customer, i.e., upon the customer, or a third party designated by the customer other than the carrier, taking physical possession of the product.
All complaints relating to a defect of the delivered products, to an inaccuracy in the quantities or to an erroneous reference compared to the confirmed order, must be notified to our customer service by registered mail, the coordinates of which are indicated in the preamble of the present, within eight working days after reception of the products, failing which the right to the complaint will cease to be acquired.
The legal guarantees apply to our products. This guarantee cannot be invoked in the case of incorrect use or the intervention of an external person on the material.
Right of withdrawal / Returns
The consumer customer has the right to withdraw from his order, without having to give reasons, within fifteen (15) calendar days, starting from the day the customer, or a third party designated by the customer other than the carrier, takes physical possession of the product.
In order to exercise this right, the customer must inform Noatec of his decision to withdraw before the expiration of the fifteen (15) day period: by letter sent by post to the following address: 6 rue Arsène Grosjean, 5020 Temploux, Belgium or by e-mail to email@example.com. The customer can also use the sample withdrawal form attached here.
Noatec will then inform you of the terms and conditions for returning the product. Noatec reserves the right not to accept any return that does not comply with these instructions.
The consumer customer undertakes to return the product without delay or at the latest within fourteen (14) calendar days following the communication of his will to withdraw.
Noatec shall bear the costs of returning the product if a problem occurred in the processing and delivery of the order that is attributable to us. Otherwise, the direct costs of returning the goods shall be borne by the customer.
Noatec shall refund the amount paid for the order, including the delivery costs (except for the additional costs due if the customer has selected a more expensive delivery method than the standard delivery offered), at the latest fourteen (14) calendar days after the day Noatec has been informed of the decision to withdraw. However, Noatec reserves the right to postpone the refund until it has received the product or until the customer has provided proof of shipment of the product, whichever comes first.
The customer may be held responsible for the depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper use of the product.
The customer may not damage, soil or abnormally wear the product and the packaging.
The product must be returned intact with all accessories in its original packaging.
Security and confidentiality
NOATEC complies with all data protection requirements.
Reservation of title
The sold products remain the exclusive and inalienable property of Noatec until the full payment of the product price. In case of late payment by the customer, Noatec may claim the immediate return of the delivered products without prior summons and/or formal notice. The costs of recovery and transport will be charged to the customer.
Limits of liability
Noatec reserves the right to refuse an order, without being liable for it, for example, but not limited to, the communication of obviously erroneous data, non-payment or refusal of authorization by the customer's financial institution, orders for an abnormally high number of products, etc.
In case of non-performance, Noatec shall not be liable if the non-performance of the purchase contract or its improper execution is attributable to the customer, or is attributable to the unforeseeable and insurmountable act of a third party unrelated to the service, or finally, is attributable to a case of force majeure.
Given the current state of technical devices, Noatec cannot guarantee that data communication via the Internet is error-free and/or possible at all times. Therefore, Noatec shall not be liable for technical and electronic errors beyond its control, in particular for delays in order processing.
Applicable law - settlement of disputes
The contractual relationship between Noatec and the customer is subject to Belgian law. Any dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of the contract shall be governed exclusively by Belgian law and shall fall under the exclusive jurisdiction of the courts of Namur.
The choice of law cannot, however, result in the consumer client being deprived of the protection afforded by the provisions which cannot be derogated from by agreement under the law which would have been applicable in the absence of the choice. The choice of law does not permit derogation from the mandatory rules of international law in relation to the law of the court seized.
The language of the contract is French.
If one or more provisions of these terms and conditions should be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, such situation shall not affect the validity of the remaining provisions. The void, invalid, illegal or unenforceable provision will be retroactively replaced by a valid and enforceable provision that is as close as possible to the content of the original provision.
NOA Technologies srl
Rue Arsène Grosjean, 6 - 5020 Temploux
Intra-community VAT number : BE0728 877 103 - ECB number : 0728 877 103
NOA Technologies srl
Rue Arsène Grosjean, 6 - 5020 Temploux - Belgique
N° d'entreprise 0728 877 103 - N° de TVA : BE 0728877103