General terms and conditions of sale
The special conditions and these general terms and conditions of sale constitute the contractual framework. The general terms and conditions apply to any order of these products placed by the customer.
They are available and accepted by the customer who acknowledges that they are applicable to all transactions concluded with NOATEC.
Any general terms and conditions of the purchaser 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 the order is placed.
He undertakes to provide information that is accurate, precise and up to date. He/she declares that he/she is the holder of the bank card and/or PayPal account with which he/she will proceed to pay for the products ordered or confirms having the holder's authorisation in due form.
Unless otherwise agreed, 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 of the elements 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 hypotheses:
in case of products not available in stock. Noatec only offers for sale on its website products that are available in stock. Service offers and prices are valid as long as they are visible on the website. However, in case of an order for a product which, for whatever reason, is no longer available in stock, Noatec will inform you and will cancel the order for the product that is not in stock;
In case of refusal to validate the payment by the issuer of the payment card that the customer uses, or in case of fraud or reasonable suspicion of fraud ;
In case of an order of a large volume 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 to him/her as soon as possible, the order will be cancelled and the purchase contract will not be deemed to have been concluded.
The internet purchase contract is concluded by Noatec sending an e-mail confirming the dispatch of the order. The said e-mail is sent within two working days of receipt by Noatec of the customer's order. The customer undertakes to keep a copy of this e-mail and the present conditions, either by printing them or by keeping them on a durable support.
Notwithstanding any other written evidence or any evidence kept on another durable medium to which you will have access, it is agreed that the computerized registers, kept in our computerized systems or in those of our host, may be used as proof of communications, the content of orders, their date and payments between the parties.
Prices are displayed in EURO, all taxes included. Shipping costs are extra. The amount of VAT is 21% and the shipping costs appear on the screen at the end of the selection of the different 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 agreed, all our invoices are payable in cash.
In the event of non-payment on the due date, invoices shall bear interest equal to the applicable legal rate, increased by 2 percent, without prior notice of default. If no payment is received by NOATEC within 8 days following the sending of a registered reminder letter or any other means to which the debtor has replied, the debtor will be automatically obliged, in application of articles 1139 and 1150 of the Civil Code, to pay NOATEC a conventional, fixed and irreducible compensation of 15% of the invoice amount with a minimum of 100 €.
The delivery times provided on the order form, estimate or on the site are only given as an indication and are not mandatory. The customer may not under any circumstances invoke the non-observance of the deadlines set to claim damages or the cancellation of the sale unless NOATEC can prove gross negligence.
The delivery of the product is made by parcel, by post, through a transport company appointed by us at the place of delivery that you will have indicated.
Delivery times are generally between 2 and 5 working days unless otherwise specified or in particular cases of force majeure (strikes, road, rail or air network blockages, bad weather, ...).
Any risk of loss or damage to the product is transferred to the customer upon receipt of the product by the customer, i.e. as soon as the customer, or a third party designated by the customer other than the carrier, takes physical possession of the product.
All claims relating to a defect in the products delivered, an inaccuracy in the quantities or an erroneous reference in relation to the confirmed order, must be notified to our customer service department by registered mail, the contact details of which are given in the preamble hereto, within eight working days of receipt of the products, failing which the right to make a claim shall 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 outside person on the equipment.
Right of Withdrawal / Returns
The consumer customer has the right to retract his order, without having to give reasons, within fifteen (15) calendar days, from the day the customer, or a third party designated by the customer other than the carrier, takes physical possession of the product.
To exercise this right, the consumer customer must communicate to Noatec his decision to retract before the expiry of the period of (15) fifteen (15) days: by letter sent by post to the following address: 6 rue Arsène Grosjean at 5020 Temploux, Belgium or by e- mail to firstname.lastname@example.org. The customer may also use the model withdrawal form attached here.
Noatec will then inform you how to return the product. Noatec reserves the right not to accept returns that do not comply with the terms and conditions thus communicated.
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 retract.
Noatec will bear the cost of returning the product if a problem has occurred in the processing and delivery of the order for which we are responsible. Otherwise, the direct costs of return will remain at the customer's expense.
Noatec will reimburse the amount paid for the order, including the delivery costs (except for additional costs due in the event that the customer has selected a delivery method more expensive than the standard delivery proposed), at the latest fourteen (14) calendar days from the day on which Noatec was informed of the decision to withdraw from the contract. However, Noatec reserves the right to postpone the reimbursement 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 manipulations other than those necessary to establish the nature, characteristics and proper use of the product.
The customer may not damage, dirty or abnormally wear the product and packaging.
The product must be returned undamaged with all accessories in its original packaging intact.
Security and confidentiality
NOATEC complies with all data protection requirements.
Retention of title
The products sold remain the exclusive and inalienable property of Noatec until full payment of the full price of the product. In the event of late payment by the customer, Noatec may demand the immediate return of the products delivered without prior summons and/or formal notice. Recovery and transport costs will be charged to the customer.
Limitation of Liability
Noatec reserves the right to refuse an order, without its liability being engaged in this respect, due for example, without this list being exhaustive, to the communication of manifestly erroneous data, non-payment or refusal of authorisation from the customer's financial institution, orders relating to an abnormally high number of products, etc.
In the event of non-performance, Noatec cannot be held liable if the non-performance of the purchase contract, or its poor performance, is either attributable to the customer, or is attributable to the unforeseeable and insurmountable fact of a third party unrelated to the service, or finally, is attributable to a case of force majeure.
In the current state of the technical equipment, Noatec cannot guarantee that data communication via the internet is error-free and/or possible at all times. Consequently, Noatec accepts no liability 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, execution or non-execution, interruption or termination of the contract will be exclusively governed by Belgian law and will fall under the exclusive jurisdiction of the courts of Namur.
However, the choice of applicable law may not result in the consumer customer being deprived of the protection afforded to him by provisions which cannot be derogated from by agreement under the law which would have been applicable in the absence of choice. The choice of applicable law does not permit derogation from the mandatory rules of international law in relation to the law of the court seised.
The language of the contract is French.
If one or more clauses of these conditions should be declared null, invalid, illegal or inapplicable under applicable law, in whole or in part, such a situation would not affect the validity of the remaining clauses. The void, invalid, illegal or inapplicable clause will be replaced retroactively by a valid and applicable clause whose content is as close as possible to that of the original clause.
NOA Technologies srl
Rue Arsène Grosjean, 6 - 5020 Temploux
Intra-Community VAT No.: BE0728 877 103 - ECB No.: 0728 877 103
NOA Technologies srl
Rue Arsène Grosjean, 6
VAT number : BE0728877103