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General Sales Conditions

Application and Deviations

  1. The present general sales conditions are applicable to all ArKaos s.a. contractual transactions between the parties, notwithstanding any other stipulations on order forms or any other documents issued by the Buyer. Derogation is allowed only by express written agreement. Even then, the general sales conditions will apply for all the remaining items.

Offers and Order Confirmation

  1. Each order binds the Buyer, but only binds the Seller after written confirmation, delivery or invoicing. Only written quotations issued by the Seller will be considered as valid, for the indicated period. If no period is indicated, the quotations remain valid for 15 days. After this term, and if an order is placed, the Seller has the right to accept or to refuse the order or to change its conditions.

 Pricing

  1. The indicated prices exclude VAT and taxes. VAT and taxes will be added to the invoice when applicable. In the event of import duties payable in the country of the Buyer, those duties will be supported by the Buyer.

 Terms of delivery

    1. Physical goods (i.e. software box):
      Unless provided otherwise in writing, physical goods are dispatched within 30 days after the acceptance of the order by the seller. In the event of delivery after this period and if the seller can not prove that delivery has been attempted, the buyer has the right to cancel his order, without compensation.
    2. ESD (Electronic software distribution - i.e. software licenses):
      Unless provided otherwise in writing, software license codes and activation instructions are sent by e-mail to the address mentioned by the buyer in his account immediately after the automated payment process.

Transport

  1. Dispatch costs (guaranteed express delivery) for physical goods are at Buyer’s charge and depends on ordered products and final destination country therefore these costs will be communicated by the Seller to the Buyer during the order process and added to the price of the goods before payment.

 Retention of title

  1. The right to ownership of the delivered goods is transferred to the Buyer when the Buyer has fulfilled all obligations connected with this delivery, in particular in respect of the complete payment of the invoices. Up to that time, the goods cannot and must not be pawned or sold and the Seller retain the right to take back or demand the goods that belong to him. However, all the risks for the goods are to the charge of the Buyer as soon as the goods are put at his disposal.

 Acceptance

  1. The goods are deemed to have been accepted if no complaint has been lodged by registered mail within 8 days following their receipt.

 Complaints / Cancellations / Returns

  1. The Buyer has the right to return the merchandise to the seller within 14 days folllowing the delivery. If this delay is not respected, the seller will not accept any complaint about or cosequent return of the merchandise.
     
    1. Physical goods (i.e. software box):
      Goods must be returned in their original state (includes unopened packaging). The goods will be refunded within 30 days after the reception in our premises. The transport costs will only be refunded if there was an error on our part.
      In any case, the Buyer shall not return the goods without prior written agreement by the Seller. If the return of the goods is granted by the Seller, this return shall in no way constitute an acknowledgement which may be detrimental to the Seller.
    2. ESD (Electronic software distribution - i.e. software license):
      Software licence cannot be returned / refunded / exchanged if the activation code has been used to obtain a serial number and activate the software on a computer.
      If the license has not been used to generate a serial number it will be refunded within 30 days after the Seller's acknowledgement to the refund request sent by the User.
    3. Upgrades, updates, conversion offers and special offers:
      Upgrades, updates, conversion offers and special offers in any form cannot be returned / refunded / exchanged

    The Seller reserves the right to keep an amount of 30 EUR on each refund no matter the amount refunded in order to cover administrative costs.
    Recourse against the Seller is in any case limited to the amount of the invoice for the goods concerned. Any other form of compensation is excluded.

Force Majeure – Acts of God

  1. If the Seller or its suppliers cannot produce and/or deliver as a result of force majeure or other special circumstances such as lack of raw materials, shipping problems or conflicts of any kind (state of war, strike, lock out, unlawful occupation of premises, etc.) the Seller can decide to cancel the further (total or partial) execution of the agreement, or to postpone delivery to a later date than agreed upon, without the Buyer being entitled to any claim of compensation.

 Payment

  1. Unless provided otherwise in writing, the invoices are due upon receipt. Depending on the circumstances and in particular when the Seller ascertains a deterioration in the Buyer’s solvency, the Seller is entitled to claim all necessary financial guarantees to ensure the integral execution of his contractual obligations. This claim can be made before or after the delivery or at any moment during the execution of the contract. If the required guarantees are not provided by the Buyer, the Seller shall be entitled to suspend his obligations and to invoke the termination of the whole or part of the contract.

 Non-Payment

  1. Any invoice not paid on the due date, will legally and without notice of default be increased with 12 percent A.P.R. (Annual Percentage Rate). In addition, each overdue amount will legally be increased by 10 percent with a minimum of a fixed amount of EUR 50 in compensation for the costs incurred for the collection of the outstanding amounts. The default of payment on its due date of a single invoice entitles the Seller to terminate forthwith all ongoing contracts and makes all other invoices immediately payable, irrespective of their due date.

 Annulments or Breach

  1. In the event of non-payment, the above-mentioned clauses do not in any way keep the Seller from recording the breach of the sales agreement and/or to legally claim its annulment, as well as reimbursement of all damages at the expense of the Buyer. If there is a breach of the sales agreement by the Buyer, or it is annulled by the Buyer, wholly or in part, the latter will owe the Seller a fixed and non-negotiable amount in damages, equal to at least 20 percent of the amount of the annulled or breached sales agreement or part thereof. This does not remove the Seller’s right to seek further compensation for any other additional damages and payment of future expenses to return the goods to the Seller’s premises and/or return them to their original state. In the case the Seller would fail to fulfil his own obligations, the Buyer would be entitled to the same compensation as the Seller would be entitled to, in the opposite case.

 Intellectual property - copyrights

  1. The delivery of the goods does not imply any transfer of their copyright. Copyrights on the goods remain the sole property of the Seller. The goods or any essential part of the trademarks, drawings, models, patents, etc.. shall not be imitated or copied without prior written consent of the Seller.

 Applicable Law - Jurisdiction

  1. Any dispute between the Seller and the Buyer arising from the present contract and its execution, shall be governed by Belgian law in general and by the present general sales conditions in particular. The present contract does not fall within the provisions of the Treaty of Vienna of 11 April 1980 on the international sale of goods. In case of litigation the Courts of Brussels shall have sole jurisdiction.

 Communications and Marketing

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