Terms and Conditions
This site is owned by Batteries De Munter(hereafter THE MERCHANT) and registered in Belgium, with registered address at staakskenstraat 16 9000 gent(hereafter THE MERCHANT ADDRESS).|
Any purchase of goods from the site Microbatteryshop (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Customers and suppliers agree we only communicate in english or dutch. No other languages are supported, they will be ignored. When buying you agree you understand the above languages and will address us in this maner.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Our Delivery Terms
Deliveries are handled according to the EXW Gent ( ex work) INCOTERMS 2010 by ICC. Products are delivered upon request to the address specified by the customer on the purchase order and only to geographic zones that we service.
Stated delivery dates
Customers agree that delivery dates or E.D.D mentioned are estimates,due to force majeure by the transport companies ( traffic, strikes, weather conditions, e.a) they do not bind us at any time, nor do they give you the right for claims.
*** WE DO NOT ***: use names or addresses provided by a payment provider or separate email. The address you provide is automatically, by computer imported and printed, without human intervention. It is your full responsibility to provide us with the full and correct information in the shipping page. In case the shipment returns due to an error address, you fully agree with a refund for the product price. Not for packaging or transport. In case the product gets lost due to a faulty, incomplete or incorrect address provided by you, you agree this is your own full responsibility and no refund will be agreed on.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
If you specially request: "Standard Charge, no tracking" you request for a low-cost postal delivery without tracking option or paperwork . This deliver can take very long depending on the postal service in your country. Therefore we take NO responsibility for this service there is NO REFUND for it. We strongly advice NOT to take this option and use the " Truck transport or Confirmed Postal delivery " instead.
Delivery terms if delivering to us
The acceptation of a Purchase Order implies the acceptation by the supplier of all the General Purchase Conditions as set forth hereunder and the renouncement of the application of his general conditions, except the formal and written agreement thereof by both parties.
Deliveries are handled according to the DDP Gent ( ex work) INCOTERMS 2010 by ICC. Whatever stated on the suppliers terms and conditions.
The supplier must confirm this Purchase Order within 3 days from the date of order by signing it for approval. If he fails to do so, Microbatteryshop, batteries de Munter has the right to cancel his order without any compensation for the supplier.
A price quotation will be binding for the supplier during minimum 30 days from receipt by Microbatteryshop, batteries de Munter . The prices are fixed and not subject to any revision. The price includes all payments for the use of intellectual property rights, inclusive those of third parties. The invoices of the supplier will be paid within 60 days end of month from receipt.
The supplier warrants the free and undisturbed use of the sold goods, inclusive the delivered software. He warrants Microbatteryshop, batteries de Munter against any claim of third parties relating to these goods and he shall intervene and substitute for Microbatteryshop, batteries de Munter , without any claim against Microbatteryshop, batteries de Munter in any aspects relating to this matter. The fees of a lawyer, of the expert and of the procedure shall be borne by the supplier.
The delivered goods must be in conformity with the description thereof in the order and the technical documentation transferred to Microbatteryshop, batteries de Munter .
The delivery must take place within the delivery term agreed on. The goods are delivered "Delivery Duty Paid, VAT unpaid, and premises of Microbatteryshop, batteries de Munter at Gent, Belgium" (Incoterms 2010). In case of delay, penalties can be applied ipso jure and without any notification according to 1% of the order amount for a delay of one whole week. Microbatteryshop, batteries de Munter has the right to cancel its order if the delay is more than 5 weeks without any compensation from the supplier. Need by dates are subject to our demand planning and Microbatteryshop, batteries de Munter reserves the right to reschedule accordingly if needed. The legal cases of force majeure shall be regarded to as causes of suspension of this clause if these cases make impossible the execution of the order and provided the supplier has notified Microbatteryshop, batteries de Munter thereof by registered mail within 5 days after the case of force majeure.
The supplier warrants during a period of minimum 24 months from the date of receipt by Microbatteryshop, batteries de Munter , that the delivered goods are free from defects in design, material and manufacture, that the goods are in conformity with the specifications, drawings, examples or other descriptions mentioned in documentation transferred to Microbatteryshop, batteries de Munter and that the goods are fit to be used for the purpose they are intended to at the date of order. In case of non-conformity of the goods with the foregoing stipulations, the suppler has to replace the goods at his own costs within 15 days following the notification of the supplier. If the supplier fails to comply with this obligation, Microbatteryshop, batteries de Munter shall have the right to have executed the necessary repairs or replacements by a third party at the cost of the supplier or to send back the goods to the supplier at the cost of the supplier with reimbursement by the supplier of the paid price.
These General Purchase Conditions are subject of Belgian Law. In case of dispute regarding the execution and/of interpretation, only the courts of Gent shall be competent.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within 5 business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at the customers expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a 2 year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
Batteries will be tested by product manufacturer, only the product manufacturer will provide or agree the guarantee.
The website and shop contain many information , including clear pictures, video and datasheets. We expect you to read and check them before ordering a product.
The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods .
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, used,damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days after product arrival at THE MERCHANT ADDRESS.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the Belgian courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within seven (7) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders and to ad you to our customer mailing list. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998. By ordering you are automaticly added to our mailing list "soft opt-in" , this list is used to inform you off discounts, new products or any news about our company. You can subscribe at any moment when an email list arrives. ( The soft opt-in is activated in our shop regardless what you check at the customer form at our webshop, these in the webshop are not in use. )
"Waste batteries may not be disposed as mixed municipal waste in your waste disposal or recycling bin. You should bring waste batteries to a collection point (for instance in your local store). You can also deliver the waste batteries to to THE MERCHANT ADDRESS, who will take care for further collection and recycling, free of charge.”
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with Belgian law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the Belgian courts.in GENT.