General conditions of sale webshop Thermal Focus
Company data
Thermal Focus BVBA
Steenweg op Ravels 4, 2360 Oud-Turnhout
Belgium
VAT BE0647.621.884
info@thermalfocus.eu
+32 14 42 96 50
RPR Turnhout
Article 1: General Provisions
The e-commerce website of Thermal Focus BVBA with registered office at De Vijf Kuilen 2, 2380 Ravels, BTW BE 0647.621.884, RPR Turnhout, (hereinafter "Thermal Focus") offers its customers the opportunity to purchase the products from its web store online.
These Terms and Conditions ("Conditions") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through Thermal Focus' online store, the Customer must expressly accept these Conditions, thereby agreeing to their applicability to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by Thermal Focus.
Article 2: Price
All prices stated are expressed in EURO, always excluding VAT and including all other taxes or duties to be borne by the Customer. Products with a low value may be subject to an additional charge for administration and postage.
Individuals: For deliveries and placements, the customer can sometimes choose which VAT foot is chosen. Our webshop is aimed at professional customers. Private individuals should contact us if they want a product from the webshop. Feel free to call us if this is not clear to you: +32 14 42 96 50.
Companies: A purchase by a company, with VAT nr (=non-private customer): Please note the VAT foot : VAT co-contractor designation for placement with VAT obligors is entirely under the responsibility of you as the company- feel free to inquire if you are in doubt. This VAT foot of 0% is only possible if it is intra-community acquisition or import by the company.
If delivery, reservation or administrative fees are charged, this will be stated separately before settlement.
The statement of price refers only to the items as it is described verbatim. The accompanying photographs are for decorative purposes and may contain elements not included in the price.
Article 3: Offer
Despite the fact that the online catalog and e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Thermal Focus. Thermal Focus is, as far as the correctness and completeness of the information offered is concerned, only bound to a means obligation, so the main features will be described. Thermal Focus is in no case liable in case of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about e.g. sizes, color, availability, delivery time or method or other matters, we ask the Customer to contact Thermal Focus in advance on +32 14 42 96 50 or by email info@thermalfocus.eu. Practical: it is best to mention the details discussed by telephone or by e-mail in the 'remarks' section of the order in order to avoid any misunderstandings.
The offer is always valid while stocks last and may be modified or withdrawn by Thermal Focus at any time. Thermal Focus cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Customized products such as thermal imaging cameras and accessories and consumables cannot be returned. This applies to all products on the webshop. In case of irregularities of the product or inaccuracies by the manufacturer, a return is possible. The return is at the expense of the Customer as well as the insurance of the goods in case of damage, loss or theft.
In order to avoid disputes, the work will start only as soon as Thermal Focus has received the Customer's order, which is part of the offer prepared by Thermal Focus, received in its possession by mail, fax or letter, or was offered via the webshop. In the case of cash payment, the work does not start until Thermal Focus has received the money in its account. All prices are exclusive of VAT. All offers and quotations, in whatever form, are without obligation, unless the contrary has been expressly stipulated. Offers or quotations do not automatically apply to future orders. In the case of composite prices, there is no obligation to deliver a part at a corresponding part of the price quoted for the whole.
Article 4: Online Purchases
You can put together products with no obligation to buy, and save them to revisit or buy later. You can abort the order at any stage without more, even in the payment module. So you can View or Buy, "how much would that cost me...": the cookie memory allows you to leave the store and return to your order later.
This is how it goes :
- Click on the product of your choice in the offer
- Enter the desired version or accessories as the article, if there is an additional cost you will immediately see at the top the adjusted amount incl VAT and Excl VAT
- An asterisk indicates required fields
- Click the "Add to basket" to add the product.
- At the top right of the screen you will see a shopping cart with the selected products
- Click on 'Checkout' to continue
- This checkout consists of several steps where you can enter your name billing and delivery information - you can still abort the order.
- Always click 'CONTINUE' at the bottom to go to the next step
- If delivery or installation costs are added, this will be visible in the total price you will always see.
- For the cost of delivery with placement, Thermal Focus' registered office is taken as the reference address
The Customer has the choice between the following payment methods
- Online payments can be made via debit or credit card.
- If online payment cannot be made, you may use wire transfer
- By bank transfer to account number BE 40 0017 7755 0763 -BIC GEBABEBB , Bank: BNP Paribas Fortis
Thermal Focus is entitled to refuse an order pursuant to a serious shortcoming on the part of the Customer with respect to orders involving the Customer. Thermal Focus may also refuse an order without giving any reason, but undertakes to repay the amount already paid in full within the shortest time.
Article 5: Delivery and execution of the agreement
Items ordered through this webshop will be picked up at the above address or delivered in Belgium and the Netherlands. Other countries may be subject to a different shipping rate. Thermal Focus does not deliver products to countries that are in conflict with the sales conditions of manufacturers or in conflict with legal provisions imposed by the Belgian state.
Unless otherwise agreed or expressly provided, the goods will be delivered to the Customer's address within 30 days of receipt of the order, if the products are in stock.
Any visible damage and/or qualitative deficiency of an item or other shortcoming in delivery must be reported by the Client to info@thermalfocus.eu without delay, and this within 48h after receipt of the goods. The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not offered by Thermal Focus.
Thermal Focus cannot, however, under any circumstances be held responsible for the late delivery of products as Thermal Focus is largely dependent on its suppliers. Nor can any loss (financial or otherwise) caused by late delivery or production errors be recovered from Thermal Focus.
Article 6: Retention of title
The delivered items will remain the exclusive property of Thermal Focus BVBA until the moment of full payment by the Customer. The Customer undertakes, if necessary, to draw the attention of third parties to Thermal Focus' retention of title, e.g. to anyone who might come to seize the articles that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase items online from Thermal Focus in their capacity as consumers. So right of withdrawal is not intended for businesses. If the Customer is a private individual, the Customer can contact Thermal Focus to find out whether placing an order via the webshop is possible. If yes,
- The Customer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day "on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the last good."
- When returning when purchasing a thermal imaging camera, Thermal Focus may charge a rental for the period used that corresponds to the rental amounts on the website as soon as the packaging of the equipment was opened.
To exercise the right of withdrawal, the Customer must
Thermal Focus BVBA
Steenweg op Ravels 4, 2360 Oud-Turnhout
Belgium
VAT BE0647.621.884
info@thermalfocus.eu
+32 14 42 96 50
notify, via an unambiguous statement (e.g., in writing by mail, e-mail), his decision to withdraw from the contract.
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods without delay, but in any event no later than 14 calendar days from the day on which he communicated his decision to withdraw from the contract to Thermal Focus, to
Thermal Focus BVBA
Steenweg op Ravels 4, 2360 Oud-Turnhout
Belgium
The Customer is on time if he returns the goods before the period of 14 calendar days has expired. ( Date of shipment counts.) The direct cost of returning the goods is borne by the Customer. If the product delivered to the Customer is damaged by transportation, Thermal Focus will refund the standard delivery charges.
The Customer treats the goods like a "good family man" so that the goods can be put back in the store as new and unused: a "good family man" opens the packaging carefully, looks at the parts to see if transport has been done properly, what are the nature and characteristics of the purchased good and, in case of return, can just wrap everything back nicely without more.
All returned items are carefully examined. The premise here is that the consumer may only inspect the item as they would be permitted to do in a retail store but must not have been used. Where an item has suffered any depreciation due to the Customer's use it will be charged to the Customer, with a minimum of the rental amount for the period the goods were with the Customer and any depreciation due to the Customer's use.
What does Thermal Focus expect from the returned goods to be able to refund this?
- In their original condition and packaging, with all included accessories, and operating instructions.
- No new tape, address labels or stickers on the package (an overpack is recommended)
- No traces of use.
If the Customer revokes the agreement, Thermal Focus will refund all payments received from the Customer up to that point, including standard delivery charges, to the Customer within a maximum of 14 calendar days after Thermal Focus has been notified of the Customer's decision to revoke the agreement. For sales contracts, Thermal Focus may wait to refund until it has received back all the goods, or until the Customer has proved that it has returned the goods, or until the seller has taken back the goods, if this would be the case. Whichever time comes first.
Revocation of Services
If the Customer has requested that the provision of services begin during the withdrawal period, the Customer shall pay at least the amount of the services already performed, until the moment the Customer has unambiguously and thus in writing by mail or post notified Thermal Focus.
Any additional costs resulting from the Customer's choice of a method of delivery other than the cheapest standard delivery offered by Thermal Focus will not be refunded.
Thermal Focus will refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer expressly agrees to another form; in any event, the Customer will not be charged for such refunds.
The Customer cannot exercise the right of withdrawal for:
- Service agreements after the full performance of the service such as, for example, a thermographic measurement, training or software license.
- The delivery of goods manufactured or customized according to the Customer's specifications, or clearly intended for a specific person; it also includes the combination of different products. (e.g. cameras including options, lenses, accessories)
- Agreements where the Customer has specifically requested Thermal Focus to visit him to perform (urgent) repairs or maintenance there;
- The delivery of a voucher or something similar, whose seal has been broken by the mere act of taking that voucher;
Article 8: Warranty
The warranty given by the manufacturer applies to goods, unless stated otherwise by Thermal Focus. The standard minimum warranty for goods is 1 year, which can be extended by the Customer. On demo devices the warranty is communicated separately. If not, the warranty is 6 months from invoice date. There is no warranty on consumer goods that have been used by the Customer.
To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact our customer service department and return the item to Thermal Focus at the Customer's expense. If a visible defect is established, the Customer must inform Thermal Focus as soon as possible. In any case, this defect must be reported within a period of 7 days after delivery or collection. Thereafter, any right to repair or replacement expires.
The warranty (commercial and/or legal) is never applicable to defects caused by accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Article 9: Customer service
Thermal Focus' customer service can be reached on working days at the telephone number +32 14 42 96 50 from 9 a.m. to 5 p.m. by e-mail at info@thermalfocus.eu or by mail at the following address : Steenweg op Ravels 4, 2360 Oud-Turnhout - Belgium. Any complaints can be addressed to this address.
Article 10: Penalties for non-payment.
Without prejudice to the exercise of other rights available to Thermal Focus, in the event of non-payment or late payment, the Customer shall automatically and without warning owe interest of 12% per year on the unpaid amount from the date of the default. In addition, the Customer shall be liable, ipso jure and without formal notice, for a lump-sum indemnity of 10% on the amount in question, with a minimum of €65 per invoice.
Without prejudice to the foregoing, Thermal Focus reserves the right to take back items that have not been paid for (in full).
Article 11: Privacy
The data controller, Thermal Focus respects the Belgian law of December 8, 1992 on the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes: execution of the concluded agreement, legal archiving and storage for accounting purposes; sending to customer of minimum 1 message after the completion of the order.
You have a legal right to inspect and, if necessary, correct your personal data. Subject to proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to Thermal Focus. If necessary, you can also ask to correct data that are incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To do so, you can always contact Thermal Focus or simply press the button indicating unsubscribe.
We treat your data as confidential information and will not transfer, rent or sell it to third parties. Except cooperating persons to the execution of the customer's order.
Customers are responsible for keeping their login information and password confidential. Your password is stored encrypted, Thermal Focus therefore has no access to your password.
Thermal Focus keeps online (anonymous) visitor statistics to see which pages of the Internet site are visited to what extent. In this way, the site can be improved to the customer's benefit.
If you have any questions about these privacy rules, please contact us at info@thermalfocus.eu
Article 12: cookies
This website uses "cookies" . A cookie is a text file that is placed by the website server in the browser of your computer or mobile device when you consult a website. This allows you to easily log back in and, for example, keeps your shopping cart ready with what you had already set up.
Cookies also serve to help the Web site analyze how users use the site in order to improve the browsing experience.
Cookies are not used to identify individuals (i.e. you), a cookie can only identify a machine.
The information generated by the cookie about your use of the website may be transferred to Thermal Focus' own secure servers or those of a third party.
We use this information to track how you use the website, to compile reports on website activity and to offer other services related to website activity and internet usage.
We do not collect or use information for purposes other than those described in this privacy policy unless we have obtained your prior consent.
You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this through the settings of your browser (via the help function). Keep in mind that certain graphics may not appear correctly, or that you may not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Infringement of validity - non-violation
If any provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Thermal Focus to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 14: Modification of conditions
These conditions are supplemented by other conditions explicitly referred to and Thermal Focus' general conditions of sale. In case of contradiction, these conditions take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups may serve as evidence.
Article 16: Applicable law - disputes
Belgian law applies, including the provisions of international private law on applicable law.
The agreement in all its parts is governed by Belgian law. All disputes fall under the jurisdiction of the courts of Turnhout.