Terms and Conditions
Article 1: Validity
These conditions apply to all our offers, order confirmations, contracts and deliveries, unless agreed otherwise in writing. The mere fact of the order implies the acceptance of these terms and conditions without reservation.
Article 2: Orders and contracts
The purchaser is bound by his order immediately. Any change to or cancellation of an order is at the expense of the purchaser. In principle, full execution of the agreement is required. In any case, all costs incurred shall be borne by the purchaser.
Article 3: Delivery periods
The delivery periods are provided for information purposes only and are therefore not binding. A delay in the execution of the order can never be a reason for compensation or for dissolution of the agreement. A contract may only be cancelled after the lapse of the delivery period with the explicit written agreement of IN2CLOUD BV.
Article 4: Cancellation
Any cancellation of an order by the customer must be in writing. It is only valid if accepted in writing by the vendor. In the event of cancellation, the customer will be obliged to pay cancellation fee. The costs already incurred by IN2CLOUD BV, the costs incurred in relation to obligations pertaining to the orders in question, as well as any indirect costs incurred and a reasonable profit of at least 15% of the total sales price will be taken into account for this.
Article 5: Delivery and shipment
The delivery is considered to have taken place at the registered office of our company or at a location designated to this end determined by IN2CLOUD BV itself. Shipment takes place at the risk and peril of the purchaser, regardless of the method or conditions of the shipment. The costs of unloading and transporting the goods to the purchaser and any transport insurance shall always be borne by the latter. Delivered goods will not be taken back.
We are entitled to suspend or cancel the delivery of goods or rendering of our services as a result of overdue outstanding invoices.
Article 6: Retention of title
The goods remain our property until full payment of the sales price plus any costs and interests has been received. As long as payment has not been made, the purchaser shall not be entitled to pledge the goods or use them as security in the broadest sense of the word. If the purchaser is in default towards us, then we are entitled to immediately and by operation of law take back what is delivered (or a part thereof) and suspend the services still to be rendered.
In this case, the customer owes us a reimbursement for the damage suffered by us with a minimum of 20% of the price of the order.
Article 7: Technical specifications
Statements regarding technical characteristics etc. of our products are without any obligation. IN2CLOUD BV reserves the right to make substitutions and changes to the specifications of good or services without prior notice. Defects must be protested against by registered letter within 8 days of delivery at the latest. IN2CLOUD BV cannot be held liable for damages and loss as a result of these defects.
Article 8: Prices
The sales prices of the products of IN2CLOUD BV are including all taxes, levies, import duties and recupel contribution imposed by the Belgian government as applicable by law, except for VAT, unless specified otherwise. The VAT is never included in the price and is always fully borne by the purchaser, unless stated otherwise. If between the order confirmation and the time of execution of the order, even if this time falls outside the indicated delivery period, the costs of the delivered product have increased for any reason, this increase will automatically be charged to the purchaser to the extent that it does not amount to more than 20%. If this increase exceeds 20%, the purchaser shall be entitled to cancel the sale, however, without being able to claim compensation.
Article 9: Payments
Unless otherwise stipulated in writing, our invoices are always payable in cash, without any discount. All prices are calculated on this method of payment. In the event of non- payment by the due date, the invoice amount shall be increased by operation of law and without notice of default by a flat-rate compensation of 10% of the invoice amount with a minimum of 125 euro to cover reminder and administrative costs, and by default interests of 10% per year.
Article 10: Adjustments and interventions
In case the user and/or the client observes one or more errors, he is obliged to provide proof thereof in order to ensure the improvement to take place in optimal circumstances. In the event of useless verifications, adjustments and improvements, relocations etc., such as by incorrect use of the equipment and/or non-compliance with the program instructions for its use and operation, the additional time will be charged in proportion to the rest of the work and in accordance with the applicable hourly rates at IN2CLOUD BV.
Article 11: Liability
We are not liable for any damage or loss, of any kind whatsoever, whether direct or indirect, that may result from the use and/or unsuitability of the goods or services delivered by us. IN2CLOUD BV is not obliged to pay any damages compensation. It rejects all responsibility, both regarding its own performance and that of third parties, be it constructions, users or any other person or company.
Article 12: Warranty
Our warranty, if provided and according to specific conditions, does not extend beyond the supply of spare parts to replace that which is defective. Concerning the factory warranty provided by suppliers, this applies equally to the purchaser.
Article 13: Disputes
The purchaser is required to take delivery of the goods immediately and check them. Complaints about the delivered goods or rendered services are only valid if they are made by registered letter. Complaints which are not formulated within eight days after delivery, performance or invoicing will no longer be accepted. In the event of judicial collection and/or challenge, only the commercial court of the judicial district in which has its registered office is competent, unless the law imperatively stipulates otherwise, and the Belgian law is always applicable.
Article 14: Miscellaneous
Each obligation entered into by IN2CLOUD BV is an obligation of means and not an obligation of result. Our company is only obliged to execute the agreement and to deliver the goods to the extent that these are still in stock or are still being produced, purchased and delivered by third parties, suppliers, and this on the domestic market. In this case, we reserve the right to unilaterally terminate the agreement without any liability or compensation on our part. If the invoices, drawn up for the creation, modification or hosting of websites, remain unpaid, we shall be entitled to demand and stop the publication on the internet or any other medium of the websites in question. The costs incurred will also be charged to the customer.