1. General terms and conditions
The present general conditions define, without prejudice to the application of particular conditions, the respective obligations of the contracting parties on the occasion of sales made by our services.
By signing the agreement or the order form or by accepting the order confirmation, the customer expressly acknowledges having read these general conditions and having accepted them. These general conditions can be consulted on the Internet site www . shinka . be and appear on the invoices. Any order placed by the customer with Shinka IT SPRL therefore implies full acceptance of the conditions defined in this document.
The provisions which are not expressly derogated from remain applicable. The application of the present general conditions can only be modified by written agreement of our part.
In the event of a conflict between the customer's general terms and conditions and ours, it is agreed that the latter shall prevail.
For the application of these general terms and conditions, the term "consumer" shall be understood to mean any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity;
2. Validity of the offers
Unless otherwise stipulated in writing, our offers are valid for 30 days from the date of issue.
All orders placed with us are only binding upon us after our written confirmation.
Changes made by the customer to his order form or to our offer are only valid if we have accepted and confirmed them in writing.
In the event of unilateral cancellation of an order by the customer, we reserve the right to demand compensation of 30% of the total order amount. If we have unilaterally cancelled the order, the customer, provided he is a consumer, is entitled to claim an equivalent amount from us.
Unless otherwise agreed, the deadlines set for our services or deliveries are only indicative.
If a deadline is binding, it must be clearly stated as such on the order form. In this case, the customer is entitled to claim compensation if the delivery is delayed, up to a maximum of 10% of the total order price.
Even in this case, the following circumstances release us from our deadlines:
- Force majeure (including, in particular, strikes, technical incidents, supplier delays and shortage of manpower).
- If the terms of payment are not met.
- If changes are decided by the customer during the course of the work.
- If the customer does not provide us with the required information within the specified time.
5. Deliveries - transport
In principle, the goods must be collected by the customer from our company's headquarters within the specified period.
If we are responsible for delivery, this shall be done by the means of our choice, unless otherwise agreed in writing. In this case, the goods shall be transported at the expense and risk of the customer, unless we or our agents are guilty of fraud or gross negligence. Where the customer is a consumer, the risk of loss or damage to the goods shall pass to the customer when the customer, or a third party designated by the customer and other than the carrier, takes physical possession of the goods.
If the customer fails or refuses to take delivery of the goods ordered, we reserve the right to demand performance of the contract or to consider, after prior notice of default, the contract to be terminated by operation of law. In the latter case, the customer shall owe us, by operation of law and within eight days after notification of such termination, a fixed compensation of 30% of the purchase price.
6. Equipment and damage excluded from maintenance.
The following are excluded from the maintenance contract:
- Damage resulting in particular from an accident, negligence, malice, improper use in accordance with the manufacturer's technical specifications, a defect in the electrical network, an intervention carried out on the equipment by the Customer or a third party, and more generally any damage whose origin is foreign to the equipment itself
- the revival of external paintwork, the cleaning and dusting of the equipment
- carrying out technical modifications to the equipment requested by the Client
- the repair or replacement of any element of the equipment connected to other equipment, which does not comply with the manufacturer's technical specifications
- repair or replacement of electrical installations external to the equipment or any other peripheral element
- replacement of consumables (cartridges, print heads...), and manufacturer's maintenance kits
- breakdowns resulting from a virus
- software updates and assistance
- repair of laptop batteries and UPS batteries. In the above cases, any intervention by SHINKA IT will be subject to an estimate and a separate invoice.
7. Duty of preservation
The Customer must make and keep, under his sole responsibility, at least one backup copy of his data and programs.
Shinka IT is in no way responsible for the effective realization by the Customer of the backup of its data or for the hardware and/or computer incidents that may occur during the backup operations performed by the Customer. Except in the case of serious misconduct, Shinka IT cannot be held responsible for the loss or destruction of programs and data that may occur during an incident of any nature whatsoever during the performance of its maintenance mission.
8. Obligations and responsibilities of the customer
The hardware, software and data of the customer as well as the use which could be made of it remain of the whole and single responsibility of the customer. The customer acknowledges being informed of the risks inherent in any computer manipulation. The customer is informed that the services of Shinka IT (as well as its own intervention) can lead to a breach of the warranty of the manufacturer or distributor from whom he acquired his computer equipment.
9. Clause of property reserve
We keep our property right on the sold goods until the complete payment of the price and its accessories (possible expenses, interests and penalties). Consequently, the customer is expressly prohibited from selling, transferring, pledging and generally disposing of the goods that are the subject of the contract, before settlement of his account.
We shall be entitled to avail ourselves of the present retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the customer and remaining without effect. The goods must then be returned immediately and on request.
The customer will nevertheless remain solely responsible for the loss of the goods sold, even in case of fortuitous event or force majeure.
10. Intellectual and industrial rights
All intellectual property rights relating to the software, the documentation (drawings, diagrams, instructions, etc.) and all copies of the software belong to Shinka IT or its suppliers. The User agrees not to resell the Software or transfer it to any other hardware without the consent of Shinka IT.
11. Price - Rates
The prices are in Euros, VAT not included.
Unless otherwise agreed, they do not include transport costs, which will be invoiced separately if we are responsible for transport or its organization.
Our prices are in principle not revisable, but we can however pass on these the modifications of the rate of the V.A.T. which would intervene before the delivery date.
Any intervention by Shinka IT, even for diagnostic purposes, gives rise to a minimum charge of 100 €.
Within the framework of an on-site repair, if the customer or the person in charge of representing him were absent at the place of appointment at the agreed time, the customer undertakes to pay a compensatory allowance equal to 100 €.
Any equipment deposited for diagnosis/repair and not claimed within three months of the deposit will be considered as abandoned by its owner, and may thus be destroyed by Shinka IT, without prejudice to the application of the termination indemnity referred to in Article 5 paragraph 3.
Invoices are payable at our registered office, at the latest within 30 days of their date of issue.
Payments made after this period shall automatically and without notice of default bear conventional interest of 10% per annum as well as a fixed and irreducible indemnity of 12% of the amount invoiced, with a minimum of 50,-€ as damages.
Any dispute relating to an invoice must reach us in writing within fifteen days of its dispatch.
In the event of non-payment of an invoice on its due date, all invoices for which payment has not been received by the due date, lose the benefit of the term granted and are immediately payable without formal notice.
13.1. Customer acting for professional purposes
The warranty shall cover all apparent defects, i.e. all those which the customer was able to detect at the time of delivery or within five calendar days thereafter by a careful and serious inspection.
We guarantee the products we sell against hidden defects for a period of 12 months from delivery. This guarantee is subject to the following conditions.
The warranty can only be invoked if the following conditions are met:
- the defect renders the product, to a significant extent, unfit for the purpose for which it is normally intended or for a special purpose expressly mentioned in the particular conditions of sale
- the product has been properly assembled and placed
- the product is used under normal conditions; in particular, the warranty will not apply if the instructions for maintenance and use given at the time of delivery have not been followed, nor in the event of modification, disassembly or repair by a person who is not professionally qualified
To be able to invoke the benefit of the guarantee, the customer must notify us of any complaint relating to hidden defects by registered letter within a maximum of one month after he has noticed or should normally have noticed the defects.
Our warranty is limited, at our option, to the free repair or replacement of the defective goods. In no case will these be reimbursed. The customer shall return the defective device to our premises at his own expense and risk for repair or replacement. We shall bear the costs of returning the device to our premises and the costs of returning it to the customer if the device to which the warranty applies proves to be defective.
13.2. Consumer customer
The customer has legal rights under the law of September 1, 2004 on consumer protection in the case of the sale of consumer goods.
In accordance with Article 1649quater §2 of the Civil Code, the customer is obliged to inform us of the existence of a lack of conformity within a period of two months from the day on which he/she noticed the defect.
14. Termination of the contract at the expense of the other party
The foregoing provisions do not contain any waiver of our right to claim, at our discretion, in the event of non-payment or non-compliance by our contractual partner with its contractual obligations, the resolution or termination of the agreement with damages.
In the event of termination of the contract at the expense of one of the parties, the other party shall be entitled to a lump-sum compensation of 30% of the total price.
In case of dispute between the parties or in the event of a claim for payment, only the courts of our registered office shall be competent.
16. Changes in the agreement
Any changes to the specific agreements or to the present general conditions must be made in writing and signed by all parties.
17. Severability clause
The invalidity or illegality of any of the clauses provided for in the contracts (specific and general conditions), agreed between the parties, shall in no way entail the invalidity or nullity of the other conditions of the contract concluded between the parties, which clauses shall remain fully valid.