Suppliers

1. Companies

1. General provisions

These general terms and conditions define, without prejudice to the application of specific terms and conditions, the respective obligations of the contracting parties in relation to sales and services provided by our company.

By signing the agreement or quotation, or by accepting the order confirmation, the customer expressly acknowledges that they have read and accepted these general terms and conditions.

Our general terms and conditions of sale are available on our website www.mecafluid.be; they may also be sent to the customer upon request.

Provisions not expressly waived remain applicable. Only deviations agreed to in writing by us may alter the application of these general terms and conditions.

In the event of any conflict between our customer’s general terms and conditions and our own, it is agreed that the latter shall prevail.

2. Validity of offers

Unless otherwise stipulated in writing, our quotations are valid for one month from the date of issue.

All our quotations and orders are subject to a written request from the customer. Méca-Fluid s.r.l. shall be held liable for the equipment supplied and/or service provided solely in accordance with the customer’s written technical specifications (by post, fax or email). In the event of a request made solely verbally (by telephone) by the buyer, the seller cannot be held liable for the accuracy of the equipment/service offered. The buyer is required to verify the accuracy of the order confirmation received from the seller and to report any discrepancies in writing within 48 hours if such discrepancies exist.

Any cancellation of an order must be agreed to by both parties in writing, and the buyer will be obliged to pay an amount equal to 20% of the order price, with a minimum of €125 excluding VAT.

3. Delivery

Packages and their contents must always be checked upon signing the delivery note to confirm receipt by the buyer. If a delivery appears to be abnormal due to the defective condition (external and/or internal) of the package and this leads to a customer complaint, a photograph and a description must be sent in writing to Méca-Fluid s.r.l. within 2 working days. If necessary, the parcel must be refused at the time of delivery and Méca-Fluid s.r.l. must be notified within 2 working days of the refusal. Any damage sustained by the goods during transport is the responsibility of the carrier (from the moment the goods leave our dispatch centre).

In the event of goods being returned to the seller due to an error on the part of the buyer, the equipment (excluding tubes and/or pipes), provided it is held in stock by Méca-Fluid s.r.l., may, however, be accepted for return with 30% deducted from the net sale price of the product following the seller’s approval (postage costs to be borne by the buyer) if and only if the equipment is returned in its original packaging and in its original condition (identical to that at the time of sale). If the equipment is not held in stock by Méca-Fluid s.r.l., it will under no circumstances be accepted for return.

For shipments to the Benelux countries, any order totalling less than €500 excluding VAT will be subject to a €20 excluding VAT charge for postage and packaging. For any order exceeding €500 excluding VAT, requiring only a standard delivery, there will be no additional postage and packaging charges. For any order exceeding €500 excluding VAT requiring more than one standard delivery, a €20 postage and packaging charge will apply to any delivery note relating to that order which includes goods with a value of less than €500 excluding VAT. Shipments requiring special transport will be invoiced to the customer (Ex Works) unless otherwise specified by us.

For shipments to France, any order totalling less than €500 excluding VAT will incur an additional €30 excluding VAT for postage and packaging. For any order exceeding €500 excluding VAT, requiring only standard delivery, there will be no additional postage and packaging charges. For any order exceeding €500 excluding VAT requiring more than one standard delivery, a charge of €30 excluding VAT for postage and packaging will apply to any delivery note relating to this order that includes goods with a value of less than €500 excluding VAT. Shipments requiring special transport will be invoiced to the customer (Ex Works) unless otherwise specified by us.

You will find a summary of our delivery charges on this page.

4. Delivery times

Our delivery times are estimated in good faith based on supply forecasts from our workshops, suppliers and subcontractors. We accept no liability for any delay in delivery and any right to compensation is excluded.

In the event of a delay in delivery due to an act or omission on the part of the Buyer, or if, after receiving notification that the goods are ready for collection, the Buyer fails to take delivery or does not provide adequate delivery instructions, the Seller shall be entitled to place the goods in a suitable warehouse at the Buyer’s expense. Once the goods have been placed in storage, delivery shall be deemed to have taken place, the risk relating to the goods shall pass to the Buyer, and the Buyer shall pay the Seller accordingly.

If a deadline is binding, it must be clearly specified as such on the quotation.

Even in this case, the following circumstances shall release us from our deadlines:

1 - Cases of force majeure (including, in particular, strikes, technical incidents and labour shortages);

2 - If the order to commence our services is given later than specified in the contract or our order confirmation;

3 - If the terms of payment are not met;

4 - If changes are decided by the client whilst work is in progress.

5 - If the client fails to provide us with the required information within the specified timeframe.

5. Prices

Prices are quoted in euros (specify whether VAT is included or excluded).

Our prices are in principle non-negotiable, but we may, however, pass on any changes in the VAT rate that occur prior to the delivery date.

They are based on normal, uninterrupted work, with all items to be supplied or prepared by the client being in order at the required time.

Any additional difficulties giving rise to extra work on our part, caused by any circumstances beyond our control, as well as any changes requested by the client, shall automatically give rise to additional invoicing based on our current rates at that time.

We draw our client’s attention to the fact that, in the event of a change to the service project, the work carried out and the expenses incurred in connection with the initial project will be invoiced to them

6. Payment

Invoices are payable at our head office no later than the specific due date stated on the invoice.

Payments made after this deadline shall automatically and without formal notice incur contractual interest at 12% per annum, as well as a fixed and non-reducible penalty of 15% of the invoiced amount, with a minimum of €75 as damages. In addition to this interest, the amount of our invoices may also be increased by €12.50 per letter sent and by €25 for each visit by a conciliator.

Any dispute, to be admissible, must be notified by registered post sent within 8 working days of receipt of the disputed invoice.

In the event of non-payment of an invoice by its due date, all invoices for which payment has not yet fallen due shall lose the benefit of the agreed payment term and shall become immediately payable without formal notice.

7. Retention of title

The seller retains title to the goods sold until full payment of the price and any associated costs (including any fees, interest and penalties). Consequently, the buyer expressly undertakes not to sell, transfer, pledge or otherwise dispose of the goods covered by the contract until the account has been settled.

The seller may invoke this retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the buyer and remaining without effect. The goods must then be returned to the seller immediately upon request.

The buyer shall nevertheless remain solely liable for any loss of the goods sold, even in the event of unforeseeable circumstances or force majeure.

8. Termination or rescission due to the other party’s fault

The foregoing provisions do not constitute any waiver of our right to claim, at our discretion, in the event of non-payment or failure by our contracting party to fulfil its contractual obligations, the termination or rescission of the agreement with damages.

9. Disputes

In the event of a dispute between the parties or legal proceedings for payment, the courts having jurisdiction over our registered office shall have exclusive jurisdiction.

10. Amendments to the agreement

Any amendment to the specific agreements or these general terms and conditions must be set out in a written addendum signed by all parties.

11. Severability clause

The invalidity or illegality of any of the clauses agreed between the parties, whether in the specific terms or the general terms and conditions, shall in no way render the other clauses null and void; these shall remain fully valid.

2. Consumers

1. Preamble

These terms and conditions of sale apply to all contracts concluded between, on the one hand, Meca-Fluid s.r.l., whose registered office is situated at 18 rue Frumhy, 4671 BARCHON, registered with the Crossroads Bank for Enterprises under number 0568.484.633, hereinafter referred to as "the seller ", and, on the other hand, any consumer wishing to make a purchase via the “Méca-Fluid” website (www.mecafluid.be), hereinafter referred to as “the buyer”.

The term “consumer” refers to any natural person acting for purposes outside the scope of their commercial, industrial, craft or professional activity (Art. I.1, 2°, of the Economic Law Code).

2. Purpose

These terms and conditions of sale are intended to define the contractual relationship between the seller and the buyer, as well as the conditions applicable to any purchase made via the “Méca-Fluid” website.

The purchase of goods via this website implies the buyer’s unreserved acceptance of these terms and conditions of sale. These shall prevail over any other special conditions not expressly approved by the seller.

The seller reserves the right to amend these terms and conditions of sale at any time. In such cases, the applicable terms and conditions shall be those in force on the date the buyer places the order.

3. Characteristics of the goods offered

The products offered are those listed in the catalogue published on the seller’s website. Each product is accompanied by a description provided by the seller. The photographs in the catalogue are provided for information purposes only and are not contractually binding.

4. Price

The total amount of the buyer’s order, as displayed on the seller’s website prior to final confirmation, is stated in euros inclusive of all taxes (VAT and other applicable taxes and duties) and other charges, including delivery costs.

The seller reserves the right to amend its prices at any time. However, the prices applicable to the order are those in force at the time of its confirmation. The seller also reserves the right to pass on to its prices any changes in the VAT rate that may occur before or on the delivery date.

5. Orders

The buyer wishing to purchase a product or service must:

- be over 18 years of age;

- complete the registration form or provide their customer number if they have one;

- complete the online order form, providing all the details of the selected products;

- confirm their order after checking it;

- acknowledge that they have read and accepted these terms and conditions;

- make payment in accordance with the terms and conditions;

- confirm your order and payment.

The sale is deemed to have been completed upon the seller’s confirmation of acceptance of the buyer’s order. The confirmation is sent by email to the address provided by the buyer at the time of placing the online order. In all cases, the confirmation of the seller’s acceptance of the buyer’s order shall include the total price of the order and a breakdown of its components (unit price excluding VAT, discounts, rebates, reductions, VAT taxable amount, VAT rate applied to each taxable amount, miscellaneous charges, etc.); a detailed description of the order placed by the buyer; the date of conclusion of the contract; the company name, full address of the registered office and VAT number of the seller; the name and full address of the buyer’s legal domicile; the approximate date or delivery time.

Any changes made by the customer to the order form shall only be valid provided that we have accepted and confirmed them in writing.

In the event of unilateral cancellation of an order by the other party prior to the order being prepared, we reserve the right to claim compensation equal to 20% of the total order value, in addition to any costs incurred and work already carried out.

No goods will be dispatched without confirmation of the order by the seller and payment of the total order price.

6. Right of withdrawal

In accordance with the law, the consumer has the right to notify the seller that they are cancelling their purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product (Art. VI.47, § 1, of the Economic Law Code).

Within this period, the consumer must notify their intention to withdraw by using the model withdrawal form available online on the seller’s website (Download the form here) or by sending an unambiguous statement via email to the seller’s contact address (info@mecafluid.be) setting out their decision to withdraw from the contract, and must return, within 14 calendar days of notifying the seller of their decision to withdraw, at their own expense and risk, the delivered product to the seller’s administrative headquarters (18 rue Frumhy, 4671 BARCHON).

Products must be returned in their original packaging, undamaged, accompanied by all their accessories and the original delivery note. Products returned in this manner must not have been unpacked, unsealed or used in any way. Goods that are incomplete, damaged or soiled by the customer will not be accepted.

Within 14 days of accepting the return of the goods, the seller undertakes to refund the buyer, excluding delivery costs.

Pursuant to Article VI.53(1)(3) to (5) of the Belgian Economic Law Code, the consumer may not exercise their right of withdrawal in respect of contracts for the supply of goods made to the consumer’s specifications or clearly personalised; goods liable to deteriorate or expire rapidly; sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.

7. Payment and payment terms

Payment is to be made by bank transfer only. Invoices are payable to our head office, to the account

BE90 2400 2363 2032 GEBABEBB held in the name of Marc Leclercq at BNP Paribas Fortis, no later than fifteen clear days after they are sent.

Any dispute regarding an invoice must be submitted to us in writing within fifteen clear days of its dispatch.

A consumer, as defined by the Economic Law Code, may claim compensation and interest to the extent and under the conditions set out in this clause, in the event of our failure to meet our payment obligations.

8. Deliveries

Delivery, which is our responsibility, shall be made by the means of our choice, unless otherwise agreed in writing. Deliveries are made to the address indicated on the order form.

If the buyer is absent at the time of delivery to the address provided, they may contact the seller within 48 hours to arrange an alternative delivery date. They shall also be liable for a fixed and non-reducible compensation of €13, which may not be less than the actual cost of delivery.

Failing this, or if the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or, after giving prior notice, to consider the contract as having been terminated automatically due to the buyer’s fault. In the latter case, the seller shall retain an amount equivalent to 30% of the sale price by way of compensation.

The goods are transported at the seller’s risk until delivery to the delivery address specified by the buyer. From that point onwards, the buyer shall bear sole responsibility for the risks.

In the event that the delivered goods are damaged, the buyer is obliged to refuse the goods or to accept them only by making a written reservation on the carrier’s delivery note, to be completed jointly by the customer and the carrier. Any complaint regarding the delivered goods must be received by the seller within 5 clear days of the date of receipt. The complaint must be sent exclusively by registered post to the head office: 18 rue Frumhy, 4671 BARCHON, and must be accompanied by a copy of the purchase document and the delivery note completed with the written reservation as mentioned above. After this period, no further complaints regarding apparent defects will be considered.

The delivery times communicated by the seller are binding.

In all cases, the following circumstances release the seller from its obligations regarding delivery times:

1 - Cases of force majeure (including, in particular, strikes, technical incidents, delays by the supplier, stock shortages known to the consumer at the time of placing their order, and labour shortages beyond the seller’s control);

2 - If the payment terms are not met;

3 - If changes are requested by the customer after the order has been placed;

4 - If the customer fails to provide us with the required information within the specified timeframe.

Deliveries are made by standard post or by us. Where prior agreement has been reached on this point between the seller and the buyer, the goods may also be collected from our workshop on a mutually agreed date and time.

9. Warranty

With regard to consumers, the seller guarantees the products it sells in accordance with the Act of 1 September 2004 on the protection of consumers in the sale of consumer goods (Articles 1649 bis to 1649 octies of the Civil Code).

A consumer who discovers that a product sold does not conform within two years of delivery of the goods must notify the seller within two months of such discovery by registered letter sent to the seller’s registered office (18 rue Frumhy, 4671 BARCHON). This warranty covers only lack of conformity existing at the time of delivery of the goods. Defects or damage resulting from misuse, such as water damage, oxidation, drops or impacts, negligence and wear and tear, are not covered by the warranty.

The provisions of Articles 1641 et seq. of the Civil Code relating to hidden defects are fully applicable. The products sold are guaranteed against hidden defects for a period of one year from the date of their delivery or handover. The warranty may only be invoked if the following conditions are met: (1) the defect renders the product, to a significant extent, unfit for the use for which it is ordinarily intended or for a specific use expressly mentioned in the special terms and conditions of sale; and (2) the product is or has been used under normal conditions. To claim under the warranty, the buyer must notify the seller of any hidden defects by registered letter sent to the seller’s head office (18, rue Frumhy 4671 BARCHON) within a maximum of one month after the defects were discovered or should reasonably have been discovered.

The delivery note serves as the warranty document and must be retained by the consumer and presented in its original form.

10. Liability

In the online sales process, the seller is bound only by an obligation of means; the seller shall not be held liable for any damage resulting from the use of the internet, such as loss of data, unauthorised access, viruses, service disruption or other unforeseen issues.

The information provided on the website is given in good faith. Links to manufacturers’ and/or partners’ websites are provided for information purposes only and are not contractually binding. The seller cannot be held liable for information originating from these websites.

In any event, the seller shall not be liable for the non-performance or improper performance of the contract attributable to the buyer, arising from an insurmountable and unforeseeable event caused by a third party not party to the contract or in the event of force majeure.

The buyer is responsible for the choice and use of the product delivered by the seller. The buyer certifies that they are at least 18 years of age at the time of ordering. The seller accepts no liability in the event of inaccuracies in the information provided to them by the buyer.

11. Intellectual Property

All elements of the seller’s website are and remain the seller’s exclusive intellectual property.

No one is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, any elements of the website, whether software, visual or audio.

Any simple or hypertext link is strictly prohibited without the seller’s prior express written consent.

12. Personal Data

All personal data necessary for the processing of an order is retained by the seller or its staff and may be passed on to companies with which the seller – or its suppliers – collaborates, where such disclosure is necessary for the processing of the order.

The user also authorises the seller to use this data to compile statistics in order to improve its website, the goods and the service it offers.

This information may also be used to enable the dissemination, by any means of communication, of information relating to the Seller’s commercial activities to its customers.

Finally, the seller retains personal data to facilitate future orders.

Without prejudice to the foregoing, the seller undertakes not to disclose the personal information in its possession to any other company or business.

The data retained by the seller may be requested and corrected at any time upon simple request. Such a request must be sent by email to the following address (info@mecafluid.be) or by post addressed to Mr Samuel Dumont, 18 rue Frumhy, 4671 BARCHON.

13. Evidence

The parties agree, in the context of their dealings, to accept electronic means of evidence (for example: email, automated computerised records of correspondence, etc.).

14. Dispute resolution

Except in the case of legal proceedings for payment, the parties undertake to attempt to resolve any dispute relating to the validity, interpretation or performance of the contract through mediation or judicial conciliation.

This process shall commence no later than 15 clear days after a request for mediation or judicial conciliation has been notified by one party to the other. The duration of mediation shall not exceed 30 clear days, unless the parties expressly agree otherwise.

With a view to the amicable settlement of any dispute arising from a contract for the online sale of goods or services, consumers who so wish may also contact our services directly (info@mecafluid.be) or use the online dispute resolution platform set up by the European Commission, available at the following web address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng;=FR.

The seller further certifies that it is not affiliated with any out-of-court dispute resolution body.

In the event of legal proceedings for payment or the failure of the out-of-court dispute resolution procedure, judicial mediation or judicial conciliation, the courts with jurisdiction over the seller’s registered office shall have exclusive jurisdiction, unless otherwise required by mandatory statutory provisions.

These online terms and conditions of sale and the sales contract are governed by Belgian law.

15. Severability clause

Should one or more provisions of these general terms and conditions of sale be invalidated for any reason whatsoever, this shall not render the contract void in its entirety, nor shall it prevent the enforcement of the remaining provisions.

In the event that the provision in question affects the very nature of these general terms and conditions, each party shall endeavour to negotiate immediately and in good faith a valid provision with an equivalent economic effect or, at the very least, one as close as possible to the effect of the invalidated provision.

Terms and Conditions