GENERAL CONDITIONS OF SALE OF PRODUCTS AND SERVICES

1. IDENTIFICATION – CONTACT DETAILS

Outlet Printers is a provider of used office equipment and office machines and associated peripherals and services.

These General Terms and Conditions apply to the services and product offerings of Outlet Printers. Outlet Printers is part of Circ-El BV Registered office 3640 Kinrooi, Leuerbroek 1082, Belgium VAT: BE1009.198.688 RPR Antwerp Branch Hasselt.

e-mail: for all questions regarding our products and services, please use the e-mail address below: info@outletprinters.com

2. OBJECT AND SCOPE OF CONDITIONS

• Definitions

• In these General Terms of Sale of Products and Services, the following shall apply

definitions:

Special Conditions: any Special Conditions for a Service or Product ordered by the Customer from OutletPrinters, the contents of which are disclosed to the Customer during the ordering process. If such Special Terms and Conditions exist and they conflict with these General Terms and Conditions, they take precedence over these General Terms and Conditions;

Consumer: any Customer-natural person who acts with a purpose alien to his commercial, industrial, craft or liberal activities;

Service: any service provided by OutletPrinters on the order of the Customer;

User: any person who uses any of the Services provided by OutletPrinters, either under a direct agreement with OutletPrinters (the User-Customer) or by virtue of having accessed the Service through a Customer (User-Non-Customer) or not (e.g. ordinary visitor to a Website). Customers are considered Users but Users are not necessarily Customers.

Indirect damage: indirect damage is the direct result of direct damage and includes, but is not limited to, any financial or commercial loss, loss of clientele or savings, any commercial disruption, any increase in (overhead) costs, loss of profits, impairment of brand image, any postponement or disruption of the planning of projects or activities, loss of data and its consequences, etc;

Customer: the buyer of (a) Product(s) and / or Service(s) provided by OutletPrinters. This can be either a Consumer or a person acting in a professional capacity. The Customer is always User of the Services provided by OutletPrinters;

Agreement: the agreement concluded between the Customer and OutletPrinters concerning the sale of a Product or Service, which is governed by these General Conditions (hereinafter “Conditions” or “General Conditions”) and any Special Conditions;

Force majeure: In particular, the following events are considered cases of force majeure or accident: (1) total or partial loss or destruction of OutletPrinters’ computer system or database, when any of these events cannot reasonably be directly attributed to the provider and it has not been shown that the provider failed to take reasonable measures to prevent one or other of these events; (2) earthquakes; (3) fire; (4) floods; (5) epidemics and pandemics; (6) acts of war or terrorism; (7) strikes, whether announced or unannounced; (8) lockout; (9) blockades; (10) riots and uprisings; (11) interruption in the supply of energy (such as electricity); (12) a failure of the Internet or data storage system; (13) a failure of any telecommunications network, whether provided by OutletPrinters or a third party and any disconnection from the Internet; or (14) any other cause beyond the reasonable control of OutletPrinters;

Party: designates without distinction one of the two Parties to the Agreement;

Product: any product ordered by the Customer and delivered by OutletPrinters;

Website: a website or set of websites operated or published by OutletPrinters.

• Unless otherwise specified, terms in the plural also refer to the singular and vice versa.
• Terms that are not defined should be understood in their usual sense.
• Unless otherwise provided, the enumerations in the Agreement are never restrictive.

• Subject matter of the general terms and conditions

• The purpose of these General Conditions is to frame the sale of Products and Services by OutletPrinters to the Customer.
• The Customer who purchases Services is always considered a User of the Services provided by OutletPrinters.

• Acceptance of Terms and Conditions

• By ordering a Product or Service, the Customer unreservedly accepts the present General Terms and Conditions of which he has had prior knowledge.
• Any deviation from the Agreement must be recorded in a written document signed by both Parties.

• Modification of the General Conditions/Agreement.

• OutletPrinters reserves the right to change the Terms and Conditions at any time with prior notice to the Customer.
• The said changes shall be notified to the Customer at least one month before they take effect, in the most appropriate manner taking into account the state of the art. The Customer who purchases Services is himself responsible for informing any User-Non-Customers under his responsibility.
• In the event of a substantial change to the Agreement, the Customer will have the option to terminate the Agreement free of charge by notifying OutletPrinters of its intention to terminate the Agreement and through justification of the substantial nature of the change, before the change takes effect and no later than within one month of OutletPrinters’ notification of the change to the Agreement. If the Customer does not respond within one month of notification of the change, the Customer will be deemed to have accepted the new Agreement.

3. PRE-CONTRACTUAL INFORMATION

• Offer

• All Products and Services offered by OutletPrinters, regardless of the medium on which they are

presented (website, brochure, catalog, etc.), are described in good faith and as faithfully as possible.

• The Products and Services are offered within inventory limits.
• OutletPrinters may change its offer of products or services at any time.
• In case of prolonged unavailability of a Product, the Customer will be notified as soon as possible. If applicable, the Customer may then cancel his order free of charge.

• Price offer

• The quoted prices for the Products and Services offered by OutletPrinters, regardless of the medium (website, brochure, catalog, etc.), are subject to change by OutletPrinters without notice.
• Unless otherwise stated, prices are shown in euros and exclude VAT and any

Delivery cost.

• The price quoted for the Product or Service covers only the elements specified in the description of the Product or Service.

• Taxes – Orders within the EU

• For Customers not subject to VAT, the VAT of the EU country is applied as indicated on the invoice.
• VAT liable Customers whose registered office is in another EU country and who wish to receive their supply in that country will receive an invoice without VAT. However, they are required to declare these imports to comply with the tax regulations in their country of establishment.
• In any case, VAT liable Customers must provide their VAT number in the order form. OutletPrinters reserves the right to suspend the order if this information is not provided or if the number provided turns out to be incomplete or incorrect.

• Taxes – orders delivered and invoiced outside the EU

• OutletPrinters applies the VAT rules applicable to the sale of Products and Services to countries outside the European Union.
• In the case of an order for a country outside the European Union, the Customer is the importer of the Product(s) in question.
• There may be customs duties, local taxes, import duties or state taxes. These duties and amounts are not the responsibility of OutletPrinters. They are borne by the Customer and fall under his full responsibility, both in terms of declaration and payment to the competent authorities and institutions of his country.

• Delivery cost

• When ordering Product(s) through a transactional website of OutletPrinters, any delivery costs borne by the Customer are communicated in the summary of the online order.
• When placing an order for Product(s) through an electronic or analog channel other than those mentioned in the Article 12.1, if applicable, an estimate of the applicable delivery costs will be communicated to the Customer through the same means used to place the order. The Customer may decide to cancel his order within 24 hours of receiving this price estimate.
• In general, the delivery costs of the Product(s) are calculated based on the weight of the items to be delivered and the destination. They are generally borne by the Customer.

4. PLACING THE ORDER

• Online ordering process

• The Customer may order Products and/or Services provided by OutletPrinters, online via the websites of OutletPrinters or by any other means (telephone, pre-printed order form, etc.).
• OutletPrinters reserves the right to make confirmation of the order subject to other conditions, suspend or refuse them in the following exhaustively listed cases:
  1. Communication of manifestly inaccurate data;
  2. Incomplete or incorrect order form;
  3. Non-payment of previous deliveries or refusal of authorization by the Customer’s bank or financial institution or by OutletPrinters’ finance department;
  4. Orders of an abnormally large number of works;
  5. Orders for an abnormally high total amount;
  6. Demand to deliver in a geographic area where unreasonable risks are involved, due to uncertainty as to transportation or distribution, or due to Force Majeure.

• Payment

• Payments can be made by credit card, debit card or wire transfer. In the latter case, OutletPrinters reserves the right to make acceptance of the order or delivery conditional on receipt of payment.
• Unless otherwise agreed in writing, payments are due immediately and without discount.
• Any delay in payment shall automatically and without prior notice incur interest at 8% per year on the amounts due.
• In the event of non-payment on the due date, a conventional flat-rate compensation in the amount of 10% of the outstanding balance will be payable by operation of law and without prior notice, with a minimum of €40.

• Billing

• Customer expressly consents to the use and receipt of electronic invoices at the discretion of OutletPrinters.

• Security and archiving

• The security of electronic money transfers and the proper execution of payment orders in general are the exclusive responsibility of the financial institutions that manage these transfers.
• OutletPrinters can not be held liable for any damage resulting from any error, negligence, malfunction, defect or tort not directly attributable to him.
• It is the Customer’s responsibility to become familiar with the General Terms and Conditions and the limitations of liability applicable to the payment services he uses.

5. EXECUTION OF AN ORDER FOR PRODUCTS

• Delivery time of the Products ordered

• For shipments made in Belgium, delivery times are between:
• 5 and 7 working days if the product is in stock
• 7 to 12 business days if the product is out of stock.
• For shipments outside Belgium, the delivery time depends on the destination and stock availability and is maximum 12 working days.
• When items are available on different dates given their availability, the delivery period is based on the longest period.
• OutletPrinters always reserves the option to split deliveries.
• An order will, in general, be considered delivered within the 5 working days following the delivery of the items to the carrier in charge of the delivery.
• If the order would not have been fulfilled within 7 days of its confirmation, the Customer is requested to contact OutletPrinters to check the status of the order. In case of a problem attributable to OutletPrinters, OutletPrinters will remedy it as soon as possible. If it would appear that the shipment was lost during the delivery process, OutletPrinters will either reship them or refund the amount of the order, including the shipping costs charged.

• Transfer of ownership for the products ordered

• Ownership of the Product(s) ordered is transferred to the Customer upon receipt of full payment by OutletPrinters.

• Complaints regarding the products – deadline to file complaint

• Customers consumers enjoy the legal warranty.
• Visible defects
  1. In respect of consumers : Any defect in conformity must be brought to the attention of OutletPrinters within two (2) months of becoming aware of it. If this defect manifests itself at the time of delivery, the Customer consumer is requested to notify the carrier and/or OutletPrinters as soon as possible.
  2. Regarding companies : Any package damaged or affected by a visible defect when the Product is delivered must be refused by the Customer and returned to the carrier. Otherwise, the Customer will be deemed to have accepted the visible defect. A complaint for visible defects is only admissible insofar as it is formulated in writing within eight (8) working days following receipt of the Products. After that period, the Customer shall be deemed to have definitively accepted the delivery of the Product.
• Hidden flaws
  1. Without prejudice to the limitations of liability described in these general conditions, in case of hidden defects, which occur within two (2) years from the date of delivery, the Customer has a period of two (2) months from the discovery of this (these) defect(s) to notify OutletPrinters in writing. In this case, the customer must return the defective Product(s). This warranty applies only to sales governed by Belgian law.

6. RIGHT OF WITHDRAWAL FOR CUSTOMERS CONSUMERS

• Term and commencement

• Except for the cases of exclusion referred to above or below, the Customer -Consumer has fourteen (14) days to notify OutletPrinters of its decision to withdraw from the Agreement.
• The start of that fourteen (14) day period varies depending on the case:
  1. For a Services Agreement, the term starts on the day the Agreement is concluded;
  2. For a Contract relating to a Product: the period begins on the day on which the Customer – Consumer or a third party designated by the Customer – Consumer, who is not the carrier, takes physical possession of the Product or;
  3. if the Customer – Consumer has ordered several Products in the same order that are delivered separately, the period shall commence on the day on which the Customer – Consumer or a third party designated by the Customer – Consumer, who is not the carrier, takes physical possession of the last Product;

• Mode of notification

• Before the expiration of the withdrawal period of fourteen days, the Customer-Consumer shall inform OutletPrinters of his decision to withdraw from the Agreement.
• The Customer-Consumer notifies OutletPrinters by sending an e-mail to the address info@outletprinters.com listed on the invoices or on the order form in which he unambiguously states his decision to withdraw.
• To communicate his decision to withdraw, the Customer-Consumer may use the model withdrawal form included in Annex 2 of the Belgian Economic Code, available online at the following address: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf

• Conditions for return of the Products

• Return shipping costs shall be borne by the Customer-Consumer.
• The Customer-Consumer returns the Product to OutletPrinters at the addresses listed on the invoices, delivery notes or on the OutletPrinters website.
• The return must be made within fourteen days of the notification of the decision to revoke.

• Refund

• For the Products, OutletPrinters refunds the price paid by the Customer-Consumer within fourteen (14) days after communication of the proof of return of the Product or the effective receipt of the returned Product by OutletPrinters. The latter event constitutes the starting point of the fourteen (14) day period.
• For Services, OutletPrinters will refund the price paid within fourteen (14) days after the notification by the Customer-Consumer of his wish to exercise his right of withdrawal.
• Unless expressly agreed otherwise, OutletPrinters will use the same means of payment used by the Customer-Consumer for the refund as that used by the Customer-Consumer for the initial transaction.
• The Customer-Consumer is liable for the depreciation of the Products resulting from manipulations of them beyond what is necessary to establish their nature, characteristics and proper functioning.

• Exclusions

• The Customer-Consumer cannot exercise his right of withdrawal in the following cases:
  1. For Service Agreements, after full performance of the Service if performance has begun with the express prior consent of the Customer – Consumer, and provided that the latter has acknowledged that he loses his right of withdrawal once OutletPrinters has fully performed the Agreement.
  2. Upon delivery of goods or services manufactured or clearly personalized to the specifications of the Customer – Consumer;

7. RETURN OF PRODUCTS FOR NON-CONSUMER CUSTOMERS

• Return of Products for Customers Not – Consumers

• Customers who are not Consumers may request the return of Products purchased from OutletPrinters within eight (8) days of receiving the order.
• OutletPrinters is completely free to allow or refuse the return of these Products. Only Products in perfect condition will be accepted.
• In case OutletPrinters agrees to the return of the Product(s) in question, the return will be made according to the modalities determined by OutletPrinters.
• The refund of the price paid – excluding the delivery and return costs borne by the Customer – will be made within thirty (30) days of receipt of the Products, provided they are returned in perfect condition. The refund will be made by transfer to the account number provided by the Customer when requesting the return. Where applicable, a penalty may be claimed from the Customer, which will be deducted from the amount to be refunded.

8. Other general operational provisions

• Protection of personal data

• OutletPrinters has received the personal data of the Customer in the context of the order of Products and / or Services provided to it by the Customer. The Customer’s personal data will only be processed to the extent and for as long as necessary to provide the Product and/or Service.
• The Customer may contact OutletPrinters to exercise the following rights: a request to access or correct his/her personal data; a request to delete his/her data; a request to restrict the processing of his/her data; an objection to the processing of his/her data; a request to transfer his/her data.
• The Customer may exercise these rights or file a complaint with OutletPrinters at info@outletprinters.com. OutletPrinters respects all rights regarding the Customer’s personal data to which the Customer is entitled under applicable law. However, if the Customer believes that OutletPrinters is not acting in accordance with the law, he can file a complaint with the Belgian Data Protection Authority.

• Intellectual property

• Various trademarks and logos may appear on the Website, Products and carriers of OutletPrinters. These are trademarks or registered trademarks of OutletPrinters. These trademarks and logos may not be used by Customers or third parties in a manner that is likely to cause confusion, or in any other manner that damages, disparages or discredits OutletPrinters. Other trademarks or logos – in particular trademarks or logos of partners – may also appear on the Website, the Products or other Services offered by OutletPrinters. These trademarks or logos are the property of their respective owners, who may or may not be affiliated with OutletPrinters.

• Liability

• All commitments of OutletPrinters are basically means commitments.
• OutletPrinters can not be held liable for inconveniences or damages inherent in the use of the Internet, in particular an interruption of the Service, external intrusion or presence of computer viruses, attempted fraud by phishing (or other technique), misappropriation or theft of information or any event considered as force majeure.
• OutletPrinters disclaims all liability in case of non-compatibility of the Customer’s computer installation (hardware and software). The Customer must properly inquire about hardware or software compatibility before placing an order.
• OutletPrinters disclaims all liability for damages of any kind, physical or material, resulting from inappropriate use or use contrary to the purpose of the Product supplied by OutletPrinters.
• Regardless of the Service or Product provided, OutletPrinters disclaims all liability:
  1. For Indirect Damages;
  2. When the Customer fails to cooperate properly in the performance of the Agreement;
  3. Upon exhaustion of stock or unavailability of the Product;
  4. In case of Force Majeure;
  5. In case of breakdown, epidemic or pandemic, lockdown, total or partial strike, especially of postal services and means of transportation and/or communication, flood, fire;
• In any case, except for physical damage or death of the Customer due to an act or omission of OutletPrinters, the liability of OutletPrinters is limited to the price of the Product or Service ordered by the Customer. If the price of the Product or Service ordered exceeds € 250, the liability of OutletPrinters is in any case limited to € 1,500,000

• Applicable law

• The law applicable to the interpretation and performance of the Agreement is Belgian law, to the exclusion of any other law. If the Customer is a Consumer, only the law of the country of his residence shall apply.
• The application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

• Disputes

• The Parties shall always attempt to resolve amicably any dispute concerning the interpretation or performance of the Agreement. Where appropriate, at the request of either Party, a mediation meeting may be held in the presence of a mutually selected accredited commercial mediator. However, this is not a mandatory condition for initiating legal proceedings.
• Any dispute regarding the execution or interpretation of the Agreement falls under the exclusive jurisdiction of the courts of the judicial district of Antwerp – Antwerp Division.
• However, if the Customer has the capacity of a Consumer, the court of the judicial district of his residence shall have exclusive jurisdiction.
• The proceedings shall be conducted in the language of the Agreement
• 5. If the Customer is a Consumer and he wants an out-of-court solution, he can also use the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL

9. Varia

• Proof

• The parties expressly agree to accept electronic documents as evidence.
• The entire procedure of placing an order (choice of Product or Service, data entry, confirmation of the order, payment, etc.) counts as proof of acceptance by the Customer of the Contract and/or placement of the order.

• Transfer of the Agreement

• OutletPrinters may transfer the Agreement or any part thereof, including the claims and debts attached thereto, to another company at any time, with prior information to the Customer.

• Integrality

• Unless otherwise agreed in writing, the parties exclude all other agreements or contractual conditions, including those communicated by letter, e-mail or on the back of another document, which would not have been expressly disputed by OutletPrinters. If the order form of OutletPrinters contains special terms and conditions, these take precedence over these General Terms and Conditions.

• Nullity

• The possible illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) does not affect the legality of the remaining articles, paragraphs or provisions of these General Conditions, nor the rest of that article, paragraph or provision, unless the text clearly shows otherwise. If any part of these General Conditions is held to be completely invalid, OutletPrinters will replace it with a provision that comes as close as possible to the economic effect of the provision held to be invalid.