General conditions of sale
1 - These general conditions are applicable to contracts concluded by NEXUS COMMUNICATION SA (hereinafter “NEXUS COMMUNICATION”), with any client whatsoever, Belgian or foreign, and whatever the place of destination of the product object of the contract, or the place of publication of the product ordered, in Belgium or overseas. They apply to these contracts to the exclusion of all other conditions; they are an essential element of these contracts and their applicability is a condition of the conclusion of the contracts. Consequently, there may be no dispensation from these conditions unless NEXUS COMMUNICATION has consented in advance, expressly and in writing. The client may not claim the application of his own general conditions of purchase. If NEXUS COMMUNICATION has granted dispensation from these conditions, they shall nevertheless remain applicable in a supplementary way.
2 - The contract is concluded either through the written acceptance of the order by NEXUS COMMUNICATION, or through receipt of the offer by NEXUS COMMUNICATION signed for agreement by the client.
3 - NEXUS COMMUNICATION reserves the right to demand from the client, who accepts, a down-payment of 35% of the amount of the order prior to execution of the contract.
4 - Without prejudice to article 7, an order accepted by NEXUS COMMUNICATION may not be amended or cancelled, and the contract may only be terminated by the client with the prior and written agreement of NEXUS COMMUNICATION. If the client cancels his order or terminates the contract without the agreement of NEXUS COMMUNICATION, he shall owe NEXUS COMMUNICATION a default indemnity equal to 20% of the total value, including VAT, of the order concerned.
5 - Invoices from NEXUS COMMUNICATION are payable within a period of 30 days from the last day of the month during which the invoice was issued, to the head office of NEXUS COMMUNICATION. Any dispute must be notified in writing by registered mail within eight days of the date of receipt of the invoice. The complaint must always mention the date and number of the invoice disputed.
6 - In the event of non-payment of the invoice, interest of 12% per year shall be automatically due without notice on the amount of the invoice. Furthermore, by way of compensation, a fixed indemnity of 15% of the invoice, with a minimum of € 150.00, shall also be due. In return, non-trader clients may claim an equivalent fixed indemnity in the event of non-respect by NEXUS COMMUNICATION of its contractual obligations.
Furthermore, NEXUS COMMUNICATION reserves the right:
To suspend the execution of its obligations
To terminate the agreement, without notice and without any indemnity being due to the purchaser. In this case, NEXUS COMMUNICATION shall be released from all its contractual obligations.
7 - Circumstances such as a strike, fire, accident, technical incident, organizational difficulties internal to NEXUS COMMUNICATION, or any other similar event, are to be considered as scenarios of force majeure when they have the effect of delaying the execution of its obligations for more than 5 days. In this case, NEXUS COMMUNICATION shall be released from all responsibility and shall not have to establish the unpredictability or the irresistibility of the circumstances invoked, or the impossibility of executing the contract. Furthermore, no damages and interest may be claimed from NEXUS COMMUNICATION in this case.
When unpredictable circumstances occur not imputable to the client, with the effect of essentially changing an essential obligation of the contract, the party victim of this change may request that NEXUS COMMUNICATION adapts his obligations in compliance with the economics of the contract. NEXUS COMMUNICATION may invoke the same right with regard to the client if it is the victim of the change.
8 - The agreement shall be automatically terminated without prior notice in the event of bankruptcy, insolvency or liquidation of the purchaser or arrangement with his creditors. Furthermore, in the event of any change to the shareholding body or management staff of the client, NEXUS COMMUNICATION reserves the right to unilaterally terminate this agreement without notice, without any damages and interest being able to be claimed from it.
9 - All costs relative to bank drafts, unpaid cheques and recovery costs (including solicitors’ fees) shall be borne by the client.
10 - The client expressly acknowledges that NEXUS COMMUNICATION remains the sole holder of the intellectual property rights relative to the services it has realized for the benefit of the client, whatever the nature of these rights. NEXUS COMMUNICATION therefore remains the sole holder of copyright relative to articles, reports, illustrations and photographs in the magazines, webzines, newsletters, e-magazines etc. that it provides to the client.
The client agrees firstly to abstain from any acts that could impede the protection of the intellectual property rights of NEXUS COMMUNICATION, if this is not yet effective, and to abstain from obstructing their enjoyment by NEXUS COMMUNICATION, if this protection is effective.
11 - Any dispute relative to the formation, interpretation and execution of this contract shall be subject to Belgian law and European law. Only the courts of the judicial district of Liege have jurisdiction. The client irrevocably agrees not to dispute the law applicable to these conditions, nor the territorial jurisdiction of the judicial district of Liege.
Sales conditions within the specific framework of the Nexus Communication E-Shop
The sales conditions contained within this document and general sales conditions have the objective of defining the contractual relationship between NEXUS COMMUNICATION SA and the buyer, along with the conditions applicable to all purchases carried out via the NEXUS COMMUNICATION SA. commercial site, whether the buyer is acting in a professional or private capacity. These conditions are made available to the buyer on the ‘sales conditions’ page of the NEXUS COMMUNICATION internet site. The fact of placing an order signifies the complete and unconditional acceptance by the buyer of these conditions and of the general sales conditions.
Characteristics of the goods on offer: The products and services offered are those appearing in the catalogue published by the NEXUS COMMUNICATION e-shop. These products are offered within the confines of available stock. Each product is offered on our site, along with a description of it. The product photographs are as accurate as possible but cannot be guaranteed to be identical to the product on offer, particularly where colors are concerned.
Prices shown in the catalogue are the prices applicable on the day of the order. Nevertheless, despite our best efforts to avoid errors in data capture or automated data handling, it is not impossible that a product is presented with an inaccurate price. In such a case, we reserve the right to cancel orders. In these cases, we will invoice the product at its correct price if this is lower than the price shown. In a case where the price shown is lower than cost price, we will cancel the order and inform you of this price error and of the cancellation of the order.
The prices shown include or do not include, according to the conditions set out and defined in the NEXUS COMMUNICATION e-shop, handling, transport and delivery costs.
For all orders placed by internet, the buyer must first identify himself. To do this, he is obliged to fill out a form made available to him on which he can:
indicate all contact details requested or give his client number if he has one;
fill in the on-line order form, giving all the reference numbers of the products selected;
confirm his order after having checked it;
make payment according to the conditions specified;
confirm his order and payment.
The confirmation of the order signifies acceptance of the sales conditions contained within this document.
All of the data supplied along with the registered confirmation will constitute proof of transaction. The confirmation will act as a signature and as acceptance of the operations which have been carried out. All order forms confirmed by the buyer represent irrevocable acceptance which cannot be called into question except in the restricted cases to these general conditions set out in the article entitled ‘Right of withdrawal’.
NEXUS COMMUNICATION SA will communicate confirmation of the order registered, by e-mail.
Confidentiality of data
Data supplied by the buyer are protected in conformity with the law on the protection of persons where the handling of data which is personal in nature is concerned. The buyer has the right to access and modify at all times the data contained in his on-line account. In order to exercise the right, he can also contact NEXUS COMMUNICATION SA
Right of withdrawal
Buyers, private non-professional individuals, have a right of withdrawal amounting to seven days from the date of delivery of their order, during which they can withdraw from the contract and be fully reimbursed, apart from the costs of return of the goods. This right does not extend, however, to goods produced for the personal needs of the consumer and which cannot be re-sold due to the specific nature of the product.
All products supplied by the vendor are subject to the legal guarantee set out in Civil Law. In a case of non-conformity of a product sold, it can be returned to NEXUS COMMUNICATION SA, who will take it back, exchange it or refund it.
All claims, requests for exchange or reimbursement must be made by post to the following address: Parc Artisanal, 11-13, 4671 Barchon (Belgium) within thirty days from the date of delivery.
Archiving – Proof
NEXUS COMMUNICATION SA will archive order forms and invoices in a reliable and durable format, constituting a faithful copy. The computerised records of NEXUS COMMUNICATION SA will be considered by the parties as proof of the communications, orders, payments and transactions having taken place between the parties.
Ownership and responsibility
NEXUS COMMUNICATION SA retains ownership of the merchandise until it has been fully paid by the buyer. Transfer of ownership of the products to the buyer occurs at the moment when the full price has been paid. During the period between delivery and transfer of ownership, however, risks of loss, theft or damage are borne by the buyer. The non-execution by the buyer of his payment obligations for any reason whatsoever confers to NEXUS COMMUNICATION SA the right to demand the immediate return of the goods delivered, at the buyer’s cost and risk.
Parc Artisanal 11-13
Tel: +32 4 387 87 94