The following standard contract terms shall apply to each contractual relationship between CIS Solutions and the customer who, as a result of a purchase, expressly confirms having read, understood and accepted these Terms and Conditions prior to the purchase. Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby objected to. Additionally, when both parties expressly give preference in writing to a deviation from these terms and conditions or to a special agreement, these terms and conditions shall at least continue to apply.
Consumer in terms of these standard contract terms is any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities.
Merchant is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities.
Customer is anyone of the above defined words. Hance it can be a consumer or a merchant.
Products are goods and/or services that CIS Solutions sells through its website eshop.cis-solutions.be or through direct contact.
2. Offer and Conclusion of the Contract
Our range of articles displayed on the webshop is not binding. The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. The purchase contract is accomplished as soon as we confirm the order or with delivery of the goods and confirmation of dispatch.
Our price quotes and offers always apply only before the time mentioned in the quote/offer. In principle, 30 days after having been created. Orders, agreements or other arrangements are solely valid if these have been confirmed in writing by an authorised representative of CIS Solutions.
Quotes and offers are made for the merchant with all reservation and are without obligation on the part of CIS Solutions.
The party signing a purchase order for the customer is committed jointly with the customer on whose behalf he is acting.
The customer acknowledges having been sufficiently informed by placing the order or upon issuance of the product in view of repairs.
Any cancellation of the agreement needs to be done by registered letter for the merchant. It is only valid provided that CIS Solutions has expressly accepted it. In the event of such an acceptance, the merchant owes a lump-sum compensation of 20% of the value of the agreement in question, unless CIS Solutions demonstrates more damage, in addition to the compensation of the previously rendered services.
3. Prices, Postage and Packaging, Reshipment Charges, Partial Delivery
The agreement has been entered into at the prices mentioned on the invoice and according to the payment method provided therein, except in case of mutually agreed upon variations of the original offer that were confirmed by CIS Solutions.
CIS Solutions is entitled to make changes to the agreement and/or to the agreed price in the event of unforeseen circumstances, and to implement changes in the applicable contract terms and conditions in relation to the merchant.
Generally, for orders placed through the e-Shop our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid.
Repairs and interventions need to be compensated at the usual and applicable rate.
Offered licenses are always valid for the period stipulated in the license (1, 2 or 3 years) and are extended for the same period each time, in the absence of notice, which needs to be given at least 3 months prior to the expiration date.
For the merchant : all prices do not include VAT nor other costs (transportation, packaging, insurance, import and export tax, and the like), unless explicitly provided in writing otherwise. The VAT is payable by the merchant. CIS Solutions reserves itself the right to charge 4.00 Euros in extra administrative fees to execute orders that are worth less than 125.00 Euros, VAT excl. Ordering fees in the amount of 9.00 Euros will be due for every order below 50 Euros. Shipping fees in the amount of 15 Euros will be charged for every order below 500.00 Euros but higher than 50.00 Euros.
For the consumer : all prices include VAT. In the absence of any express agreement in writing to the contrary, our prices shall not include packaging, transportation, possible cash on delivery charges and the like.
Packaging materials shall become the property of the customer.
Costs for postage and packaging are to be borne by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone or a direct order, they shall be quoted and shown separately on the invoice. The mode of shipment shall be chosen by the customer or, in the absence thereof, by CIS Solutions according to the most feasible arrangement. An overview of the applicable shipment and payment options as well as the relevant prices shall be published on our websites.
In the event of partial shipments that have been arranged without consultation with the customer by CIS Solutions, follow-up shipments shall be made free of shipping charges. In the event that a customer wishes for shipment in specific lots, the additional agreed costs for the shipment of each lot shall be borne by the customer.
A consumer has the right to revoke his/her declaration to conclude a sales contract. These detailes are described into paragraphe 9 below.
Through our e-Shop we only foresee shipment within Belgium and not abroad. However if you would like to order from another country or simply ship towards another country, simply contact us. We will find a solution that fits both your needs and our service level.
4. Delivery Period
The estimated delivery and/or implementaion periods are dependent on the products. These periods are displayed on our website through symbols or specific comments or are communicated to the customer on the purchase order. In the event that a delay of the estimated delivery and/or implementation occurs after an order has been made, the customer shall automatically be informed by e-mail.
The delivery and/or implementation periods are provided for the merchant only for information purposes and are not binding for CIS Solutions, unless expressly agreed upon otherwise between the parties. A delay in the delivery and/or execution can never result in a fine, compensation, dissolution of the agreement or refusal to receive the Product.
Provided that the customer is a consumer, he is entitled to cancel his/her order or to make modifications to such order free of charge at any time prior the revocation right takes effect, unless otherwise agreed.
Partial deliveries and/or executions are permitted. CIS Solutions reserves itself the right to invoice these partial deliveries and/or executions as the work progresses.
5. Renting of products
In the event that Products are rented, this will always result in the creation of a contract with start and end date and the letting. The Products always have to be returned in the condition in which these were at the time of receipt. Defects that are caused during the letting period are recovered from the renter except for manufacturing errors. Products intended for letting are picked up at CIS Solutions’ address, stated at the bottom, and need to be returned to that location at the agreed end date before 19.00 CET. If this is not the case, CIS Solutions is entitled to charging one additional day of rent at a time. Possible shipping costs, lamps and batteries are payable by the renter.
6. Force Majeure
If CIS Solutions cannot carry out the order due to a case of force majeure, including accidents, war, strikes, lockouts, insurrections, delays of the suppliers, lack of means of transportation, natural phenomena such as volcanic eruptions, etc., CIS Solutions is entitled to terminate the agreement without owing any further compensation to the Buyer.
7. Passage of risk and guarantee
Cfr Warranty Policy
Unless otherwise agreed, all invoices by CIS Solutions shall be payable immediately without any deductions.
The customer shall be entitled to choose among several different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer´s account. The various possibilities are displayed in the product basket .
CIS Solutions hereby reserves the right to fill the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offeror of the respective payment mode has rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order.
Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
Cheques are not accepted.
In the event of default of payment, CIS Solutions shall be entitled to charge costs. Every invoice of which the amount is not or not completely settled at the expiration date, is increased by law with a lump-sum and non-reducible compensation that is equal to 10% of the amount owed, with a minimum of € 50.00 without requiring proof of default. Furthermore, the law stipulates that arrear interest is owed that is equal to the legal interest rate in accordance with the law of 2 August 2002 to combat the payment arrears regarding commercial transactions with respect to the merchant (i.e. 8% for 2013), and equal to the general legal interest rate with respect to the consumer (i.e. 2,75% for 2013), without requiring prior proof of default for this purpose. Every month that has started is hereby considered as a complete month. Partial payments will first be used to cover the expenses, interest and compensations to be deducted from the main balances afterwards.
In case of non-fulfillment of the agreed payment conditions, all outstanding invoices and/or debts become due immediately and CIS Solutions has the right, without any proof of default or judicial intervention, to suspend the further deliveries and/or services or to consider the agreement dissolved without prejudice to its claim to damages.
The payment implies that the merchant considers the delivery to be in conformity.
In the event of a dispute, the merchant needs to contest the invoices by means of a registered letter within 8 calendar days upon receipt thereof on penalty of dissolution.
A possible complaint from a merchant shall not be able to result in any postponement of payment; immediate payment can be demanded of what is owed in due course.
9. Reservation of Title
All items delivered by CIS Solutions remain its property until such items have been paid in full and all claims resulting from the transaction have been met. This shall also apply to conditional claims. Until then, the customer is not entitled to alienate, pledge and make the Products immovable or use these as collateral in the broadest sense of the word.
On the contrary, the risk with regard to the Products is transferred at the time of the sale.
If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of items owned or co-owned by CIS Solutions must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which CIS Solutions undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims (including all claims for balances under the current account) which arise in connection with the items being sold on or on any other legal grounds to CIS Solutions. The customer is hereby irrevocably entitled to collect on its behalf and for its account all claims assigned to CIS Solutions. This direct debit authorisation may be revoked if the customer does not meet its payment obligations in an orderly manner.
10. Right of Revocation for consumer
Cfr Return Policy
11. Data Protection
12. Assignment of Claims
The compensation for which CIS Solutions can be liable towards the merchant based on this agreement, whatever the cause, nature or the object of the claim, is maximum 20% of the invoice value in question. In the event that the merchant believes he can claim such a compensation, he needs to prove the defects and his damage irrefutably. He is not permitted to withhold or postpone the payment of outstanding invoices.
However, it will not be possible to hold CIS Solutions accountable for:
These standard terms and conditions contain all rights and obligations of the contract parties.
These standard terms and conditions of sale do not harm the exercise by CIS Solutions of all other legal or contractual rights it is entitled to.
In case of a dispute with regard to the validity, interpretation and implementation of these general terms and conditions: only the courts of Leuven are competent with respect to the merchant, without prejudice to the right for CIS Solutions to take judicial measures for the courts of the jurisdiction of the merchant.
Regarding commerce with end-consumers, only the courts of the place of residence of the consumer are competent. With respect to the consumer within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.
If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange.
All expenses in connection with the collection by means of legal action, including fees, will be charged to the customer.
These general terms and conditions are governed exclusively and must be interpreted in accordance with Belgian legislation, with the exception of the Vienna Sales Convention. The provisions of the UN Convention on the International Sale of Goods shall not apply.
A possible default of CIS Solutions to demand the implementation of the stipulations of these general terms and conditions of sale will not be able to imply the renunciation or dereliction of the application of these or any other stipulation.
In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.
If you have any questions or comments concerning our products, services or the company, please do not hesitate to contact us.
Tel.: +32 (0)468 17 69 44
Managing Director: SAMYN Karl
Commercial Register: 0525 626 667
VAT-No.: BE 525 626 667