Article 1: General Terms
Repairsoft offers its customers the opportunity to order air-soft accessories and related products.
The Terms and Conditions below apply on all products from the assortment and every purchase, including orders made in the web shop, which the customer places with Repairsoft, Herentalsebaan 636, 2100 Deurne, registered in the Crossroads Bank for Enterprises under the enterprise number BE0655.751.969.
The customer accepts that these Terms & Conditions are the only applicable terms, excluding his or her own general or specific (purchase) conditions, even if they would argue these are the only terms applicable.
Article 2: Price and payment
All prices mentioned are always including VAT and all other taxes for which the customer is liable. In the case that transport, reservation, or administrative costs are charged, this will be mentioned separately. The price indication refers exclusively to the products as literally described.
Repairsoft retains the right to change the prices of the offered goods at any time. When an order is being place, the price which was mentioned at the moment of the order or the order slip applies.
The customer is obligated to pay the purchase price in cash after the due date. He or she is not empowered to deduct any amount due to a proposed counter-claim.
The product image is decorative and can contain elements or products which are not included in the price. Colors can slightly deviate from the colors on the pictures. All prices on the site are under precondition of print and typing errors. We do not accept any responsibility for the consequences of print and spelling errors.
Article 3: Assortment
Every offer is only valid for customers who reside in the European Union. Our products are only destined for normal private use.
Despite that we have compiled our catalog and website with the utmost care and diligence, it is possible that the offered information is incomplete, contains material errors, or is not up-to-date.
Offers are always subject to availability and can be altered or withdrawn by Repairsoft at any given time.
Repairsoft retains the right to -without disclosing reasons- refuse orders, alter delivery periods, split orders, or apply other conditions to the delivery.
Article 4: Online purchases
The customer has the opportunity to purchase products from the Repairsoft assortment online.
The purchase is made the moment the customer receives a confirmation email from Repairsoft. The products will be delivered at the customer’s residence or at the chosen delivery address.
The customer can chose from the following payment options:
Article 5: Reservation of ownership
The products which are delivered remain the exclusive property of Repairsoft, until the moment the customer pays the total amount due.
The risk of loss or damage is on the account of the customer from the moment of delivery. The customer engages himself to point out the reservation of ownership of Repairsoft to third parties of anyone who would confiscate any not entirely paid product.
If there is any reasonable doubt with Repairsoft about a customer’s capacity to pay, Repairsoft is competent to postpone delivery of ordered goods until the customer has provided sufficient security of payment.
Article 6: Sanctions for non-payment
Without prejudice by exercise of other rights available to Repairsoft, the customer owes Repairsoft an annual 10% interest rate on the amount due in case non-payment or late payment, starting from the date of default and without reminder. The customer is legally held to a flat-rate compensation of 10% on the amount due, without reminder, with a minimum of 25 euros per invoice. Without prejudice the aforementioned Repairsoft retains the right to reposes the non- (fully) paid products and regard the agreement as being dissolved, without judicial intervention.
Article 7: Complaints and Liability
The customer engages himself to immediately investigate the delivered products whether they correspond to the order which was agreed upon. Every visible damaging and/or qualitative shortcoming of a product or other shortcoming during delivery, has to be reported immediately, under penalty of forfeiture.
Under no circumstances will Repairsoft be responsible for damage which resulted directly or indirectly from negligence or improper use of the delivered goods by the customer or due to alterations the customer has applied to the delivered goods.
Repairsoft rejects all responsibility for any immaterial, indirect or consequential damager (including, yet not limited to loss of profit, financial loss, interruption of activity, loss of data, or claims of third parties…), except for fraud, willful misconduct, or a grave error on behalf of Repairsoft.
The liability of Repairsoft is limited to the repair of faulty goods, free of charge, or replacing the goods or a component of it.
The total liability of Repairsoft is in any case limited to the invoiced and effectively paid amounts as agreed upon in the invoice.
Article 8: Guarantee
a. Legal guarantee (only for consumers)
Under the Act of 21 September 2004 regarding the protection of consumers at purchase of consumer goods the consumer has equal rights. Every product is subject to the legal guarantee from the date of purchase by (if applicable delivery to) the first owner. Each commercial guarantee leaves these rights undiminished.
In order to appeal to the guarantee, the customer must be able to present the proof of purchase.
For products which were purchased with the customer or were delivered at the customer’s residence, the customer has to contact the Repairsoft customer service beforehand after which the customer ships the product back to Repairsoft, on his or her expense.
Each hidden shortcoming has to be reported in writing, within 8 office days after discovery. Afterward every right to restoration or replacement forfeits.
The (commercial or legal) guarantee never applies to defects caused by accidents, negligence, falls, abnormal or incorrect use, use of the product contradictory with the function it was designed for, not respecting the instructions or manual, modifications or alterations to the product, forceful use, bad maintenance, abnormal or incorrect use. Slight, in commerce usual or technically non-avoidable deviations and slight difference are no ground for complaints.
This neither applies on products with a shorter lifespan, or products subject to wear.
Defects which manifest after a period of 6 months after the date of purchase, or delivery, are not considered to be hidden defects, excepts with counter-evidence of the customer.
The guarantee is not transferable.
Article 9: Statute of Limitations
The terms of this article apply only for customers who purchase products online in the capacity of consumers :
The consumer has the right to inform Repairsoft that he or she refrains from the purchase, without payment of a fine and without disclosing the reason, within a period of 14 days following the delivery of the product (“Right of Withdrawal”). The Right of Withdrawal can be exercised using a filled in template which is available at [http://economie .fgov.be/nl/binaries/Bijlage_2_WER_VI_Modelformulier_voor_herroeping_tcm325-246013.pdf] or through a unambiguous declaration stating the decision for withdrawal of the agreement.
Customers who wish to exercise the Right of Withdrawal must contact the Repairsoft customer service within 14 days after delivery and return the goods to Repairsoft within 20 days of delivery, at his or her own expense. .
Goods with a sales price of 100 Euros or more have to be sent back by courier (DHL, Fedex, etc.). Repairsoft can postpone reimbursement until the goods which are the subject of the Right of Withdrawal have been received by Repairsoft or until the customer proves these goods have been sent.
Only products which are in the original and undamaged packaging, together with all the accessories, manuals, and invoice or proof of purchase can be taken back.
In no case will be taken back:
– used, soiled, damaged, or incomplete products
– products of which the packaging (or part of the packaging) have been opened
– products which have been custom-made for the customer or which are intended for a specific person;
– products which cannot be sent back due to their nature
Article 10: Privacy
The customer grants Repairsoft permission to collect the given personal data in an automated database. Repairsoft acts accordingly to the Belgian law for the processing of personal data of 8 December 1992. Repairsoft engages itself to solely use your personal data for executing the purchase agreement of your order and to send you non-committal information or promotion campaigns of Repairsoft. Would you like to receive information via e-mail, then provide us with your email address. If the customer does not wish to receive commercial information of Repairsoft anymore, the customer has to notify Repairsoft of this.
We treat your data confidentially and will never pass these on, rent, or sell these to third parties. You can at any time, request, modify, or erase the data we keep in our Repairsoft client list and you can refuse Repairsoft to use your data to send you information. It suffices to request this in writing or per email on the following address: Repairsoft, Herentalsebaan 636 ,2100 Deurne, Belgium.
Article 11: Affection of validity – non-renunciation
In the event of any of the terms in these Conditions is declared invalid or illegal, this will in no way affect the validity, legality, and application of the other conditions.
In case Repairsoft forsakes to force one of the enlisted rights as stipulates in these Terms & Conditions, or to exercise any of these rights, this will never be considered as forsaking such term and will never affect the validity of these rights.
Article 12: Change in conditions
The Conditions have been complemented with other conditions to which we specifically refer, and the General Conditions of Sale of Repairsoft . In case of contradiction, the current Conditions prevail.
Repairsoft retains the right to alter these General Conditions without further notice. Every purchase after modification implies an acceptance of these new Conditions by the client.
Article 13: Proof
The customer accepts that electronic communications and backups can be used as evidence.
Article 14: Applicable law – Competent judge
Belgian legislation applies, with the exception of the stipulations of international private law regarding applicable law and with the Rome I ordnance regarding international Purchase Agreements regarding movable property. In case of possible conflicts the courts of law of Antwerp are exclusively competent.