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Terms and Conditions

Terms & Conditions of Mekanika, established in Antwerp, Herman De Nayerstraat 1. Version valid from 04/10/2021.

1.General

1.1 These terms and conditions apply to all offers from Mekanika. The conditions are accessible to everyone and included on the Mekanika website. On request we will send you a written copy.

1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Mekanika Europe reserves the right to change its delivery and / or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Mekanika Europe.

1.4 Mekanika Europe guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

 

2. Delivery

2.1 Delivery takes place while stocks last

2.2 In the context of the rules of distance purchasing, Mekanika Europe will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive within 1 month of placing the order a message and in that case he has the right to cancel the order without costs and notice of default.

2.3 The obligation to deliver from Mekanika Europe will, subject to proof to the contrary, be met as soon as the goods, delivered by Flux Europe have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.

2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.

 

3. Payment Facilities

3.1 Payment is made on one of the payment methods as indicated during the ordering process.

3.2 The payment term within which an order must be paid is 30 days after the invoice is sent or handed over.

3.3 Unless otherwise agreed in writing, the shipment will take place after payment has been received. A waiting period of 1 to 3 working days must be taken into account if you choose to pay by bank transfer.

3.4  Unless protested by registered letter within 7 working days after receipt of the invoice, this is deemed to have been accepted by the customer.

 

4. Prices

4.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

4.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.

4.3 ll prices on the site are in Euro and are excluding VAT. 

4.4 Companies buy VAT free except for companies located in Belgium the VAT is 21%.

 

5. View period / right of widrawal

5.1 In the event of a consumer purchase, in accordance with the Market Practices and Consumer Protection Act (art. 45 et seq.), The buyer has the right to return (part of) the delivered goods within a period of 14 calendar days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to Mekanika Europe after this period, the purchase is a fact. Before proceeding to return, the buyer is obliged to report this in writing to Mekanika Europe within the period of 14 calendar days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, Mekanika Europe will ensure that within 30 days after the receipt of the return shipment, the full purchase amount including the calculated shipping costs will be reimbursed to the customer. The return of the delivered goods is entirely for the account and risk of the buyer.

5.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by Mekanika Europe. For the latter services, in which Mekanika Europe only acts as an intermediary or agent, the general terms and conditions of said network operators will apply.

5.3 The right of withdrawal does not apply to:

6. Data Managment

6.1 f you place an order with Mekanika Europe, your data will be included in the Mekanika Europe customer base. Mekanika Europe adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

6.2 Mekanika Europe respects the privacy of the users of the website and ensures confidentiality of your personal information.

6.3 In some cases Mekanika Europe uses a mailing list. Each mailing contains instructions to remove yourself from this list.

 

7. Warranty and conformity

7.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. The statutory warranty period is 2 years.

7.2 A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance agreement.

7.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to Mekanika Europe) must immediately report these defects in writing to Mekanika Europe. Wrongly delivered goods must be reported in writing to Mekanika Europe no later than up to 2 months after delivery. For any defects in the product, there is a reporting period of 2 months, starting on the day of the determination of the defect. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.

7.4 If complaints from the buyer are found to be justified by Mekanika Europe, Mekanika Europe will, at its option, replace the goods delivered free of charge or make a written arrangement with the buyer about the compensation, on the understanding that the liability of Mekanika Europe and therefore the amount of the compensation will always be is limited to at most the invoice amount of the goods in question, or (at the option of Mekanika Europe) to the maximum amount covered in the relevant case by the liability insurance of Mekanika Europe. Any liability of Mekanika Europe for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.

7.5 Mekanika Europe is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.

7.6 This guarantee does not apply if: A) and as long as the buyer is in default towards Mekanika Europe; B) the buyer has repaired and / or modified the delivered goods himself or had them repaired or modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of Mekanika Europe and / or instructions on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.

 

8.Offers

8.1 Offers are without obligation, unless otherwise stated in the offer.

8.2  Upon acceptance of a non-binding offer by the buyer, Mekanika Europe reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.

8.3 Verbal promises are only binding for Mekanika Europe after they have been confirmed explicitly and in writing.

8.4 Offers from Mekanika Europe do not automatically apply to repeated orders.

8.5 Mekanika Europe cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

8.6 Additions, changes and / or further agreements are only valid if agreed in writing.

 

9. Agreement

9.1 An agreement between Mekanika Europe and a customer is established after an order assignment has been assessed by Mekanika Europe for feasibility.

9.2 Mekanika Europe reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.

10. Images and specifications

10.1 All images; photos, drawings, etc .; Data concerning weights, dimensions, colors, images of labels, etc. on the Mekanika Europe website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.

11. Force of the majority

11.1 Mekanika Europe is not liable if and inso far as its obligations cannot be met due to force of the majority.

11.2 Force of the majority means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Mekanika Europe as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force of the majority

11.3 In the event of force of majority, Mekanika Europe reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. Under no circumstances is Mekanika Europe obliged to pay any fine or compensation.

11.4 If on the commencement of the force majority Mekanika Europe has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

12. Liability

12.1 Mekanika Europe can in no way be held liable or accept any liability for any damage that occurs or has arisen, at any time, due to incorrect use of the devices and products, nor due to defective or incorrect use of the devices created by the devices. or composite products. Mekanika Europe can also not be held liable for the defective, non-functioning or insufficient functioning of a product or part created by the customer himself with the devices, whatever.

13. Retention of title

13.1 Title to all goods sold and delivered by Mekanika Europe to the buyer remains with Mekanika Europe as long as the buyer has not paid the claims of Mekanika Europe under the agreement or earlier or later similar agreements, as long as the buyer does the work performed or to be performed from this whether similar agreements have not yet been met and as long as the customer has not yet paid Mekanika Europe's claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in article 3: 92 BW.

13.2 The goods delivered by Mekanika Europe which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

13.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.

13.4 The customer already gives unconditional and irrevocable permission to Mekanika Europe or a third party to be appointed by Mekanika Europe to, in all cases where Mekanika Europe want to exercise its ownership rights, to enter all those places where its properties will be located and to take those goods there.

13.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform Mekanika Europe of this as soon as can reasonably be expected.

13.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to give the policy of this insurance for inspection to Mekanika Europe on first request.

14. Applicable law / competent court

14.1 Belgian law applies to all agreements.

14.2 Disputes arising from an agreement between Mekanika Europe that cannot be resolved by mutual agreement, the competent court within the district of Hasselt, Limburg, Belgium will take cognizance, unless Mekanika Europe prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.

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