TERMS OF SALE
1. Standard business terms
1.1. Basic provisions
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Beta-Plus s.a.) via the shopbetaplus.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
1.2. Conclusion of the contract
The subject-matter of the contract is the selling of products.
On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Apple Pay) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the buy button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
1.3. Right of retention, reservation of proprietary rights
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
The goods remain our property until the purchase price is paid in full.
If you are a businessman, the following conditions also apply:
- We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
- You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorized to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
- In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
- If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
The statutory warranty rights are applicable.
As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
- It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
- If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
- The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by willfull intent or gross negligence;
- insofar as we have willfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
1.5. Returns policy
Within 14 days of delivery, you can return all items free of charge. The items must be returned to us as a single consignment under the original shrinkwrap (not opened).
Please allow between 10 and 14 days between receipt of returned merchandise and reimbursement of the purchase price. After receiving your returned merchandise we will notify you by email about issue of the credit note.
Please email inquiries to firstname.lastname@example.org
Digital books cannot be refunded.
1.6. Choice of law, place of fulfillment, jurisdiction
Belgian law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfillment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
2. Customer information
2.1. Identity of the seller
avenue Louise 367, B-1050 Brussels (Belgium)
VAT BE0431 478 962 - Entreprise Number 0431 478 962
Telephone: 0032 2 642 00 82
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2.2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part 1.).
2.3. Contractual language, saving the text of the contract
Contract language shall be English. The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
2.4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
2.5. Prices and payment arrangements
The prices mentioned in the respective offers represent total prices, including shipping costs but excluding customs duties.
Consignments you receive from countries outside the European Union might incur customs or import duties that are due as soon as the consignment arrives in your country. You must bear charges for customs release; we have no influence on these charges and we cannot estimate them in advance. Customs regulations vary considerably from country to country. It is advisable to contact your local customs office if you want more detailed information. Please note that as importer you are responsible for compliance with the national regulations.
If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
2.6. Delivery conditions
The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
2.7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our Terms of Sale (Part 1.4.).
3. Shipping information
All transport costs for orders are free of charge.
Unless otherwise specified in the quote, domestic delivery of goods shall be made within 4 to 7 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Sundays and other holidays.
If you have ordered articles with different delivery dates, we send the articles in several deliveries if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
4. Terms of payment
The following payment options are available:
- Prepayment via bank transfer. Choose pre-payment if you want to wire transfer the invoice total upfront to our bank account.
You will get a confirmation email containing our bank account information.
We will send your ordered items after receiving the invoice total in full.
Please transfer the order amount to the account stated in the confirmation email within 3 days time, use the order confirmation number as reference.
- Payment via credit card. We accept the following credit cards: Visa, MasterCard and American Express. Your credit card transaction is handled by Stripe using secure HTTPS protocol.
If payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.
- Payment via PayPal. Your payment transaction is handled by PayPal using secure HTTPS protocol.
Last update: 18.05.2018