1. Application and acceptance of terms
1.1 Ordering and the sale of products via www.macupgrade.eu are offered to you by Mr Bram Van Holsbeke, a sole trader trading under the name Macupgrade, undertaking number BE0806604092, having its registered office at 192 Ridderstraat, 3000 Leuven, Belgium (hereinafter the “seller”); these standard terms are those of the seller.
1.2 “Buyer” means any natural or legal person purchasing one or more products via the web shop and any visitor to the web shop.
1.3 These sales terms are applicable to all sales offered on and effected via the web shop at www.macupgrade.eu or other contracts entered into via the web shop.
1.4 These terms apply to the exclusion of all other terms, including those applying to sales in the seller’s shop.
1.5 The seller operates exclusively in the EU and can therefore only accept your order if the delivery address is situated in the EU and the delivery address is not a post box address (except for post box addresses in the Netherlands).
1.6 By placing an order via the web shop, the buyer declares that he is aware of the sales terms and that the buyer accepts the sales terms.
1.7 In the event a court should rule that one or more clauses of these terms are invalid, the remaining provisions of these sales terms shall remain in full effect.
2. Formation of contract
2.1 A sales contract shall only be formed between the seller and the buyer once the order from a (potential) buyer has been expressly accepted by the seller, which shall notify the buyer thereof by means of a written confirmation.
2.2 Receipt of the written confirmation by the buyer is the time at which the contract is formed.
2.3 The seller reserves the right not to accept the order or, if appropriate, to rescind the contract without being liable to the buyer in any form of compensation, though any sums paid will be refunded.
In particular, such shall apply where problems have arisen in the past with the party placing the order or members of his/her family (in the case of natural persons) and if problems have arisen in the past regarding the stated delivery address or in the case of outstanding invoices.
3.1 The product prices are stated in euros and include all taxes except for shipping charges.
3.2 The seller reserves the right to alter its prices at any time and the products will be invoiced on the basis of the rates applying at the time the order is accepted.
3.3 The seller shall not be liable for (typographical) errors occurring in its offers where the buyer must in all reasonableness assume that a (typographical) error has been made.
3.4 The price due is that set out in the written confirmation (e.g. order update).
3.5 The seller reserves the right to alter the price payable after formation of the contract on the basis of price changes affecting shipping charges, new taxes or (typographical) errors.
3.6 If the price is increased, the buyer is entitled to rescind the contract without cost on his part or any liability on the seller’s part to pay any compensation.
3.7 The products remain the property of the seller until the seller has received full and final payment of the price.
4.1 For orders of products via the web shop, the following payment means are possible:
via Multisafepay: Bancontact, Maestro, Mister Cash, Giropay, DIRECTebanking, electronic funds transfer and iDeal
via Paypal: Visa, Mastercard and American Express
via a European electronic funds transfer
Where use is made of the aforementioned payment systems, the buyer must also of course comply with the terms laid down by the operators in question: the seller is not party to the relationship between the buyer and the payment system operator.
4.2 The seller undertakes to do all that is practicable to guarantee the security of the web shop user but cannot in any event be held liable for any loss due to use of the web shop, including in particular loss caused by third parties making improper use of the website or payment system.
4.3 The seller complies with the rules for allowing refunds of sums paid by the consumer in accordance with the Commercial Practices and Consumer Information and Protection Act of 6 April 2010.
4.4 In the event that a payment deadline is set, and in any event 30 days after delivery, the buyer is automatically and without notice of default liable to pay interest for late payment at the rate of 1% per month and damages in the sum of the greater of 10% and €50.00.
5.1 Products are dispatched to the delivery address stated upon the order being placed (home or other address).
5.2 Shipments that comes back because not at home, an faulty or incomplete delivery address or are refused, can be canceled and refunded back withouth the initial shipping price and an administrative charge of 20 €
5.3 Naturally, the seller will do its utmost to delivery the products as quickly as possible. However the delivery dates stated in the web shop are only indicative.
5.4 If the ordered goods are not delivered within 30 days, a further delivery date may be agreed by the buyer and the seller.
Failing a further delivery date, the contract is automatically cancelled and the seller will refund any payment received within 30 days. The payment will be refunded in the same manner as the original payment that was made (Paypal, Multisafepay or electronic funds transfer).
6. Right of cancellation
6.1 The right of cancellation is only applicable to purchases via the web shop made by natural persons or legal persons acquiring or using the products for non-business purposes.
6.2 The Commercial Practices and Consumer Information and Protection Act of 6 April 2010 allows consumers to notify the seller that they wish to cancel the purchase within 14 working days after receipt of the product.
6.3 The goods must then be returned at the purchaser’s cost in the initial, undamaged, original packaging together with all accessories, the operating instructions and (a copy of) the invoice/delivery note to:
6.4 In the case of damaged or incomplete goods or goods that have been used or soiled by the consumer, costs will be charged.
These costs amount to at least 20%, and an administrative charge of 7 euros will also be made.
Or the goods may be dispatched back to the customer as non-returnable.
The customer will be charged the shipping costs in this case.
6.5 No later than 30 days after acceptance of the return, the seller will refund any sums paid except for the direct costs of delivery. This payment will be refunded in the same manner as the original payment was made (Paypal, Multisafepay or electronic funds transfer).
6.6 In terms of section 90(4) of the Commercial Practices and Consumer Information and Protection Act of 6 April 2010, the right of cancellation is not applicable to:
supplies of products that have been produced according to the consumer’s specifications or that are of a clearly personal nature or are of such a nature that they cannot be returned or could quickly spoil or age,
supplies of computer software where the seal has been broken by the consumer.
7. WARRANTY - LIABILITY
MACUPGRADE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH MACUPGRADE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. OTHER WORLD COMPUTING DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
MACUPGRADE does not warrant that the operation of the product will be uninterrupted or error-free.
8. Applicable law
8.1 Contracts to which these sale terms apply are subject to Belgian law.
8.2 The courts in the judicial district of Leuven shall have exclusive jurisdiction.