General terms and conditions of sale

Quplace / General terms and conditions of sale

These general terms and conditions apply to commercial/sales relationships within European territory. In the context of talks outside the EU, it is the general terms and conditions of sale II that will apply.

Identification details and registered office of the representative

Registered office at Rue des Jardins 6, 7500 Tournai SPRL QuPlace® is registered with the ECB under number 0555.990.538 – Telephone number: +32 (0) 69 81 05 02 – Email address: hello@quplace.com Website: https://www.quplace.com.

Unless expressly agreed in writing between the parties, the relationship between the SPRL (private company with limited liability) QuPlace® and its customers are subject to these general terms and conditions of sale deemed to be accepted by the customer, even if they contradict their own specific or general terms and conditions of purchase. The fact that the customer has not received these general terms in their mother tongue in no way releases them from their application.

The SPRL QuPlace® reserves the right to modify its general terms and conditions without personally notifying the customer and without the customer being able to claim any compensation whatsoever. It is therefore up to the customer to check if any changes have occurred. With respect to contracts in force, these are subject to the conditions that were in effect at the time of signing the contract. Unless otherwise stated in the product description on the website, offers and price lists are valid for as long as they appear in our catalogue.

The SPRL QuPlace® reserves the right to modify the characteristics of its offers and price lists at any time. If, however, the price and/or the specifications of the product on our website is incorrect, owing particularly to a technical problem, the SPRL QuPlace® reserves the right to refuse an order.

Use of the products

QuPlace® products are not toys and are not intended for use in play.

QuPlace® products are not personal protective equipment and cannot be used to prevent or protect a person against any risk, including the risk of injury or illness, or the risk of accidents.

Quplace® products are in no way a medical device and are not intended for such use. They do not ensure the prevention, control, treatment or alleviation of an illness or a handicap.

Use of QuPlace® products implies QuPlace® service membership, the creation of a user account and the personal registration of user-selected information that will be linked to the product QR code. Full QuPlace® terms of use and the QuPlace® privacy policy are available at the following website:  https://www.quplace.com/mentions-legales/.

The products have undergone quality control before being placed on the market. Based on current technical and scientific knowledge, it has not been possible to detect defects in the products. Any product defects normally follow such checks.

Orders

All orders are considered firm and final. Any order implies acceptance of these terms and conditions by the client.

Pricing and payment conditions

Our prices are in Euros excluding VAT. For Belgium, the current VAT rate is applicable. For EEC countries, intra-Community delivery is exempt from VAT Art.39 bis of the Code.

Any increase in VAT or any new tax that should be imposed between the time of the order and the time of delivery will be borne by the buyer.

A deposit of 30% will be paid on account BE27 0688 9985 4273 at the time of the order. This will only be processed upon receipt of payment to the account. The balance of the order is paid 30 days from date of invoice. Failure to pay on the due date automatically entails a default interest of 1% per month and a lump sum indemnity of 10% of the invoiced amount (with a minimum of €125) as damages.

Delivery

The method of delivery or pickup will be defined during each order. The full address will be indicated. The delivery time varies according to the stock of available products, and therefore is not guaranteed, unless otherwise stipulated. If, upon delivery, the product has a defect, the SPRL QuPlace will replace it. In this case, European consumer law and the conditions it entails are applicable.

Reservation of ownership

Notwithstanding article 1583 of the Civil Code, transfer of ownership of the ordered product will take place only on the day of full payment of the price and/or interest and/or fixed compensation. Transfer of ownership also involves the transfer of the risk burden. The customer therefore assumes responsibility for loss of the product and damage caused to it as soon as they take possession of it. The customer hereby assigns to the seller all sums owed to him by third parties. The customer discharges the SPRL QuPlace® of any notification formalities and will bear any related costs. In addition, the customer authorises the SPRL QuPlace® to take back the material at any time, as long as it is not paid in full.

Legal warranty

All products purchased or delivered for private use are covered by a 2-year warranty. The warranty offered corresponds to the legal warranty and does not affect the legal rights of the buyer.

In the context of business use, the manufacturer’s/supplier’s specific warranty terms are in force. We guarantee that our products will comply with your order and meet the normal expectations you may have taking into account product specifications. Only in the event that the repair or replacement is disproportionate or impossible, or cannot be performed within a reasonable time, you have the right to dissolve the contract of sale. If the finding is made more than six months after delivery, the consumer is required to prove the existence of non-conformity upon delivery. Defects or damage due to improper use, such as water damage, oxidation, falls or impacts, negligence, poor maintenance, use in contradiction with the manufacturer’s instructions, as well as wear, are not covered by warranty. Repairs performed by technicians not approved by the supplier shall result in the lapse of the warranty if this repair is related to this defect. For more information, please refer to the instruction manual supplied with the product. The delivery note that you will receive upon delivery will serve as a warranty certificate. Please keep it in a safe place. To make an appeal on warranty, contact our after-sales service by telephone on +32 (0) 69 81 05 02 or by e-mail at hello@quplace.com.

Liability

The SPRL QuPlace® is not liable for any indirect, direct, moral or consequential damage to items resulting from the abnormal use of a product. The contractual and non-contractual liability of QuPlace® SPRL is limited to the value of the items ordered.

Right of withdrawal

In accordance with the legislation in force for distance selling to consumers falling within the scope of Title VI “Market practices and consumer protection”, within 30 days of the day following delivery, the consumer has the right to notify the company that it relinquishes the purchase, without payment of penalties and without providing any reason. This right of withdrawal does not apply to legal persons or to products acquired by a natural person for business use. During the withdrawal period, we advise you to handle the goods and packaging carefully, and not to unpack or use them to the extent necessary in order to assess whether you wish to keep the goods. If you make use of your right of withdrawal, we ask you to return the goods accompanied by all accessories delivered and in their original state and packing, according to our instructions below. If they exercise their right of withdrawal, the customer will return the goods to the SPRL QuPlace® “Retour e-shop” department, by all means, at their own risk and expense. Therefore, shipments “paid by the consignee” or “cash on delivery” shipments will be refused. The costs of return are therefore your responsibility. We will stipulate the exact cost for this return, if it is possible, or give an estimate cost. In the event that it is not possible to return the goods by post, we will recover the goods at our own expense. We may defer the refund until the goods are recovered, or until the consumer has provided proof of shipment of the goods, the date used being whichever is the earliest. We ask you to retrieve the items at the address indicated in the section “Identification and registered office” herein, with the delivery documents and potentially the invoice. When the right of withdrawal has been exercised in accordance with the above conditions, we will refund any amount you would have paid us for the purchase of the product/s within 30 days. The refund will take place using the bank account number which you need to stipulate in your withdrawal request.

Privacy

The GPS positioning system requires that we collect as much personal information as possible, such as your address, the name of the contact person, your telephone number, your blood type, any particular illness (Alzheimer’s disease) all for the sole purpose of serving you better and to ensure our product is effective. In accordance with Directive 95/46/EC of the European Parliament and of the Council of 24/10/1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the collection of your information will be done in a fair manner. SPRL QuPlace® undertakes to use your personal data only in connection with the creation of an essential QRCODE for you to be geolocated. However, the customer is personally responsible for the communication of their data to a third party, discharges the SPRL QuPlace® of any liability, in case of abuse of QuPlace® by a third party, in case of loss, theft, etc. QuPlace® SPRL declines all liability for misuse of the QRCODE by the code holder.

Complaints procedure

We of course always hope that all our customers are 100% satisfied. If, however, you wish to lodge a complaint about a product, QuPlace® SPRL undertakes to process it within seven working days. If any of the conditions of this agreement should be declared void or unenforceable, the other terms and conditions hereof shall remain in full force and this condition will apply to the extent permitted by law. In their dealings with each other, the parties accept electronic means of proof (e.g. e-mail, computer backups, etc.).

Court of competent jurisdiction and applicable law

Disputes relating to the validity, the interpretation or the execution of the present general conditions of sale on line, are exclusively governed by Belgian law and only submitted to the courts of TOURNAI.

Legal capacity

By purchasing products through www.quplace.com, the customer declares that they are at least 18 years old and have the legal right to purchase products and services online through this website. The customer agrees to assume responsibility for all financial transactions related to the use of this website, including transactions that, for example, have been carried out by minors sharing their home.