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'Tensen': Tensen Marc NV (t/a) Tensen, having its registered office at B-2000 ANTWERP, Huidevettersstraat 52, listed under enterprise number BTW-BE0407.661.108.
'Purchaser': any legal entity (B2B) that has or will be having a contractual relationship of whatever nature with Tensen Online.
'Products': the subject of one or more sales contracts
Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force.
Any General Terms and Conditions applied by the Purchaser are not applicable. Tensen reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.
By using the website or another electronic portal of Tensen and/or placing an order (this is applying for a membership status), the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. Tensen can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. Tensen can be reached via ‘tensenonline.be’ and ‘tensenonline.eu’.
Tensen places information regarding the features of online platform with the utmost care, including technical descriptions which are based on details of its partners and suppliers, and pictures, diagrams, work methods, read examples illustrating the various options and tariff plans. All this in so far as technical means allow and in accordance with the best standards in the market.
A contract is concluded at the moment Tensen approves the membership application, in case the offer was made via the website, has been sent to the e-mail address indicated by the Purchaser.
Tensen and its Purchaser explicitly agree that a valid sales contract is concluded by using electronic forms of communication. In particular the lack of an ordinary, digital or electronically qualified signature does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of Tensen shall be considered to be presumptive evidence, in so far as the law permits such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected, given or made as accurately as possible.
All prices are expressed in euros (and possibly in other international currencies such as GBP and USD) and include VAT and other taxes. However, in case the Purchaser acts as a legal entity, the possibility to express prices excluding VAT and other taxes exists.
Special offers are only valid as stock lasts. The Purchaser owes the price communicated to it by Tensen in its confirmation in accordance with article 2 of these Terms and Conditions.
Obvious or abundantly clear errors in the quotation, such as evident misstatements, can also be corrected by Tensen after formation of the contract. Delivery charges are communicated in a clear manner to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.
The sales prices indicated on the site include taxes. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid via the usual valid and internationally accepted credit cards and electronic payment methods, or via regular bank transfer. The possibility of working with a repayment system exists, in which case specific conditions are applicable and dfined by the relevant financial institution, brought to knowledge at last on the moment of purchase.
Security measures via SSL are intended to allow your online payment to proceed safely. If payment cannot be handled immediately due to choosing a financial means of payment incapable of effectuating such immediate payment, Tensen stipulates a term of payment of 14 days from the invoice date.
Invoices are only issued to legal entities (B2B), on request. If a client fails to pay the invoice within the term stated above, legal interest commences to accrue and will be due without explicit notice of default. If Tensen does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will handle the procedure further.
Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by Tensen as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, will be borne by the Purchaser.
If a credit card is the chosen payment method, the conditions of the relevant card issuer apply to it. Tensen is not a party with regard to the relationship between the Purchaser and the card issuer.
We will process your order in accordance to the available supplies. In case the product of your order would not be in stock, we oblige ourselves to inform you about the prospected date of delivery within 15 days following to the placement of your order.
Orders will be dilevered as soon as physically possible. Tensen currently offers one way of shipment, namely trough Bpost. This way you’ll receive your parcel trough mail/taxipost.
Tensen will do anything within her means to respect the delivery times indicated. However, Tensen will not be held liable for late deliveries or orders that are lost by third parties or through unforseen circumstances or majeure. If a dilvery is not being delivered within the term indicated, an investigation will be initiated into the transporter, which may occupy multiple days. During this period of time we can not repay or send another package. Products that are no longer in stock, can be ordered. In case of an order, one has to take a term of delivery of maximum 30 days following the order into account. This maximum term of delivery is only applicable to B2C sales. In case of B2B sales, one has to take a maximum term of delivery of a couple of months into account. The sole expiring of the term of delivery does not bring Tensen into default. It is of high importance to ensure that the products comply with the order on the moment of delivery, and when this is not the case, to inform Tensen within seven (7) working days, following the delivery. All notices about a delivery that was not deliverd on time need be indicated by e-mail via [email protected]. Returned products will only be accepted when in original state, being in their original packing, accessories and manual included.
Unless stated differently, the delivery deadline is thirty (30) weeks after the receipt of the order, except when the payment occured through bank transfer, in which case the delivery deadline is thirty days after the receipt of payment. The above stated term of delivery is only applicable in case it has been allowed by the Belgian Market Practice Act, as an indication, therefore, no rights can be derived from term stated above. Deliveries will occur on the adress given by the Purchaser at the time of the conclusion of the agreement. As soon as the products have been deliverd on the stated adress, the riscs involved passed to the Purchaser.
In order to assure the safety of your online transactions, Tensen cooperates with authorized credit card payment partners and publishers. Payment can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, Mastercard, American Express, Maestro, and others who are unambiguously mentioned on the website of Paypal.
Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk.
Tensen stores your identity and transaction information over a period of time in a secure, encrypted database, environment. Tensen believes all possible and appropriate precautions have been taken. Therefore, Tensen cannot be held liable for possible identity theft or financial theft.
The Purchaser is always obliged to scrutinize the products immediately following receipt. Complaints from the Purchaser related to defects of the product or digital delivery that can be observed on the outside, must be notified in writing to Tensen by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser). The Purchaser is not entitled to return any product in respect of which there exists no reasoned complaint.
The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days without any consequences in the sense of penalties or giving reasons. This is called the right of withdrawal.
However, products which are not changable by their nature fall outside the scope of Article 47, § 4, 2 ° WMPC. In this case one could thinnk of products like custom made jewels. Therefore, such products do not qualify for restitution.
Any return must be sent by BPOST or another transport firm. The risks and expences related to the return of a prodcut are for the account of the Purchaser, except in case the product is not conform. Within the term stated, the Purchaser has the obligation to resend the product to Tensen and ask for a document of returning via [email protected] . The product that is being returned has to have an RMA-number (Return Merchandase Authorisation), at risk for empty-handed control to the Buyer.
In case of a valid and legally correct use of the above right to renunciation Tensen will, within seven (7) days, issue a refund of the sum paid by the Purchaser to Tensen, through an internationally accepted method of payment chosen by her.
No refund is possible when the Purchaser has misused the right of withdrawal. In this case the products, in case of motivated reasons, will be returned to Purchaser. The risks and expenses are to be taken into acount by the Purchaser.
According to the Belgian Market Practices Act you have the right to send back your products within 14 calendar days. However, products which are not changable by their nature fall outside the scope of Article 47, § 4, 2 ° WMPC. In this case one could thinnk of products like custom made jewels. Therefore, such products do not qualify for restitution. Therefore, your purchase is final.
According to the applicable and relevant laws, a legal warranty applies to all products deliverd by Tensen. In case a deliverd product does not comply with the agreement Purchaser has the obligation to bring this to the knowledge of Tensen within seven (7) working days from the delivery. Any compensation following the legal provisions can never exceed the amount invoiced to the Purchaser. Usual or normal wear, unintended or intended changes brought to the product by the Purchaser, the unability to provide the original invoice or valid proof of payment and various omissions are explicit, but not limitative, exceptions on aforementioned system of warranty.
URLs included on the website or other electronic communication portals, which are actually controlled by Tensen, are to be clicked and visited entirely on the Purchaser’s own responsibility.
In case of force majeure, Tensen shall not be obliged to comply with its obligations in respect of the other party. Tensen will be entitled to suspend the performance of its obligations for the duration of the force majeure.
Force majeure shall be taken to mean any circumstance beyond its control which entirely or partially prevents compliance with its obligations in respect of the other party.
All intellectual property rights and derived rights continue to be retained by Tensen. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
The information you have stated is necessary for the processing and completion of orders and the preparation of invoices and guarantee agreements. If these data fail, the order is inevitably cancelled.
Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the Tensen website.
Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from Tensen or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.
© 2014 deJuristen Intellectual Property and IT Law. (http://www.ictrecht.be).The information presented (general terms and conditions, privacy statement and disclaimer) is protected by copyright law, so the information may not be reproduced or transmitted without prior written consent of deJuristen ([email protected]). All applicable intellectual property rights are thus preserved.