v.11.2023

• Definition of terms

In these General Terms and Conditions, the following capitalized terms must be read and interpreted in accordance with the provisions of this article. Terms in the plural also refer to the singular, and vice versa

• Scope and contact details
  

These general terms and conditions apply to every offer from Accu-R8 and to every Agreement concluded between Accu-R8 and the Customer. General terms and conditions of the Customer cannot under any circumstances apply to any Agreement between Accu-R8 and the Customer.

Before the Agreement is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, Accu-R8 will indicate before the Agreement is concluded how the general terms and conditions can be viewed at Accu-R8 and that they will be sent free of charge as soon as possible at the Customer's request. If the Agreement is concluded electronically, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these general terms and conditions will be made available to the Customer electronically in such a way that the Customer can easily read them. are stored on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the Customer.

• The offer and the conclusion of the Agreement

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer always contains a complete and accurate description of the Goods and/or Services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If Accu-R8 uses images, these are an indicative representation of the goods offered.

Obvious mistakes or errors in the offer do not bind Accu-R8.

Each offer contains such information that it is clear to the Customer what the rights and obligations are associated with acceptance of the offer. This concerns in particular: (i) the price; (ii) any costs of installation and/or delivery; (iii) the manner in which the Agreement will be concluded and what actions are required for this; (iv) modalities regarding the implementation of the Agreement.

Unless otherwise stated in these general terms and conditions or in the Agreement, the Agreement is concluded when Accu-R8 in turn confirms receipt of the acceptance of the offer by the Customer. If the Customer has accepted the offer electronically, Accu-R8 will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Accu-R8, no Agreement has been concluded.

When ordering the Goods and/or Services, the Customer is always requested to expressly agree to the General Terms and Conditions of Accu-R8 as well as the Privacy Policy, all of which are made available prior to the conclusion of the Agreement and also after its conclusion. of the Agreement can be consulted at all times on the Accu-R8 website. An Agreement will only be concluded between the Parties after the Customer has expressly accepted the General Terms and Conditions of Accu-R8 as well as the Privacy Policy.

The Customer expressly acknowledges that any acceptance of the General Terms and Conditions via electronic means gives rise to a valid Agreement. If the Agreement is entered into by a natural person acting in his or her capacity as a representative of a legal entity, Accu-R8 may assume that the natural person is authorized to bind the legal entity. In any case, Accu-R8 has the right to request additional information at any time from a natural person who wishes to enter into an Agreement in his or her own name or in the name of a legal entity and/or to suspend or terminate the Agreement with immediate effect. if the requested information is not provided or Accu-R8 has doubts about the identity and/or creditworthiness of the person, without this giving rise to any right to compensation from the (potential) Customer. Accu-R8 may and may store and use electronic files with all legally permitted restrictions in order to demonstrate that the Customer has accepted the General Terms and Conditions electronically.

• Right of withdrawal

If the Customer is a Consumer and the Agreement is concluded remotely or outside Accu-R8's premises, the Consumer can terminate the Agreement during a reflection period of 14 days without giving reasons.

If the Consumer already receives goods from Accu-R8 during the cooling-off period, the Consumer will handle the goods and packaging with care. The Consumer will only unpack the goods to the extent necessary to determine the nature and characteristics of the goods. If the Consumer exercises his right of withdrawal, he will return the goods to Accu-R8 with all accessories supplied and in the original condition and packaging.

Goods that have been opened by the Consumer or if they are goods that have been assembled or manufactured according to stated specifications, have a clearly personal character or cannot be returned due to their nature, cannot under any circumstances be returned by the Consumer and are therefore outside the scope of the scope of the right of withdrawal.

To exercise the Right of Withdrawal, the Consumer must inform Accu-R8 of the decision to withdraw from the Agreement by an unequivocal statement (e.g. by e-mail or via the contact form on the website). If the Consumer makes use of this option, Accu-R8 will immediately send confirmation of receipt of the withdrawal on a durable data carrier (for example by e-mail). To comply with the withdrawal period, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

The Consumer must return the undamaged goods in their original packaging and in any case no later than 14 days after the day on which the Consumer communicates the decision to withdraw from the Agreement to Accu-R8. The direct costs of returning the goods will be borne by the Consumer. The Consumer is at all times and solely liable for the depreciation of the goods, for example in the event that the goods are damaged during return by the Consumer.

If the Consumer revokes the Agreement, the Consumer will receive a refund of the payment made for the goods in question, including delivery costs as originally paid by the Consumer (with the exception of any additional costs resulting from the choice of a different method of delivery than that provided by Accu- R8 offered the cheapest standard delivery) without delay and in any case not later than 14 days after Accu-R8 has been informed of the Customer's decision to withdraw from the agreement.

The Consumer is only liable for any reduction in value of the goods that is the result of handling the goods that goes beyond what is permitted in this article.

• Delivery, installation and inspection

After the conclusion of an Agreement, an appointment is made with the Customer for the delivery and installation of the Installation. The delivery time is on average 8 weeks, but is under no circumstances binding on Accu-R8. The Customer guarantees to Accu-R8 that it has the necessary authorization and the required permits to carry out the installation at the specified installation address. The Customer must communicate all necessary and useful information to Accu-R8 (such as the location for the installation or any other useful information to enable an efficient and quick installation).

The Customer is obliged to make the location freely available to Accu-R8 and if the installation must be carried out at height, the Customer must provide the necessary (security) measures so that Accu-R8's employees can work safely and can legally carry out the installation. The Customer is also obliged to submit a detailed plan to Accu-R8 clearly demonstrating the location of existing pipes or tanks in the subsurface, up to a depth of 60 cm and with an accuracy of up to 20 cm. If this plan is not available, the Customer's representative must be present during the excavation work in the presence of Accu-R8's employees in order to identify the pipes and tanks. If correct information is not provided, the Customer is obliged to reimburse Accu-R8 for all additional costs (including all costs of any repairs to pipes), which will be charged to the Customer by Accu-R8.

The Customer must ensure that the existing electrical installation at the installation site complies with the applicable regulations, including, but not limited to, the provisions of the AREI. If the Customer does not comply with the applicable regulations, Accu-R8 reserves the right not to carry out the installation. The conformity of the existing electrical installation, its checking, its reinforcement, its adjustment, the checking of the power of the electrical installation and of the meter or any new conformity check are - unless expressly stated otherwise - not included in the Price and may lead to additional costs charged to the Customer.

The Customer must also check the conformity and integrity of the Installation for any defects visible at the time of delivery and, if necessary, exercise its right of recourse immediately and in writing against the carriers and/or against Accu-R8 and refuse delivery of the goods. Failing this, the Customer is deemed to have accepted the Goods and/or Services and the Customer can no longer recover any visible defects.

Only Accu-R8 and third parties approved by Accu-R8 may supply and install the Goods and/or Services or provide any service/adjustment after installation.

Once the installation has been carried out by Accu-R8, the Installation must be inspected by a recognized certification body which will check whether the electrical installation is compliant and the AREI has been complied with. Accu-R8 only guarantees the conformity for the Installation that was added by Accu-R8 to the existing installation/network, but cannot in any way guarantee the conformity of the entire electrical installation. As long as the electrical installation has not been inspected and no inspection certificate is available, the Installation cannot be used by the Customer and therefore the charging infrastructure cannot be used.

• Price, invoicing and retention of title

During the period of validity stated in the offer (usually 30 days), the prices of the goods offered will not be increased, except for price changes as a result of changes in VAT rates and/or excise rates or other levies.

The prices stated in the offer will clearly indicate whether these prices include or exclude VAT. It is the sole responsibility of the Customer to inform Accu-R8 of the applicable VAT regime and, where appropriate, to provide Accu-R8 with the necessary supporting documents. In the absence of a written dispute within a period of one month from receipt of the invoice, the Customer is deemed to acknowledge that the VAT rate used by Accu-R8 is correct.

After the conclusion of an Agreement, Accu-R8 is entitled to invoice an advance corresponding to at least 50% of the price as stated in the quotation. The balance will always be invoiced after completion of the works.

Each invoice must be paid within 15 days of the invoice date. If the Customer is a Consumer and does not pay the invoice on time, Accu-R8 will send a reminder to pay the amount due within 14 Days. The period of 14 days starts on the third day after the date of sending for a reminder by post and on the first day after sending for a reminder by e-mail. If payment is not made within this period, interest will be due from the 15th day. This interest is calculated on the basis of the statutory interest. Accu-R8 can also claim a lump sum compensation equal to 10% of the balance due with a maximum of 2,000 euros. The Consumer can claim equivalent compensation if Accu-R8 fails to fulfill a payment obligation to the Consumer. If the Customer is not a Consumer, interest is due from the due date of the invoice. This interest is calculated at the interest rate of the law of 2 August 2002 on combating late payment in commercial transactions. To compensate the extrajudicial collection costs resulting from non-payment within 15 days, a fixed compensation of 10% with a minimum of 125 euros will also be charged.

The transfer of ownership to the Customer of the goods that Accu-R8 supplies or installs in performance of the Agreement will only take place after payment of the full Price by the Customer (and this regardless of any incorporation of the Installation), including any costs incurred by the Customer interest to be paid or liquidated damages. In the event of non-payment of the Price or part of the Price by the agreed due date, Accu-R8 reserves the right to request the return of the good(s) as a whole. The Customer cannot object to the return of the good(s) due to partial payment of the Price. Notwithstanding the absence of transfer of ownership, the transfer of risk will be carried out in accordance with the terms of Article 5 and the Customer will remain solely responsible in the event of non-return of the good(s) for any reason, including theft or a case of force majeure or for any damage caused by the good(s). It is up to the Customer, as he expressly acknowledges by accepting these General Terms and Conditions, to take out insurance at his own expense and risk that covers the good(s) and, where applicable, the replacement value of the (the) good(s) until the transfer of ownership is completed.

• Guarantee

In accordance with the provisions of Article 4, the Customer must always check the Goods and/or Services for visible defects after delivery or installation and the Customer must inform Accu-R8 of these defects immediately and at the latest within 48 hours, failing which the rights of recovery of the Customer will in any case be cancelled.

Accu-R8 is obliged to indemnify against hidden defects, but only if Accu-R8 was aware of these defects at the time of delivery/installation and if these defects make the Installation unsuitable for normal use by the Customer or if the Customer had known these defects, the Customer would not have purchased the installation or would have purchased it at a lower price. The Customer is obliged to inform Accu-R8 in writing of these defects within 15 days after discovering the hidden defects. If the Customer fails to inform Accu-R8 of the defects in a timely manner, the Customer's right to recovery lapses.

The Consumer benefits from a legal warranty of two (2) years from the date of delivery. This warranty includes the repair or replacement of defects in the goods supplied by Accu-R8 at no cost to the Consumer. The Consumer is obliged to inform Accu-R8 within two (2) months after discovering the defects, failing which the Consumer's rights will lapse. If the repair or replacement proves to be impossible or unreasonable, the Consumer may also be offered appropriate financial compensation, whether or not subject to the return of the defective goods by the Consumer.

Any warranty or indemnity for (hidden) defects will lapse if a defect is the result of incorrect use of the installation by the Customer (i.e. any use of the installation not in accordance with Accu-R8's instructions), poor maintenance, normal wear and tear. or if the Installation has been modified or modified by a party other than Accu-R8.

• Liabilities

Accu-R8 guarantees that the Goods and/or Services comply with the specifications stated in the offer and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement.

For Accu-R8, the execution of the Agreement always constitutes a best efforts obligation. Accu-R8 cannot be held liable for any indirect or consequential damage or for any liability that was not foreseeable at the time of concluding the Agreement with the Customer. In any event, and to the extent permitted by law, Accu-R8's total liability will be limited to the amount of the price stated in the Agreement.

The Customer expressly undertakes to indemnify Accu-R8 against any liability, claim, loss or damage resulting from (i) inaccuracies or errors in information, plans or specifications submitted to Accu-R8, (ii) the failure to -conformity of the existing electrical installation, (iii) the incorrect or negligent use of the Installation or (iv) manipulations or any other modification to the Installation carried out by the Customer himself or a third party.

Nothing in these Terms and Conditions shall exclude or limit either party's liability for gross negligence, willful misconduct or fraud.

• Force majeure and changing circumstances

Accu-R8 cannot under any circumstances be held liable in the event of force majeure or any changed circumstance at Accu-R8 or an employee of Accu-R8. If force majeure or a changed circumstance leads to a delay of more than two (2) months in the execution of the Agreement, each party has the right to terminate the Agreement free of charge without the right to any additional compensation from the other party.

• Intellectual Property

All intellectual property rights and derivative rights are retained by Accu-R8. These intellectual property rights include: copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods, concepts, plans and studies. The Customer is prohibited from using and/or making changes to the intellectual property rights as described in this article. The content, images, logos, drawings, photos, data, product names, texts, etc. on the website or in catalogs and other printed materials of Accu-R8 are protected by copyright and other (intellectual) property rights.

• Privacy

Considering Accu-R8 Customer Data, Accu-R8 processes personal data of the Customer for its own purposes and Accu-R8 is the controller in that sense. In any case, Accu-R8 processes the personal data of its Customers in accordance with the applicable Privacy legislation. Accu-R8's Privacy Policy contains all information about the purpose, manner, nature, period, recipients of the data, etc.

If the Customer concludes an Agreement with Accu-R8, the Customer expressly acknowledges that he has taken note of Accu-R8's Privacy Policy and accepts it.

• Validity, Applicable Law and Dispute Resolution

The nullity or invalidity of a clause of these general terms and conditions does not in any way result in the nullity of the agreement or the applicability of these general terms and conditions. Accu-R8 has the privilege to replace the provision in question with a valid provision of equivalent effect.

Accu-R8 is expressly permitted to outsource its obligations in the execution of the Agreement to third parties and/or to transfer the Agreement in whole or in part to third parties without Accu-R8 having to receive permission for this. from the customer. The Customer is not permitted to transfer the Agreement or the obligations incumbent on the Customer in implementation of the Agreement to third parties without the explicit approval of Accu-R8.

The Customer accepts electronic evidence. The Customer is solely responsible for the accuracy of all data he or she provides. The final confirmation of the order by the Customer constitutes acceptance of the order at the stated price. The Customer's ratification serves as signature and express acceptance of all transactions via the website.

In the event of disputes between Accu-R8 and the Customer, only Belgian law applies and only the courts of the district where Accu-R8's registered office is located have jurisdiction.