Terms
and provisions
1. Applicability
These general terms and conditions apply to all offers, quotations and order confirmations made by Uplifted and/or agreements entered into by Uplifted whereby Uplifted undertakes to provide services, products, goods, items or to execute an order. By accepting an offer or placing an order, the customer accepts our terms and conditions. Any purchase or other terms and conditions referred to by the customer (or buyer) when accepting an offer or quotation or entering into an agreement are not applicable unless accepted by Uplifted without reservation and in writing.
2. Offers, quotations, assignments, orders, etc.
All offers by Uplifted are, unless expressly stated otherwise therein, without obligation. An agreement comes into effect only after written confirmation by Uplifted. Any changes may not give rise to dissolution of the contract by the customer or the demand for compensation.
All specifications, quotations, price lists and other publications are always subject to printing or writing errors. If Uplifted uses images in its quotations, they are intended to show a true representation of the product. Uplifted cannot guarantee that the pictures or colors displayed will exactly match the actual product. They cannot be grounds for liability or dissolution of the contract.
3. Engagement of third parties
Uplifted is permitted to make use of third parties for the execution of the provided assignments. Uplifted will consult with this as much as possible, exercising due diligence. However, Uplifted is not liable for any shortcomings of these third parties.
4. The Order
A sales contract between Uplifted and the customer is established only after the customer/buyer’s order is explicitly accepted by Uplifted. The acceptance of the sales agreement is done by signing the sales agreement (order form) or by sending an order confirmation to the customer.
If the customer has accepted the offer electronically, Uplifted shall confirm receipt of acceptance of the offer electronically without delay. Until receipt of this acceptance is confirmed by Uplifted, the consumer may rescind the agreement.
Uplifted reserves the right to refuse the order or, if necessary, to terminate the agreement without giving any further reasons and without being liable to pay any compensation to the customer, but subject to reimbursement of any sums paid.
Uplifted cannot be held liable for cancellation of an order due to force majeure.
Among other things but not exclusively, Uplifted shall not be liable in the event of any failure or default of its suppliers, logistics firms or subcontractors (third parties).
Only after written permission from Uplifted, the customer’s order can be kept for a maximum of 3 months. Thereafter, Uplifted has the right to apply current prices.
5. The price
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changed VAT rates.
Prices are in euros, excluding VAT.
Prices do not include delivery costs, assembly, installation and Recupel.
6. Payment
7. Transfer of ownership
The goods delivered by Uplifted do not pass into the ownership of the customer until the full invoice amount, interest and costs have been paid. The customer is responsible for the goods from the moment they are made available.
In case of non-payment of the invoice on due date, the invoice will be considered cancelled by right without prior notice, by sending a registered letter from Uplifted to the customer.
In this case, the customer undertakes to lend all cooperation to the recovery of the goods wherever they may be, simply by presenting the invoice.
8. Return of products, right of withdrawal.
The goods delivered by Uplifted can only be taken back within 7 working days from the day of the order and only after written approval by Uplifted.
Items delivered and built to order (such as treatment couches) cannot be taken back.
In any case, returns can only be made for items that are undamaged, complete and in their original packaging. The customer bears the cost of returning the product. If the product must be picked up, the cost will be communicated to the customer.
9. Delivery time
Uplifted makes every effort to deliver the ordered products as agreed. However, the specified delivery dates are to be considered as indicative only. Deviations can under no circumstances give right to any form of compensation or breach of contract.
10. Delivery and installation
The place of delivery is the address that the customer has made known to Uplifted when placing the order (the delivery address). This place is always in Belgium.
The delivery of the ordered goods is made by a courier service or transport company.
If the customer agrees to delivery of investment products “delivery to the front door” the customer unpack the goods himself and take them to the final destination under his own responsibility.
Instructions on how to unpack, move and install the product are available upon request. In case explicitly mentioned in the quotation, delivery and installation is done by a specialized transport company.
The risk of damage and/or loss of the products rests with Uplifted until the moment of delivery.
11. Language
The Dutch version of these general terms and conditions is the only authentic one. The manual of some products supplied to professional users, may be written in English or in French.
At the customer’s express request, a free translation of the manual can be made available.
12. Complaints
Upon receipt of goods, the customer should check the packaging as well as the number of items delivered. A signature on the carrier’s delivery receipt means that he has received the goods in good condition and quantity.
Any complaint regarding the product must be reported in writing within 48 hours of receiving the goods.
Any complaint regarding the invoice must be formulated within 8 calendar days of receipt of the invoice by registered mail.
A complaint does not release the customer from his payment obligations.
If a complaint regarding the product is found to be justified by Uplifted, Uplifted will, at its option, replace or repair the delivered products free of charge.
13. Warranty
The warranty on investment goods is 2 years unless otherwise agreed in writing. The warranty period starts on the date of the invoice and applies only with proper use of the product as defined by the manufacturer. The warranty does not apply to parts subject to normal wear and tear, accessories or consumables such as batteries.
Complaints about the artificial leather of treatment tables , are only admissible if the customer can be shown to have used the cleaning and disinfection products recommended by the manufacturer in the dosage indicated.
In case of doubt, the judgment of the artificial leather manufacturer shall be decisive. Warranty is granted only if maintenance and repairs are always performed by a technical service designated by Uplifted.
14. Maintenance and repairs
If a customer invites Uplifted’s repair service for a repair or inspection, the customer agrees to the rates and conditions.
If, regardless of the reason, a repair cannot be completed, the costs incurred will be charged.
15. Applicable law and competent courts
These terms of sale are governed by Belgian law. Any dispute relating to the interpretation or execution of these sales conditions shall fall within the exclusive jurisdiction of the judicial district of Hasselt.
16. Forfeiture of right
All claims, of whatever nature and on whatever grounds to Uplifted bv in connection with deliveries or services performed by Uplifted shall in any event expire after a period of five years. The parties expressly agree that this period is a contractual expiration period.
Uplifted bv.
Koolmijnlaan 199, 3582 Beringen
BE 0769.573.452
