General terms of sale

Scope of the general conditions of sale

The purpose of these general conditions of sale is, on the one hand, to inform the customer of the terms and conditions under which the vendor sells and supplies products ordered and, on the other hand, to define the parties' rights and obligations within the framework of the sale of products by the vendor to the customer. They apply without restriction or reservation to all sales by the company MQ sprl of products appearing on the web site www.mqsprl.com

As a result, the act, by any person, of ordering a product offered for sale on the web site www.mqsprl.com implies full and complete acceptance of these general conditions of sale, which the purchaser acknowledges having read prior to placing an order.

Any condition that does not comply with these general conditions of sale, which the purchaser may formulate, will be rejected, except with the explicit written agreement of the company MQ sprl.

The products are offered for sale on the internet without any territorial restrictions. Prior to placing an order, the purchaser declares that he/she has the complete legal capacity enabling him/her to commit to these general conditions of sale. The company MQ sprl reserves the right to modify these general conditions of sale at any time, without prior notice, subject to publishing them on its web site at www.mqsprl.com

Legal notices

MQ sprl : www.mqsprl.com MQ sprl is a limited company with capital of €18,600.

Address :
Zoning Industriel "La Fagne",
rue Ernest Matagne 38 C BE - 5330 Assesse

Namur Register of Companies : n°76800
VAT : BE0471.550.256
Your contacts : Managing Director: Michel Quevrain
Opening hours : Monday - Tuesday - Wednesday - Thursday : 8.30 a.m. to 12 p.m. and 1 p.m. to 5.00 p.m - Friday until 4.00 pm
 

How to contact us:

Tel : +32 4 79 50 02 96
Fax : +32 83 66 01 09
E-mail : info@mqsprl.com

Access to the web site and our customer services department

The purchaser is personally responsible for putting in place the computer and telecommunication resources needed to obtain access to the web site mq sprl and our Customer Services Department. The purchaser bears the communication costs for accessing the internet and using the web site.

Customer Service

Our Customer Service Department can be contacted for any information or questions, every working day between 8.30 a.m. and 12 p.m. and between 1.30 p.m. and 5.30 p.m. by phone on +32 4 79 50 02 96 and 24 hours a day by e-mail at : www.mqsprl.com

Orders

Orders can be placed in various ways

By phone on +32 479 500 296 between 8.30 a.m. and 12 p.m. and between 1.30 p.m. and 5.30 p.m.

By fax : +32 83 66 01 09
Via our web site : www.mqsprl.com
By post : MQ sprl - Zoning Industriel "La Fagne",
rue Ernest Matagne 38 C BE - 5330 Assesse

Contractual information is provided in French and will form the subject of a confirmation, which repeats this contractual information, when a delivery is made - at the latest. MQ sprl reserves the right to cancel or reject any order from a client with whom there may be a dispute regarding payment for a previous order and/or for any other commercial reason, which MQ sprl is not obliged to justify.

A sale will be confirmed by MQ sprl in an e-mail in the case of an order placed via the web site (payments are secured by Ogone).

An order will not be considered as such until receipt of electronic payment for the entire order is confirmed by MQ sprl's partner, the Banque J. van Breda & C°.

Our bank details : Banque J. Van Breda & C°
146, avenue du Luxembourg – BE-5100 Namur

IBAN : BE29 6451 5503 8064
BIC / SWIFT : JVBABE22

We recommend that purchasers keep a copy of this information on paper or electronically.

Choice of products

Having familiarised himself/herself with the products and their characteristics, as sold by MQ sprl, the purchaser is solely responsible for making a choice of the products forming the subject of his/her order, based on his/her requirements, as determined prior to placing an order.

Furthermore, the purchaser being the only one with a knowledge of the equipment, software, configurations and other items used by him/her, he/she is the sole judge of the compatibility of products ordered with those used by him/her.

MQ sprl provides its clients with:

  • A telephone helpdesk.
  • Customer Service by e-mail.


It is the responsibility of the purchaser to seek advice, if he/she believes that he/she lacks the necessary expertise.

Product compliance

In the event of the delivery of a product that does not comply with the order, the purchaser must submit a claim/complaint by registered letter with an acknowledgement of receipt within a maximum of 7 days from the day on which/he signed the delivery note.

MQ sprl undertakes to replace the non-compliant product, or to refund the cost of the non-compliant product if a compliant product is not available. In this case, the product must be returned in a perfect condition following written agreement from MQ sprl. MQ sprl is entitled to reject a return that has not been accepted in writing.

Shipping and return costs will not be refunded.

Product availability

Pursuant to article L111-1 of Consumer Code, prior to placing an order, the purchaser may obtain information from the web site MQsprl.com on the key characteristics of products he/she wishes to order.

The purchaser selects one or more products from those offered for sale on the web site MQsprl.com

The products appearing on the web site MQsprl.com are available for as long as stocks last. For products not stored within its premises, products are available for as long as its suppliers' stocks last and are subject to transit periods.
MQ sprl reserves the right to modify its product range in accordance with its suppliers' constraints.

In the event that a supplier should modify its products or packaging, the images of these will not affect the vendor's liability nor the validity of the sale.

Photographs, images and descriptions of products offered for sale are merely indicative and are not in any way binding on the vendor. In the event that a product ordered should be unavailable, MQ sprl will inform the purchaser of this as quickly as possible.

Pursuant to the provisions of article L121.20.3 of Consumer Code, MQ sprl may supply a similar quality product at the same price.

Should MQ sprl fail to exercise this option, the purchaser will receive an immediate refund, at the latest within 30 days after payment of any amounts paid.

Prices

The prices appearing on the web site MQsprl.com are in euros, including all taxes and excluding the costs of processing orders, shipping, packaging, green taxes and/or possible fuel surcharges.

In the case of an order for shipment to a country other than Belgium, the purchaser is the importer of the product or products ordered.

For all products sold outside the European Community, overseas departments and territories, the price will systematically be calculated excluding taxes on the invoice, these (21%) only being repaid on presentation of customs documents (duly stamped) and the importing client's bank details, which should be supplied to us.

Customs duties or other local taxes, or import duties or government taxes, may be payable. These duties or taxes are in no way the responsibility of MQ sprl. The will be borne by the purchaser and the purchaser is entirely responsible for declaring and paying them. The purchaser must obtain information on these matters from the local authorities prior to placing an order, in order to comply with the law in the aforementioned countries.

Unless agreed in writing by MQ sprl, orders will be paid for in euros, whatever their origin.

MQ sprl reserves the right to amend its prices at any time, nevertheless, it is agreed between the purchaser and MQ sprl, that all orders will be invoiced on the basis of the prices in force at the time when the order is placed, subject to availability.

Confirmation

The purchaser declares that he/she is aware of and has unreservedly accepted these general conditions of sale. Confirmation of his/her order is therefore deemed to represent complete and entire unreserved acceptance of these general conditions of sale.

From the moment when the purchaser enters his/her order by clicking on the “Confirm your order” icon, he/she is deemed to have unreservedly accepted these general conditions of sale as well as the prices, volumes and quantities offered for sale and ordered.

Without evidence to the contrary, the data registered by MQ sprl represents proof of all dealings between MQ sprl and the purchaser.

Payment

Our invoices are payable at the vendor's address, immediately and without discount, unless specified otherwise when the order is placed. Our bills or receipts do not provide for any novation or exemption from this clause. Payment of the entire price is due immediately on the order date. Orders are place in euros.

The purchaser has several ways of paying for an order, as detailed below:

  • Payment by bank card: Visa, Mastercard, Maestro
  • Cash
  • Bank transfer


It is agreed between the purchaser and MQ sprl that an order is deemed to exist once the corresponding sums of money are effective, subject to MQ sprl's conditions, and that the order will therefore only be honoured:

  • When advice of a credit card payment has been received by MQ sprl
  • When the money order or cheque has arrived at MQ sprl's registered office
  • When the transfer is actually credited to MQ sprl's account.


The purchaser guarantees MQ sprl that he/she has the necessary authorisations to use the payment method he/she has chosen when entering his/her order. MQ sprl reserves the right to suspend or cancel an order or delivery, whatever the nature of the latter or its progress, in the event of the non-payment of any sum that may be due from the purchaser, or in the event of a payment issue.

Any invoice not paid by its due date, which may never exceed 30 days from the date on which our invoice is issued (art. 26 law 05/01/2006 commercial law), will automatically bear interest at a rate of 12% and will be increased by a fixed charge of 10% of the amount due, with a minimum of €50.00 and a maximum of €1,500.00, without the need for a reminder or formal notice.

Penalties of an amount equivalent to the legal interest rate plus five percent are automatically applicable to the unpaid amount at the end of a period of 10 days following the invoice date, or following notification of the rejection of a bank payment or any other payment method. The delivery of any new orders may be suspended in the event of late payment for a previous order, notwithstanding the present provisions.

MQ sprl reserves the right to require a photocopy of the purchaser's national identity card or passport for all payments by card or cheque.

Within the framework of combating internet fraud, information relating to all orders may be transmitted to a third party for verification.

Secure payments

The web site for our banking partners, the banque J. vanvBreda & C°, as well as Visa, uses an encryption process for all information, by means of its Ogone secure payment system, which is designed to protect all data that may be transmitted by internet payment methods, as effectively as possible.

Retention of title

The products / goods remain the full, complete and entire property of MQ sprl until full payment of the price, in principal, including charges and taxes, as well as any amounts due from the purchaser as a result of the contract of sale; in the event of non-payment by the due date, the goods may be recovered by the vendor. This retention of title does not form an obstacle to the transfer of risk, which will be borne by the purchaser from the date on which the ordered products leave the premises of MQ sprl, pursuant to the provisions of the article entitled “Delivery and receipt”.

Delivery and receipt

MQ sprl will not be held liable for delays in delivery, always provided for informational purposes and may still be subject to change (due, among other seasonal weather and / or special (volcano, ...), strikes (of any nature whatsoever), not timeliness of subcontractors and / or carrier, delayed supplies, ...

Given the fact that the company MQ sprl is currently only able to honour orders placed using credit cards within Benelux and mainland France, because of major variations in the costs of deliveries to overseas departments and territories and other countries, payments by bank transfer are only accepted following agreement with the client regarding the cost of shipping the order, for more information please contact our Customer Service Department.

Unless stipulated otherwise, deliveries are made to the address entered by the purchaser when placing his/her order. Please inform us of any change of address. Should we not be advised of a change, you are assumed to be resident at the last address known to us. In order to increase delivery reliability, we recommend that the purchaser provides a delivery address at his/her place of work, or where someone is guaranteed to be present at normal delivery times. Possible delays do not entitle the purchaser to claim compensation.

The risks incurred will be borne by the purchaser, even if shipping is free delivered to destination, from the date on which the ordered products leave the premises of MQ sprl. Delivery dates are merely indicative except where, in exceptional cases, MQ sprl has undertaken in writing to comply with a precise delivery date.

In the event that the purchaser should choose to pay by cheque, the order will only be processed on receipt of the cheque and the lead time will be adjusted accordingly, as well as costs associated with clearing a cheque. In the event that some items are unavailable, MQ sprl may be forced to split orders; available items may be shipped initially and the balance of the order will be shipped when all the other items are available.

MQ sprl delivers to its clients by post, Calberson or any other carrier of its choice. Should the purchaser require a different delivery service, he/she must indicate this when placing his/her order and bear any possible additional costs of this.

Large items or deliveries can only be shipped by a carrier with a delivery time agreed in advance with the client.
Deliveries by post and by Calberson take place as follows: The purchaser's goods are delivered to his/her home by the service provider's representative. Should he/she not be at home, the purchaser or recipient of the order receives a “non-delivery notice” from the service provider, which allows him/her to collect his/her order from the post office within a period of 15 days, or which contains either a possible delivery arrangement option (time and date to be arranged by the client, at his/her cost) or information regarding when the service provider will attempt a second delivery. In addition to these formalities: all additional charges (a 3rd attempted delivery, etc.) are borne in full by the purchaser/recipient.
On delivery, the purchaser must check the packaging and its contents, in the presence of the postman/postwoman or the carrier's representative.

In the case of a delivery by post, in the event that the purchaser has doubts of any kind regarding the contents of his/her parcel or parcels, he/she must:

  • Follow the Colissimo/Taxi post procedure and, specifically, report any damage caused, as well as any claims/complaints and reservations, and reject the goods by immediately by issuing an anomaly report to the postman or postwoman.
  • Report this incident to the company MQ sprl (with a copy of the delivery receipt, photos, etc.) by e-mail (within 24 hours).

In the case of delivery by a carrier

The purchaser must check the condition of the packaging, the number of parcels delivered and their labels.

In the event of any doubt or an anomaly of any kind, the purchaser must reject the parcel or parcels and report these issues to MQ sprl. In order to be valid (as regards carriers and possible insurance companies), all claims/complaints must be lodged within 24 hours: initially, with comments on the shipping document (CMR) (clear and very precise details of the damage and the signature + name of the consignee), and then by e-mail, to us, with a copy of the shipping document (CMR) , explanatory photos, etc. (subject to acceptance of the dossier by the carrier and/or its insurer).

Delivery of your parcel(s)

We pay specific attention to the delivery of your parcel(s).

Products ordered are delivered by our carrier to the address you have supplied us with. Delivery means carriage of your order from our warehouse to your address. We should like to draw your attention to the fact that deliveries are not necessarily made by appointment. We use various carriers, depending on the region, and the majority of them will arrange delivery with you on the day before their anticipated delivery. If you are not at home when the carrier attempts to deliver, a non-delivery notice is left in your letter box with the carrier's contact details to enable you to arrange another delivery.

A number of rules MUST be followed when taking delivery of goods.

Please check:
1. the label: there is always 1 self-adhesive label, which must clearly show your details and details of the parcel's contents: from the moment when you accept and take delivery of this parcel: you become entirely responsible for it.

2. the condition of the goods in the presence of the carrier :

  • Please report any anomaly on the delivery receipt and indicate this on the carriage receipt.
  • Precise and detailed reservations regarding the condition of the packaging and the goods must be expressed, by making a note of the product reference and the subject of the reservation.
  • A general comment such as "subject to unpacking" having no legal value (art. cmr n°30) – as soon as possible, if there is any damage, please: take photos (packaging, etc.) and send them to us (info@mqsprl.com) with a copy of the delivery receipt WITH your reservations.



Any claim/complaint not mentioned on the carrier's delivery receipt cannot be dealt with in any way.

Lead times

Average delivery lead times from MQ sprl's depot are 72 hours, for large parcels and for special orders and deliveries please contact us.

These lead times are purely indicative.

In all cases, and pursuant to the provisions of Article 121.20.3 of Consumer Code, products ordered will be delivered within a maximum of thirty days from the day after that on which the purchaser has placed his/her order, subject to full payment of the price.

Should no delivery have been made by the end of this period, the purchaser will be offered the option to cancel his/her order. Amounts paid by the purchaser will be refunded immediately, with the exclusion of any other compensation. In the event of a late delivery, in relation to the date initially set, the purchaser should report this in writing (letter, fax, e-mail) to MQ sprl, in order to improve the service offered to him/her and to enable MQ sprl to carry out investigations as regards the carrier.

This investigation may last for twenty one days, during which time, if the order is located, the delivery will immediately be e-routed to the place of delivery specified in the purchase order.

However, if the product is not located prior to the end of this twenty one day period, MQ sprl will re-ship the products ordered by the purchaser, at its cost.

In the event that the product ordered is no longer available, the provisions outlined in this contract, in the article entitled “product availability”, will be applied. In the case of a new shipment, the costs will be borne by the purchaser.

Latent defects and liability

In the event that the products delivered by MQ sprl should display a latent defect, MQ sprl may, at its discretion, remedy this defect or replace the defective product with another. Should MQ sprl not wish to remedy this defect or replace the product with another, or should MQ sprl be unable to do so, or should MQ sprl be unable to do so in good time for reasons beyond its control, the purchaser may, at his/her discretion, return the product in return for a refund of the price and return costs or request a price reduction.

The products offered for sale comply with current legislation. MQ sprl will not be liable in the event that the product delivered fails to comply with legislation in the country of delivery (censorship, ban on a book's author, etc.)

Equally, it may not be held liable for the content of web sites to which internet users are directed by hypertext links on its web site.
MQ sprl undertakes to pay all due care and attention to provision of the service offered to the client, in accordance with professional standards. Nevertheless, it may not be held liable in the event of a failure to fulfil its contractual obligations as the result of an act of God or an event of force majeure including, without limitation, a natural catastrophe, strike, fire, flood, an equipment, transport or communication failure or breakdown, or the actions of the purchaser.

Furthermore, MQ sprl may not be held liable in the event of a delay caused by an interruption to the supply of stock from a supplier, or in the event of an error in the presentation of products on its web site, the photographs, text and illustrations representing products not being contractually binding.

We should specifically like to draw the user's attention to the fact that incorporation of products into a vehicle will probably result in changes in certain technical characteristics of vehicles equipped with them, representing a significant modification pursuant to article R. 321-16 of the highway code.

Any vehicle equipped with our products must therefore be subjected to an inspection designed to check that the vehicle complies with the technical conditions for use on public roads, following these modifications. The owner of the vehicle must request this new inspection from the Prefect. The owner of the vehicle should send a request for an inspection to the Prefecture for his/her home address, which will forward the dossier to the vehicle registration authority. This request should contain a description of modifications made to the vehicle since the time of its previous inspection.

Within fifteen days of modifying the vehicle, the owner must also send the Prefect for the vehicle registration department a modification declaration, accompanied by the registration document, in order for the latter to be amended. A failure to declare a modification within this period is punishable by the fine stipulated for class 4 infringements. The goods, services and modifications invoiced on the basis of this document are exclusively reserved for competition. The user must specifically obtain the official approval necessitated by the possible structural change, resulting from the modification, brought about by the addition of the product ordered.

MQ will not be held liable in the event of a breach of the law in the country where the product is delivered (for example in the event of a ban on a product, etc.). You are responsible for checking the options for importing or using products or services that you intend to order with local authorities.

Photos are provided for illustration purposes. Please refer to the description of each product for more information on its precise characteristics and, in the event of any doubt or if you need more information, please don't hesitate to contact us.

MQ will not be held liable in the event of an obvious contradiction between the characteristics of a product and its representation and/or the conditions of sale.
Please feel free to contact us should you have any questions about the products.

In the case of purchases for professional purposes, MQ will not be held liable for any consequential losses resulting from this including operating losses, lost profit, lost opportunities and losses or costs, which may arise as a result of purchasing products. We should like to remind you that it is wise to save/backup data contained in the products purchased.

MQ may not be held liable for any loss of data or files or the losses outlined in the previous paragraph.
Complete or partial inability to use the products, in particular because of the incompatibility of equipment, will not result in any compensation or refund, or render MQ liable.

Warranty

We will replace or repair equipment that we (or the manufacturer) recognise as defective because of imperfect work or material defects, on condition that it is returned "free delivered to our warehouse" and only following authorisation from us (or the manufacturer who supplies us).

The warranty is limited, in all cases, to this replacement and/or repair and/or the provision of spare parts for replacement or optimisation of the system, without any other involvement on our part (labour, carriage costs, travel costs, etc.)

Any right to a refund for damage caused by broken components is formally ruled out.

Damage caused by installation errors or unauthorised modifications, alterations, incorrect measurement or external causes is also excluded.

Production sales: With no commitment as regards the continuity of sales.

Specific and additional restrictions, associated with the particular nature of products such as wheel rims (aluminium, polished aluminium, etc.), electrical and electronic items, special orders and airbags add up (see below).

Contractual guarantees do not cover.

  • stone chips, the use of abrasive products, salt damage, poor maintenance or a lack of “proper” care,
  • the replacement of consumables (batteries, bulbs, fuses, etc.),
  • the abnormal or non-compliant use of products. Please read the user manual supplied with the products carefully,
  • breakdowns associated with accessories (power cables, etc.),
  • defects/failures and their consequences caused by use of a repair workshop not approved by MQ,
  • defects/failures and their consequences caused by uses that do not comply with the purpose for which the product is designed,
  • defects/failures and their consequences associated with any external cause. Nevertheless, in all cases, you will benefit from the provisions of the legal warranty, and specifically those relating to the legal warranty outlined above.



Right of withdrawal – satisfied or refunded

Pursuant to article L121-20 of Consumer Code, the purchaser has a period of 14 days from the day of receipt within which to return the products ordered for a refund, at his/her cost.

The products must be returned to MQ sprl, with the latter's prior written agreement, in a perfect condition for resale, in their original condition (packaging, accessories, documents, etc.) properly sealed and accompanied by the corresponding invoice for the sale.

Equally, if the product has a paper warranty or any other document to be completed, this must not be filled in, in order for the purchaser to exercise his/her right of withdrawal.
No refund or exchange will be given for incomplete, spoiled, dirty or damaged products or for those whose original packaging may have been damaged.

Exercising the right of withdrawal will allow the purchaser to choose:

  • either a refund in the form of a cheque-letter within a period of 30 days
  • or the provision of a credit note subject to the conditions outlined in the section entitled “general conditions for refunds”. »


10% of the value of the goods will automatically be deducted for administration and handling costs, at the cost of the purchaser.

General conditions for refunds

Subject to the specific provisions outlined in the section entitled “right of withdrawal – satisfied or refunded”, all refunds offered by MQ sprl will be paid in the form of vouchers for use on its web site.

In all cases when a voucher is issued MQ sprl will advise the recipient by e-mail of:

  • Its validity period
  • The option that the purchaser has (or not) to request a refund
  • Its value


Unless stipulated otherwise on the voucher, during its validity period, the client may simply call or e-mail the Customer Services Department to request the conversion of this voucher into a refund.

A refund will be made, first and foremost, by transfer (bank details to be provided). In the case of the partial use of a voucher, the balance will remain available to the client under the same conditions as the original voucher.

A voucher will be deemed to have been used in the case of partial use or in the event of a refund.
By using this voucher, the purchaser formally undertakes not to dispute or block the transaction relating to the refund with his/her bank or other institution, and undertakes not to do so within a period of a year following use of the voucher.

The purchaser acknowledges that he/she is aware that any breach of this undertaking will oblige him/her to return amounts unduly received, without prejudice to compensation that may be claimed from him/her by MQ sprl

Partial invalidity

Should one or more clauses of these general conditions of sale be deemed invalid or declared as such by the application of a law or regulation, or following a definitive decision by a competent court, the other clauses will retain all their force and scope.

Applicable law and jurisdiction

The purchaser undertakes to seek an amicable solution with MQ sprl before instituting any legal proceedings. This contract is governed by Belgian law.
The language of this contract is French.

In the event of legal action, the competent courts are those with jurisdiction over the vendor's registered office.

Data protection

The information gathered for all orders by MQ sprl from the purchaser is needed for his/her order to be processed by MQ sprl and its commercial partners.

Pursuant to Data Protection Act 78-17 of 6th January 1978, the purchaser has a right of access, correction, objection and removal as regards the data relating to him/her held by MQ sprl. The latter undertakes not to pass on any information to other companies or organisations.

Should the purchaser not wish to receive these offers, he/she can inform MQ sprl of this by sending a letter to MQ sprl – Zoning Industriel "La Fagne", Nationale 4 (km 75)
rue Ernest Matagne 38 C BE - 5330 Assesse or an e-mail to info@mqsprl.com

Recycling premiums

Recycling premiums and other green taxes, including fuel surcharges, are always paid by the purchaser, in addition to the price of the goods, even though they do not appear on a quote.

Intellectual property rights

All components of MQ sprl's webshop, visual elements and technologies used, are protected by the law governing intellectual property. They are the sole property of MQ sprl. Any complete or partial reproduction of the web site MQsprl.com is strictly prohibited.