General terms and conditions of sale
Unless otherwise provided for by law, the present general conditions apply to all activities of Domintell SA. The present general terms and conditions, as well as any special terms and conditions of Domintell SA, are deemed to be accepted by its buyers and suppliers, even if they are in contradiction with their own general or special conditions. Any deviation from the present conditions must be noted in writing and notified by a person authorised to commit Domintell SA.
The offers of Domintell SA are made without obligation. Rentals only start once they have been confirmed and deposits have been paid. Domintell NV is not liable for non-performance due to force majeure, strike, lock-out, etc.
Delivery times are given as an indication. The goods travel at the buyer's risk, the transfer of risks being effective as soon as the goods leave the warehouses of Domintell SA. Domintell SA reserves the right to invoice the goods as they are delivered, even if they are partial.
The goods rented by Domintell SA are guaranteed by the manufacturer against all manufacturing defects. Domintell SA is not responsible for hidden defects. Domintell SA's guarantee shall cease if the lessee has not informed Domintell SA of his complaints by registered letter within one month of the sale. Domintell SA's liability is limited to the replacement of the defective part without being held liable for any reimbursement, indemnity or damages of any kind and for any reason whatsoever.
Unless otherwise agreed in writing, all invoices of Domintell NV are payable in cash at the domicile of Domintell NV (via its online shop). The non-payment of an invoice on the due date makes all the sums due immediately payable, regardless of the payment facilities previously granted. If the monthly rental payment is not made, Domintell SA reserves the right to cancel the rental and/or the service.
In the event of non-payment of an invoice on its due date and without prior formal notice, the debtor acknowledges that he is bound to pay compensation fixed at 15% of the amount of the invoice due with a minimum of €150.00 and interest at the rate fixed by the law of 02.08.2002 relating to the fight against late payments in commercial transactions. This indemnity may be added to the price of the deposit for the product and/or services invoiced in the event of non-return of the rented equipment.
The buyer acknowledges that the goods remain the property of Domintell NV until a possible final sale.
The sending of the invoice including the initial balance (deposits) is equivalent to a request for acceptance if this has not been carried out previously. In the absence of a complaint within twenty days of the invoice date, the products will be considered to have been accepted definitively and without reservation.
All disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Brussels, even in the event of a guarantee call or multiple defendants. Domintell SA reserves the right to summon the judge of the seat of one of the defendants. No method of payment or execution shall bring novation or derogation to the present express clause of exclusive jurisdiction. Only Belgian law shall apply.
The online buyer has 30 calendar days from the time of online rental to cancel and return the order as described in Dcare's "Returns and Refunds Policy".
Within this period, the tenant must inform Domintell SA in writing that he wishes to cancel his rental: by e-mail via email@example.com, by registered mail to Domintell SA - Rue de la Maîtrise, 9 - 1400 Nivelles or via the contact form. Without obligation to indicate the reasons for which he wishes to cancel his purchase.