GENERAL TERMS AND CONDITIONS OF SALE
1. These general terms and conditions are issued by the company VIRTUALTEK SRL represented by Mr. Arnaud SIMONIS (hereinafter “VIRTUALTEK”), whose registered office is located at Ruelle des Colons 14, 4252 OMAL, Belgium, and which is registered with the B.C.E. under number BE0689720577.
VIRTUALTEK specializes in:
– The sale of computer equipment
– Virtualization services
– Storage services
– Support and maintenance of IT infrastructures
– In-person or online training of IT teams
2. VIRTUALTEK provides services to its clients based on these general terms and conditions.
Exceptions to these general terms and conditions only apply if particular and written agreements are concluded with the latter.
3. By signing the purchase order or agreement or by accepting the order confirmation, the contracting party expressly acknowledges having read these general terms and conditions. In the event of any contradictions between these terms and the terms of the contracting party, these terms shall prevail.
In the event that the order is placed online, the confirmation of the order constitutes acceptance of these terms of sale. By confirmation, the contracting party acknowledges having fully read these terms. Similarly, they agree that these terms take precedence over other general terms and conditions.
Unless otherwise indicated, offers and/or quotes proposed by VIRTUALTEK are valid for a limited period of 5 days from the date of issuance.
4. No order shall engage the liability of VIRTUALTEK unless the order has been confirmed in writing by them, including in electronic format.
5. The Client must inform VIRTUALTEK of any changes in the processing and execution of the contract sealed via the order.
6. Subscription to VIRTUALTEK’s services is carried out through a sealed contract (order with acceptance) with the client.
7. In the event of unilateral cancellation of an order by the contracting party, we reserve the right to demand compensation equal to 30% of the total order amount.
8. Unless expressly and in writing otherwise stipulated by the parties, the deadlines stated on the purchase order or contract are indicative only.
VIRTUALTEK takes all possible measures to respect the imperative deadlines for the execution of services.
In any case, VIRTUALTEK cannot be held responsible for any potential delays that may occur in the following cases:
– Force majeure events (including, in particular, strikes, technical incidents, supplier delays, and labor shortages);
– If payment conditions are not respected;
– If changes are decided by the client during the course of the work;
– If the client does not provide the requested information within the specified timeframe.
This list is not exhaustive.
In general, the provision of services constitutes an obligation of means and not an obligation of result.
9. In any case, VIRTUALTEK’s liability cannot be invoked in the event of non-payment or delayed payment by the client for third-party services or products. Should VIRTUALTEK’s services be delayed in their execution or unable to be executed due to an issue related to third-party services or products, VIRTUALTEK’s liability cannot be held responsible.
10. Throughout the contractual relationship, any modifications to the purchase order or an offer by the client must be expressly and in writing accepted by VIRTUALTEK.
11. In general, any goods must be collected from VIRTUALTEK’s registered office.
Goods remain the property of VIRTUALTEK until full and complete payment is received.
However, the risks associated with the goods are borne by the contracting party. Unless expressly stipulated otherwise, the goods must be removed from VIRTUALTEK’s headquarters.
12. In the event of delivery and transportation of goods, the choice of the means of transport is at the discretion of VIRTUALTEK. The risks and costs related to the transportation of goods are borne by the contracting party, except in cases where fraud or gross negligence on the part of VIRTUALTEK or one of its agents is proven.
In any case, delivery must be made to the domicile of the contracting party or to a delivery location closest to them.
The contracting party shall make every effort to facilitate the delivery of the ordered goods. Specifically, they must ensure the accessibility of the delivery truck, that the path to be taken is passable by truck, and that they can support the load and weight of the delivery truck.
No claims can be made if the delivery truck causes damage to the path taken.
13. In the event of claims for fraud or gross negligence, these must be stipulated in writing immediately upon their discovery and no later than 48 hours thereafter.
14. Prices are understood to be exclusive of VAT and in euros, unless otherwise stipulated.
All sales and services provided by VIRTUALTEK are subject to invoicing.
Sales of equipment are subject to a deposit of 30% of the sale amount upon order placement, except in the case of establishing a contract through our partner GRENKE. The balance is due the day before or on the day of delivery, unless expressly and in writing otherwise stipulated by the parties.
15. After this period, VIRTUALTEK reserves the right to claim late payment interest (pursuant to the aforementioned law of August 2, 2002, and its implementing royal decrees, also applicable to consumers) at a rate of 12% per annum and to retain any deposit paid by the client.
VIRTUALTEK will exercise an exception of non-performance for other service requests ordered in the case of outstanding invoices.
16. In the event of non-payment, the contract between VIRTUALTEK and the client is automatically terminated, without prior notice.
17. In the event of delayed payment within the aforementioned deadlines, the client shall be immediately liable for compensation equivalent to 15% of the disputed invoice or the total amount due in principal, interest, and fees, with a minimum compensation of €150.
The prices and fees related to the provision of services may vary due to changes in prices/fees from our partners. These modifications may be passed on to the client without prior notice.
Similarly, prices and fees may be modified without prior notice in the event of unforeseen circumstances, force majeure, catastrophes, or natural calamities.
18. The software we offer remains the property of the publishers. Only a license to use is granted. The user may not, in any form, transfer, sublicense, pledge, communicate, or lend them for a fee or for free. They will maintain the property notices on magnetic media and manuals and ensure the confidentiality of the software.
19. Under no circumstances can our liability be engaged for the consequences of the use of the goods (both Hardware and Software) that we have sold, whether they involve direct or indirect damages, accidents, damage to distinctive property of our equipment, loss of profits or loss of earnings, damages arising from or to arise from deterioration or loss of data recorded by the user, damages resulting from total or partial inactivation, or other damages. If our liability is held due to the non-performance or poor performance of our contract, the total compensation cannot, by express agreement, exceed an amount equal to 10% of the amount of the equipment that is the source of the damage.
20. The processing of personal data may be necessary for the execution of the sealed contract between the parties.
The client’s consent will be expressly obtained in compliance with the relevant legislation.
When you access the site, the consulted servers automatically collect the following data:
– The IP address assigned to you upon your connection;
– The date and time of access to the site;
– The pages viewed;
– The type of browser used;
– The platform and/or operating system installed on the PC;
– The search engine as well as the keywords used to find the site.
This information is only kept for the sole purpose of measuring the number of visitors in the different sections of the site and making improvements.
21. In order to facilitate your navigation on our site as well as to optimize technical management, this website may occasionally use “cookies”.
A “cookie” is a small piece of information saved by a website within your computer’s Internet browser. This “cookie” can be retrieved during a subsequent visit to the same site. The “cookie” cannot be read by any other website than the one that created it. The site uses “cookies” for administrative purposes, for example, to record your preferences for certain types of information, which will save you from having to repeat the same keyboard entries during each visit to our site.
Most “cookies” only work for the duration of a session or visit. None of them contain information that would make you likely to be contacted by phone, email, or postal mail. You can also configure your browser to inform you each time a “cookie” is created or to prevent their recording.
22. The intellectual property rights of VIRTUALTEK (Arnaud SIMONIS) are in no way granted to the contracting party and remain the property of VIRTUALTEK (Arnaud SIMONIS).
23. In the event of disputes in the interpretation or execution of these terms, the courts of the judicial district of LIEGE shall have exclusive jurisdiction.
The applicable law is Belgian law.
The languages used for relations with the client, as well as for the procedure, will be French or English.
In the event that one or more clauses inserted herein or in a particular agreement/stipulation are null, illegal, or invalid, the other clauses remain fully valid.
24. To view our full Privacy Policy, click on the link: [Privacy Policy](#)