GENERAL TERMS AND CONDITIONS OF SALE
The Shyfter.co service is managed by SHYFTER SA, with the address at 30 Boulevard de Waterloo, 1000 Brussels – Belgium and Quai Paul Verlaine 2/2, 6000 Charleroi – Belgium, with enterprise number 0720.922.212, email: hello_at_shyfter.co, phone +32 2 320 26 57.
Article 1.
Unless mandatory legal provisions state otherwise, these general terms and conditions apply to all activities of SHYFTER SA. These general terms and conditions, as well as any special conditions of SHYFTER SA, are deemed accepted by its buyers and suppliers, even if they contradict their own general or special conditions. Any deviations from these conditions must be documented in writing and notified by a person authorized to commit SHYFTER SA.
Article 2.
SHYFTER SA disclaims any liability for damages that may result from the use of the information on its website. Therefore, you are entirely responsible for how you use this information.
Offers from SHYFTER SA are made without commitment. Orders are only final after being confirmed in writing by a person authorized to commit SHYFTER SA. SHYFTER SA cannot be held responsible for any failure to meet our obligations under these Conditions caused by facts beyond our control and/or resulting from a force majeure. Force majeure cases include, in addition to those recognized by case law, all natural disasters, acts of war, public order offenses, epidemics, fires, floods, and other disasters, all government acts, all strikes, lockouts, as well as all external electrical and technical problems preventing communications.
Article 3.
Delivery and production times are indicative. SHYFTER SA reserves the right to invoice for services, training, and advice progressively as deliveries are made, even if they are partial.
Article 4.
SHYFTER SA is only responsible for hidden defects unless it demonstrates the undetectable nature of the defect. The warranty of SHYFTER SA ceases if the buyer has not notified us of their grievances by registered letter at the latest within one month of the sale. SHYFTER SA’s liability is limited to the availability of the website or the resolution of any errors without being required to make any refund, compensation, or damages of any kind and for any reason whatsoever.
Article 5.
Unless otherwise agreed in writing, all invoices of SHYFTER SA are payable in cash at the domicile of SHYFTER SA. The failure to pay an invoice at its due date immediately makes all amounts due payable, regardless of previously granted payment facilities. In case of non-payment at the due date of a partial supply, SHYFTER SA reserves the right to cancel the balance of the order.
Article 6.
In the absence of payment of an invoice on its due date and without prior notice, the debtor acknowledges being obliged to pay compensation fixed at 15% of the due invoice amount with a minimum of €150.00 and an interest at the rate set by the law of 02.08.2002 on combating late payments in commercial transactions.
Without excluding other legal remedies, we reserve the right to warn you, temporarily or permanently suspend your access, terminate it and stop providing our services to you if you violate any part of these Conditions.
Article 7.
The buyer acknowledges that this site has been developed with the utmost care. It is for informational purposes and subject to change. Shyfter.co cannot be held responsible for any damages that may be directly or indirectly caused by its use.
We do not guarantee that the operation of our services will be uninterrupted, error-free, or secure. Although we strive to make the Shyfter.co website available seven days a week and 24 hours a day, we reserve the right, at any time and without notice, to interrupt access to the site for technical or other reasons as well as to end our services, without being held responsible for these interruptions and the consequences that may result for you or a third party.
Article 8.
Sending the invoice showing the final balance constitutes a request for acceptance if it has not been made previously. In the absence of a claim by registered letter within twenty days from the date of invoicing, the work will be considered as definitively and unreservedly accepted.
Article 9.
In the event of a dispute, other than the recovery of unpaid invoices, the parties undertake to first resort to mediation by appointing an accredited mediator and to participate in two sessions of a minimum of two hours to attempt to find an amicable solution.
Article 10.
The Contract Price may be automatically revised according to the variation of the consumption index, by applying the following formula: P = (P0 x S) / S0, in which: • P represents the tax-excluded price after revision. • P0 represents the tax-excluded price at the date of contract renewal or the date of the previous revision. • S represents the value of the last SYNTEC index published at the date of revision. • S0 represents the value of the last SYNTEC index published at the date of the first invoice of the current year or at the date of the previous revision. In the event of the disappearance of the chosen index, and in the absence of an agreement on a new index within two months, the parties grant jurisdiction to the president of the Brussels commercial court acting in summary proceedings to define a new index that will be integrated into the revision formula.
However, it is expressly recognized that in the event of a change in its rates, SHYFTER will inform the Client by email (mailing) or other means of communication so that the Client has all the necessary information to continue or stop the Contract.
Article 11.
You agree to defend and indemnify SHYFTER SA (including reasonable attorney’s fees) as well as its agents, directors, agents, and employees against any claim or demand made by a third party, caused or resulting from your violation of these Conditions or your violation of any law or any rights of these third parties.
Article 12.
You commit to respecting the laws, regulations, or standards of all kinds in force relating to the use of our services.
Article 13.
Shyfter.co on one hand and you on the other are independent parties, each acting in its own name and for its own account. These Terms of Use do not create any subordinate relationship, mandate, joint venture, joint enterprise, employer/employee, or franchisor/franchisee relationship between Shyfter.co and yourself.
Article 14.
All disputes will fall under the exclusive jurisdiction of the courts of the judicial district of Brussels, even in the case of a call for guarantee or multiple defendants. However, SHYFTER SA reserves the right to summon before the Judge of the domicile of or one of the defendants. No payment method or execution will bring about innovation or derogation to this express clause of exclusive jurisdiction attribution. Belgian law will be the only applicable law.