1. Generalities
These Terms of Use govern the access, the use of the Internet Site of A m p h i o s s.p.r.l., a company incorporated under the laws of the Country of Belgium, with registered office at 57, Avenue de l’Eté – 1410 Waterloo, and having the company number BE 0898259194 (hereinafter referred to as the “Seller”).
With the exception of deviations agreed explicitly and in writing between the Seller and the Customer, these conditions apply to all offers, orders, and agreements between the Customer and the Seller, and to all actions taken to execute them.
These conditions are accessible to everyone on our website https://www.electric-star.com, they can change without any prior notice.
In case one or more clauses of these conditions is/are void, the other clauses of these conditions will remain valid. The English text of the current document exists only for Customer convenience and it is a translation based on its french version, which remains the main reference for our conditions of sales and use of our site.
2. Completion of the agreement
The agreement comes into force only after acceptance of the order by the Seller. By placing the order the Customer accepts these conditions. The Seller reserves the right to refuse orders from Customers with which there is a pending dispute.
All Seller’s offers are non-binding. In the event that the Seller can not fill an order for any reason, it will communicate this to the Customer as soon as possible. Under no circumstances is the Customer entitled to any type of indemnification. The period of withdrawal is of fourteen days after the presentation of the shipment by the carrier at the shipping address of the Customer.
3. Ownership
As long as the Customer has not integrally paid the price of the goods as well as any shipment- and payment fees, they remain the property of the Seller.
4. Prices and quotation
All prices are expressed in Euro, including VAT, but excluding shipment and funds transfer fees. In case that the Customer is not residing in the country of the Seller, the Customer is responsible for all the taxes and all the import duties that are claimed in the country of destination.
Any offers and promotions are always performed within the limits of available stocks and have never retroactive effect.
In the transportation fees the term of “weight” provided in our pages and documents, as in your basket etc. represents miscellaneous costs of handling, packaging work and packaging material and also the eventual volumetric weight that may concern some products and that is charged by the carriers. It may also include any eventual fuel surcharges that the transportation companies may require. For this reason the transportation weight always differs from the effective scale weight of a product.
Every request for taxes and/or duties refund after exportation will generate at least a minimum additional fee of 30,00 Euros (excluding taxes) which will be charged to the Customer. This fee may vary following the workload generated by the taxes and duties refund process.
This amount will be due by the Customer, even if the customs authorities do not accept the request.
5. Payment
The buyer is required to pay the net amount that is mentioned on the order confirmation and invoice. This amount includes the sales price of the delivered products, including any shipment fees and/or fees for the collection of payments, and including VAT
The payments can be made via all the credit cards that are accepted by PayPal or via a bank wire transfer. The use of PayPal involves additional fees that will be charged to the buyer at the end of the checkout process.
In case of bank wire transfer, all the bank fees for this operation must be paid by the Customer.
6. Products information
The information as the images provided for all of our products are simply informative and non contractual. Our products are continuously evolving and for that reason some data provided could be different from the specifications of the final product. Images include frequently additional peripherals that are only available as options and must be purchased separately.
The installation and setup of certain products often requires the intervention of professionals with the necessary skills for this, as well as reading the documentation available on the Internet. The Customer acknowledges that he is aware of this and either has himself all the necessary knowledge to install and set up all the goods he acquires on our site, or has the products installed by a qualified professional. The Customer acknowledges that he/she is fully aware of the purpose of the use of the items purchased on the Seller’s site as well as the compatibility between them or with other items sold or not sold by the Seller. If this is not the case, or if there is any doubt about the use or compatibility of these items, the Customer undertakes to find out about it or not to buy these items.
All information relating to the performance of the products indicated on our website, in the manuals, on the commercial documentation, or exchanged verbally or in writing are provided for information purposes only and are therefore not contractual. The fact that one or all of these performances cannot be achieved by the user cannot allow the products to be qualified as defective, as they are always dependent on the electrical installation that supplies them, on the installation of the products and the components used by the Customer, as well as on the conditions of use over which the Vendor has no control.
All trademarks mentioned belong to their respective owners and are indicated for information purposes only.
7. Responsibilities
The Customer undertakes to take all necessary actions to be in good standing with respect to the legislation to his home country that governs the use of products such as those sold on our site. The Customer also undertakes to acquire all the necessary insurances for the use of these products. Some of our products cannot be used for military purposes. The Customer is responsible for all the customs clearance procedures, all the taxes, all the duties and fees related to the importation process – this is not a limiting list. All these expenses are to be paid by the Customer at the country of destination or transit.
Some articles may require a special authorization in order to be imported in some countries. It is therefore possible that some of the articles sold on the Seller’s site fall under a special regulation category that depends on the destination country. In some countries, it is possible that some articles are restricted or even forbidden. The purchase of any article available on the Seller’s site is under the Customer’s responsibility. The Customer accepts to undertake all the necessary actions by the relevant authorities of the destination’s country, in order to learn if the articles that he wants to purchase on the Seller’s site are concerned by any of these restrictions or any other rule, before ordering these articles.
The Customer undertakes to return at his cost the defective parts to the Seller for inspection before any conclusion. Please see also the section named “Warranty, repairs and return of material”. Consumables and security items like fuses etc are not covered by the guaranty.
When an insurance is proposed by our systems during the checkout process, it is the one proposed by the shipping carrier UPS. The coverage and the conditions of this insurance are strictly the ones proposed by UPS s.a. and the Seller just transmits the Customer’s request without being involved for anything else than this transmission of request to the shipping carrier. The carrier reserves the right to refuse this insurance.
8. Deliveries and delivery periods
The Seller charges fees for the shipment of the products, unless explicitly mentioned otherwise.
The fees that apply to the Customer’s order are displayed during the online checkout procedure.
The risk of damage, loss or theft during transportation is at the expense of the Customer.
The delivery periods shown on our website, during the order’s confirmation and with any quotation provided by us are strictly limited to informational purposes only and depend frequently on factors out of our scope of action. The delivery delays are only estimations based on information provided by the carriers. The delivery delays are estimated in working days, excluding the weekends.
With the exception of items specifically stated on order, Seller will make arrangements so that the products offered on the site are available as quickly as possible. Nevertheless, from time to time it is possible that a product is no longer available. In this case the Seller will inform the Customer as quickly as possible and the Customer has the possibility to cancel his order without any costs.
Under no circumstances can the Seller be held responsible for damages that would result from the fact that the product is out of stock, or for any delivery delay that may occur and this for any reason.
Orders will not ship before their payment arrives to us. If the payment didn’t came to us within 7 days after an order was placed, this order will be deleted and the articles that it contains will return to our stock.
If the Customer is absent at the moment when the delivery attempt occurs, he must contact the carrier in order to claim his package and set a new appointment for a new delivery.
If the parcel is finally returned to the Seller due to the fact that the Customer didn’t claimed it by the carrier, the cost of re-shipping of the order will be paid by the Customer.
9. Complaints
If the ordered products do not respond to Customer expectations because of breakage, damage, or an incorrect delivery, the Customer needs to inform the Seller within 2 working days after the reception of the products.
If the Seller does not receive any written complaint from the Customer within the terms mentioned above, it is assumed that the delivery was filled in accordance with the order.
10. Warranty, repairs and return of material
Generally, Terms and Conditions presented in this page apply only to parts and components ordered online through our webshop. A Legal 2-year warranty on manufacturing defects is applied. This warranty will be applied provided that the manufacturer has inspected the concerned equipment and agrees, in order to ensure that the fault occurred is not due to misuse by the customer.
The cost of the transportation for any item or equipment that will be sent to us (or to the repair service of its manufacturer), whether it is or not under under warranty, or for any other reason, will be at the expense and responsibility of the Customer. The risk of damage, loss or theft during transportation is at the expense of the Customer. No material will be accepted without an RMA number. For customs purposes, who remain under the entire responsibility of the customer, the RMA number must be well written on the external part of the returned package.
In case of faulty equipment, or any part thereof, sold by the Seller, the Seller could not be held responsible for any direct or indirect loss or damage that may result.
In any case, the intervention of the Seller will be limited to the repair or replacement the defective part assuming that this intervention is accepted by the manufacturer of the equipment.
To cover all damages and / or loss resulting from such defect, the customer agrees to contract an insurance policy.
No replacement of material will occur before it has been inspected by the manufacturer and its replacement accepted by him (the manufacturer).
In the event that a material pretended defective is returned to us without reason (if that material is not defective), the costs generated by the testing thereof, such as manpower, necessary equipment and transportation costs will be charged to the Customer.
Every attempt to repair an article by the Customer, either in hardware or software (update, change of settings etc.) will automatically result in the cancellation of the warranty of the concerned article. The Customer has a 14-day right of withdrawal, which begins the day following delivery of the product.
All returns of goods incur a fee of 15% of the price of the ordered items that will be charged to the Client. In order to be accepted, any material that is returned to the Seller, must be untouched, unused and in it’s original packaging. If this is not the case, this material will be refused and sent back to the Customer at his expenses. An eventual refund, after deduction of the administrative fees (please see above), will only be possible under the format of a reduction code to use on a future order on the Seller’s site.
11. Personal information
By accessing the Seller’s web site, the Customer agrees to the collection and the use of certain personal data by the Seller. The data will be used by the Seller in accordance with the law “Informatics and freedom” of the 6th of January 1978.
The personal data provided by the Customer will be stored in the Seller’s databases. These data will be used for the execution of the Customer’s order.
12. Governing law and jurisdiction
These general terms and conditions are governed by Belgian law. Any disputes shall be subject to the jurisdiction of the courts of Brussels.
In the event of any doubt as to the interpretation of the terms used, the French language shall prevail.