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DNM ACQUISITION offers the sale or rental of reliable and fast payment terminals equipped with the latest technologies. DNM ACQUISITION also offers hardware installation, configuration, customization, commissioning, proper functioning tests, demonstration, training of user personnel and maintenance of the equipment purchased or rented. These general conditions of sale/rental are applicable, except for specific written exceptions, accepted by mutual agreement of the parties, to all orders received by DNM ACQUISITION and relating to on the supply of payment terminals. Placing an order implies the Customer's full and complete acceptance of these general terms and conditions. Any contrary condition imposed by the Customer is unenforceable against DNM ACQUISITION. DNM Acquisition cannot be bound by any other document. These general terms and conditions prevail over any other purchase/rental conditions or purchase orders of the Customer. DNM ACQUISITION reserves the right to modify these general terms and conditions at any time, without notice.
Under these General Conditions of Sale (the “Conditions / GTC*”), the following terms are understood to mean:
DNM Acquisition is a Belgian company that offers payment solutions. As a broker, it offers a wide range of payment terminals and collaborates with various banking operators.
These general terms and conditions define the obligations of each Party and apply to all our contractual relationships. As a Client, you acknowledge having read and accepted these general terms and conditions, payment and/or signing of the Contract constitutes confirmation of agreement to these. In the event of a contradiction between the clauses of the Contract and those of these general terms and conditions, the former shall prevail. All business relationships and services provided by the Seller to its Customer are and will be governed by Belgian law and by these General Conditions.
These general terms and conditions of sale/rental/leasing form the Contract, accompanied, where applicable, by other documents expressly referred to in the purchase order, constitute the entire agreement between the parties. These contractual documents cancel and replace in their entirety all other terms and conditions to the contrary and/or having a different meaning that may have been proposed by the Customer, as well as all oral and/or written communications between the parties that have not been expressly incorporated into the existing agreement between them. Unless otherwise stipulated, offers, documentation, catalogs and quotes are provided by the Seller/Lessor for informational purposes only. No modification of the terms of the agreement between the parties shall be binding on the Seller/Lessor, unless expressly agreed in writing by the latter. Any offer sent by the Seller/Lessor to a Customer shall only become final upon acceptance of these general terms and conditions of sale/rental. Acceptance of the Seller's offer/ Lessor or the placing of an order by the Customer entails the Customer's acceptance of these general conditions of sale/rental, unless otherwise agreed. expressly established in writing.
The rental contract is concluded for a minimum period of 12 months. After the first 12 months, the contract will be tacitly renewable, from year to year. year.
The price payable by the Customer appears on the invoice issued by. Prices are given excluding taxes and in Euros, including excise duties unless otherwise stated. Prices are may be modified at any time without notice, and the material will be invoiced on the basis of the rate in effect at the time of formation of the Contract. In addition, any creation or variation in tax to which the Customer's orders are subject will be immediately reflected in all current offers and orders. Hourly rates, contracts and miscellaneous fees will be automatically indexed each year on January 1st based on the consumer price index for December of the previous year.
Payments can be made in cash, by bank transfer or by direct debit. Invoices are payable on the date of receipt of the invoice unless the due date for payment of the invoices is a banking holiday in the country of the recipient bank. In this case, payment of invoices will be made on the last business day preceding the due date for payment of the invoices. The Seller/ The Lessor reserves the right to allocate differently any sums received from the Client in settlement of invoices due for more than 30 days, increased by late payment interest and all costs arising from these debts in the following order: costs, interest, amount of invoices. Under no circumstances may the Client withhold the payment from the Seller/Lessor or set off against any debts that the Seller/Lessor may have towards him, even in the event of a dispute. In the event of late payment, the Customer may not take any measures which could affect the equipment such as, for example, the sale of the equipment.
If after diagnosis by the telephone assistance service, the problem persists, an on-site repair will be scheduled, and the technician will visit the Customer on working days from 9:00 a.m. to 6:30 p.m.
The payment conditions agreed by the Seller/Lessor are understood to be subject to acceptance by the Customer of the retention of title clause below, for the benefit of the Seller/ Lessor under the following terms and conditions: In the event that the Customer purchases a terminal, it will only become the property of the Customer upon full payment of the price. In the absence of payment full invoice, or only part of the invoice, the entire invoiced price will become immediately due. In the event of non-payment of any due date, as well as any violation of the above stipulations, the Seller/Lessor may demand, by any means, the return of the equipment at the Customer's expense. Any non-payment of an invoice, either in cash on the date of receipt, or on the due date if one has been set, as well as any late payment, will automatically and without the need for prior formal notice, result in the application of late payment interest of 10% per month from the date of issue or due date of the invoice, without any reminder being necessary. In any event, the Seller/Lessor reserves the right to block the terminal remotely if the Customer has accumulated more than 1 month of delay in paying their invoice.
In addition, a fixed compensation of 20% will be claimed, calculated on the basis of the total amount appearing on the unpaid invoice, without any possibility of dispute on the part of the Customer.
To be admissible, any dispute of the invoice on the part of the Customer must be notified to the Seller by registered letter with acknowledgment of receipt. within eight (8) days of receipt of the invoice or by email with acknowledgment of receipt and confirmation from the Seller/Lessor's department, all under penalty of inadmissibility and foreclosure of the dispute. In the event of a dispute being accepted in form, the Customer remains liable for payment of the amount of the disputed invoice. It will be left to the discretion of the Seller/Lessor to carry out a possible recalculation to be applied to the last invoice. In this regard, the Customer expressly and irrevocably authorizes the Seller to take all precautionary measures with a view to obtaining payment of the invoiced goods, all costs interest and accessories in addition. If the equipment received is defective or non-compliant, the Seller/Lessor undertakes to exchange or refund it, at the Customer's choice, provided that it shows no signs of use and is returned in its original packaging, within 3 days of receipt material. The Customer acknowledges that the Seller/Lessor's obligation of conformity is fully fulfilled when the goods correspond to the specifications indicated on the order form, at the time of delivery. The Seller/Lessor shall not be held liable under any circumstances for any damages such as loss of production, loss of business or any other direct or indirect loss or damage suffered by the Customer or any other person. The Seller/ The Lessor shall only be liable for damages caused by gross negligence or willful misconduct duly proven by the Customer. In all circumstances, the Seller/Lessor's liability shall be limited to the invoiced value of the defective equipment. In any event, the Customer shall do everything possible to minimize its prejudice and he will not be able to delay the payment of any due invoice.
The Seller/Lessor is not liable for cases of force majeure affecting, in particular, the shipment or delivery of the goods. The following are considered, in particular, as force majeure: delays or disruptions in production, resulting in whole or in part from a war (declared or undeclared); pandemics, strikes, labor disputes, riots, accidents, fires, floods, natural disasters, delays in transportation, shortages of materials, breakdowns of tools, laws, regulations or orders or any cause beyond the control of the Seller which would make the performance of its contractual obligations impracticable. In such circumstances, the Seller/Lessor shall have a reasonable additional period of time to perform its obligations.
The Seller/Lessor is authorized by the Customer, who accepts it, to assign the sale/rental contract or use it as security, without affecting the form of the contract and these general conditions. The Client undertakes to sign any document useful for the transfer or the provision of security, and to complete all necessary formalities which may be required. requested, if applicable.
subject to an obligation of confidentiality and may only use the Customer's data in accordance with these contractual provisions and applicable legislation. Apart from the cases set out above, the Seller/Lessor undertakes not to sell, rent, transfer or give access to third parties to customer data without their prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.). No transfer of data will take place outside the EU.
relating to the existence, interpretation or execution of the Contract will be settled exclusively before the courts of Charleroi. This Contract is governed by the laws and regulations of Belgium.