Terms of sale
Preliminary: Definitions
The Company: Polaris Computers SA, whose registered office is located at 564 Rue Vanderkindere, 1180 Brussels, and registered with the BCE under number 0461143245.
The Customer: as stated on the invoice and/or purchase order.
The Services: Polaris services as described on the order form and/or quotation.
These general terms and conditions constitute a specific contract as mentioned in the quotation or order form.
Article 1: Acceptance of the terms and conditions
These general terms and conditions are deemed to be accepted by the Customer, even if they contradict the Customer's own general terms and conditions.
Polaris Computers SA formally declines the application of any clauses appearing on any of the Customer's documents, with those of Polaris Computers SA, whether general or specific, always prevailing.
The acceptance of terms and conditions that deviate from those set out below may only result from an explicit written agreement signed by Polaris Computers SA.
Article 2: Scope
These general terms and conditions apply to the services and products provided by Polaris Computers SA, following the conclusion of the contract or the signing of a quote between the parties or unilaterally by the customer.
The Parties expressly agree that this contract does not fall within the scope of Title 3 of Book X of the Economic Law Code.
Article 3: Description of the service
The Customer opts for products and services by means of a signed purchase order or confirmation email.
The Customer remains solely responsible for the proper implementation and execution of the Services at the end user's premises, including with regard to the minimum technical requirements.
Article 4: Formation of the contract and duration
All offers are non-binding and without option; they are for information purposes only, unless expressly stated otherwise.
The provision of prices, rates, and quotes by Polaris Computers SA does not constitute a commitment.
Polaris Computers SA is only committed once it has given its written acceptance of the Customer's firm and final order.
Article 5: Terms of execution
Polaris Computers SA does not assume any obligation of guarantee or result, but undertakes to make every necessary and reasonable effort.
The services, products, and software offered by Polaris Computers SA are offered “as is” at the Customer's risk, without any guarantee regarding their use.
The Customer undertakes to protect the confidentiality of their password and to immediately report any unauthorized use of their account.
The Customer remains solely responsible for providing support to the end user in connection with the provision of the Services (Level 1 Support).
Polaris Computers SA will provide the Customer, and only the Customer under a maintenance contract, with Level 2 support accessible by telephone (02/646.92.36) from 9 a.m. to 6 p.m. on business days. Support on a time and materials basis will be charged and invoiced by Polaris Computers SA to the Customer at the price stated in the quote or purchase order or in these terms and conditions of sale.
For all Level 2 support requests, Polaris Computers SA guarantees a response to the Customer within one business day for all requests from customers with a maintenance contract.
Article 6: Price
The price indicated in quotes, invoices, or offers is always exclusive of tax and in euros, unless otherwise specified.
Invoicing will be carried out in accordance with the information provided on the purchase order. Unless otherwise specified in writing, all invoices with a payment term are payable by the Customer within a maximum of 30 days from the invoice date.
Article 7: Retention of title clause
It is expressly agreed that, by way of derogation from Article 1583 of the Civil Code, the goods delivered by POLARIS COMPUTERS SA remain its exclusive property until full payment of the principal, interest, and any costs.
Article 8: Offers and orders
Offers made by POLARIS COMPUTERS SA are only binding on POLARIS COMPUTERS SA after acceptance by the customer within 10 days of their issue and signature of the purchase order. By accepting the offer or signing the purchase order, the customer places a definitive and irrevocable order and undertakes to take delivery of the goods within the specified period. If, 8 days after sending a registered letter requesting the customer to take delivery of the goods at the headquarters of POLARIS COMPUTERS SA, the customer fails to do so, POLARIS COMPUTERS SA reserves the right to send the goods to the customer and to demand full payment plus delivery costs with a minimum of €50. In the event of cancellation of an order by the customer, POLARIS COMPUTERS SA may either demand acceptance of delivery and full payment for the goods or payment of compensation equal to at least 50% of the value of the equipment or work and services canceled.
Article 9: Payment
In the event of non-payment by the agreed due date, all invoices shall automatically and without formal notice bear interest at a rate of 12% per annum calculated from the due date, and shall also automatically and without formal notice be increased by a fixed compensation of 15%, with a minimum of €150.
Failure to pay an invoice by its due date shall render all invoices immediately payable and shall in all cases entitle Polaris Computers SA to suspend the performance of its own obligations. In addition, Polaris Computers SA shall have the choice between either considering any agreement, contract or market formed with the Customer to be terminated by operation of law and without prior notice, or demanding its immediate performance without prior notice.
The termination of a contract between the Customer and Polaris Computers SA may only take place after the debt has been cleared, in which case the notice period shall only begin in the month following the clearing of the debt.
Article 10: Intellectual property rights
Polaris Computers SA is not responsible for the digital content stored on its servers for or by the Customer or the end user under this contract, particularly with regard to the legislation applicable to any intellectual property rights encumbering the content processed.
Any storage of content that contravenes the legislation in force will result in the de facto termination of the contract and the destruction of the illegal data.
Article 11: Complaints
All complaints, of whatever nature, must be made by registered letter within eight days of the invoices being issued.
After this period, they can no longer be taken into consideration.
A complaint does not entitle the Customer to repair the defects themselves or have them repaired by a third party, unless expressly authorized in writing by Polaris Computers SA.
Any intervention by a third party on the products, services, software, or systems offered by Polaris Computers SA will result in the immediate termination of the contract, with the Customer bearing sole responsibility.
Article 12: Termination
Unless otherwise specified, contracts shall take effect on the date of signature and shall remain in force for the specified term.
The contract shall then be tacitly renewed for a term identical to the initial term and concluded for a minimum term of 12 months. All contracts may then be terminated subject to three months' notice by registered letter or email.
Any early termination of the contract by the Customer shall automatically entitle POLARIS COMPUTERS SA to claim the totality of the monthly payments for the initial term of the contract.
In the event of termination, the Customer's data related to the contract shall be retained for a maximum period of 10 days.
Article 13: Limitation of liability
As a reseller, Polaris Computers SA does not guarantee the products sold. The warranty for the products sold is that granted by the manufacturer and is well known to the Customer.
Polaris Computers SA undertakes to make every reasonable effort to protect the confidentiality of the data stored by the Customer.
Polaris Computers SA, its managers, employees, or agents cannot be held liable for any direct or indirect damage (loss of business, profit, etc.) caused by the unavailability, accidental disclosure, or loss of data belonging to the Customer or end users.
Article 14: Competent court and applicable law
The contractual relations between the parties are governed exclusively by Belgian law. In the event of a dispute, the courts of Brussels shall have sole jurisdiction.
Article 15: Reference rates
Our reference rates are:
Travel within Brussels: €50 excluding VAT
Travel within Walloon Brabant/Flemish Brabant: €80 excluding VAT
Travel outside Brussels/Brabant: €95 excluding VAT
Junior IT labor: €105 excluding VAT
Senior IT labor: €125 excluding VAT
IT specialist labor: €150 excluding VAT
Article 16: GDPR
Polaris Computers SA complies with the General Data Protection Regulation (GDPR), and the necessary and reasonable measures have been put in place for this purpose.
Article 17: Export sales
Unless otherwise agreed, Polaris Computers SA requires 100% prepayment of the order amount, including shipping costs.
A deposit can be made subject to bank charges, which are not included in the default offers; the customer must make a special request for this.
The default carrier is BRUCARGO AIR FREIGHT/HERFURTH LOGISTICS. The customer may request to work with their own carrier, which may result in additional logistics costs in Brussels.
The delivery time may vary between the time the quote is submitted and the time payment is received. Polaris Computers SA cannot be held responsible for any delay in delivery unless the delivery time was communicated within three business days prior to receipt of payment.