TERMS AND CONDITIONS

Article 1        CONCEPTS:

elecgator:

The name of the company that provides Vmarker products and / or services to the customer and  enters into a sale agreement.

In particular,

elecgator bvba,
Schaapsweg 32,
3582 BERINGEN
BELGIUM
BE 0539.831.427

Consumer(s):        

The natural person not acting in the exercise of a profession or business and  enters into a sale agreement with elecgator.

Customer(s):        

The natural or legal person who is remotely connect via the sale to buy one or more products from elecgator, and will thus accept the terms and conditions.

Vmarker:        

The trademark used for specific products, developed and produced by elecgator.

Product(s):        

The devices produced by elecgator under the trademark Vmarker and are offered for sale. More particullar the devices: Vmarker USB IR sensor, Vmarker pen, Vmarker IR Pen Touch and Vmarker IR Pen Touch+.

Accessories:

The goods which are offered together with the products or separately for sale by elecgator but which are not produced by elecgator itself.

Repair:        

In case of defect bringing the device back into working order.

Services:        

The by elecgator delivered services to the customer. For services, a separate agreement will be drawn up when such is necessary.

Vmarker website:        

The webadresses which are use to reach the website, the webshop and support: http://vmarker.org and http://vmarker.be.

Vmarker software:        

The application software made available under the name Vmarker, which is downloadable from the Vmarker website. With this software it is possible to configure particullar Vmarker products..

Vmarker firmware:        

The system-software available under the name of Vmarker and downloaded via the Vmarker website. This software provides operation and functions of the Vmarker products and is only suitable for use in these products

Vmarker manuals:        

The documents in which the Vmarker products are described in and in which the necessary instructions are fount to use Vmarker the products successfully                            

Dag(en):         

calendar day (s)

 

Article 2        APPLICABILITY

  1. These general conditions apply to the full range of elecgator, all products elecgator tender and in any agreement concluded at a distance between elecgator and the customer, unless explicitly stated otherwise.
  2. The text of these general conditions is permanently accessible by potential customers through electronic means, in particular from the Vmarker website. It is possible to get these conditions electronically by e-mail as PDF file on request.
  3. For services to the customer provided by elecgator, a separate, possibly supplementary agreement will always be drawn up.
  4. This agreement is valid for consumers the extent that the provisions of this Agreement do not conflict with the provisions relating to sales to consumers by the Belgian Civil Code.

Article 3        THE RANGE OF PRODUCTS

  1. The products offered are primarily intended for professional purposes. In particular, the Vmarker products are designed as an aid to improve your training or presentations in education or in industry.
  2. The accessories can be ordered both with the Vmarker products or separately. Although these accessories can be also used for other purposes provides elecgator accessories only for use with the Vmarker products in the same circumstance.
  3. When selling products there is no service included. Optionally, additional services can be agreed upon.

Article 4        THE AGREEMENT

  1. By ordering one or more products through the webshop and by going to all the steps of the ordering process, the customer has indicated that he / she has read these terms and conditions and agrees to these.
  2. Also customers with a direct sales-agreement with elecgator hereby confirm that they have read the terms of sale and agrees to them.
  3. Unless otherwise agreed, from the moment the customer has paid the exact amount as stated on the pro-forma invoice, the sales agreement is binding for both parties.
  4.  For Belgian customers, there is the ability to close a sale before a payment is made. Such an agreement can only be achieved with the consent of elecgator. There will be an additional administration fee of € 7.5.
  5. Considering the nature in which the products referred to in these terms and conditions, are commonly to be used in a professional activity, the extra consumer warranty therefore does not automatically apply.
  6. If the potential customer want to make use of the extra consumer warranty, the consumer must register this before the sales-agreement is closed. In such case Elecgator is free to demand additional information from the potential customer. Also Elecgator reserves the right to refuse such sales-agreement.

 

Article 5        RIGHT OF WITHDRAWAL

  1. Unless otherwise agreed with elecgator (see Article 4 § 5 and 6), there is no right of withdrawal.
  2. In the event of withdrawal still applies, this will just be within the statutory deadline and conditions. In particular, within 14 days and when the products is in the original packaging and show no signs of use.
  3. In the case of withdrawal, the refund of the total amount be reduced by the cost of shipping and bank charges. Refund is only possible by bank transfer.
  4. The right of withdrawal is not applicable to customers and consumers from outside the European Union.

 

Article 6         PRICING

  1. The product prices shown in the webshop are without VAT.
  2. For distributors other prices apply under certain conditions. The adjusted prices are visible after login with their personal account.
  3. Depending on the chosen payment, there are additional costs charged.  These costs are also displayed without VAT.
  4. The shipping costs are determined on the basis of the weight and the destination. The shipping costs are shown without VAT.
  5. Only after the billing address is specified, the payable VAT on the total amount will be calculated and displayed.

 

Article 7         ORDER PROCEDURE

  1. The order, (the application for a sales agreement) is done via the webshop of elecgator.
  2. The customer selects the desired products and adjusts the quantity.
  3. The customer gives the e-mail, and fills in the address for billing, completely and correctly. The given billing address determins whether and how much is the VAT due.
  4. Only if the delivery address is different from the billing address, this must be entered. If no separate delivery address is specified, the billing address is considered as delivery address
  5. All European customers with a VAT number are required to indicate this. Elecgator will check this VAT number and adjust the VAT calculation if necessary. The registered customers will be permanent adjustment so that new orders are promptly and accurately calculated.
  6. When entering the order, the customer is free to also register. This facilitates new orders for the customer.
  7. The order will be completed as at least: the billing address is entered, a payment is chosen, a shipping method is chosen and in the form indicated that it agrees with these terms and conditions.
  8. The customer will receive an automated confirmation by e-mail of the selected items.
  9. At this point there is still no closed sales agreement.  However the ordered products are effectively reserved.
  10. Both the customer and elecgator can cancel the order.
  11. The amounts stated in the order are indicative and may be modified if necessary.

 

Article 8        ORDER CONFIRMATION

  1. Elecgator will  confirm or cancel the order within maximum 3 working days.
  2. Elecgator will confirm the order by sending a pro-forma invoice and commits it self to deliver the products at the rate  listed in this pro-forma invoice with the exception of unwanted significant errors.
  3. This proforma invoice will also notify how to make the payment in according to what the customer has chosen when ordering.

 

Article 9         PAYMENT

  1. Since Elecgator by definition the principle prepayment uses, it is only after elecgator receives the full amount indicated on the proforma thet the sales agreement is final.
  2. Any additional costs, such as additional bank charges, are to be payed by the customer.
  3. When payment is not received within 14 days, elecgator reserves the right to cancel the order retroactively.
  4. If elecgator teminisates the sales agreement because the payment is exceeded, elecgator will transfer the total amount paid, reduced by any costs, back to the customer.

 

Article 10        DELIVERY

  1. Aftrer receipt of the amount due, the products will becom property of the customer. An invoice will be drawn up.
  2. Elecgator commits itself to send the products within a reasonable time to the shipping address / billing address. For shipments in Belgium thiis is estamed 1 to 2 working days, for shipments outside of Belgium the tim can vary from 2 to 3 days for countries nearby within the European Union, up to 10 working days for countries far beyond the European Union
  3. Elecgator standardly uses the National Postal Services.
  4. Ordered products with value above € 100, are always sent with an insurance. This is included in the shipment costs, no extra costs will be charged.

 

Article 11        WARRANTY

  1. Elecgator offers an additional warranty of 2 years following Vmarker Products: Vmarker IR-sensor USB and Vmarker pen.
  2. For other Vmarker products and accessories above € 15, there is a exchange warranty of 14 days after reception possible, however a motivation will be required.
  3. For other lowcost accessories there is no exchange possible. If the customer clearly  can demonstrate a defect, it is possible to get a compensation for the next purchase.
  4. For the cases §1 and §2 of this Article, it is necessary to return the defective product to elecgator before a repair or exchange possibly can take place. The return cost are at the expense of the customer we will not accept any charges.
  5. Only defects due to a design error or manufacturing error are subject to this warranty.
  6. Defects that are not covered by warranty:
    - Defects resulting from misuse.
    - Incorrect configurations
    - Incorrectly executed firmware update
    - Returned devices which are not defective
  7. Elecgator will investigate and extensive  test the returned devices. Before any repairment the customer always receives a report of this.
  8. When it is a case of warranty, elecgator will repair or replace the unit and send it back, without any extra costs for the customer.
  9. In case the defect is not covered by warranty, the cost of repair and return at the expense of the customer. Elecgator commits itself to reduse the cost for repairment to the minimum, the costs will be communicated before elecgator will make the repairment. The minimum cost, such as a device that is not actually defective, is of course the shipping costs to send the unit back to the customer.

 

Article 12        VMARKER SOFTWARE

  1. The Vmarker software that is made available through the websites of elecgator can only be downloaded for free, but only under its own responsibility. The software on this site is provided "as-is," without any express or implied warranty. In no event shall elecgator be held liable for any damages arising from the use of the software.
  2. Elecgator will make its best efforts to make the Vmarker software available to the user.
  3. Defects and errors in the software cannot lead to any damage claim to elecgator. Of course, users can report the errors to elecgator when they encounter problems with certain Vmarker software. Elecgator will without any binding commitment try to address these errors and if possible take action.

Article 13        VMARKER FIRMWARE

  1. The Vmarker firmware is special software to possibly provide the Vmarker products with the latest software. New firmware versions can contain new features or enhancements for Vmarker products.
  2. The Vmarker firmware to upgrade the Vmarker products is available for free on the website. Updating Vmarker products with new firmware is done at your own risk. Defects due to a improper firmware update are not covered by the warranty. Only use firmware which is provided on the Vmarker-website.

Article 14        THIRD PARTY SOFTWARE

  1. The third party software that is listed, or can be downloaded from the vmarker website is software that is freely available and can be used. Read their license and / or terms of conditions. In no event shall elecgator be held liable for any damages arising from the use of the software.
  2. If the third party software made available through the websites of elecgator, is unlawful, this can be reported. The affected software or link will be immediately removed from the website.

Article 15        VMARKER MANUAL

  1. In the Vmarker manuals that are made available, free of charge through the elecgator websites, the operation and use of the Vmarker products is explained.
  2. The use and interpretation of these guides is at your own risk.
  3. Elecgator can not be held liable for errors in the manual or errors arising from the use of the manual.
  4. If users encounter problems or errors when using the manual,  elecgator is happy to learn about these. Elecgator will improve the manual as soon as possible.

Article 16        VMARKER SUPPORT

  1. Email support at elecgator about problems with Vmarker products is free. Elecgator will answer the e-mail without any binding commitment as soon as possible, .