General terms and conditions applicable to distance selling

Article 1 – APPLICATION OF THE TERMS 

The seller FlowUP is
defined below as being GM ASSOCIATION SRL, whose registered office and place of business are located, Rue du Château 95 1470 Genappe respectively at company number 0715399546

The buyer is defined below as being the company or the person signing these and accepting these terms and conditions of sale. The information provided on the website, in price lists and in emails may be modified by the seller without prior notice. The mere act of placing an order or accepting an offer from the seller implies unconditional acceptance of these general terms and conditions. These general terms and conditions may be amended at any time and without prior notice by the seller; the amendments will then apply to all subsequent orders. 

Article 2 – ORDERS 

The offers are valid only within the limits of available stock. 

2.1 Product description The essential characteristics of the product are shown on the website.

2.2 Product availability You are informed of the availability of the product directly on the website.

However, if the ordered product is unavailable, FlowUP may provide you with an item of equivalent quality and price; in this case, if you exercise your right of withdrawal, the return costs will be borne by you. You nevertheless retain the possibility of terminating the sale and requesting a refund (this will be made within a maximum of 45 days from the date the goods are received). For products not stored in our warehouses, our offers are valid subject to availability with our suppliers. 

 2.3 Steps to conclude the contract When placing the first order online, any new customer must create a “Customer Account”; an identifier (“login”) and a password. Each time you confirm an order, you will be redirected to your account via a secure connection that recalls the contents of your order. Your order will only be definitively recorded after final confirmation. When you record the order, it is sent to FlowUP via its email box and the sale is deemed concluded once payment is received into our account (agreement on the goods and the price). Receipt of your order is confirmed by sending an email to the email address provided when the customer account is created. The contractual information is provided in French and will be the subject of confirmation repeating this information no later than at the time of delivery. 

2.4 Cancellation of the order. Orders placed on our website are automatically cancelled if they are not paid for through our account.

Article 3 – PRICES 

The prices shown on the website are stated in euros (all taxes included), excluding delivery charges. They may vary, particularly in the event of fluctuations in the exchange rate relative to the euro. However, the prices shown in your order after it has been validated and recorded are fixed and final: if prices fall a few days after the order, under no circumstances will we be able to reimburse you for the difference; if prices increase, we have committed to delivering at the price set on the day the order is placed, except in the event of stock shortages and therefore a new supply from our suppliers. The amount of delivery charges is calculated automatically based on each order; it appears on the summary of your order, before final recording.

Article 4 – DELIVERY AND TRANSPORT 

FlowUP
 has chosen UPS as its delivery partner. The delivery charges, which are minimal, depend on the weight of the parcel and the dispatch method chosen, including insurance for the actual value of the parcel sent. 

4.1 Delivery times Delivery is made to the address you provided when placing the order. FlowUP undertakes to deliver to you within a maximum of 30 days from the day following receipt of your payment. FlowUP does not provide partial deliveries. 

4.2 Late delivery In the event of a delivery delay, we advise you to check the status of your order online directly before contacting us, on the carrier’s website using the consignment number. We invite you to notify us in writing of any delay of 3 days compared with the announced delivery deadline. By express agreement, a case of force majeure or events such as lock-out, strike, total or partial shutdown of the seller’s factory or of its suppliers, epidemic, war, requisition, fire, flooding, interruption or delays in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods shall release the seller from any liability for delivery. The seller will inform the buyer in due time of the above-mentioned cases and events. In all cases, delivery within the deadlines can only take place if the buyer is up to date with its obligations towards the seller, whatever the reason

4.3 Risks related to transport FlowUP bears the risks related to transport until delivery—that is, until the goods are physically handed over to the recipient indicated at the time of the order or to their representative who accepts them, provided that you check the goods upon receipt in the presence of the carrier and, if necessary, indicate in writing on the delivery note the reservations observed in accordance with the procedure described below. 

4.4 Receipt of the goods Upon receipt of the goods, the buyer is asked to verify that the parcel is in good condition and that the delivered goods conform to the order in the presence of the carrier. The buyer will be required to note any reservations made on the delivery note. The buyer must refuse delivery if the goods are damaged, missing, if the parcel has been opened or reconditioned, or if it bears seals from open packaging. The goods accepted without reservations by the recipient at the time of delivery are deemed to have arrived in good condition, to conform to the order and in full. FlowUP’s liability cannot be engaged. For any questions or difficulties you may encounter, we invite you to contact us by email at the address co,. The buyer is required to report any receipt issue in writing within 7 calendar days from the date of receipt, to the following address: GM
ASSOCIATION at Rue du château 95 1470 Genappe  or via the after-sales service tab available on our website

Article 5 – COMPLAINTS AND AFTER-SALES SERVICE 

For any complaint, we invite you to contact our services via the after-sales service tab.  Unless the legal guarantee referred to in Article 7.5 applies, all complaints relating to a defect in the delivered goods, an inaccuracy in the quantities or an incorrect reference compared with the accepted offer or the order confirmation by the seller must be submitted to the seller by registered mail within 7 calendar days from receipt of the goods. 

5.1 Need for a returns number. Returns of goods may be made only by post, unless a specific indication is given. Any return of goods requires FlowUP’s prior approval and a returns number, which can be obtained free of charge via the After-Sales Service tab on our website. Once the return procedure has been approved by FlowUP, each product must be sent in its original transport packaging or any other packaging ensuring proper transport, with its own return label.
In the event of no return agreement, the goods will be returned to you or kept available for you, at your expense, risk and peril, with all transport, storage and handling costs being borne by you. Unless the legal guarantee referred to in Article 7.5 applies, the products are returned at your expense and risk and peril. We therefore advise you to declare the value of the goods and to take out transport insurance. After obtaining return approval, the buyer has 7 days to return the defective goods to the seller. The following information is generally requested: precise contact details, the name/designation of the item or items concerned, serial number, observed fault, and the corresponding invoice number for the parts described. The goods must be returned with a copy of the invoice and the return number shown on the parcel within a maximum of 7 days after FlowUP’s return approval, to the following address: GM ASSOCIATION 95 rue du château Genappe 1470 Belgium.

5.2 Need for original packaging Any defective product must be returned in its original packaging, which alone ensures transport under good conditions, with the warranty labels, containing the complete product and its accessories, and accompanied in a legible manner by the return number. Any incomplete, damaged, impaired and/or product whose original packaging has been damaged will not be accepted for return, exchanged or refunded

5.3 Refund Any request for a refund can only be considered after the returned products have arrived at FlowUP in accordance with the return procedure indicated above. In the event of a return and a refund request, the arrangements are as follows: 
• Parcel returned at the customer’s own will: refund of the product, return costs borne by the customer. 
• Parcel returned due to the liability of the company (non-conformity, parcel not received…): refund of the product and the shipping costs.

Article 6 – RIGHT OF WITHDRAWAL RESERVED TO PRIVATE INDIVIDUALS 

In the context of distance selling, the private buyer has the right to notify FlowUP that they are withdrawing from the purchase. They must do so by registered mail within 14 calendar days from the day following the delivery of the goods. Any return request made outside this period cannot be accepted. The buyer must return the goods in their condition and original packaging, not unpacked and not unsealed (protective seal applied by the product manufacturer). The goods must be accompanied by a copy of the purchase invoice. In the case of products that were manufactured in accordance with the consumer’s specifications, which have become unsuitable for sale due to the consumer’s action, or which have been used by the consumer, it is no longer possible to withdraw from the purchase. Goods that can no longer be resold as new due to the specific nature of the product cannot benefit from the right of withdrawal; likewise goods that may deteriorate, such as computer components. Any return must have been validated in advance by FlowUP, which will provide you with a mandatory return reference enabling the correct identification of your parcel to be ensured. The return of the goods is carried out at the buyer’s expense, risk and peril. FlowUP reserves the right to check the condition of the returned goods within 2 weeks following the date of receipt. If the goods have not been unpacked, unsealed or damaged, FlowUP has 15 days to refund the purchase, with the exception of shipping costs, which remain payable by the customer. Otherwise (goods unpacked, unsealed or damaged), the private buyer loses their right of withdrawal. They will then be required to retrieve their goods, either by presenting themselves at our premises during opening hours with an identity document, or by appointing a carrier at their own expense. Professionals do not have this right of withdrawal. 

6.1 Exception to the right of withdrawal The exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made according to the consumer’s specifications or clearly personalised, non-exhaustive list: PC Gaming / for professionals / personalised Watercooling.
- contracts for the supply of goods which, after being delivered, and by their nature, are mixed with or modified in an inseparable manner with other items;
- contracts for the supply of goods or services where the price depends on fluctuations in the financial market outside the professional’s control and which may occur during the withdrawal period

Article 7 – GUARANTEE 

Our agreements are governed by Belgian law. The
Belgian courts have jurisdiction

7.1 Manufacturer’s warranty For products with a specific manufacturer’s warranty (warranty handled directly by the manufacturer, or on-site warranty, or a specific warranty extension), the Customer must contact the manufacturer directly, without going through FlowUP, which provides no contractual warranty for these products, unless the legal guarantee referred to in Article 7.5 applies. In this context, our company will refuse any return of goods and cannot be held responsible for any failure by the manufacturer under this warranty. The manufacturers’ contact details are accessible from the website. 

7.2 Commercial warranty FlowUP provides a commercial warranty for a maximum period of 11 months, unless otherwise agreed. Software, video games, books, consumables, cartridges, and data storage media (CD, DVD…) are not covered by FlowUP’s warranty. Batteries, LCD monitors, laptop screens are warranted within the limits of the Manufacturer’s warranty. Pixel defects in tft screens only constitute manufacturing defects if they differ from the specifications and tolerances announced by the manufacturer.

7.3 Limitation of warranty The seller’s warranty is limited to repair, replacement or a refund in value of the goods that the seller has recognised as defective, taking into account the use made of them, and this at the seller’s sole discretion. The seller undertakes only to arrange replacement of the defective parts. The warranty therefore does not cover labour costs, nor those arising from disassembly, reassembly and transport operations, unless the legal guarantee referred to in Article 7.5 applies. The warranty is not applicable if the serial numbers are damaged, moved or removed. If the returned equipment is not defective, a test fee calculated on the basis of an hourly rate of €48.40 excl. VAT will be charged to the customer, with a minimum of €15 excl. VAT

7.4 Exclusion of warranty The warranties exclude damage of external origin, damage resulting from improper use of the products, damage resulting from intervention by a repairer not approved by FlowUP or the manufacturer. FlowUP cannot under any circumstances be held responsible for the loss or alteration of data or programmes present on equipment or media (floppy disks, hard drives…) that are returned for technical intervention, whether the products are under warranty or not. FlowUP undertakes only to arrange replacement of the defective parts. FlowUP cannot be held responsible for compatibility problems of the computer parts it supplies. If the equipment cannot be replaced with identical equipment, the customer will be offered equivalent or higher-spec equipment. In the event of the manufacturer’s bankruptcy or inability to supply, the customer may not take action against FlowUP, which will assume no responsibility regarding warranty for the products of this manufacturer.

7.5 Legal guarantee (Law of 01/09/2004 on consumer protection in the case of sale of consumer goods). You also benefit from the legal warranty against hidden defects in the products sold and from defects of conformity of the goods to the contract. The buyer is required to inform the seller by registered letter of the existence of the defect of conformity within a period of 2 months from the day on which the buyer became aware of the defect. If the buyer does not comply with this reporting deadline, the buyer will be deprived of the possibility of invoking the warranty.

Article 8 – RESERVATION OF TITLE 
The goods that are delivered to you and invoiced will remain the property of FlowUP until the full payment of their price. Failure to pay may lead to FlowUP claiming the goods back; the return will be immediate and the goods delivered will be at your expense, risk and peril.

Article 9 – PAYMENT 
9.1 Methods of payment Payments must be made in such a way that the seller can have the funds available on the day the invoice is issued. Unless otherwise specified on the site, payment is made, in advance, by bank transfer. 

9.2 Late payment In the event of recourse through legal proceedings, the seller is entitled to claim from the buyer reimbursement of all kinds of costs linked to the pursuit of the matter.

9.3 Payment in instalments with Alma

The payment in instalments/deferral is available via our partner Alma. The

Payment security is ensured by Alma and its service providers. All payments

are protected by 3D Secure.

Purchase amount:

•  P2X : Only purchases between €50 and €4,000 are eligible for

payment with Alma.

•  P3X : Only purchases between €50 and €4,000 are eligible for

payment with Alma.

•  P4X :  A Belgian law has come into force preventing instalment

payment beyond 60 days, we can no longer offer

instalment payment beyond 3 monthly instalments as a result.

Fees:

Alma is the telepayment manager and issues a certificate

an electronic document that will serve as proof of the amount and the date of the transaction

in accordance with the provisions of Articles 1316 and onwards of the

civil code.

Termination:

Any termination of the T&Cs that bind the Seller and the customer shall entail the

termination of the GTC between Alma and the customer.

9.2 The statement of fees is payable within 15 business days from the date of sending the invoice. Any comment or dispute concerning this statement must, under penalty of forfeiture, be notified within the same period by registered letter. In the absence of payment in due time, interest will be payable automatically by operation of law, a ratio of 10% on an annual basis, as well as a flat-rate indemnity of 15% of the principal or of the outstanding balance. Any dispute relating to the relationship between GMassociation and the customer or with regard to these general payment conditions shall be settled exclusively by the competent court of Brussels.

Article 10 – PROPERTY 

Any difference relating to the validity, the interpretation or the performance of the contract governed by these general terms and conditions is exclusively within the jurisdiction of either the Justice of the Peace within whose jurisdiction our company’s registered office is located, or the courts of the judicial district, unless we prefer to proceed in application of Article 624 of the Judicial Code.