General conditions

General terms and conditions of sale

FULLUP BVBA (hereinafter "FULLUP") develops and sells storable energy sensor-transmitters (gauges) and allows its users to have access to a mobile application with multiple functionalities that can evolve over time.

1/ All our sales and services are subject exclusively to the present general terms and conditions to the exclusion of the customer's general or special terms and conditions, even if they appear on his documents. By placing an order, the customer acknowledges having consulted and accepted these general conditions.

2/ Our offers are without obligation, unless sold. Any order entrusted to us is only binding on us after written confirmation from us.

3/ Unless otherwise stipulated, our prices are for pick-up in our shops. The price does not include the installation of the product at the buyer's premises.

4/ The products shall be deemed to have been accepted by the buyer no later than eight calendar days after receipt of the goods, unless a complaint is made by registered letter before the expiry of this period. The approval shall cover all apparent defects and faults of conformity, i.e. all those that could be detected at the time of receipt.

The customer may only make a claim under the warranty for hidden defects within 2 months of delivery, provided that the defect renders the product unfit for the purpose for which it is normally intended and that it has been properly assembled, placed and used. In order to benefit from this guarantee, the buyer must notify any complaint by registered letter immediately after the defects have been detected.

Our warranty is limited, at our option, to the free repair or replacement of defective goods.

As we are concerned with improving the quality of our products, we reserve the right to modify the technical and/or aesthetic characteristics of our products. Differences in the product may occur, but these shall in no case justify a cancellation and/or a refusal of the goods.

6/ Unless otherwise agreed, the buyer is expressly obliged to take delivery of the goods within eight days of the notification of their availability, failing which the seller shall be entitled to consider the contract automatically terminated at the buyer's expense. In this case, the buyer shall be obliged to pay an amount equivalent to 30% of the sale price as damages.

7/ If we are responsible for delivery, this shall be carried out by the means of our choice, unless otherwise agreed in writing. In this case, the goods travel at the customer's expense and risk, except in the case of fraud on our part or that of our agents. Delivery times are given as an indication only and any delay in supply may not under any circumstances give rise to the cancellation or refusal of the order, damages or compensation of any kind.

8/ It is expressly agreed between the parties that, in derogation of article 1583 of the Civil Code, the goods delivered remain the full and complete property of the seller until the complete payment of the invoice by the client. The seller can claim the return of the goods in any hands.

However, the buyer shall remain solely liable for the loss of the goods sold, even in the event of unforeseen circumstances or force majeure.

9/ The client-merchant who displays our products or leaflets in his shop must obtain our prior authorisation.

10/ Our invoices are payable within 8 days. Failure to pay an invoice on the due date shall automatically render all our other claims on the customer payable.

Invoices not paid on the due date shall automatically and without prior notice bear interest at the rate of 12% per annum from the date of the invoice until payment.

In addition, the client who has not paid a due invoice shall be liable, by right and without prior notice, to pay compensation equal to 10% of the outstanding balance with a minimum of 100 euros, by way of compensation for damages.

11/ We sell products in perfect working order. We cannot be held responsible for any damage that may occur as a result of improper handling or use of the product after delivery. It is up to the person who claims the seller's fault to prove that the products were not in working order before delivery.

It is the buyer's responsibility to check the conformity of the products and services sold with the goods (oil tanks, smartphone, etc.) on which they will be used.

12/ It is possible that the services related to the use of FULLUP products may be temporarily unavailable. The buyer may not hold FULLUP responsible for this.

13/ We reserve the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, our services without prior notice to you, including if you have violated or acted inconsistently with these terms and conditions and/or any applicable legal requirements.

14/ A pledge on the product(s) sold is constituted concomitantly with the sale until the price is paid.

15/ The contractual relations are governed by Belgian law, insofar as it does not derogate from these general terms and conditions of sale.

16/ Any dispute will be under the exclusive jurisdiction of the Courts of the judicial district of Walloon Brabant.

Terms and conditions of use

ARTICLE 1. LEGAL INFORMATION

The website www.fullup.be is edited by:

SPRL FullUp, with registered office at
Rue de Labie 13 5310 Leuze
Telephone: 0032(0)470 05 13 24
E-mail address: info@fullup.be

ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the site www.fullup.be is: Promotion and sale of the FullUp gauge

ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the editor at the following e-mail address: info@fullup.be or send a registered letter with acknowledgement of receipt to : FullUp- Rue de Labie 13 5310 Leuze

ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the Website is subject to your acceptance of and compliance with these Terms of Use. These Terms of Use are binding on you and FULLUP for the use of the Web Site and the Services. You acknowledge and agree that FULLUP may treat your use of the Web Site or the Services as acceptance of the Terms of Use. Only these Terms of Use apply: any document not issued by FULLUP is expressly excluded and is therefore not applicable. The publisher reserves the right to modify, at any time and without prior notice, the site and the services as well as the present Terms of Use, in particular to adapt to the evolution of the site by making available new functionalities or the deletion or the modiﬁcation of existing functionalities. The user is therefore advised to refer to the latest version of the GTUs, which is accessible at all times on the site, before any browsing and to keep an electronic or printed copy. We do not keep a copy of these in our archives. In case of disagreement with the TOS, no use of the site can be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

The publisher implements the technical solutions reasonably available to it to allow access to the site 24 hours a day, 7 days a week. Nevertheless, it may at any time suspend, limit or interrupt access to the site or to certain pages of the site in order to carry out updates, modiﬁcations of its content or any other action deemed necessary for the proper functioning of the site. Connecting to and browsing the www.fullup.be site implies unreserved acceptance of these General Terms of Use, regardless of the technical means of access and the terminals used. These Terms of Use apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.

ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the editor may at any time: - suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, for a specific category of Internet user; - delete any information that may disrupt the operation of the site or that contravenes national or international laws; - suspend the site in order to update it.

ARTICLE 7. RESPONSIBILITIES

The publisher is only responsible for the content that it has published. FULLUP uses all reasonable means to ensure the security of the Web Site and the Services, the accuracy and updating of the information published on the Web Site, and the authorization of third parties in the event of reuse of content covered by their rights. However, FULLUP makes no warranty, express or implied, in this regard. The publisher is not responsible for: - technical or computer problems or failures or the compatibility of the site with any hardware or software; - direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services; - the intrinsic characteristics of the Internet, in particular those relating to the lack of ﬁability and the lack of security of the information circulating on it; - illicit content or activities using its site. Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information published on it.

ARTICLE 8. HYPERTEXT LINKS

The site may contain hypertext links to other websites over which www.fullup.be has no control. In spite of the prior and regular verifications carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites. The publisher authorises the setting up of hypertext links to any page or document on its site, provided that these links are not set up for commercial or advertising purposes. In addition, prior information from the site editor is required before any hypertext link is set up. Excluded from this authorisation are sites that disseminate information of an illicit, violent, polemical, pornographic or xenophobic nature or that may offend the sensibilities of the majority of people. Finally, www.fullup.be reserves the right to remove at any time a hyperlink pointing to its site, if the site considers that it does not comply with its editorial policy.

ARTICLE 9. Intellectual Property

The Website, the Services and their content (including the logo), are the exclusive property of FULLUP or its licensors. Reproduction of any content from the Web Site (including the logo) is permitted for informational purposes only and for personal and private use only. Any reproduction or use of copies made for other purposes is expressly prohibited. If, despite FULLUP's best efforts to the contrary, any of your intellectual property is found on the Web Site, you are invited to contact FULLUP immediately at the above address and FULLUP will take appropriate action.

ARTICLE 10 Protection of personal data

FULLUP is committed to maintaining the confidentiality of any information you provide online. Any personal data that you may provide to FULLUP in order to use the Services is subject to the applicable legislation on the protection of personal data. You have the right to access, rectify and delete your personal data. These rights can be exercised at any time by sending a letter to the contact address indicated above. FULLUP is committed to preserving the confidentiality of the following personal data in particular: your IP address, your browser version, your connection location and your language. Unless otherwise specified in specific contexts, you consent to the processing of such personal data by FULLUP and its partners for the purposes of customer management, statistics, and improvement of the Services.

ARTICLE 11. COOKIES

The site may use "cookies" to process statistics and information on traffic, to facilitate navigation and to improve the service for the convenience of the user, who may oppose the recording of these "cookies" by conﬁguring his or her navigation software.

ARTICLE 12 APPLICABLE LAW AND COMPETENT COURT

These General Conditions of Use are exclusively subject to Belgian law and the Belgian courts.

Notice to customers / suppliers

The services offered by FullUp are diverse, please contact us for any further information at info@fullup.be