General terms and conditions of repair

Article 1. Scope of the present general terms and conditions – enforceability

The present general term and conditions of repair (hereinafter the "Terms and Conditions") aim at governing the contractual relation between CTDI Belgium SPRL, whose registered office is located at 6180 Courcelles (Belgium) rue de Liège 70 and registered with the Belgian companies register under number 0507.614.658 and registered to VAT under No. BE 0507.614.658 (hereinafter "CTDI") on the one hand, and any person, individual or company, using the services provided by the latter (hereinafter the "Customer"), on the other hand.

The Terms and Conditions are available on the CTDI website at https://proxi-online-be.ctdi.eu/ from which they can be downloaded and stored by the Customer digitally as well as in paper format upon request made by mail or e-mail addressed to CTDI.

The Terms and Conditions prevail over any other general or particular conditions of the Customer.

The Terms and Conditions may be modified form time to time by CTDI. The last version of the Terms and Conditions will only be applicable after their entry into force

The Customer may contact CDTI:

•by sending a mail to CTDI Belgium SPRL, rue de Liège 70 to 6180 Courcelles (Belgium)

•by sending an email to the email address: [●]

•by calling the phone number 0800/15692 ( free call )

Article 3. Nature of the provision of services

CTDI offers repair and maintenance services for all hardware of any kind (fixed or portable computer, smartphone, mobile phone, tablet, etc.) of any OEM (Original Equipment Manufacturer) which is no longer under warranty of the latter (hereinafter after the "Performance(s)" or "Repair(s)").

CTDI has only an obligation of means, unless prior and express agreed otherwise.

CTDI may subcontract the Repair to another service provider.

CTDI repairs only end-user devices. The Customer is prohibited from soliciting Services from CTDI for resale. CTDI reserves the right to refuse or cancel any Service if it is suspected of doing so.

Article 4. Making a diagnosis and issuing a price offer

You can bring your device (without SIM card, but with battery and charger) to a Proximus point of sale near you in Belgium.

Before delivering a device for Repair, it is up to the Customer to back up all existing programs, software, and data and to remove any locks (e.g. Find My Mobile (Samsung) or Find My iPhone (Apple) that prevent access to the device's features.

By delivering the device, the Customer certifies that his device does not contain any illegal data or files.

The Customer must provide a description of the problem affecting his device so that CTDI can reproduce it. He must also inform CTDI of any unauthorized changes to the device and, if applicable, any previous repairs not performed by an authorized repairer.

Prior to any Repair and upon receipt of your device, CTDI will diagnose it and make a photo of the existing damage, if any.

CTDI will then send the Customer an email / SMS containing a link to its website where an offer for the Repair of the device will be available to Customer.

The offer will include the costs of labour, spare parts, packaging, delivery and any other services that may be necessary and / or required by the Customer.

CTDI offers are valid for 30 days from the date of sending the email / SMS to the Customer.

Unless expressly stated, the prices quoted by CTDI are included all taxes excluded, both VAT and Recupel or other possible tax and are limited to the services expressly included in the offer. Any service not expressly included in the offer will be the subject, if necessary, to a complementary offer.

If, after reading the CTDI offer, the Customer does not wish to repair his device:

•if he nevertheless wishes to recover his device, a lump sum of EUR 25.00 will be charged as a diagnostic fee.

•If he does not wish to recover his device, he may simply and unconditionally abandon the property to CTDI at no additional cost.

If after having taken note of the offer of CTDI, the Customer wishes to proceed to the Repair of the device, he confirms his agreement on the offer. Upon acceptance of the offer, the contract is concluded and the Customer shall be redirected to the INGENICO E-payment portal for payment of the Service ordered.

From this moment on, CTDI will start the Service and the Customer will not be able to withdraw from the contract.

If you are a consumer, since the contract between CTDI and the Customer constitutes a provision of services within the meaning of Article VI.53, 1° of the Belgian Code of Economic Law, you acknowledge that you are fully informed and you agree that you cannot exercise the right of withdrawal provided for in Article VI.47 of the same Code, as CTDI starts the Repair upon your acceptance of the offer. Consequently, any Service started and cancelled by the Customer is due up to the Services already carried out by CTDI prior to the cancellation.

CTDI may provide you with an estimate of when the service will be completed. Once the Repair is done, CTDI will notify you by SMS/email to the telephone number/address provided by you.

All timelines communicated by CTDI are indicative and have to be considered as such. They are not an essential part of the contract.

Article 5.Exclusion of service

CTDI reserves the right to refuse to proceed with the Repair of the device if, during the diagnosis, it appears that (i) the device does not require any Repair, (ii) the failure results from an incompatibility with the data or software stored in the device, (iii) the Repair is required due to a defect in parts that are not supplied by the manufacturers or available on the market (iv) the serial number of the device has been altered, erased, suppressed or made illegible, or the device has been physically or electronically modified in relation to its factory characteristics or (v) the device has been used in a manner that is not in accordance with its normal use.

The Customer is then required to bear the costs of return and any other cost necessary to return the device and the cost of diagnosis, as provided in the previous article.

CTDI reserves the right to choose between Repair or full replacement of the defective part.

In the event of a complete replacement, CTDI may use new or refurbished parts or products “as new” in terms of performance and reliability.

The Customer acknowledges and agrees that CTDI acquires the ownership of the replaced part and has no obligation to return it to the Customer or refund it. The Customer waives his ownership’s right on the replaced part under the present Terms and Conditions and such part will have ownership transferred to CTDI.

If it appears during the Repair that the actual costs are significantly higher than the estimated costs, CTDI will immediately inform the Customer who will have the choice between continuing the Repair, accepting the additional Offer in advance, or terminating the Contract. In this case the Services already carried out by CTDI will be invoiced to the Customer

All CTDI invoices are issued upon confirmation of your payment.

CTDI only accepts the following payment methods:

•Bancontact

•VISA

•Mastercard

•Maestro

In the absence of payment of any amount due to CTDI by the Customer, CTDI reserves the right to retain the device until full payment without prejudice to any other measure aimed at the recovery of its claim and without prejudice to possible additional damages.

Any invoice that remains, even partially, unpaid after 8 days from its due date, will be legally productive and without prior notice of an annual interest of 12%, each month started being due in full. In the event of non-payment of the invoice, the principal amount of the invoice will be increased by 15% with a minimum of 50 EUR, as a conventional, fixed and irreducible penalty clause.

Article 8.Delivery of the repaired device - abandonment of the device’s property

CTDI confirms by email to the Customer that (and if) the device has been repaired and can be recovered.

The Customer can pick up his device at the PROXIMUS store in Belgium where he has deposited it.

If the Customer does not claim their device within three (3) months after being informed by CTDI that it can be recovered, CTDI will then notify the Customer of the abandonment of the device at the address provided by CTDI.

In the event that your device is abandoned, CTDI may freely dispose of it in accordance with the applicable legal provisions and in particular sell it in order to recover the amounts that remain due to it.

Article 9.Acceptance of the Performance and claims

Any Repair will be considered accepted without reservation by the Customer if he does not notify CTDI of any defects concerning the Repair performed within 7 days after receipt of the repaired device.

Any claim of the Customer must be made in writing before the expiration of the time limit above.

The Repairs are subject to a guarantee of 3 months taking effect on the day of the Customer takes delivery of the repaired device. Any call on the guarantee by the Customer is subject to the production of an invoice expressly mentioning the date of the Repair generating the application of the guarantee and a proof of payment.

No guarantee, of any kind whatsoever, is applicable to the Services performed on behalf of professional Customers.

In any case, if a non-conforming Repair is performed by CTDI, the warranty may consist only, at the discretion of CTDI and provided that the Customer or a third party has not worked in the meantime on the device (i) a new Repair or (ii) a refund of the amounts paid to CTDI for the Repair.

Article 11. Limitation of Liability

The Customer agrees, by agreeing to the Repair by CTDI, to run the risks related to the Repair such as, for example and without being exhaustive, the loss or the damage of software and / or data present on the device deposited to repair purposes, damage caused to the device due to Repair, damage to the replaced parts due to Repair, as well as any other type of damage. CTDI holds no responsibility whatsoever for any damage to the device that occurs during the Repair due to unauthorized modifications or repairs not performed by an authorized repairer.

In any event, the Customer is supposed to have made a backup of his data before any request for intervention by CTDI.

The materials used by CTDI comply with the relevant Belgian and European legislation.

Without prejudice to the provisions relating to hidden defects, CTDI is not liable in the event of a manufacturing defect in the equipment used for the Repair, or in case of non-performance of the Repair due to a shortage of stock or the unavailability of the equipment required.

CTDI is responsible only for compliance with its legal and contractual obligations. Provided that a claim is made by the Customer within the time limits provided and CTDI accepts this claim, the amount of the compensation of the Customer will be limited to the value of the Service concerned by the claim. CTDI is in no way responsible for any damage incurred by the Customer and in particular, but without being exhaustive, CTDI is not liable for consequential damages, damage to third parties, loss of profit for the Customer, not expected result, etc.

Under no circumstances is CTDI responsible for cancelling or postponing the Service for reasons beyond its control and due to a situation of Force majeure.

In any event, CTDI's liability may be incurred only in cases of wilful misconduct or gross negligence.

Article 12. Confidentiality and personal data

CTDI is aware, in performing the Service, of confidential and/or personal information relating to the Customer. CTDI is bound by strict confidentiality in this regard. In any case, it will not disseminate the information it has had access to.

Customer acknowledges and agrees that CTDI will collect, process and use personal data relating to him in order to perform the Service. CTDI will not use the Customer's information for direct marketing purposes without his consent.

Any personal data relating to the Customer, as defined by the European Data Protection Regulation 2016/659 is processed in compliance with it. Confidential data are processed on the basis of the legitimate interest of CTDI and are stored only:

•for actions specific to CTDI and are not, under any circumstances, transmitted to third parties or for direct marketing purposes or for any other purpose;

•for the specific purposes of performing the following services: copying data for backup, transfer, disinfection or a new installation; recovery of damaged data.

The destruction of the data will be done upon request of the Customer.

The Customer has the right:

•to oppose, upon his request and free of charge, the processing of his personal data;

•to access, free of charge, CTDI's stored data and to obtain rectification of data that is incomplete, inaccurate or irrelevant;

•to oppose, for serious and legitimate reasons, that the stored data are processed;

•request the erasure of his data from CTDI;

•request the portability of its data held by CTDI to a third party.

Any request regarding the above must be addressed in writing to CTDI, either by mail or by e-mail at info@ctdi.eu.

The CTDI Information Security Officer Europe controller is Mr. Janos Kopecek: janos.kopecek@ctdi.com.

CTDI may disclose to third parties personal information upon request of any authority legally authorized to make such request. CTDI may also disclose such personal information if the disclosure is required, in good faith, to comply with the laws and regulations, to protect or defend its rights or property or if it believes that the Customer is a danger to itself or to a third party.

The possible nullity of a provision of the present Terms and Conditions does not affect the validity of them as a whole. Should a clause be declared null and void, the parties undertake to conclude a clause with a similar effect and to preserve the agreement of the parties.

Failure by CTDI to insist on rigorous performance of the contract with the Customer or failure to require performance thereof shall not be construed as a waiver by CTDI of any stipulation or right to enforce such rules, and no form of conduct between CTDI and the Customer or any other party shall be deemed to modify the stipulations contained in the present Terms and Conditions.

Article 14. Applicable Law and Jurisdiction

The relationship between CTDI and the Customer as well as the present Terms and Conditions are subject to Belgian law.

Only the courts of the judicial district where the head office of CTDI is located are competent to settle any dispute that may arise between the Customer and CTDI and to which the parties have not been able to find an amicable solution.

Last update: 8 February 2019