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Identification 1.1 Luppens BV is a company registered in Belgium under registration number 0474.746.803, with its registered office at Vogelzang 77A, 2440 Geel, Belgium. For all inquiries, Luppens BV can be contacted via email at info@luppensbvba.com.
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General 2.1 These Terms and Conditions govern all sales made on www.semiconspareparts.com ("Website") and any other sales conducted directly through Luppens BV ("Luppens BV," "we," "our," "us"). 2.2 By placing an order on the Website or through any other means, the customer ("Customer," "you") agrees to be bound by these Terms and Conditions. 2.3 We reserve the right to modify these Terms and Conditions at any time. The version applicable to a purchase is the version in effect at the time of order placement.
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Products 3.1 The Website offers used and sometimes new spare parts for semiconductor equipment ("Products"). 3.2 All Products are sold "as is," without any warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. 3.3 While we strive for accuracy, we do not guarantee that product descriptions, specifications, or any other content on the Website are complete, reliable, current, or error-free.
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Orders and Payment 4.1 Orders placed on the Website are considered binding upon our confirmation of acceptance. 4.2 We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases where the Product is out of stock, pricing errors occur, or fraudulent activity is suspected. 4.3 Payment must be made in full before the order is shipped. Accepted payment methods will be specified on the Website.
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Shipping and Delivery 5.1 Shipping costs and estimated delivery times are provided during the checkout process. 5.2 Luppens BV is not responsible for any delays, losses, or damages incurred during shipping. The risk of loss and title to the Products passes to the Customer upon shipment.
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Inventory 6.1 If a Customer orders a Product that is shown as in stock but it turns out to be unavailable, Luppens BV reserves the right to cancel the order and refund the payment in full. No further liability will be accepted.
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Returns and Refunds 7.1 If a Product is found to be non-functional upon receipt, meaning it does not power on, fails to perform its intended function, or exhibits significant defects preventing its use, the Customer may return it within seven (7) days of delivery at their own expense. 7.2 To initiate a return, the Customer must contact us using the contact form on our Website for return instructions. The Product must be returned in its original condition. 7.3 Upon receipt and inspection of the returned Product, we will issue a refund for the purchase price of the Product. Shipping costs are non-refundable. 7.4 No other returns or refunds will be accepted beyond the conditions stated above.
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Liability Disclaimer 8.1 To the fullest extent permitted by law, Luppens BV disclaims any and all liability, including but not limited to liability arising from, except where statutory consumer rights apply and cannot be excluded: a) The condition, quality, performance, or suitability of the Products; b) Any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Products; c) Any errors, inaccuracies, or omissions on the Website; d) Any shipping-related issues, including but not limited to delays, damages, or losses; e) Any other claims related to the Products, their usage, or information provided on the Website.
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Indemnification 9.1 The Customer agrees to indemnify, defend, and hold harmless Luppens BV, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the Customer's use of the Products or breach of these Terms and Conditions.
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Confidentiality 10.1 Luppens BV is not bound by any confidentiality obligations unless explicitly agreed upon in writing by both parties. This also applies to any information sent by the Customer marked as confidential.
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Data Protection 11.1 Luppens BV is committed to protecting the privacy and personal data of our Customers. Any personal data collected during the order process will be used solely for the purpose of fulfilling the order and will not be shared with third parties without the Customer's explicit consent, except as required by law.
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Taxes 12.1 All prices are exclusive of any present or future sales, revenue, value-added or excise tax or other tax applicable to the manufacture or sale of goods. Such taxes are added where applicable and shall be paid by the Buyer unless the Buyer provides the Seller with a valid tax exemption certificate or EU VAT number
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Cancellation 13.1 Seller in principle does not accept cancellation of orders. Upon limited exception, cancellation or rescheduling of shipment may be accepted if an authorized agent of the Seller provides authorization and the Buyer provides written notice of at least thirty (30) days prior to shipment. Any cancellation or rescheduling of shipment dates may be subject to a 15% restocking fee. The Buyer shall accept delivery of all such goods completed at the time of cancellation. Goods being produced at the time of cancellation shall be paid for by the Buyer at a price based on the percentage of completion of such inventory applied to the price of the finished product. 13.2 Cancellation for Default: Any order may be canceled in whole or in part on written notice by the Buyer because of the Seller’s failure to deliver goods in accordance with the terms of the Parties’ agreements, which failure is not due to any of the reasons set forth in Section 15 below. Cancellation by the Buyer for default, which may entitle the Buyer to procurement costs, shall be effective only upon the Seller’s failure to correct such default within a reasonable period of time, but no less than forty-five (45) working days after receipt by the Seller of written notice specifying such default. Upon cancellation, the Buyer, as its sole remedy, may recover from the Seller as damages the difference between the cost of procurement (cover) and the contract price, less expenses saved in consequence of the Seller’s breach, but in no event to exceed ten percent (10%) of the product price multiplied by that number of goods unconditionally released by the Buyer, but remaining unshipped at the time of cancellation, provided, however, such claim by the Buyer must be asserted within the thirty (30) day period following the effective date of cancellation. The Seller shall not be liable for incidental or consequential damages, including but not limited to the cost of labor, requalification, delay, loss of profits, or goodwill. 13.3 Cancellation for Insolvency: The Seller shall have the right to cancel any unfilled order without notice to the Buyer in the event that the Buyer: (i) becomes insolvent; (ii) is adjudicated bankrupt; (iii) petitions for or consents to any relief under any bankruptcy reorganization statutes; or (iv) becomes unable to meet its financial obligations in the normal course of business.
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Force Majeure 14.1 The Seller shall not be liable for any damage or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, acts of the Buyer, act of civil or military authority, war, riots, concerted labor action, or any other causes beyond the reasonable control of the Seller. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
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Assignment 15.1 The Parties may neither assign their respective rights nor duties under any of their agreements.
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Intellectual Property 16.1 All intellectual property rights, including but not limited to trademarks, copyrights, and patents, in and to the Products and any content on the Website, are owned by Luppens BV or its licensors. The Customer is granted a limited, non-exclusive, non-transferable license to use the Products and content for personal, non-commercial purposes only.
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Dispute Resolution 17.1 In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties may agree to submit the dispute to mediation or arbitration before resorting to litigation.
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Severability 18.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
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Entire Agreement 19.1 These Terms and Conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
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Governing Law and Jurisdiction 20.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Belgium. 21.2 Any disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent courts in Turnhout, Belgium.
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Contact Information 21.1 For any inquiries regarding these Terms and Conditions, you may contact us at: Luppens BV Vogelzang 77A, 2440 Geel, Belgium Email: info@luppensbvba.com
By placing an order on www.semiconspareparts.com or directly through Luppens BV, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
