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General terms & conditions

Terms & Conditions of FLUX US, established in Houston, TEXAS

Version valid from 01 Feb. 2024

 

0. Seller's identity

The seller is: FLUX US

 

1. General

1.1 These terms and conditions apply to all offers from FLUX US. The conditions are accessible to everyone and included on the FLUX US website. On request we will send you a written copy.

1.2 By placing an order you indicate that you agree with the delivery and payment conditions. FLUX US reserves the right to change its delivery and / or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general, specific conditions or stipulations of third parties are not recognized by FLUX US.

1.4 FLUX US guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

 

2. Delivery

2.1 Delivery takes place while stocks last

2.2 In the context of the rules of distance purchasing, FLUX US will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive within 1 month (30 days) of placing the order a message and in that case he has the right to cancel the order without costs and notice of default.

2.3 The obligation to deliver from FLUX US will, subject to proof to the contrary, be met as soon as the goods, delivered by FLUX US, have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.

2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.

 

3. Payment Facilities

3.1 Payment is made on one of the payment methods as indicated during the ordering process.

3.2 The payment term within which an order must be paid is 30 days after the invoice is sent or handed over. Orders that are not paid by the 30 day deadline will be cancelled automatically.

3.3 Unless otherwise agreed in writing, the shipment will take place after payment has been received. A waiting period of 1 to 3 working days must be taken into account if you choose to pay by bank transfer.

3.4  Unless protested by registered letter within 7 working days after receipt of the invoice, this is deemed to have been accepted by the customer.

 

4. Prices

4.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

4.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.

4.3 All prices on the site are in Dollar and are excluding VAT. 

4.4 All businesses who are Tax exempt buy Tax free upon the validation of an authorized Tax exemption Certificate.

 

5. View period / right of withdrawal

5.1 In the event of a consumer purchase, in accordance with the Market Practices and Consumer Protection Act (art. 45 et seq.), The buyer has the right to return (part of) the delivered goods within a period of 7 calendar days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to FLUX US after this period, the purchase is a fact. Before proceeding to return, the buyer is obliged to report this in writing to FLUX US within the period of 7 calendar days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, FLUX US will ensure that within 30 days after the receipt of the return shipment, the full purchase amount including the calculated shipping costs will be reimbursed to the customer. The return of the delivered goods is entirely for the account and risk of the buyer.

5.2 Cancelled orders may be credited as a store credit or refunded with a 3% to 10% cancellation fee.

5.3 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by FLUX US. For the latter services, in which FLUX US only acts as an intermediary or agent, the general terms and conditions of said network operators will apply.

5.4 The right of withdrawal does not apply to:

6. Data Managment

6.1 f you place an order with FLUX US, your data will be included in the FLUX US customer base. FLUX US adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

6.2 FLUX US respects the privacy of the users of the website and ensures confidentiality of your personal information.

6.3 In some cases FLUX US uses a mailing list. Each mailing contains instructions to remove yourself from this list.

 

7. Warranty and conformity

Product Warranty scope Warranty period Extended warranty available?
Beamo Major parts 12 months
Beambox Major parts 12 months
Beambox Pro Major parts 12 months
HEXA Major parts 12 months
Consumables Anything applicably consumed during regular use i.e. laser tubes 60 W laser tube: 12 months
All other laser tubes: 3 months
No warranty for other consumables
-
Add-ons Add-ons to include rotary and diode modules No warranty (in case of factory damage a free replacement is available) -

 

7.1 Product Compliance and Warranty Period

We guarantee that our products and services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the legal provisions at the time of the agreement. The standard warranty period is 12 months. For laser tubes, the warranty period for the 60W tube is 12 months and all others are 3 months.  The original packaging has to be kept for warranty for the machine to be picked up in case of a replacement / repair / return. (Otherwise it would have to be purchased by the customer). All extended warranties fall under the same stipulations as the standard warranty.

7.2 Additional Guarantees

Any additional guarantees from the entrepreneur, manufacturer, or importer do not affect your legal rights regarding any shortcomings in fulfilling the entrepreneur's obligations under the law or the distance agreement.

7.3 Checking Delivered Goods

Please check your delivered goods immediately upon receipt. If you find that an item is incorrect, inadequate, or incomplete, report these issues in writing to FLUX US before returning the item.

Note: Using, damaging, reselling, or repairing a defective product after discovering the defect voids your right to complain and return.

7.4 Resolution of Complaints

If FLUX US finds your complaint justified, we will either replace the product free of charge or provide written compensation.

7.5 Exclusions from Liability

FLUX US is not liable for damages caused by intentional or reckless actions of non-managerial staff.

7.6 Warranty Exclusions

The warranty does not apply if:

 

8. Offers

8.1 Offers are without obligation, unless otherwise stated in the offer.

8.2  Upon acceptance of a non-binding offer by the buyer, FLUX US reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.

8.3 Verbal promises are only binding for FLUX US after they have been confirmed explicitly and in writing.

8.4 Offers from FLUX US do not automatically apply to repeated orders.

8.5 FLUX US cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

8.6 Additions, changes and / or further agreements are only valid if agreed in writing.

 

9. Agreement

9.1 An agreement between FLUX US and a customer is established after an order assignment has been assessed by FLUX US for feasibility.

9.2 FLUX US reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.

10. Images and specifications

10.1 All images; photos, drawings, etc .; Data concerning weights, dimensions, colors, images of labels, etc. on the FLUX US website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.

11. Force of the majority

11.1 FLUX US is not liable if and inso far as its obligations cannot be met due to force of the majority.

11.2 Force of the majority means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of FLUX US as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force of the majority

11.3 In the event of force of majority, FLUX US reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. Under no circumstances is FLUX US obliged to pay any fine or compensation.

11.4 If on the commencement of the force majority FLUX US has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

12. Liability

12.1 FLUX US can in no way be held liable or accept any liability for any damage that occurs or has arisen, at any time, due to incorrect use of the devices and products, nor due to defective or incorrect use of the devices created by the devices. or composite products. FLUX US can also not be held liable for the defective, non-functioning or insufficient functioning of a product or part created by the customer himself with the devices, whatever.

13. Retention of title

13.1 Title to all goods sold and delivered by FLUX US to the buyer remains with FLUX US as long as the buyer has not paid the claims of FLUX US under the agreement or earlier or later similar agreements, as long as the buyer does the work performed or to be performed from this whether similar agreements have not yet been met and as long as the customer has not yet paid FLUX US's claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in article 3: 92 BW.

13.2 The goods delivered by FLUX US which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

13.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.

13.4 The customer already gives unconditional and irrevocable permission to FLUX US or a third party to be appointed by FLUX US to, in all cases where FLUX US want to exercise its ownership rights, to enter all those places where its properties will be located and to take those goods there.

13.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform FLUX US of this as soon as can reasonably be expected.

13.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to give the policy of this insurance for inspection to FLUX US on first request.

14. Applicable law / competent court

14.1 Belgian law applies to all agreements.

14.2 Disputes arising from an agreement between FLUX US that cannot be resolved by mutual agreement, the competent court within the district of Hasselt, Limburg, Belgium will take cognizance, unless FLUX US prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.