General Terms and Conditions of Sale - B2C

GENERAL TERMS AND CONDITIONS OF SALE - INDIVIDUAL CUSTOMERS (B2C)

1. General Information

These General Terms and Conditions of Sale (GTC) govern the contractual relations between SIMBELGIUM, specialized in the design, manufacture, and installation of high-end racing simulators, and the Customer, defined as any natural person acting for private, non-professional, or commercial purposes, placing an order with SIMBELGIUM.

SIMBELGIUM's online commerce website, a company specialized in the design and sale of high-end racing simulators, offers customers the possibility to purchase its products via its webshop. The company is domiciled at Brusselsesteenweg 150, 1785 Merchtem, registered under number BE0775473725.

SIMBELGIUM's contact details are as follows: Address: Brusselsesteenweg 150 - 1785 MERCHTEM - Phone: +32 (0) 486 13 65 44 - Email: info@simbelgium.be

VAT: BE0775473725

Any order implies unconditional acceptance of these GTC. 

No other condition shall prevail without prior written agreement from SIMBELGIUM.

These general conditions apply to all transactions made with Simbelgium, regardless of the channel used. By validating an order with SIMBELGIUM, the customer acknowledges having read and accepted these general conditions without exception.

2. Products and Services

The racing simulators, accessories, and installation services offered are detailed on our website or in our quotes. These descriptions include the essential characteristics of the products. 

SIMBELGIUM reserves the right to modify these characteristics without notice to improve product quality. Product descriptions available on our site are made with care. 

However, material errors or unintentional omissions may occur. SIMBELGIUM cannot be held responsible for incorrect information. We advise the customer to contact customer service for any specific questions regarding a product. Offers are valid while stocks last. SIMBELGIUM reserves the right to modify or withdraw an offer without notice.

3. Online Purchases

Order: Items are added to the cart via the corresponding buttons. 

After validating the cart, the customer enters their information and chooses payment and delivery options. An order confirmation is sent by email after validation.

Availability: Product availability is indicated on their page. If an ordered product is out of stock, SIMBELGIUM will contact the customer to propose a solution with an equivalent product.

Payment: Accepted payment methods are detailed on the website and in the general terms and conditions of sale. 

In case of payment refusal or anomaly, SIMBELGIUM reserves the right to refuse the order. 

In accordance with Book VI of the Belgian Code of Economic Law, consumers benefit from a 14 calendar day withdrawal right for contracts concluded at a distance. 

This right does not apply to professionals nor to personalized goods or goods made according to the consumer's specifications, as specified in article VI.53 of the CDE.

For the purchase of individual products, excluding simulators in complete packs.  

• Products must be returned in their original condition, without having been used, damaged, or showing signs of wear.

• Products must be returned in their original packaging, accompanied by all accessories, manuals, and documents provided.

• Return costs are the responsibility of the Customer, except in case of error or defect attributable to SIMBELGIUM.

Deductions in case of non-compliance

• If the returned product shows signs of use, damage, or wear affecting its resale as new, SIMBELGIUM reserves the right to deduct an amount corresponding to the restoration or depreciation of the product before refund.

To exercise this right, the consumer must notify SIMBELGIUM in writing of their decision.





4. Orders 

To place an order, the Customer must provide complete contact details (last name, first name, address, email, phone number) and confirm the order via a signed quote or purchase order, or an online ordering system. 

Once the order is confirmed, it is considered final subject to the exercise of the right of withdrawal provided by law.

An order acknowledgment will be sent by email, including a summary of products, services, and prices.

Only:

  1. Order cancellation: SIMBELGIUM reserves the right to cancel any order in case of non-compliance by the customer with payment conditions or due to force majeure.
  2. Refund terms: For the purchase of individual products, excluding simulators in complete packs. In case of cancellation by SIMBELGIUM, the refund of the amount already paid will constitute proof and conclusion of the order cancellation.

5. Price

Prices are expressed in EUROS, excluding shipping costs and applicable taxes. Shipping fees are communicated to the Customer before order confirmation and included in the invoice. SIMBELGIUM reserves the right to change its prices at any time, but products are billed at the rate in effect at the time of the order.

For deliveries outside the European Union, customs fees, taxes, or import duties may be applied. These fees remain the responsibility of the Customer.

6. Payment Terms

Payment is due at the time of order, unless otherwise specified in a contract or quote. Accepted payment methods include:

Credit card • Bank transfer • Installment payment under conditions (with prior agreement).

Any order not paid within the allotted time may be canceled or suspended by SIMBELGIUM.

Deposit at order: A deposit of 50% of the total amount is required at the time of order.

Balance to be paid before delivery: The balance must be paid before product delivery.

If the invoice is not paid, the client will not be able to receive their goods. 

Order approval: Any order is considered final once the deposit has been paid and the quote has been signed or approved by both parties.

No modification may be made after this approval, except with the explicit agreement of both parties.

Supply issue: In case of difficulty related to the supply of ordered products, the parties agree to jointly seek an alternative or similar products to finalize the order.

Post-approval modifications: Any modification requested by the client after order approval (e.g., change of bucket design, simulators, or other elements) will be subject to additional billing to cover the work and extra costs related to this modification.

Cancellation terms: In case of cancellation after signing a purchase order, the amount already paid by the client will constitute the basis for the cancellation and may, at SIMBELGIUM's discretion, be partially refunded or used as a deposit for a future order. Any deposit paid by the client to the seller will not be refunded. If no deposit has been paid, the seller may claim from the client a termination fee equivalent to 10% of the price of the products whose order was canceled by the client. 

Personalized products are in no case refundable. In case of cancellation, these products will be fully billed due to their unique nature.

Complete pack simulators, manufactured according to the Client's specifications, constitute personalized goods within the meaning of Article VI.53 of the Economic Law Code.

As such, they are not entitled to a right of withdrawal and are not subject to any refund.

This exclusion does not apply to standard or non-customized accessory products.

7. Order Modification and Cancellation 

Any modification requested after approval (design, configuration, components, or software) will result in additional billing. These modifications may cause a delay or postponement of delivery, particularly due to stock replenishment times and component delivery times, independently of Simbelgium's control.

8. Delivery and installation

Products are delivered by specialized carriers (notably Depaire, DHL, Bpost, etc.) to the address provided by the Client and mentioned on the delivery note.

Delivery times are provided strictly as an indication and are generally between 4 and 16 weeks depending on the selected simulator configuration.
These deadlines do not constitute an obligation of result and may be modified, notably in case of delays from suppliers, logistical constraints, or events beyond SIMBELGIUM's control.

In case of delay, the Client will be informed as soon as possible. No delay may give rise to order cancellation, termination, or compensation.

This provision applies without prejudice to the Client's right to terminate the contract in case of excessive delay, after formal notice in accordance with the Economic Law Code.

Delivery fees may vary depending on the location. The Client can only intervene in the logistics process once the delivery is underway.

If the Client wishes to collect the product by their own means, they must imperatively indicate this when the quote is prepared. Once the quote is validated, any delivery fees included cannot be refunded.

Any cancellation or postponement of delivery attributable to the Client, notably in case of non-payment, payment not received before delivery, unavailability or non-compliance of the premises, will incur additional costs entirely borne by the Client. Subsequent deliveries will be rescheduled and invoiced to the Client.

Upon receipt, the Client is required to check the condition of the products and note any reservation related to damage or non-conformity directly on the delivery note before signing.
The Client must inform SIMBELGIUM in writing within 48 hours following receipt.

In the absence of the Client's signature on the delivery note, any written exchange or probative element establishing the actual handover or availability of the product (written confirmation, carrier proof, delivery tracking, photograph, etc.) shall be deemed valid proof of delivery and shall have the same legal effects as a signed delivery note.

Risks are transferred to the Client upon delivery, including in case of reservation or deferred installation. This provision applies without prejudice to the Client's rights regarding conformity, legal warranty, and hidden defects.

SIMBELGIUM remains responsible for damages related to transport or duly noted non-conformities upon delivery, under the conditions specified above.

Delivery and, if applicable, installation of the equipment are strictly subject to the prior, complete, and continuous compliance of the Client's premises, which must meet all technical, electrical, structural, dimensional, safety, accessibility, and connectivity requirements necessary for the installation and operation of the equipment supplied by SIMBELGIUM.

The Client acknowledges having received, at the latest on the day of delivery, all information, user manuals, technical prerequisites, and recommendations communicated by SIMBELGIUM, and expressly declares that their premises comply with them.

This compliance is assessed exclusively based on the information, documents, plans, photographs, validations, and written exchanges provided by the Client, which fully engage their responsibility.
Written exchanges between the Parties are binding and prevail over any oral statements.

Any specific logistical needs (floor, elevator, lift, restricted access, etc.) must be reported at the time of order. Any additional costs remain the responsibility of the Client.

In the event of total or partial non-compliance of the premises, observed before, during, or after the intervention:

  • SIMBELGIUM reserves the right, at its sole discretion, to defer, suspend, or refuse the installation;
  • No liability, guarantee of result, or compensation may be sought against SIMBELGIUM;
  • All incurred or additional costs (travel, immobilization of personnel and equipment, storage, new intervention, technical adaptations, etc.) will be automatically charged to the Client.

The Client remains solely and fully responsible for the direct or indirect consequences resulting from non-compliance of the premises, particularly regarding personal safety, material damage, equipment malfunction, loss of business, or interruption of activity.

SIMBELGIUM cannot be held responsible for installation delays due to external events such as strikes, bad weather, access restrictions, or force majeure.

9. Environment and installation (see user manual) 


Simbelgium cannot be held responsible for the choice of flooring or any environmental conditions (climate, humidity, available space, electrical supply, etc.) that may affect the stability, safety, and proper functioning of the simulator.
It is exclusively the client's responsibility to ensure that the environment complies with the installation conditions defined by Simbelgium and the user manual provided beforehand.

In the event that the client has requested delivery and/or installation in a space that is not ready, not compliant, or unsuitable according to the aforementioned conditions and/or the user manual, the client will assume full responsibility, without Simbelgium being held liable for any resulting consequences.

Such non-compliance may notably cause delays in installation, suspension or postponement of commissioning, as well as postponement or cancellation of scheduled training, without possibility of claim, compensation, or indemnity against Simbelgium.

Furthermore, these situations may require additional interventions (travel, labor, technical adjustments, remote or on-site support).
When these interventions are excessive, repeated, or made necessary by the non-compliance of the client’s environment, Simbelgium reserves the right to charge the client, according to current rates, after prior notification.

Simbelgium does not perform any electrical work, drilling, painting, or any other structural intervention in the client’s private space. These works remain the responsibility and at the exclusive charge of the client.

10. National/International Delivery Charges

Unless otherwise stated, the prices of “complete pack” simulators indicated on the site or in SIMBELGIUM’s commercial communications exclude delivery charges.

Delivery charges are invoiced additionally and determined notably based on:

  • the delivery address,
  • the weight and dimensions of the packages,
  • insurance covering the value of the equipment.

11. Warranty and After-Sales Service (SAV)

All new products benefit from a 2-year manufacturer’s warranty (parts and labor), starting from the delivery date. 

Refurbished products are covered by an internal Simbelgium warranty of 6 months, communicated to the client at the time of purchase.
Simbelgium, as a reseller, cannot be held responsible for defects in components manufactured by third parties. It acts as the sole intermediary between the original brand and the client for any purchase of complete packs or spare parts.

The Client is invited to inform SIMBELGIUM as soon as possible of any defect or malfunction observed, to allow for prompt and appropriate handling.

To this end, it is recommended that the Client notify SIMBELGIUM within an indicative period of 10 days from the detection of the defect.

The Client agrees to take all reasonable measures to avoid any worsening of the defect or the occurrence of additional damage, notably by suspending the use of the simulator when necessary.

In the event of continued use of the simulator despite a reported malfunction and/or failure to follow instructions communicated by SIMBELGIUM, the Client acknowledges that this use may lead to worsening of the damage.

When additional damage results from such use or failure to follow instructions, SIMBELGIUM reserves the right to suspend or limit coverage under the contractual warranty, strictly to the extent of the damage attributable to this use.

12. Technical Service

12.1 General terms

Technical interventions are carried out exclusively by appointment.

Any intervention request must be previously scheduled by email with SIMBELGIUM.

The technical service is available Monday to Friday, from 10:00 AM to 5:00 PM, excluding public holidays.

SIMBELGIUM strives to process requests as quickly as possible, without guaranteeing immediate intervention, except in emergencies expressly validated by SIMBELGIUM.

Interventions carried out outside standard hours may be subject to a price increase, subject to prior written acceptance by the Client.

12.2 Financial conditions

Any intervention outside warranty is charged (labor, travel, parts).

Any on-site intervention is subject to prior written acceptance of a quote.

Travel expenses, spare parts, and services not covered by the warranty are invoiced according to the accepted quote.

12.3 In case of on-site intervention requested by the Client, additional fees may apply, including:

Travel expenses, calculated according to the distance,

Labor cost, based on the actual intervention time,

Possible surcharges related to the complexity or nature of the intervention.

The intervention will only be carried out after written validation of these conditions by the Client.

12.4 Procedure in case of breakdown or return

For any warranty activation, the Client must imperatively contact SIMBELGIUM and follow the procedure described below.

In order to reduce processing times or to facilitate analysis and repair, especially when the Client is located at a significant geographical distance, the Client may, if they wish, proceed themselves with the partial or total disassembly of the equipment concerned before the appointment date set with SIMBELGIUM and after prior agreement from them.

This early disassembly:
– is carried out at the sole initiative of the Client,
– without intervention by a third party not authorized by SIMBELGIUM,
– under the sole responsibility of the Client,
– and in accordance with any instructions possibly communicated by SIMBELGIUM.

Any intervention, assistance, or handling performed by an unauthorized third party will be considered an unauthorized intervention, resulting in the immediate exclusion of the contractual warranty on the affected parts.

The Client agrees to provide any useful element for defect analysis (photographs, videos, detailed description).

This option for early disassembly does not constitute an obligation and applies provided that the observed defect is not due to an exclusive fault of SIMBELGIUM.

Step 1 – Disassembly

The product must be carefully disassembled by the Client before shipment.
SIMBELGIUM declines all responsibility for damage caused during disassembly carried out by the Client.

Step 2 – Product Return

The defective product must be shipped:

  • Or to the address of SIMBELGIUM communicated to the Client,
  • Either to the address of the authorized repair service designated by SIMBELGIUM.

Step 3 – Client Obligations

The Client must necessarily provide:

  • The carrier's tracking number,
  • Transport insurance covering the full value of the product,
  • Proof of this insurance,
  • A photo of the packaging before shipment, sent at the same time as the tracking number.

12.5 Transport Liability

  • In the absence of proof of transport insurance or a tracking number, SIMBELGIUM declines all responsibility in case of loss or damage during transport.
  • Failure to comply with this procedure may result in refusal to cover the breakdown.

12.6 Purchase of parts by the Customer

In some cases, SIMBELGIUM may ask the Customer to acquire a part or component themselves.

Mandatory refund conditions:

  • Prior submission of a quote or price offer to SIMBELGIUM,
  • Written agreement from SIMBELGIUM before purchase,
  • Submission of the original invoice or a certified copy,
  • Verification by SIMBELGIUM of the technical compliance of the part.

The refund will be processed within 30 days after validation by SIMBELGIUM.

In case of non-compliance with this procedure, SIMBELGIUM reserves the right to refuse any refund.
Costs incurred without prior authorization (installation, delivery, etc.) will not be reimbursed.

In case of non-compliance with this procedure, SIMBELGIUM reserves the right to refuse the refund.

Additional costs (installation, delivery, etc.) incurred by the Customer without prior authorization from SIMBELGIUM will not be reimbursed.

12.7 Exceptions and Non-Returnable Items:

Customized products, such as complete racing simulator packs or any other bespoke items, are neither accepted for return nor refunded. 

For any questions or concerns regarding a specific item, please do not hesitate to contact us.

13. Warranty Exclusion

The warranty does not apply in the following cases: Misuse: Products used in a manner not conforming to the instructions or intended uses (the recommendations provided by SIMBELGIUM) are excluded from the warranty. 

Maintenance defect: Any defect resulting from a lack of regular or improper maintenance, as indicated or stipulated in writing or communicated via SIMBELGIUM's official notices and instructions, will not be covered. 

Updates not performed: Failure to install updates, patches, or technical recommendations provided by SIMBELGIUM for the proper functioning of the product results in the exclusion of the warranty.

These exclusions include, but are not limited to: mechanical, electronic, or software damage caused by negligence or improper handling, as well as any unauthorized modification of the products. To ensure full coverage, the client must strictly follow the usage, maintenance, and update guidelines communicated by SIMBELGIUM.

14. Software and Content

Prohibited modifications: It is strictly forbidden to modify, delete, or integrate games, software, or programs other than those initially installed by SIMBELGIUM on the simulators or computers provided. Any unauthorized intervention, which may cause compatibility issues, malfunctions, bugs, or misadjustments, may result in the loss of the contractual warranty on the affected items.

Consequences of unauthorized interventions: In case of violation of this rule, SIMBELGIUM may refuse any free technical assistance. 

If the Client requests an intervention to repair malfunctions caused by unauthorized modifications, the repair hours as well as travel expenses will be charged to the Client. 

Adding specific content: The integration of new tracks or cars can be done, but only by SIMBELGIUM. This service is subject to a prior quote and must be paid before the intervention.

Any attempt to add content by the Client or an unauthorized third party is prohibited and will result in the same consequences as those mentioned for unauthorized interventions. SIMBELGIUM reserves the right to verify at any time the integrity of the software installed on the delivered products to ensure their compliance.

15. Assembly and validation


The entire simulator has been assembled, tested, and approved by a SIMBELGIUM certified technician.

16. Software compatibility


Simbelgium cannot under any circumstances be held responsible for any incompatibility between the simulation software used by the client and the peripherals included in our complete packs (base, steering wheel, pedals), regardless of the brand.

17. Modifications and relocations


In the event of modification, relocation, or reinstallation of the simulator carried out by the Client without prior written consent from SIMBELGIUM, the Client alone will assume full responsibility for the consequences and any potential damages resulting from these interventions, compared to the initial installation performed and delivered by SIMBELGIUM.

Even when these operations are carried out with the prior written consent of SIMBELGIUM, the Client remains responsible for any mishandling, improper handling, assembly errors, shocks, or damage caused during these interventions.

In case of damages attributable to such handling, the warranty may be adjusted, limited, or refused, depending on the damages observed, without prejudice to the legal guarantee of conformity applicable to consumers, when it applies.

18. Use of Peripherals and Premature Wear


If the client has a base compatible with several steering wheels and regularly changes these wheels, it is their responsibility to handle these operations carefully. Any mishandling, breakage, accelerated wear, mechanical blockage, or disconnection caused by improper use cannot be attributed to Simbelgium.
In case of a problem related to the above points, the client must contact Simbelgium as soon as possible to avoid any worsening of the damage.

19. Logos 

Products delivered by SIMBELGIUM bear logos, signs, and markings identifying the brand and its partners. These elements are an integral part of the delivered products.

20. Liability

SIMBELGIUM cannot be held responsible for damages resulting from misuse, use not in accordance with the provided instructions, unauthorized modification, or intervention carried out by an unauthorized third party.

SIMBELGIUM cannot be held responsible for indirect or immaterial damages, such as data loss, moral damage, or financial losses resulting from non-compliant use of the product.

The provisions of this article apply without prejudice to the consumer's mandatory rights, particularly regarding the legal guarantee of conformity and product safety.

21. Retention of Title

The products remain the property of SIMBELGIUM until full payment is made. In case of non-payment, SIMBELGIUM reserves the right to recover the delivered products at the Client's expense.

22. Consignment Sale 

In case of resale of your machine, we offer the possibility to propose it on consignment in our showroom. Once the machine is sold, the agreed amount will be paid in full.

23. Data Confidentiality

SIMBELGIUM commits to protecting its Clients' personal data in accordance with the GDPR. The data collected is used solely within the scope of the commercial relationship.

24. Force Majeure Clause

SIMBELGIUM cannot be held responsible for the non-performance or delay in the performance of any of its obligations when such non-performance or delay results from a force majeure event or an event beyond its control, such as, in particular, strike, shortage of raw materials or components, interruption of supply chains, natural disaster, fire, pandemic, war, or decision by authorities.

The performance of obligations is suspended for the duration of the force majeure event.

25. Partial nullity clause 

If one or more provisions of these General Terms and Conditions of Sale are declared null, illegal, or unenforceable by a competent court, this nullity shall in no way affect the validity of the other provisions.

The Parties agree to replace the invalid provision with a valid provision that most closely reflects the original economic intent.

26. Disputes

Prior amicable resolution

In case of difficulty, complaint, or dispute relating to an order, delivery, installation, or operation of products, the Parties commit to prioritizing an amicable resolution through constructive and good faith dialogue.

SIMBELGIUM undertakes to examine any request or complaint from the Client diligently, with a view to understanding, calming, and seeking a solution, to ensure Client satisfaction and continuity of the relationship.

To this end, the Client is invited to contact SIMBELGIUM in writing or by phone, before any other step, using the following contact details:

– E-mail: info@simbelgium.be
– Phone: +32 (0) 486 13 65 44

Only if an amicable resolution fails within a reasonable time may the Parties consider any other procedure, without prejudice to the consumer’s legal rights, including recourse to mediation mechanisms or competent courts. The competent courts will be those determined by the applicable legal provisions.

Any product order implies unconditional acceptance of these general terms and conditions of sale, supplemented or modified by our special conditions, which override any contrary clause that may appear in purchase conditions, order forms, or other commercial documents.

These GTC are also available upon request or via the SIMBELGIUM website.
For any questions, please contact us at info@simbelgium.be or at +32 (0) 486 13 65 44.

The buyer acknowledges having read and accepted the general terms and conditions.

Date + Buyer’s Signature*

*By signing this document, under the European GDPR regulation concerning the processing of personal data, we inform you that the data concerning you is currently confidentially recorded in the database of our company SIMBELGIUM BV for internal use only, and this for a period of 24 months (legal duration).

In case of refusal, check the box ☐

GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONAL CUSTOMERS (B2B)

1. Seller identity
The company SIMBELGIUM, specialized in the design, manufacture, sale, and installation of high-end racing simulators.

Address: Brusselsesteenweg 150, 1785 Merchtem – Belgium

Phone: +32 (0) 486 13 65 44
E-mail: info@simbelgium.be
VAT: BE0775473725

These General Terms and Conditions of Sale (hereinafter "B2B GTC") exclusively govern the contractual relationships between SIMBELGIUM and professional clients. 

2. Scope – Professional client – Proof (VAT)
These GTC apply exclusively to professional clients, meaning any natural or legal person acting within the scope of their commercial, industrial, artisanal, or liberal activity. 

They apply to all transactions, regardless of the channel used (quote, purchase order, online sale, direct sale).

Providing a valid VAT number by the client constitutes express recognition of their status as a professional client, SIMBELGIUM cannot be held responsible for the use or destination of the purchase made.

Any order implies unconditional acceptance of these B2B GTC, excluding any other conditions, unless prior written agreement from SIMBELGIUM.

3. Products and services
Racing simulators, accessories, and installation services offered are described on the website, quotes, or commercial documents.

SIMBELGIUM reserves the right to modify the technical characteristics of products at any time for improvement purposes, without this constituting a substantial modification.

Visuals and descriptions are provided for information only and are not contractual.

Offers are valid while stocks last.

4. Orders
Any order must be validated by: an accepted quote or purchase order, or explicit written validation.

Once validated, the order is firm and final.

SIMBELGIUM reserves the right to cancel or suspend an order in case of: non-payment, incorrect information, force majeure.

SIMBELGIUM cannot be held responsible in case of force majeure (strikes, component shortages, supplier delays, pandemic, fire, natural disaster, war, etc.). Obligations are suspended during the event.

5. Online purchases (if webshop used)
Order: items are added to the cart, then the client enters their information and chooses payment and delivery options. An order confirmation is sent by email after validation.

Availability: if an ordered product is unavailable, SIMBELGIUM will contact the professional client to propose a solution (delay, replacement, or adaptation), without obligation to provide an equivalent product.

Payment: in case of payment refusal or anomaly, or stock unavailability, SIMBELGIUM reserves the right to refuse the order and fully refund the order. 

6. Prices
Prices are expressed in euros, excluding VAT, unless otherwise indicated.

Transport, installation, and additional fees are communicated before validation and billed separately.

SIMBELGIUM reserves the right to change its prices at any time, without retroactive effect on accepted orders.

7. Payment Terms
7.1 Methods
Payment is due according to the conditions defined in the quote.

Accepted payment methods: bank transfer, credit card, installment payment under conditions and prior agreement.

7.2 Deposit
A deposit of 50% of the total amount is required at the time of order.

The order is considered final upon payment of the deposit and signature of the quote/order form.

The deposit is definitively acquired by SIMBELGIUM.

7.3 Balance
The balance must be paid before delivery.

In case of non-payment, delivery will be suspended and postponed to a later date, proposed to the client and agreed upon mutually (see point 8 – Delivery and installation).

8. Order modifications and cancellation
Any modification requested after validation (design, configuration, components, or software) will result in additional billing. These modifications may cause a delay or postponement of delivery, notably due to stock replenishment times and component delivery times, independently of Simbelgium's will.

In case of cancellation by the client of their order or part of their order: the deposit remains acquired. SIMBELGIUM may claim a termination fee equivalent to 10% of the pre-tax amount. 

Customized or made-to-measure products are billed in full and cannot be refunded. 

9. Delivery and installation
Delivery times are indicative (4 to 16 weeks depending on configuration). Deadlines are given for information only and do not constitute an obligation of result. No delay may give rise to cancellation or compensation. Deliveries are made by specialized carriers to the address provided.

Any cancellation or postponement of delivery attributable to the client will incur additional charges at their expense.

The installation of equipment is strictly subject to the prior, complete, and continuous compliance of the Client's premises, which must meet all technical, electrical, structural, dimensional, safety, and accessibility requirements necessary for the installation and operation of the equipment supplied by Simbelgium.

The Client acknowledges having received, at the latest on the day of delivery, all information, user manuals, technical prerequisites, and recommendations transmitted by Simbelgium, and expressly declares that their premises comply with them.

This compliance is assessed exclusively based on the information, documents, plans, photographs, validations, and written exchanges provided by the Client, which fully engage their responsibility.
Written exchanges between the Parties are binding and prevail over any oral statements.

In the event of total or partial non-compliance of the premises, observed before, during, or after the intervention:

  • Simbelgium reserves the right, at its sole discretion, to defer, suspend, or refuse the installation;
  • no liability, obligation of result, or compensation may be sought against Simbelgium;
  • All incurred or additional costs (travel, immobilization of personnel and equipment, storage, new intervention, technical adaptations, etc.) will be automatically charged to the Client.

The Client remains solely and fully responsible for the direct or indirect consequences resulting from non-compliance of the premises, particularly regarding personal safety, material damage, equipment malfunction, loss of business, or interruption of activity.

Risks are transferred to the Client upon delivery, even in case of reservation or deferred installation.

SIMBELGIUM's liability is limited in accordance with Article 13 and shall in no case cover indirect damages.

10. Warranty
The products benefit from a contractual warranty of 12 months, unless otherwise indicated.

The warranty exclusively covers manufacturing defects.

Any unauthorized disassembly or modification results in immediate loss of the warranty.

The warranty does not apply in the following cases: Misuse: Products used in a manner not conforming to the instructions or intended uses (the recommendations provided by SIMBELGIUM) are excluded from the warranty. 

Lack of maintenance: Any defect resulting from a lack of regular or improper maintenance, as indicated or orally stipulated by SIMBELGIUM, will not be covered. Updates not performed: Failure to install updates, patches, or technical recommendations provided by SIMBELGIUM for the proper functioning of the product results in warranty exclusion.

These exclusions include, but are not limited to: mechanical, electronic, or software damage caused by negligence or improper handling, as well as any unauthorized modification of the products. To ensure full coverage, the client must strictly follow the usage, maintenance, and update guidelines communicated by SIMBELGIUM.

11. Technical service and interventions
11.1 General terms

  • Technical interventions are carried out exclusively by appointment.
  • Any intervention request must be previously scheduled by email with SIMBELGIUM.
  • The technical service is available Monday to Friday, from 10:00 AM to 5:00 PM, excluding public holidays.
  • SIMBELGIUM strives to process requests as quickly as possible, without guaranteeing immediate intervention, except in emergencies expressly validated by SIMBELGIUM.
  • Interventions carried out outside standard hours may be subject to a price increase, subject to prior written acceptance by the Client.

11.2 Financial conditions

  • Any intervention outside warranty is charged (labor, travel, parts).
  • Any on-site intervention is subject to prior written acceptance of a quote.
  • Travel expenses, spare parts, and services not covered by the warranty are invoiced according to the accepted quote.

11.3 In case of on-site intervention requested by the Client, additional fees may apply, including:

  • Travel expenses, calculated according to the distance,
  • Labor cost, based on the actual intervention time,
  • Possible surcharges related to the complexity or nature of the intervention.

The intervention will only be carried out after written validation of these conditions by the Client.

11.4 Procedure in case of breakdown or return
For any warranty activation, the Client must imperatively contact SIMBELGIUM and follow the procedure described below.

In order to reduce processing times or to facilitate analysis and repair, especially when the Client is located at a significant geographical distance, the Client may, if they wish, proceed themselves with the partial or total disassembly of the equipment concerned before the appointment date set with SIMBELGIUM and after prior agreement from them.

This early disassembly:
– is carried out at the sole initiative of the Client,
– without intervention by a third party not authorized by SIMBELGIUM,
– under the sole responsibility of the Client,
– and in accordance with any instructions possibly communicated by SIMBELGIUM.

Any intervention, assistance, or handling performed by an unauthorized third party will be considered an unauthorized intervention, resulting in the immediate exclusion of the contractual warranty on the affected parts.

The Client agrees to provide any useful element for defect analysis (photographs, videos, detailed description).

This option for early disassembly does not constitute an obligation and applies provided that the observed defect is not due to an exclusive fault of SIMBELGIUM.

Step 1 – Disassembly
The product must be carefully disassembled by the Client before shipment.
SIMBELGIUM declines all responsibility for damage caused during disassembly carried out by the Client.

Step 2 – Product return
The defective product must be shipped:

  • Or to the address of SIMBELGIUM communicated to the Client,
  • Either to the address of the authorized repair service designated by SIMBELGIUM.

Step 3 – Client obligations
The Client must mandatorily provide:

  • The carrier's tracking number,
  • Transport insurance covering the full value of the product,
  • Proof of this insurance,
  • A photo of the packaging before shipment, sent at the same time as the tracking number.

11.5 Transport liability

  • In the absence of proof of transport insurance or a tracking number, SIMBELGIUM declines all responsibility in case of loss or damage during transport.
  • Failure to comply with this procedure may result in refusal to cover the breakdown.

11.6 Purchase of parts by the Client
In certain cases, SIMBELGIUM may ask the Client to acquire a part or component themselves.

Mandatory refund conditions:

  • Prior submission of a quote or price offer to SIMBELGIUM,
  • Written agreement from SIMBELGIUM before purchase,
  • Submission of the original invoice or a certified copy,
  • Verification by SIMBELGIUM of the technical compliance of the part.

The refund will be processed within 30 days after validation by SIMBELGIUM.

In case of non-compliance with this procedure, SIMBELGIUM reserves the right to refuse any refund.
Costs incurred without prior authorization (installation, delivery, etc.) will not be reimbursed.

12. Partial nullity
If one or more provisions of these B2B General Terms and Conditions of Sale are declared null, illegal, or unenforceable by a competent jurisdiction, this nullity shall in no way affect the validity, legality, or enforceability of the other provisions.

The Parties agree to replace the invalid provision with a valid provision that most closely reflects the original economic intent.

13. Software and content
Prohibited modifications: It is strictly forbidden to modify, delete, or integrate games, software, or programs other than those initially installed by SIMBELGIUM on the simulators or computers provided. Any unauthorized intervention, which may cause compatibility issues, malfunctions, bugs, or misadjustments, will automatically void the warranty. 

Consequences of unauthorized interventions: In case of violation of this rule, SIMBELGIUM may refuse any free technical assistance. If the Client requests an intervention to repair malfunctions caused by unauthorized modifications, the repair hours and travel expenses will be charged to the Client. Addition of specific content: The integration of new circuits or cars can be carried out, but only by SIMBELGIUM. This service is subject to a prior quote and must be paid before the intervention.

Any attempt to add content by the Client or an unauthorized third party is prohibited and will result in the same consequences as those mentioned for unauthorized interventions. SIMBELGIUM reserves the right to verify at any time the integrity of the software installed on the delivered products to ensure their compliance.

Any modification, addition, or removal of software, games, or content not performed by SIMBELGIUM is strictly prohibited.

Any unauthorized intervention results in: cancellation of the warranty, full billing of any repairs.

Simbelgium cannot under any circumstances be held responsible for any incompatibility between the simulation software used by the client and the peripherals included in our complete packs (base, steering wheel, pedals), regardless of the brand.

14. Modifications and Relocations
Any modification, relocation, or reinstallation of the simulator carried out by the customer, even after written information or authorization from Simbelgium, is done under the sole and exclusive responsibility of the customer.

The customer is obliged to notify and inform Simbelgium in writing of any planned or completed modification, relocation, or reinstallation.

Simbelgium assumes no responsibility and will not intervene in any case for the consequences or damages, direct or indirect, resulting from these interventions, including in case of breakage, deterioration, or malfunction, compared to the initial installation carried out and delivered by Simbelgium.

Consequently, no contractual warranty can be invoked for damages related, directly or indirectly, to these modifications, relocations, or reinstallations.

15. Use of Peripherals and Premature Wear
If the customer has a base compatible with several steering wheels and regularly changes these wheels, it is their responsibility to handle these operations carefully. Any mishandling, breakage, accelerated wear, mechanical blockage, or disconnection caused by improper use cannot be attributed to Simbelgium.

In case of a problem related to the above points, the client must contact Simbelgium as soon as possible to avoid any worsening of the damage.

16. Environment and Installation (see user manual)
Simbelgium cannot be held responsible for the choice of flooring, nor for any environmental conditions (climate, humidity, available space, power supply, etc.) that may affect the stability, safety, and proper functioning of the simulator.
It is exclusively the client's responsibility to ensure that the environment complies with the installation conditions defined by Simbelgium and the user manual provided beforehand.

In the event that the client has requested delivery and/or installation in a space that is not ready, not compliant, or unsuitable according to the aforementioned conditions and/or the user manual, the client will assume full responsibility, without Simbelgium being held liable for any resulting consequences.

Such non-compliance may notably cause delays in installation, suspension or postponement of commissioning, as well as postponement or cancellation of scheduled training, without possibility of claim, compensation, or indemnity against Simbelgium.

Furthermore, these situations may require additional interventions (travel, labor, technical adjustments, remote or on-site support).
When these interventions are excessive, repeated, or made necessary by the non-compliance of the client’s environment, Simbelgium reserves the right to charge the client, according to current rates, after prior notification.

Simbelgium does not perform any electrical work, drilling, painting, or any other structural intervention in the client’s private space. These works remain the responsibility and at the exclusive charge of the client.

17. Liability
SIMBELGIUM's liability is strictly limited to proven direct damages.

It is capped at the VAT-excluded amount of the order concerned.

SIMBELGIUM cannot be held responsible for indirect damages, loss of business, or loss of profit.

18. Retention of Title
The products remain the property of SIMBELGIUM until full payment is made.
In case of non-payment, SIMBELGIUM reserves the right to reclaim the products, at the customer's expense.

19. Intellectual Property and Logos
The logos, brands, and signs affixed
on the products cannot be removed or modified for a period of 10 years.

Any violation will result in suspension of the technical service and billing of interventions.

Products delivered by SIMBELGIUM bear logos, signs, and markings identifying the brand and its partners. These elements are an integral part of the delivered products.

It is strictly forbidden to remove, hide, alter, or modify the logos and signs on the products for a period of 10 years from the date of delivery.

This obligation is justified by the protection of the brand image, product traceability, and business partnerships.

In case of non-compliance with this obligation: SIMBELGIUM reserves the right to suspend or cancel access to the technical service.

Any subsequent technical intervention, if accepted, will be charged to the Client, even if it was initially covered by a warranty or free assistance.

Simbelgium may also require the Client to bring the products into compliance by reinstalling missing logos or signs, at their expense.

20. Data and confidentiality
Data is processed in accordance with the GDPR and used exclusively within the framework of the professional relationship.

21. Non-solicitation of staff and partners
The Client undertakes, during the entire duration of the contractual relationship and for a period of 24 months following its termination, for any reason whatsoever, not to solicit or hire, directly or indirectly, any member of SIMBELGIUM's staff, subcontractor, or business partner who has participated, directly or indirectly, in the execution of the contract.

This prohibition applies regardless of the form and method of solicitation.

In case of breach, the Client shall owe SIMBELGIUM a lump sum compensation equivalent to six (6) months of gross remuneration of the person concerned, without prejudice to SIMBELGIUM's right to claim full compensation for its actual damage if it is greater.

22. Applicable law and jurisdiction
These GTC are governed by Belgian law.

The courts of the registered office of SIMBELGIUM have exclusive jurisdiction for any dispute.

23. Availability and acceptance
These B2B GTC are available upon request or on the website.

Any order or payment (deposit or balance) implies unconditional acceptance of these GTC.

24. Language
These B2B General Terms and Conditions of Sale are written in French and Dutch.

In case of translation into one or more other languages, only the French version shall prevail in case of discrepancy, interpretation, or dispute.

The professional client acknowledges having read these B2B General Terms and Conditions of Sale and having accepted them.

This warranty is strictly contractual and does not constitute a legal warranty within the meaning of the provisions applicable to consumers.