General Terms and Conditions
ARTICLE 1. DEFINITIONS
1.1. In these General Conditions relating to the RF GURU Website and Webshop, the following terms shall have the following meanings:
1.1.1. "RF GURU": Diëlectricum BV with registered office at Koeweideblock 2 / C10, B-1785 Merchtem and company number BE0553548217. 1.1.2. "Webshop": The online store of RF GURU, accessible via https://shop.rf.guru, and any other internet addresses that may be determined by RF GURU from time to time. 1.1.3. "Buyer": Any natural or legal person who enters into a distance contract with RF GURU. 1.1.4. "Consumer Buyer": Any natural or legal person who acquires or uses products or services marketed solely for non-professional purposes through a distance contract. 1.1.5. "Distance contract": A contract whereby, within the framework of a sales system organised by the Seller for distance selling of products, one or more communication techniques for distance communication are exclusively used up to and including the conclusion of the contract. 1.1.6. "Right of withdrawal": The possibility for the Consumer Buyer to withdraw from the distance contract within the cooling-off period. 1.1.7. "Cooling-off period": The period within which the Consumer Buyer may exercise his right of withdrawal. 1.1.8. "Products": The subject of one or more contracts.
ARTICLE 2. THE WEBSHOP AND PERSONAL DATA
2.1. The RF GURU Webshop is part of Diëlectricum BV, with its registered office at 1785 Merchtem, Koeweideblock 2 / C10. Diëlectricum BV is registered with the Chamber of Commerce and is known to the tax authorities under number BE0553548217.
2.2. The Website is equipped with an SSL Certificate. RF GURU will comply with all legal requirements regarding the security of your personal and payment data. RF GURU strives for continuous improvement of the security of your data. In case of abuse, RF GURU will inform you and report to the police.
2.3. RF GURU never provides your personal data to third parties. If RF GURU provides your personal data to third parties, RF GURU will always ask for your permission in advance.
2.4. RF GURU is obliged to report to the police in case of suspected abuse or fraud.
2.5. RF GURU strives to provide you with excellent service at all times. If you have any doubts about purchasing a product, our employees will be happy to assist you via email@example.com.
ARTICLE 3. APPLICABILITY
3.1. These General Terms and Conditions apply to every remote agreement concluded via the RF GURU Webshop between the Seller, hereinafter referred to as RF GURU, and on the other hand the Buyer or consumer Buyer. These General Terms and Conditions also apply to every offer from RF GURU and to all items on the RF GURU Webshop. Each offer is open to Buyers and Consumer Buyers residing within the European Union.
3.2. Placing an order on the RF GURU Webshop constitutes express acceptance of these General Terms and Conditions published on the Website. Acceptance of the General Terms and Conditions is necessary for placing an order. By placing an order, the Buyer declares to know and accept the Seller's General Terms and Conditions.
3.3. RF GURU always makes the text of the General Terms and Conditions available on the Website. Each user may save or print the General Terms and Conditions, but not modify them. The General terms and conditions that were included on the Website at that time apply to each order, to the exclusion of all older or newer provisions.
3.4. Deviation from one or more provisions in these General Terms and Conditions is only possible if this has been expressly agreed in writing. The other provisions of these conditions remain in full force in that case.
3.5. General Terms and Conditions that the Buyer uses are not applicable unless expressly agreed in writing by RF GURU.
3.6. RF GURU reserves the right to change the general terms and conditions without prior notice to the users. Further use of the Website will be considered an acceptance of the modified terms.
ARTICLE 4. OFFERS AND FORMATION OF AGREEMENTS
4.1. Offers are valid while stocks last.
4.2. A quote made out to a specific person is valid for thirty (30) days, unless a different term is stated in the quote.
4.3. An agreement is concluded at the moment an order confirmation is handed over to the Buyer, or in the case of an offer made via the RF GURU Webshop, is sent by e-mail to the e-mail address provided by the Buyer.
4.4. The Buyer and RF GURU expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the absence of a handwritten signature does not detract from the binding force of the offer and its acceptance. RF GURU's electronic files shall be deemed to be evidence, insofar as the law permits.
4.5. RF GURU reserves the right to change, interrupt, discontinue, or limit access to the content of the RF GURU Webshop at any time without prior notice to the user.
ARTICLE 5. PRICES
5.1. All prices are in Euros and include VAT, Recupel, BEBAT, and Reprobel, unless explicitly stated otherwise.
5.2. Special offers are only valid while stocks last.
5.3. The Buyer owes the price that RF GURU has communicated to them in accordance with Article 4 of these terms and conditions.
5.4. Delivery costs are clearly communicated to the Buyer. Certain payment methods have additional conditions regarding delivery methods and any costs. This will be clearly communicated to the Buyer.
ARTICLE 6. PAYMENT
6.1. The following payment methods are available for orders placed on the Website:
- Bank transfer
- Credit card (VISA, MasterCard)
- KBC Online / CBC Online
- Belfius Direct Net
6.2. RF GURU may expand or modify the payment options in the future. Other payment options will be announced via the RF GURU Webshop.
6.3. To ensure secure online payment and the security of your personal data, transaction data is transmitted over the internet using SSL technology. You do not need special software to pay with SSL. You can recognize a secure SSL connection by the "lock" icon in the lower status bar of your browser.
6.4. If a payment term has been agreed upon by RF GURU, the Buyer is in default by the mere expiry of this term. Payment terms can only be agreed upon in writing under then to be determined and agreed upon conditions.
6.5. If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. RF GURU is not a party to the relationship between the Buyer and the card issuer.
6.6. In case of total or partial non-timely payment, a flat-rate compensation of 10.00% of the invoice amount will be charged, with a minimum of 50.00 euros, and this for internal costs, court costs not included. Payments by the Customer will first be allocated to outstanding interest, including moratorium interest, and/or collection costs, and only then to the (oldest) outstanding debts to the Seller.
6.7. In the event of non-timely payment, RF GURU is authorized to immediately terminate the agreement or suspend (further) delivery until the Buyer has fully complied with the payment obligations, including payment of due interest and costs.
6.8. After ordering, the Buyer will receive a confirmation email with a summary of the order.
ARTICLE 7. DELIVERY
7.1. Orders will be delivered as quickly as possible. Unless otherwise specified, the maximum delivery time is thirty (30) days after receipt of the order, except for payment by bank transfer, where the maximum delivery time is thirty (30) days after receipt of payment. Except for a Consumer Buyer, the mentioned delivery time only applies as an indication, and therefore no rights can be derived from it.
7.2. It is possible that some products are temporarily out of stock. RF GURU cannot be held responsible for this, nor for any damage that may result from it. If a product that is not in stock is ordered by the Buyer, it will be indicated when the product is available again. RF GURU aims to report delays to the Buyer within one (1) working day by phone or email.
7.3. Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
ARTICLE 8. DEFECTS AND COMPLAINT PERIOD
8.1. The Buyer is obliged to inspect the products immediately upon receipt. Complaints from the Buyer relating to defects in the product or delivery that are visibly apparent must be communicated to RF GURU in writing within seven (7) days after delivery of the products.
8.2. The Buyer, who is not a Consumer Buyer, is not entitled to return the products for which there are no motivated complaints. If this is done without valid reasons, then all costs associated with the return shall be borne by the Buyer. RF GURU is then free to store the products at the expense and risk of the Buyer with third parties and, at the request and expense of the Buyer, return them to the Buyer.
ARTICLE 9. RIGHT OF WITHDRAWAL
9.1. In accordance with articles VI.47-52 of the Economic Law Code, only the Consumer Buyer has a period of fourteen (14) calendar days to withdraw from the contract without giving any reasons and at no cost. The Consumer Buyer shall inform RF GURU of his intention to withdraw within this period of fourteen (14) calendar days. The Consumer Buyer may then return the product by post within the fourteen (14) calendar days. All accompanying documentation, warranty certificates, and packaging materials must be included with the return shipment. The product, along with the return form, must be sent to the following return address: RF GURU, Koeweideblock 2/C10, 1785 Merchtem.
9.2. This right of withdrawal does not apply to software, CD-ROMs, or other comparable products whose seal has been broken or software for which a binding product registration has been carried out.
9.3. The product must be returned to RF GURU in the condition in which the Consumer Buyer received it, stating his bank account number. The costs for returning the product are borne by the Consumer Buyer.
9.4. If the Consumer Buyer has exercised the right of withdrawal as mentioned in the first paragraph of this article, RF GURU will reimburse the amount paid by the Consumer Buyer to RF GURU within thirty (30) days by means of a bank transfer to the account number that RF GURU has received from the Consumer Buyer for this purpose.
9.5. RF GURU is never liable for any damage - including theft or loss - that occurs during return shipment to the packaging or product.
9.6. In accordance with Article VI.53 of the Economic Law Code, the Consumer Buyer cannot exercise the right of withdrawal for agreements concerning the delivery of products that have been manufactured according to the specifications of the Consumer Buyer or that have a clear personal character or that cannot be returned due to their nature or that can quickly deteriorate or age.
9.7. If the product is not received in accordance with the conditions of the right of withdrawal, the purchase price will not be refunded. The product remains the property of the Buyer who is obliged to collect his property within two (2) weeks. At the request of the Buyer, the product can also be delivered.
ARTICLE 10. RETENTION OF TITLE
10.1. Ownership of a product shall only pass to the Buyer, despite the actual delivery, after the Buyer has fully paid the amount due for that product, including interest and costs.
10.2. The Buyer may not burden, sell, resell, dispose of, or otherwise encumber the products before ownership has passed.
ARTICLE 11. WARRANTY AND LIABILITY
11.1. In principle, the warranty period for products delivered and manufactured by RF GURU is two (2) years. The warranty only covers possible construction defects. Faults or defects resulting from extreme usage circumstances are (due to the uncontrollable nature) not covered. This includes, but is not restricted to, defects of electrical nature, like those caused by induction or lightning and faults of a mechanical nature, like damage resulting from wrong installation or falling or extreme weather conditions. If the delivered item does not conform to the agreement, the Buyer must notify RF GURU within a period of two (2) months after discovery. Consumer Buyers are entitled to the rights as included in articles 1649bis up to and including 1649octies of the Civil Code.
11.2. If RF GURU is obliged to compensate any damage to a Buyer who is not a Consumer Buyer for any reason, then that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
11.3. Notwithstanding the provisions of this article, there can be no warranty in the following cases:
- If wear and tear can be considered normal;
- If changes have been made to or to the product, including repairs not authorized by RF GURU;
- If the original invoice cannot be presented, has been altered or made illegible;
- If defects are the result of non-corresponding use or improper use;
- If damage has been caused by intent, gross negligence or neglectful maintenance.
11.4. The Buyer who is not a Consumer Buyer is obliged to indemnify RF GURU against any claim that third parties may make against RF GURU with regard to the performance of the agreement (e.g. consequential damages), to the extent that the law does not preclude that the relevant damage and costs should be borne by the Buyer.
11.5. RF GURU is under no circumstances liable for the proper operation of the delivered goods and services.
11.6. RF GURU is not liable for the installation of devices and/or incorrect purchases of devices that are, for example, not suitable for the spaces where they are placed or for the purposes for which they are purchased. The Buyer or Consumer Buyer is always free to seek advice from RF GURU regarding certain products.
11.7. It is possible that RF GURU includes links on its Webshop to other external websites that may be of interest or informative to the visitor. Such links are for information purposes only. RF GURU is not responsible for the content of the external website referred to or its use.
11.8. When investigation costs are incurred for determining a defect of the product or component of the product, which is excluded from warranty, and these costs prove to be excluded from warranty under this article, these costs are always at the expense of the Buyer. RF GURU strives to make this known in advance. The failure to make this notification does not release the Buyer from the obligation to pay these costs.
11.9. When repairing a defect is associated with costs and this repair turns out to be excluded from warranty under this article, the Buyer will be notified of this. If the Buyer does not expressly agree in writing to the cost estimate, he may receive his property back upon payment of the investigation costs. If the Buyer has not paid these investigation costs six (6) months after the cost estimate has been submitted, ownership of the product will be forfeited to RF GURU.
11.10. A reduced warranty may apply to used, second-hand or demonstration models.
11.11. Both the Buyer and Consumer Buyer are responsible for the installation of the purchased products themselves.
ARTICLE 12. FORCE MAJEURE
12.1. In the event of force majeure, RF GURU is not obliged to fulfill its obligations to the other party. RF GURU is entitled to suspend its obligations for the duration of the force majeure.
12.2. Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations to the other party in whole or in part. These circumstances include, but are not limited to, strikes, fire, business disruptions, power outages, disruptions in a (telecommunications) network or connection or used communication systems and/or the Website not being available at any time, non or untimely delivery of suppliers or other third parties engaged, and the absence of any permit that can be obtained through government channels.
ARTICLE 13. INTELLECTUAL PROPERTY
13.1. The Buyer expressly acknowledges that all intellectual property rights relating to the products and/or the RF GURU Webshop's displayed information, communications, or other expressions belong to RF GURU, its suppliers, or other rightful claimants.
13.2. Intellectual property rights include patent, copyright, trademark, design, and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods, and concepts, whether or not patentable.
13.3. The Buyer is prohibited from using and/or modifying the intellectual property rights described in this article, such as reproduction without the express prior written consent of RF GURU, its suppliers, or other rightful claimants, unless it is solely for private use of the product itself.
ARTICLE 14. APPLICABLE LAW AND COMPETENT COURT
14.1. Belgian law applies exclusively to all offers and agreements, with the exclusion of the principles of conflicts of law.
14.2. The application of the Vienna Sales Convention is explicitly excluded.
14.3. In the event of a dispute, at the choice of the plaintiff, the defendant's domicile or the courts of Brussels are competent.
ARTICLE 15. DISPUTE SETTLEMENT
15.1. ODR-platform (Online Dispute Resolution)
15.1.1. The Consumer Buyer has the option to file a complaint online regarding products purchased online on the Webshop. To do so, the Consumer Buyer can use the ODR platform (Online Dispute Resolution). Via this link, the Consumer Buyer can access the platform.
15.1.2. Once the Consumer Buyer has completed and submitted the complaint form on the ODR platform, RF GURU receives the form. RF GURU and the Consumer Buyer must then make a choice within thirty (30) days regarding which dispute resolution body will handle the dispute.
15.1.3. If an agreement is reached on the choice of the dispute resolution body, the complaint information is automatically sent to that body. If the parties do not agree, the complaint will not be processed further.
15.1.4. Once the dispute has been referred to the selected dispute resolution body, that body will inform the Consumer Buyer within three (3) weeks whether it has jurisdiction over the dispute.
15.1.5. The procedure via the dispute resolution body takes a maximum of ninety (90) days. Once the procedure is completed, the dispute resolution body communicates the result to the parties.
15.2. With regard to complaints about RF GURU's services, the Consumer Buyer can also always contact the Consumer Ombudsman via this link.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1. The invalidity of one or more clauses of these terms and/or one or more clauses of the sales agreement shall in no case result in the invalidity of the other clauses, nor of the agreement.
16.2. What is not expressly provided in these sales conditions is governed by the provisions of Belgian law.
Safe Use of RF GURU BALUN, LINE ISOLATOR, RF TRANSFORMER and FERRITE products
- RF GURU products must be used, uniquely and only in amateur radio antenna set-ups.
- RF GURU products must be used, uniquely and only in fire-safe and explosion-safe outdoor locations.
- RF GURU products must be mechanically secured in place, in order to prevent them from falling on persons, animals or properties.
- RF GURU products must be installed so that the antenna terminals cannot be touched by persons and animals.
- RF GURU products must be installed by technical skilled persons. (i.e. licensed radio amateurs). By the fact that radio amateurs must pass a technical exam in order to obtain a radio license, they are considered technical skilled persons.
- Users and installers are expected to have read, prior to installation, the product specific technical specifications, installation notes and recommendations as well as the safety warnings / cautions , supplied in printing with each product.
- An electronic copy of the product documentation can be requested by E-mail from RF GURU at all times.
- The technical documentation is available in English. Radio amateurs (communicating worldwide) are expected to understand the English language.
- Regarding Product Regulatory Compliance, RF GURU products are CE certified. That means that they are intended for sale, use and circulation within the CE recognising EU countries only.
- Persons or companies that re-sell RF GURU products in other countries than the CE recognising EU countries, do this on their own and full responsibility.
- The specifications and information regarding the RF GURU products are subject to changes without prior notice.
- All statements, information, recommendations and warnings are deemed to be accurate, but are given without any warranty.
- Users must take the full responsibility for the application and use of the product. Users declare to be fully informed by the seller about the application conditions as well as the conditions for use of the products supplied. Therefore only the buyer (customer) is responsible for the consequences of wrong application of any kind, and accepts the risks associated. As a result, the seller (RF GURU) does not accept any claim for damage, directly or indirectly, nor does he accept any claim for consequential damages, should they occur.
RF GURU warrants only to the original purchaser of the product that the product purchased will be free of defects in materials and workmanship, provided it was installed correctly and deployed under normal use and service for which the product was designed. The warranty extends for a period of 24 months from the date of purchase of the product by the customer. Customer’s exclusive remedy under this Limited Warranty shall be the repair or replacement, at RF GURU’s sole option, of the product, or any part of the product, determined by RF GURU to be defective.
This Limited Warranty does not extend to any product damaged by reason of alteration, accident, abuse, neglect or misuse or inadequate handling, improper or inadequate wiring ; installation, operation or use of the product, not in strict accordance with the specifications and written instructions provided; use of the product for any purpose other than those for which it was designed; ordinary wear and tear; disaster; unauthorized attachments, alterations or modifications to the product; the misuse or failure of any item or equipment connected to the product; improper maintenance or repair of the product; or any other reason or event.
RF GURU HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY FOR ANY DEFECTIVE PRODUCT WILL BE AS STATED ABOVE, AND IN NO EVENT WILL RF GURU BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THE PRODUCT.
This Limited Warranty shall be void if the customer fails to comply with all of the terms set forth in this Limited Warranty. This Limited Warranty is the sole warranty offered by RF GURU with respect to the product. RF GURU does not assume any other liability in connection with the sale of the product. No warranty applies to any party other than the original customer.
RF GURU and its directors, officers, employees, subsidiaries and affiliates shall not be liable for any damages arising from any loss of equipment, loss or distortion of data, loss of time, loss or destruction of software or other property, loss of production or profits, overhead costs, claims of third parties, labor or materials, penalties or liquidated damages or punitive damages, whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict liability or other legal theory, or other losses or expenses incurred by the customer or any third party.
The customer shall prepay shipping charges for products returned to RF GURU for warranty or service and RF GURU shall pay for return of products to the customer by ground transportation.
Product Regulatory Compliance.
RF GURU Ferrite Products are CE Certified Unlike many BALUN / UNUN products, our products are fully CE compliant, certified and labelled as required by European regulations, in order to allow legal sales, use, and free circulation on the EU market.
Demonstrated and documented compliance with the applicable EU Directives. Directives considered: Low Voltage Directive, General Product Safety Directive, EMC Directive, RED Directive, RoHS Directive, REACH Directive, WEEE Directive.
Products are CE marked.
Declaration of Conformity, Notified Body Statement of Opinion, and Technical Construction File are available on request, for Authorities having Competent Jurisdiction.
Remark: For other countries outside the CE marking EU area, please consider and check whether CE compliance is acceptable and recognized in your country.