General Terms and Conditions QiPay

Resillion Belgium, a public limited liability company organized and existing under Belgian law, with registered office at 3500 Hasselt (Belgium), Kempische Steenweg 303 PO Box 100 and registered with the Crossroads Bank of Enterprises under number 0471.560.055 (hereinafter referred to as “Resillion Belgium”) is a company specialized in digital testing tools and services.

Resillion Belgium can be contacted via [email protected] or +32 11 303 600.

The customer can be any natural or legal person who enters into a contractual relationship of any kind with Resillion Belgium within the scope of its commercial, business or professional activity (hereinafter referred to as the “Customer”) via [https://qipay.resillion.com/] (hereinafter referred to as the “Webshop”).

CLAUSE 1 Applicability

1.1 Save as explicitly agreed otherwise in writing, these general terms and conditions shall apply to all purchases and orders made via the Webshop.

1.2 Placing an order on the Webshop implies full knowledge and unconditional acceptance of Resillion Belgium’s general terms and conditions.

1.3 Resillion Belgium reserves the right to revise these general terms and conditions at any time. The revised terms and conditions will apply to any agreement entered into thereafter but will in no event affect orders which have already been confirmed by Resillion Belgium.

1.4 The application of Resillion Belgium’s general terms and conditions precludes the application of any (general or special) terms and conditions of the Customer.

CLAUSE 2 Orders

2.1 The Webshop contains a description as accurate as possible of the services offered to enable the Customer to place a well-informed order. Certain non-substantial characteristics of a service may on delivery differ from the descriptions as displayed on the Webshop.

2.2 Resillion Belgium is not bound by descriptions of services which are clearly affected by an error or mistake, such as but not limited to obvious errors in the quotation.

2.3 Resillion Belgium may periodically change the services available on the Webshop and does not undertake to continue to supply any particular service or type of service. Orders can only be processed if the Customer clearly identifies itself by filling in its name, company name, company number, company address and invoice details in the contact form. The information must always be up to date and truthful.

CLAUSE 3 Agreement

3.1 To enter into an agreement with Resillion Belgium through the Webshop, the following steps must be taken:

• the Customer must be a member of the Wireless Power Consortium (WPC) and will need to create an online product application through the WPC’s registration system to initiate the process. When this product application is created the Customer can click on the respective “Pay for interop testing” button via which the Customer will be redirected to the Payments Page;
• the Customer will be shown a product/services overview and price;
• the Customer must then fill in the address and billing details requested in the contact form;
• once the Customer has filled in the required details, the Customer must select the desired method of payment;
• the Customer must then confirm that he/she is aware of and accepts the general terms and conditions, which are presented to him/her in PDF format with the possibility of downloading and saving them;
• • the Customer will be redirected to the website of Stripe (in case the payment is made via AliPay or credit card) or to the website of PAYPAL (in case the payment is made via PayPal) who will handle the payment;
• once Resillion Belgium receives the payment, Resillion Belgium will confirm the order by email to the email address provided by the Customer at which point a binding agreement between the Customer and Resillion Belgium is established.

3.2 Resillion Belgium and the Customer expressly agree that a binding agreement may be concluded by electronic means. The absence of a signature does not affect the binding force of the offer and its acceptance. Resillion Belgium’s electronic records will serve as proof in this respect, in so far as permitted by law.

CLAUSE 4 Prices

4.1 The prices as shown on the Webshop are VAT-exclusive.

4.2 With the exception of when having selected AliPay as the preferred payment method, the prices are expressed in US Dollar.

In case AliPay has been selected, the shown US Dollar fee will be converted to the respective fee in EURO currency following the current conversion rate.

4.3 Save in the event of errors, the price will be charged as stated at the time of the order. In the event of an error in the quotation, Resillion Belgium will inform the Customer by email as soon as possible upon confirmation of the order. Where applicable, the Customer will have a choice to either accept the new (correct) price or cancel the order and receive reimbursement of the price that is already paid. In the absence of reply from the Customer within a period of 7 (seven) days upon notification, the order will automatically be cancelled.

CLAUSE 5 Payment

5.1 Unless agreed otherwise in writing, the invoices of Resillion Belgium will be payable immediately by means of a wire transfer to the bank account of Resillion Belgium.

5.2 Payment must be made in accordance with one of the following payment methods (stating any costs associated with their use):

• PayPal
• AliPay
• Visa
• MasterCard
• American Express
• China UnionPay (CUP)
• Discover & Diners
• Japan Credit Bureau (JCB)
• Cartes Bancaire

The general terms and conditions of the payment service provider ‘Stripe’ (in case the payment is made via AliPay) or ‘PAYPAL’ (in case the payment is made via PayPal) shall apply to the payment. If a credit card payment method is chosen, it is subject to the conditions of the card issuer.

CLAUSE 6 Delivery

6.1 The date of delivery as specified by Resillion Belgium is indicative. Delays in delivery shall, as the case may be, not give rise to any right to compensation on the part of the Customer, nor to a right to terminate the agreement with Resillion Belgium.

6.2 In order to enable Resillion Belgium to commence the provision of services, the Customer is required to send the underlying product (that has to be tested) at its own expense to the following address:

Room 706, 7th Floor, Building 8, Qiugu,
Meisheng Huigu Science and Technology Park,
No.83 Dabao Road, Bao’an District,
Shenzhen, China

Once Resillion Belgium receives the product at the address above, the provision of services and the term of delivery shall commence.

6.3 Insofar as the underlying product is not included in the ‘test bed’ of Resillion Belgium, as indicated by Resillion Belgium, and only upon the express written request of the Customer, Resillion Belgium shall return the underlying product to the Customer at the address specified by the Customer. All costs related to the shipment and delivery will be entirely at the expense of the Customer.

6.4 The risk for loss or damages pertaining to the products during delivery and/or shipment will always be for the Customer.

CLAUSE 7 Warranty and complaints

7.1 Resillion Belgium guarantees to deliver services that materially correspond to the description and the specifications as mentioned on the Webshop.

7.2 Upon receipt of the services, the Customer has to inspect the services immediately.

7.3 All complaints relating to the services provided by Resillion Belgium should be immediately given in writing to Resillion Belgium, and at the latest 8 (eight) days after delivery.

7.4 In the event of a defect in the service, Resillion Belgium shall either replace or correct the relevant service free of charge, or either pay a refund of the payment made for the defective service, at its discretion, without the right to any further compensation for the Customer.

7.5 Resillion Belgium shall not be responsible for any defect, where such defect relates to matters not due to Resillion Belgium, including but not limited to any defect caused by the Customer.

7.6 The Customer is obliged to enable Resillion Belgium to investigate the complaint and must therefore provide full cooperation.

CLAUSE 8 Data protection

8.1 Resillion Belgium shall process all personal data it receives from the Customer in accordance with the obligations relating to the processing of personal data, including the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and the free movement of such data.

8.2 Resillion Belgium shall process the Customer’s personal data in order to fulfil its contractual obligations towards the Customer and to comply with legal and regulatory requirements, as well as to continue to improve the quality of the products and services of Resillion Belgium.

8.3 If the Customer requires more information regarding the processing of personal data by Resillion Belgium, it can contact Resillion Belgium via e-mail ([email protected]) or consult the privacy statement of Resillion Belgium on its website (https://www.resillion.com/privacy-policy/.

CLAUSE 9 Intellectual property rights

9.1 Resillion Belgium reserves all intellectual property rights on the Webshop itself and on all its components, including but not limited to all texts, illustrations, lay-out, data, software, names, trademarks, labels and logos, whether or not registered.

9.2 Neither the Webshop itself nor the information offered on the Webshop may be stored, reproduced, modified, published, distributed, transmitted, sold, transferred to third parties or used in any form or manner without the prior written consent of Resillion Belgium.

CLAUSE 10 Force majeure

10.1 Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to a force majeure event. The concerning party shall inform the other party in such case within a period of 5 (five) days after the commencement of the force majeure event. A force majeure event is any cause beyond the reasonable control of such party that prevents that party from performing under the agreement, temporarily or permanently, even if the cause was foreseeable. Without being exhaustive, a force majeure event includes: third party delays, defective machines, strike, lockout, fire, uprising, war, epidemic, flood, electrical failures and government related decisions.

10.2 In case of a force majeure event, the performance of obligations of the affected party is suspended. Both parties will use best efforts to limit the consequences of the force majeure event. In the event either party is unable to resume performance of the applicable obligations within 30 (thirty) days of providing notice of a force majeure event, the other party may terminate the agreement immediately, without compensation.

CLAUSE 11 Liability

11.1 Except in case of wilful intent or gross negligence, Resillion Belgium shall not be liable for immaterial, indirect or consequential damages, including but not limited to loss of profit or turnover, business interruption, loss of income, loss of customers, or any other form of damages.

11.2 Resillion Belgium shall neither be liable for damages caused by errors due to the Customer, force majeure events or third parties.

11.3 The total liability of Resillion Belgium for direct damages will in any case be limited to the amount (excluding VAT) that was paid by the Customer for the related order.

11.4 Nothing in this Clause 11 shall limit or exclude any liability for death or personal injury resulting from negligence.

CLAUSE 12 Assignment

12.1 The Customer hereby agrees that Resillion Belgium may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.

12.2 The Customer may not without Resillion Belgium’s prior written consent assign, transfer, sub-contract or otherwise deal with any of its rights and/or obligations under these terms and conditions.

CLAUSE 13 No waivers

13.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

13.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

CLAUSE 14 Severability

14.1 If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, then such provision or part of it shall be deemed not to form part of these terms and conditions, and the legality, validity or enforceability of the remainder of these terms and conditions shall not be affected. If applicable, parties shall negotiate in good faith in order to replace the concerning provision with an enforceable, legal and valid provision that is as close as possible to the intention of the original provision.

CLAUSE 15 Governing law and jurisdiction

15.1 These general terms and conditions shall be governed by and construed in accordance with the laws of Belgium.

15.2 The courts of Hasselt shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions.