This version is in effect since 16/06/2014
Article 1 – Definitions
“Customer”: any person or legal entity who buys a Product and/or places an Order through the Website, whether or not on behalf of another person or legal entity.
“Customer – Consumer”: each Customer who is a natural person and who is not acting in the exercise of its profession or business.
“Customer – Trader”: each Customer who acts in exercise of its (independent) professional or commercial activity.
“General Conditions”: the present general terms and conditions of sale.
“Order”: any order of a Product through the Website.
“Order Confirmation”: the Seller’s verification of availability and confirmation of the Customer’s Order, by e-mail.
“Parties” or “Party”: the Seller and the Customer, or either one of them.
“Products”: the products sold by the Seller through the Website.
“Seller”: the limited company under Belgian law ID Trust Medical, registered at the Crossroads Bank (“Banque Carrefour des entreprises/Kruispuntbank”) under the number 0889.718.543 (VAT BE 0889.718.543), RPR Leuven, whose head offices are located at 3000 Leuven (Belgium), Diestsevest 43/0001.
“Website”: the website of the Seller available on www.ID-Trust-Medical.eu.
Article 2 – Object and scope of application
The General Conditions define the rights and obligations of the parties within the context of the Products at the Website.
The General Conditions are concluded between the Seller and its Customers. In the event that the General Conditions are different in so much as it relates to the quality of the Customer, such a difference would be expressly stated.
The Parties agree that their relations shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously available at the Website. The Seller rejects all other provisions and conditions (including those of the Customer), only with the exception of terms and conditions that the Seller expressly signs as agreed.
Any Order of a Product proposed at the Website (hereinafter the “Order”), implies the prior consultation and express agreement to the present General Conditions by the Customer. However, this agreement is not conditioned by a handwritten signature from the Customer. Pursuant to the provisions of the 9 July 2001 Act fixing certain rules concerning the legal frame for electronic signatures and certification services, it is hereby reminded that the Order form validation, according to the provisions of Article 5 of the General Conditions, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes the proof of the entire Order and of the payability of the amounts due for this Order.
By ordering a Product through the Website, the Customer represents to possess full legal capacity. Any person, who is incompetent in the sense of Articles 1123 and following of the Belgian Civil Code, may not, under any circumstances, buy at the Website, or must do it through the intermediary and under the responsibility of his legal representative, identified in the way described in Article 2 of the present General Conditions. This legal representative must respect the present General Conditions.
These General Conditions shall not prejudice the statutory rights granted to the Customer – Consumer under applicable national legislation concerning consumer protection.
The present General Conditions are subject to amendments at any time. It is important that the Customer reads them on a regular basis. Each version is specifically dated. Orders are therefore governed by the online General Conditions in effect at the time Orders are placed.
Article 3 – Registration
The Customer can create an account on the Website by following the registration procedure described at the Website. However, such registration is not required with regard to the purchase of Products through the Website. This registration procedure implies the obligation for the Customer to identify himself by giving a username (his e-mail address) and a password.
The username and passwords are personal and confidential. The Seller declines any liability in case of abusive use of a Customer’s username or password.
The Seller reserves the right to exclude, at any time, a Customer, for instance in case of frequent, abnormal and/or abusive returns. The Customer shall be informed of his exclusion by an e-mail sent to the address indicated at the time of his registration.
Article 4 – Products description and availability
The Products proposed for trade are those figuring at the Website with a description of their essential characteristics, at the time and day of the Website consultation by the Customer. The Seller implements all reasonable means to display at the Website the Products availability in real time, but shall in no circumstances be liable if a Product were to be unavailable to honour the Customer’s Order. In case of the unavailability of one of the ordered Products, the Customers shall be informed and shall have the choice to either modify his Order or cancel it. In this case, he shall be reimbursed of the amount of his Order if payment was already made.
Offers of the Seller hold no obligations or commitments on the part of the Seller and can be withdrawn by the Seller at any time.
The Seller takes great effort to ensure that Product information such as specifications and images on the Website are as accurate as possible. However, this information is to be used as references only. The photos, legends and other descriptive elements illustrating the Products are merely for informative purposes.
The Seller takes no responsibility for any misrepresentation due to errors or omissions however communicated. In fulfilling any Order, the Seller holds the right to have minor deviations as related to the descriptions found on the Website regarding the characteristics of the material, the colour, weight, measurements, manufacturing or similar properties as far as they reasonably match the expectations of the Customer.
All Products offered by the Seller legally conform to Belgian law. Foreign Customers should always consult the laws in their own country if they doubt the legality of their purchase in their own country.
The Seller cannot under any circumstances be held liable if the Products offered are used in an incorrect, irresponsible or illegal manner by the Customer, nor for material or physical damage to third parties caused by incorrect, irresponsible or illegal use of the articles on this Website.
The Seller reserves the right to make changes or additions to the Products following new technical development, economic conditions, non – availability in the market or if the Seller wants to change the composition, structure or construction of the Products.
Article 5 – Purchase Price and Preparation and Delivery Costs
5.1. Product Purchase Price
The prices of Products are those which apply at the time of Customer’s Order. Shipping or handling costs, transport insurance, duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law will be charged in addition to the applicable Product price and will be indicated to the Customer prior to placing the Order on the Website and will also be set out in the invoice sent to the Customer by e-mail.
The Customer has to pay shipping and handling, which may depend on Order value and the delivery location, as well as the chosen delivery mode.
The prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax.
The Customer can consult the amount of the costs for shipping and handling at the Website by clicking on the “cart”, where the total amount corresponding to the Products purchase price and to the costs is displayed.
The Seller reserves the right to modify its prices at any time, but Products shall be invoiced on the basis of the purchase price in force at the time of the order validation, depending on availability.
5.2. Customs Duties
In the event any customs duties are applicable, the Customer shall be responsible for paying such customs duties as well as for taking care of possibly related administrative paperwork. Such fees cannot be determined beforehand which means the Seller cannot provide the Customer with further information on the amount of such taxes and fees.
The Seller is obliged to charge VAT. The Customer – Consumer is always VAT liable. When invoicing to a Customer – Trader (with a VAT number), the Seller does not add VAT as at that moment VAT is due by the Customer – Trader in his state. For this reason, the Seller asks for the VAT identification number of the Customer – Trader, to confirm whether it is he who must charge the VAT or whether the Customer – Trader himself will account for the VAT. To make an intra-community supply without charging VAT, Seller ensures that the Customer – Trader to whom supplying the goods is a taxable person in another member state, and that the goods in question will leave Belgium to another member state. VAT-number shall also be in the invoice.
Article 6 – Order modalities
To order, the Customer must fill in the order form available at the Website, where he shall indicate the details necessary to his identification, such as his surname, first name and delivery address. The Seller shall not be held liable for the communication of inaccurate details. After having filled in the order form, the Customer shall be invited to finalize the Order process, by clicking on “Proceed to payment”, by which the Customer declares fully accepting and without reserves the whole present General Conditions, validates definitively his Order and commits to pay the whole due amount, i.e. the Purchase Price plus the costs.
Any agreement is dependent and conditional upon the Order Confirmation. The Seller shall confirm each Order by sending an e-mail to the Customer on the Address indicated by the Customer when he registered. This Order Confirmation shall mention among other things, the Order date, the Product(s) ordered, the Purchase Price with the costs, as well as the delivery address and specifications. The data recorded by the Seller, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.
The Seller reserves the right to refuse or cancel any Order or delivery in case of (i) an existing dispute with the Customer, (ii) partial or total non-payment of a previous Order or (iii) credit card payment authorization refused by the banking institutions. In this case, the Seller’s liability shall not, under any circumstances, be engaged.
After having ordered, the Customer may, at any time, as long as the preparation for delivery of the ordered Product(s) has not started, cancel his Order, by accessing the menu “my Orders” and by clicking on “Cancel”. The Order shall then be immediately cancelled. The payment request shall be cancelled if the payment has not been made yet, or the Customer shall be reimbursed of the whole purchase price and the costs if the payment has already been made. After delivery of the Product(s), the Customer shall not be entitled to cancel his Order anymore, but shall be able to use his cancellation right, according to the conditions stipulated in Article 8 of the present General Conditions.
Article 7 – Modalities of payment – Retention of title
Payment will be carried out according to the Customer’s choice of payment method, indicated on the Website (e.g. direct debit, credit card). In case the Customer chooses for a credit card, he needs to indicate the name appearing on his credit card, the card number, its expiry date and the control number. Some issuing banking institutions may request an additional signature, such as a digipass. The payment validity is confirmed or not after verification with the issuing banking institution. If the payment is confirmed, the withdrawal takes place, after the invoicing of the Order, according to the methods agreed with the card issuing bank.
All online payments are processed for the Seller by external professional and specialized partners who control a payment infrastructure. The Seller has no access to the confidential financial information of the Customer. The online payments are executed through safety protocols. All online payments are subjected to the general terms and conditions of the external partner of the payment infrastructure who is the sole responsible for the correct processing of all online payments.
Title to the Product(s) shall remain with the Seller until full payment of the purchase price and costs indicated at the time of the Order.
The Customer shall not be entitled to resell the Products delivered by the Seller which are under retention of title, except with prior written consent of the Seller. The Customer hereby assigns to the Seller any receivables arising from any authorized resale in an amount not exceeding the purchase price (including the costs) payable for the Product by the Customer to the Seller. The Seller hereby authorizes the Customer to collect any receivables so assigned to him in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.
Article 8 – Delivery/Shipment
The delivery is carried out by the Seller or any third party appointed by the Seller after receipt of the payment from the Customer. Products are sent to the address given on the Order form by the Customer. The delivery person shall go to this address between 8 AM and 6 PM during weekdays, and shall hand over the parcel(s) to the addressee or any other person present at the address, in which case the obligation to deliver shall be considered as fulfilled. In case of absence, a notice shall be left in the mailbox of the designated address. It is up to the Customer to contact the delivery person to agree on a new delivery date. If the Customer does not organize a new delivery within 3 weeks from the Order Confirmation, or if he is absent at the time of the new delivery, the Order shall automatically be returned to the Seller, who shall contact the Customer in order to organize the Order delivery. In this case, additional costs may be charged to the Customer.
Should the delivery address differ from the invoice address, the Customer is to give both addresses on the Order form and the Products will be shipped to the delivery address specifically indicated on the form.
The Customer has to pay standard shipping costs which may depend on Order value, and where it is shipped to.
The Customer should check with the local authorities of his/her geographical residence about the entry conditions for the Products. It is the Customer’s responsibility to make the necessary declaration(s) and/or payment(s) to the appropriate authorities and or officials in his or her respective country.
The Customer should inquire at local authorities on the legalities of importing or using the Products.
The Seller cannot be held liable if the Customer does not respect the legislation of the country in which the items will be introduced. The Customer shall indemnify and hold the Seller harmless from and against any and all losses in connection with any and all claims that may be brought or instituted against the Seller based on or arising out of the failure of the Customer to respect the legislation of the country in which the items will be introduced.
The risk of accidental destruction, damage or loss of the delivered Product shall pass to the Customer – Consumer upon delivery of the Product to the Customer – Consumer or upon the Customer – Consumer’s default of acceptance. In case of delivery to a Customer – Trader, such risk shall pass to the Customer – Trader upon delivery of the Product by the Seller to the first carrier.
Article 9 – Right of Cancellation
When purchasing Products on the Website, the Customer – Consumer has the possibility to inform the Seller to cancel the sale, without penalty or indication of reasons, during a period of 14 days. This period commences on the day after the Product was delivered to or received on behalf of the Customer – Consumer.
If the Customer – Consumer wishes to exercise his right of cancellation, he is obliged to inform the Seller hereof, before returning the Product, by sending the Seller an unambiguous declaration (e.g. by e-mail, fax or letter) stating that he wants to cancel the sale, Hereto, the Customer – Consumer can use the modelform, provided by the Seller, but this is not required.
During this period of 14 days the Customer – Consumer will treat the Product and its packaging with care. He will only unpack or use the Product as far as necessary in order to be able to assess whether he wishes to retain the Product. If he wishes to exercise his right of cancellation, then he will return the Product:
- with all associated accessories;
- with any original labels still attached:
- with the relevant return documents
- and – in as far as this is reasonably possible – in the original state and packaging;
in accordance with the reasonable and clear instructions that were provided by the Seller.
9.3. Consequences of the cancellation
The Seller will refund all payments, including delivery costs, made by the Customer – Consumer with regard to the purchase until the date of execution of the right of cancellation by the Customer – Consumer, no later than 14 days after the Seller has been informed of the execution of the right of cancellation by the Customer – Consumer. Such refund shall not include any extra costs related to the chosen delivery mode, which differs from the cheapest standard delivery mode, offered by the Seller. The refund will be made with the same payment method as used by the Customer – Consumer for the initial transaction, unless agreed otherwise by the Customer – Consumer. In any case, there will be no additional costs charged to the Customer – Consumer for such refund.
Notwithstanding the foregoing, the Seller is entitled to withhold the refund of the payments until the first of the following moments (1) the date the Products are returned and received by the Seller or (2) the date on which the consumer proofs that he has returned the Products within the period as mentioned hereafter. In order to facilitate the proof of this return, the Seller advises the Customer – Consumer to keep the copy of the shipping label validated by the shipping company that provides the specific date of his/her delivery.
The Product should be returned to the Seller within 14 days following the day on which the Seller was informed of the execution of the right of cancellation by the Customer – Consumer.
If a Customer – Consumer exercises his right of cancellation, he shall be responsible for the direct costs related to the return of the Products.
The Customer – Consumer shall only be liable for all damages to and deterioration of the Products, which are caused by the use of the Products by the Customer – Consumer in another way than necessary to determine the nature, features and functioning of the Products.
The Seller warrants that the Products delivered are fit for ordinary use and dispose of a quality that is customary for products of a similar kind and that the Customer can reasonably expect of this kind of goods. Customary or minor or technically unavoidable deviations in quality, colour, size, weight, equipment or design do not constitute defects.
10.2. Visible Defects
The Customer is bound to check the condition of delivery on the moment the Products are received. Complaints regarding visible faults or non-conformity of the supplied Products must be filed to the Seller, by registered letter with acknowledgement of receipt, at the latest within 48 hours after receipt of the Products, under clear and elaborate specification of the deficiency.
10.3.Customer – Trader Warranty
With regard to Customer – Traders only, the following shall apply:
Unless otherwise agreed, the Customer shall provide, under clear and elaborate specification of the deficiency, within 48 hours of discovering hidden defects and no later than six months from the date of delivery.
10.4. Customer – Consumer Warranty
The legal 2-year period warranty is applicable for all Customer – Consumers as from the delivery date of the Products.
This warranty only covers any non-conformity between the ordered and the delivered Products that existed at the delivery date. As a result, are e.g. excluded from this warranty:
- all damages caused directly or indirectly to the Products after the delivery at the delivery address (e.g. by moisture, shocks, fall, unusual or exceptional use, burdening or wear and tear,…);
- faults of which the Customer – Consumer was aware on the moment of the Order and/or pick-up;
- damages caused by a wrong use of the Products;
- spare parts or accessories which have to be replaced on a regular basis or which have a short life cycle in their nature (e.g. lamps,…);
- faults caused by fire, water, lightning, accidents, natural disasters;
- faults caused by intention, negligence or a no judicious treatment, bad maintenance or abnormal use or a use of the Product contrary to the instructions of the Seller or manufacturer.
The warranty ends if the Products have already been repaired by a third party or if the Products are resold or not affected for private use. The Seller does not provide any additional commercial warranties.
10.5. Repair of defect
In the event of a defect of the delivered Product, within aforementioned periods, the Customer shall be entitled to request from the Seller (1) the repair of the Product, (2) to supply another product (as ordered) which is free from defects or (3) a refund equal to the purchase price of the defective product; provided, however, that the Seller shall have the right to choose between any such remedies at its own discretion. Such choice shall be made by the Seller by written notice (ie. “text form“, including by e-mail) within a period of five business days following receipt of the Customer’s notice of the defect.
For any request for or question about information, the Customer may contact the Seller Customers Relations Service, under the heading “Contact us”.
Article 11 – Procedures for returns (other than right of cancellation)
In the event of a defect of the delivered Product, within aforementioned periods, the Customer can be given the right to return the Products so that they can be repaired under warranty (as defined under article 8.3 for Customer – Traders and article 8.4 for Customer – Consumers) on his/her behalf.
Where the Customer wishes to make a return, he needs to provide the following details via e-mail:
- Customer’s name;
- Order number;
- reason for return; and
- whether the Customer wishes a replacement or refund.
The Seller will then contact the Customer to outline the next steps. Products may only be returned when specifically asked for by the Seller.
If the return is made for an illegitimate reason, the item may be rejected and sent back to the Customer at the Customer’s expense.
The Customer will have to send back the item preferably in its original packaging even if it was opened. All the original accessories will also have to be included.
The Customer must systematically state his/her Order reference, his/her name and complete address if he/she wants his/her request to be processed efficiently.
Article 12 – Privacy protection and personal data processing
Article 13 – Liability
These General Conditions set out the full extent of the Seller’s obligations and liabilities in respect of the Products. The Seller only undertakes an obligation of means at all stages of the Website access, from the Order processing till the delivery or any further services.
Under no circumstances, the Seller’s liability under the present General Conditions shall exceed the actual sums paid or to be paid at the time of the transaction concerning the Products with respect to which such claim is made, whatever the cause or the form of the claim.
To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on the Seller than the ones mentioned in these General Conditions. The Seller will not be liable to the Customer (or any other parties):
- for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases),except in the event of damages that result from the Seller’s gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
- all inconveniences or damages linked to the use of Internet, such as a service rupture, an external intrusion or the presence of informatics viruses, unauthorized access by a third party to the Customer’s account, or any other event constitutive of force majeure.
Article 14 – Intellectual Property
The Seller or its licensor retains all rights, ownership, and interest in any copyright, trademark, or other intellectual property rights to the Products, documentation, know – how or any other information with regard to the Products.
Nothing in these General Conditions shall be construed to grant to the Customer any rights, ownership or interest in the Seller or its licensor’s copyrighted material, trademark(s), or other intellectual property rights to the Products, documentation, know – how or any other information with regard to the Products.
The Seller cannot be held liable for any breach of other intellectual property rights, due to the use of the Products.
The Customer agrees to cooperate with and assist the Seller at its own expense, in the protection of trademarks, patents, or copyrights owned by or licensed to the Seller and shall inform the Seller immediately of any infringements or other improper action with respect to such trademarks, patents, or copyrights that shall come to the attention of the Customer.
Article 15 – Contact and enquiries management
In case a Customer has a question related to his purchase, he can contact the Seller through the contact form available in the “Contact us” – section of the Website or using the following email address: info@ID-Trust-Medical.eu. The Seller will contact the Customer within a maximum 5 working days delay to provide an answer to the Customer’s enquiry.
Article 16 – Governing Law and jurisdiction
The General Conditions are governed by Belgian law.
In the event of a dispute, the Parties shall try to find an amicable solution before initiating any proceedings. Failing an amicable settlement, the dispute shall be subject to the exclusive jurisdiction of the Courts of the judicial district of Leuven (Belgium).
Article 17 – Separable provisions
If one or more provisions of the General Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, this shall not affect the validity of the other provisions.
The General Conditions and the Order Confirmation transmitted to the Customer form a contractual ensemble and constitute the whole contractual relationship between the Parties. If there is any contradiction between those documents, the General Conditions shall prevail.
Article 18 – Modification
The Seller reserves the right to modify the General Conditions at any time and shall communicate the new version to the Customers through the Website.