Terms and conditions
Website and sales
This version is in effect since 02/06/2014
The website www.ID-Trust-Medical.eu (hereafter the “Website”) is managed by the private limited liability company under Belgian law ID Trust Medical with registered offices at BE – 3000 Leuven, Diestsevest 43/0001, registered at the Crossroadsbank under the number 0889.718.543 and known by the VAT-administration under the number BE 0889.718.543, RPR Leuven (hereafter “ID Trust Medical”).
This Agreement is concluded between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and ID Trust Medical, and governs your use of the Website and the content, information and services provided through the Website.
- Terms and Conditions of Sale of ID Trust Medical
You also agree that ID Trust Medical may provide all legal communications and notices to you electronically by posting them on the Website or, at their election, by sending an e-mail to the e-mail address you provided to ID Trust Medical when you registered at the Website. You may withdraw your consent to receive communications electronically by contacting ID Trust Medical. However, if you withdraw your consent to receive communications electronically, you must discontinue your use of your account.
2. Use of Website
You are granted permission to access and use this Website and its Content (defined hereinafter) for the sole purpose of preparing, evaluating, and ordering products or services solely through ID Trust Medical (hereinafter the “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted.
In using this Website, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, graphics, photographs, images, document layouts, artwork, text, fonts, software tools, or any of these elements in combination as a design for Products available on this Website or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, download, post, email or otherwise transmit false or misleading information;
g. disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked Websites.
access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Websites;
frame or link to the Website except as permitted in writing by ID Trust Medical;
incorporate images or names that would violate a person’s right of privacy or publicity.
You agree that you are responsible for protecting your password and controlling access to your registered account.
You agree that you will be responsible for all orders placed or other actions that are taken, whether or not, through your registered account. You agree to waive any claims against ID Trust Medical and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website. You agree to indemnify ID Trust Medical and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
3. Proprietary Rights
You acknowledge and agree that the Website and any software provided to you or used in connection with the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the limited rights expressly granted in this Agreement, ID Trust Medical reserves all right, title and interest in and to the software, Website and any other IP Rights, materials or other properties owned, licensed or controlled by ID Trust Medical.
ID Trust Medical grants you a non-exclusive, non-transferable, non-sublicenseable, revocable license to use ID Trust Medical’s proprietary online platform, including without limitation the Website and ID Trust Medical’s software solely as necessary to use the Website and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by ID Trust Medical.
In the event you transfer your account or ownership of any product, any purchasers or assignees are bound by the terms of this Agreement.
You may not, for personal use, place a direct link to the Website on your personal internet website without the prior written authorization by ID Trust Medical. Any hypertext link to the Website, using the framing, in-line or deep linking technique is strictly prohibited. In any event, every link to the Website, even when authorized by ID Trust Medical, must be removed from your personal website upon ID Trust Medical’s simple request.
4. Third-party Websites
The Website may provide, or third parties may provide hyperlinks to third-party materials, resources or websites operated by third parties. ID Trust Medical is not liable for any content, advertising, products or other materials on or available from such websites or resources or the policies of such websites and resources. ID Trust Medical should not be taken to be endorsing, publishing, permitting or authorizing such websites or materials. Therefore, please be warned that these websites are operated under the exclusive responsibility of their respective owners, who are solely liable for complying with laws and regulations applicable to the products and services sold on their websites, including without limitation consumer protection, distant selling and price display regulations.
ID Trust Medical is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
5. Disclaimer, liability, exclusion, liability limitation, release and indemnity
ID Trust Medical does not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website.
Your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by ID Trust Medical and providers to the fullest extent permitted by law.
There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the Website.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website may be affected by numerous factors beyond ID Trust Medical’s control. The operation of the Website may not be continuous or uninterrupted, secure or private.
Without limiting the generality of the foregoing, ID Trust Medical and providers make no representation, warranty or condition that:
the Website will be compatible with your computer and related equipment and software;
the Website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
the Website will meet your requirements;
the information contained in the Website or derived from the Website will be accurate, complete, sequential, or timely;
certain or any results may be obtained through the use of the Website;
the use of the Website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
the use of the Website will not infringe the rights (including intellectual property rights) of any person; and ID Trust Medical and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
ID Trust Medical and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by ID Trust Medical to give effect to, or for any failure or delay by ID Trust Medical in receiving, accessing, processing or accepting, any communication sent to ID Trust Medical by means of the Website or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website or email services.
You agree that ID Trust Medical shall have no responsibility for any damages suffered by you in connection with the Website or any Content contained therein. You expressly agree that use of this Website, including all content, data or software distributed by, downloaded or accessed from or through this Website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such Content, data and/or software.
You acknowledge that ID Trust Medical does not control in any respect any information, products, or services offered by third parties on or through this Website.
Except as otherwise agreed in writing, ID Trust Medical and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Website.
No advice or information, whether oral or written, obtained by you from ID Trust Medical or through or from the Website shall create any warranty not expressly stated in the Agreement.
5.2 Liability exclusion
To the fullest extent permitted by law, ID Trust Medical nor its subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Products will not under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by you or any other person, and regardless of any negligence or other fault or wrongdoing by ID Trust Medical or provider or any person for whom ID Trust Medical or provider may be responsible, and notwithstanding that ID Trust Medical or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.
You hereby release, remise and forever discharge each of ID Trust Medical and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website.
You agree to indemnify, defend and hold harmless each of ID Trust Medical and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website or your breach of this Agreement. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by ID Trust Medical and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
6. Termination of this agreement and the Website
ID Trust Medical may, at any time and for any reason and in its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your account, password, permission to access or use the Website and remove and discard any content you may have contributed to the Website; all without any notice or liability to you or any other person.
7. Miscellaneous Matters
7.1 Governing Law – Dispute Resolution
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to the sole jurisdiction of the Courts of Leuven, Belgium.
7.2 English is Governing Language
This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by ID Trust Medical are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.
7.3 Our Relationship
This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You are not authorized to make any promise, warranty or representation on behalf of ID Trust Medical or obligate or attempt to obligate ID Trust Medical in any manner whatsoever. You shall not represent to any person that you are the agent of ID Trust Medical, nor fail to correct any misunderstanding as to such status.
ID Trust Medical may freely assign or transfer any or all of the rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of ID Trust Medical. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assignees.
If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using ID Trust Medical’s name or referencing to ID Trust Medical or its Products; or (iii) suggesting or implying any endorsement by ID Trust Medical of you and/or any Products without the prior written approval of ID Trust Medical, which ID Trust Medical may withhold at its sole discretion.
7.7 Entire Agreement – Amendment
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. ID Trust Medical reserves the right to amend this Agreement at any time. When ID Trust Medical amends this Agreement, ID Trust Medical shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement at the Website that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the Website, following the posting of such amendment will signify and be deemed your assent to and acceptance of the revised Agreement. You agree that you have the burden to periodically review the Website to inform yourself of any such changes.
The waiver or failure by ID Trust Medical to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of ID Trust Medical set forth in this Agreement are cumulative and are in addition to any rights or remedies ID Trust Medical may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
7.9 Force Majeure
ID Trust Medical shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, ID Trust Medical.
Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from ID Trust Medical if sent via email, as date stamped by ID Trust Medical’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
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.