TERMS OF SALES

KLINICARE SHOP SRL

30-32 Avenue des Ormeaux 1180 Uccle

Belgium
Company number (VAT-BE) 0724.691.651

If you have any questions or comments, you can contact us via:
Email: christian@klinicare.be or shop-uccle@klinicare.be.

When communicating with KLINICARE SHOP SRL, please include your order number and any other pertinent information you may have on hand, so that we can provide you with a prompt and adequate response.

1. DEFINITIONS

In these conditions of sale, it should be understood by the following terms:

“ Buyer ”: refers to any natural person (B2C) or legal entity (B2B) who is or will be in a contractual relationship with KLINICARE SHOP SRL, of whatever nature. Any Buyer undertakes not to buy the products of KLINICARE SHOP SRL for the sole and exclusive purpose of reselling them, unless expressly authorized by KLINICARE SHOP SRL. The Buyer will subsequently also be referred to by the words “you” and “yours”.
“ Consumer ”: any natural person acting for purposes that do not fall within the scope of his business or professional activity.
“ Products ”: all goods and services that are the subject of this sales contract.
“ Goods made to the Consumer's specifications ”: goods not prefabricated, but manufactured on the basis of an individual choice or a decision of the Consumer.
“ Sales agreement ”: any contract by which the trader undertakes to transfer the ownership of goods and/or to offer a service to the Buyer, this Buyer in turn agreeing to pay the price.

2. INTRODUCTION

These conditions of sale apply to all sales of products, current and future, concluded between the web shop https://www.klinicare-shop.com and the Buyer. By using the website, the Buyer accepts these General Conditions, as well as all other rights and obligations as they appear on the website.

These conditions of sale are in principle always and exclusively applicable, but specific derogations are possible. Such derogations are only valid insofar as they are the result of mutual agreement and are expressly provided for in writing. If this is the case, the derogation will then only be valid in replacement or in addition to the clauses to which it relates. The other provisions of these General Conditions remain fully applicable.

KLINICARE SHOP SRL reserves the right to modify and/or supplement these general conditions at any time for future orders. Any change will have no impact on current orders and the resulting contracts.

3. OFFER AND ACCEPTANCE

3.1. The offer

All offers are put online with the greatest care. KLINICARE SHOP SRL undertakes to provide sufficient information on the characteristics of the products, including technical descriptions and photos intended to illustrate these products, all this insofar as the technical means allow it and according to the best market standards. To do this, KLINICARESHOP SRL relies heavily on data provided to it by its partners and/or suppliers. The images displayed on the website give the most accurate representation possible of the main characteristics of our products.

Each offer made by KLINICARE SHOP SRL constitutes a simple invitation to the Buyer to place an order and cannot therefore be considered as a firm offer with regard to KLINICARE SHOP SRL. The offers made on the website are only valid within the limits of available stock. If a product you ordered is not in stock, KLINICARE SHOP SRL will inform you clearly by e-mail within fifteen (15) days following the placing of the order.

KLINICARE SHOP SRL reserves the right to apply specific conditions to an offer, for example by giving it a limited period of validity. These specific conditions will be explicitly communicated to you before placing the order.

If an offer is clearly the subject of an error or fault, KLINICARE SHOP SRL is not bound by it. Notorious or obvious errors in the indication of the price, such as obvious inaccuracies, can be corrected by KLINICARE SHOP SRL, even after the conclusion of the contract.

In the event of an anomaly in our online ordering system, the Buyer must contact KLINICARE SHOP SRL to obtain more specific products. Such a nominative offer is valid for thirty (30) days, unless a different period has been indicated in the offer. These general terms and conditions remain applicable to this offer, as well as to all resulting contracts.

3.2. The costs

All prices are quoted in euros and include VAT and all other taxes. The price of the individual product does not include (i) delivery and installation costs, as well as any additional related costs (see insurance for shipping) and (ii) costs related to the use of particular payment methods, if they have been expressly communicated to the Buyer.

CAUTION: Although KLINICARE SHOP SRL does everything in its power to indicate a complete price, it is possible that certain special circumstances lead to additional costs, such as in the case of international shipping (outside the EU) or additional insurance. These additional expenses, which include, for example, import duties, transport and delivery costs, postal costs or premiums, are borne by the Buyer and are only communicated after confirmation of the order.

If the Buyer is acting within the framework of his business or professional activity, the price may be displayed excluding VAT and other taxes if he expressly requests it. To do this, the Buyer must provide us with his company number.

KLINICARE SHOP SRL has the right to change prices at any time, but undertakes to apply the prices indicated on the site at the time of placing the order. If the price change is due to changes in the VAT rate, this will be charged to the Buyer.

3.3. Acceptance

If the Buyer wishes to purchase a product from the range of KLINICARE SHOP SRL, he must make an offer to this effect using the online ordering method. This offer is binding on the Buyer. KLINICARE SHOP SRL will send a confirmation of the order, by e-mail, to the address indicated by the Buyer, at the latest within seven (7) days following the placing of the order. This order confirmation constitutes the moment of conclusion of the contract.

KLINICARE SHOP SRL may at any time decide not to send an order confirmation or unilaterally refuse an order, in an express declaration. If an order cannot be completed or can only be completed in part, KLINICARE SHOP SRL informs the Buyer and possibly offers him an alternative product. Whether KLINICARE SHOP SRL refuses the order or if the Buyer does not agree with the proposed alternatives, there can be no question of a contract and all payments already made are promptly refunded. The Buyer has no right to any form of compensation.

In accordance with the law of March 11, 2003 on certain legal aspects of information society services, the parties expressly agree that a contract is validly concluded by the use of electronic means of communication. To provide proof of the contract,KLINICARE SHOP SRLmay make use of all the electronic files at its disposal, within the limits authorized by law. In particular, the absence of a traditional signature of digital or electronic quality in no way affects the binding force of the offer and its acceptance.

4. PAYMENT

Each payment is in principle processed immediately, i.e. when the order is placed by the Buyer. We accept the following payments:

MasterCard
VISA
Bancontact/Maestro
KBC/CBC Online
ING Home Bank
Belfius Netbanking

KLINICARE SHOP SRL does what is necessary to guarantee the security of your online transactions. We guarantee this security by engaging specialized parties such as certified credit card publishers and payment partners.

KLINICARE SHOP SRL will perform its delivery obligation as soon as full payment of the price has been made. KLINICARE SHOP SRL retains title to all products ordered until full payment of all amounts due under this contract, whether or not delivery has already taken place.

All our invoices are payable in cash. In the event of non-payment on the due date, interest of 12% for the current year from the invoice date will be claimed in order to cover the cost linked to the absence of cash generated by the late payment. In order to cover the cost of the steps taken BEFORE sending for recovery, a conventional and irreducible lump sum indemnity of 20% with a minimum of €50.00 becomes payable automatically and without formal notice. In addition to these costs and interest, the amount of our invoices may be increased by €12.50 per reminder made, itself increased by €30.00 per trip by a collection agent.

For any dispute, only the Courts of Brussels and Belgian law are competent. Invoices are considered accepted without reservation. Any invoice not disputed within 8 days by registered mail will be considered accepted by the customer.

The recovery of unpaid invoices is entrusted to INTERNATIONAL RECOVER COMPANY® (brand validly represented by its parent company, its branches, subsidiaries and franchises spread over Europe whose contact details are available on www.recover.eu). The personal data concerning you which are necessary for the purposes of recovering our debts (contact details: names, addresses, telephone, emails, etc... and billing details: number, date, amounts and payments, etc. ..) will therefore be communicated to INTERNATIONAL RECOVER COMPANY® and kept by the latter for the time necessary to recover the amounts due. These same personal data may also, for this same purpose and in compliance with the criterion of material and temporal necessity, be communicated to all of its subcontractors (call center, collection agents, lawyers, etc.) .

5. DELIVERY AND INSTALLATION

Each order is always treated with the greatest care, within fifteen (15) days following the confirmation of the order. In exceptional cases,KLINICARE SHOP SRL recognizes the right to stipulate a longer delivery time. These special delivery times will always be communicated to the Buyer within a reasonable time after the confirmation of the order. The delivery dates mentioned on our site are purely indicative. The Buyer can only withdraw from the contract if KLINICARE SHOP SRL fails to deliver within the derogatory deadline. In such event of termination, KLINICARE SHOP SRL promptly refund all monies paid, no later than fourteen (14) days after termination of the agreement.

KLINICARE SHOP SRL may use external parties/carriers for delivery. The use of external parties may have an influence on the delivery. KLINICARE SHOP SRL assumes no responsibility if delivery occurs too late, or if the order is lost due to the fault of third parties, unforeseen circumstances or force majeure. If an order already sent is not delivered within the time indicated, an investigation is opened with the carrier, which can take several days. During this period, it is not possible to make a refund or a replacement shipment.

There is delivery as soon as the products ordered are delivered once to the address indicated. It is the Buyer's responsibility to allow delivery to the agreed place, in his presence or in the presence of a third party designated by him. If the delivery fails due to a failure of the Buyer or the third party appointed by him, the costs of this attempted delivery will be borne entirely by the Buyer. If the Buyer is absent at the time of delivery, the Buyer must follow the procedure proposed by the external carrier.KLINICARE SHOP SRL bears the risk of damage and/or loss of the goods until the moment of delivery. The risk is transferred to the Buyer from the moment the products ordered are received by the Buyer or by a third party designated by him. Each delivery requires in principle the signature of a delivery confirmation, but the absence of such a signature has no effect on the transfer of risk.

6. DEFECTS AND COMPLAINTS

KLINICARE SHOP SRL always has the ambition to satisfy customers with its products. However, the existence of defects and the formulation of complaints cannot be completely excluded. Our warranty approach allows us to earn back your satisfaction. Attention, this guarantee only applies insofar as the conditions provided for are met. Additional commercial guarantees are always possible and are expressly communicated.

The legal guarantee as provided for by articles 1641 to 1649 of the Civil Code is fully applicable to this contract. Consequently, any Buyer has the right to a repair if he finds a lack of conformity of the goods sold, provided that the legal conditions are met. The Consumer also benefits from a legal guarantee of two (2) years on non-perishable goods or without expiry date. The Buyer cannot invoke his warranty rights if he was aware of the defects at the time of the sale.

Once the Buyer or a third party designated by him receives the products, the latter is obliged to examine them closely. The Buyer must take the following actions in the event of non-compliance:

The Buyer must communicate his complaint to KLINICARE SHOP SRL in writing, in an explicit and reasoned manner, and without any ambiguity. It is the Buyer's duty to sufficiently substantiate his complaint, preferably through all reasonable technical means available, such as through photos or videos. The complaint must be communicated:
1. Within seven (7) calendar days of delivery, if the product is affected by a defect visible from the outside;
2. Within seven (7) calendar days of becoming aware if the product is characterized by a hidden defect;
3. Exception for Consumers: within two (2) months from becoming aware if the product is characterized by a hidden defect. All in accordance with the legal warranty period.
The Buyer must return the products within seven (7) calendar days following the communication of the complaint. Defective products should be sent to KLINICARE SHOP SRL in their original condition, including packaging, accessories and documentation, and always accompanied by the invoice and valid proof of payment. Any violation of this obligation implies a proportional reduction of the reimbursement. Return costs are always borne by the Buyer.

Return shipment is always at the Buyer's risk. KLINICARE SHOP SRL recommends returning the products by registered mail and with insurance, to avoid the risk of loss and theft.

The warranty does not apply to:

Damage caused by normal wear and tear of the product or by accidental or intentional modifications made by the Buyer, including improper and incorrect use and exposure to humidity, fire, earthquake or other external causes.
Damage caused by installation and use of products that do not comply with the instructions and information provided. These instructions and information are also transmitted through electronic means of communication.

In the absence of a substantiated complaint, the Buyer does not have the right to return the products. If the above conditions are met, the Buyer is first entitled to repair or replacement free of charge, insofar as the situation permits. KLINICARE SHOP SRL is only liable for reimbursement when the repair or replacement no longer produces the same benefit for the Buyer. The Buyer must communicate this in a clear and reasoned manner. Any resulting compensation can never be greater than the amount invoiced to the Buyer.

If the conditions below are not met and goods are therefore wrongly returned, KLINICARE SHOP SRL will return the products to the Buyer. The costs associated with this return shipment are the responsibility of the Buyer. In this case, KLINICARE SHOP SRL is free to store the products with third parties for the account and at the risk of the Buyer, as long as these return costs have not been paid.

7. RIGHT OF WITHDRAWAL

7.1 When does the Consumer have a right of withdrawal?

Any Consumer has a right of withdrawal, in accordance with Article VI. 47 of the Code of Economic Law, provided that the following conditions are met. In accordance with this right of withdrawal, the Consumer has the right to decide to cancel the purchase within fourteen (14) days from the day following the delivery of the product. The Consumer is not required to pay any fine or compensation, nor does he have to justify his decision to make use of his right of withdrawal.KLINICARE SHOP SRL however, appreciates receiving feedback from you in order to improve our services.

If the Consumer validly makes use of his right of withdrawal, KLINICARE SHOP will promptly reimburse the Consumer, and certainly within fourteen (14) calendar days. KLINICARE SHOP SRL will make the refund to the same bank account from which it received the initial payment, unless the Consumer has expressly decided otherwise. In any case, no fees will be charged for reimbursement.

Attention ! If the Consumer has chosen a payment method that differs from the cheapest standard method, these additional delivery costs will not be refunded.

The Consumer does not have the right to cancel its purchase in the following cases:

Service contracts after the service has been fully performed if the performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the professional (Article VI.53.1° Code of economic law);
the supply of goods made to the consumer's specifications or clearly personalized (Article VI.53.3° Code of Economic Law);
the supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery (Article VI.53.5° Code of Economic Law);
the supply of goods which, after having been delivered, and by their nature, are inseparably mixed with other articles (Article VI.53.6° Code of economic law);
the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery (Article VI.53.9° Code of Economic Law);
the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery (Article VI.53.10° Code of Economic Law);
the supply of digital content not provided on a material medium if the execution has begun with the express prior agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal (Article VI.53.13° Code of law economic) ;

7.2 How to exercise this right of withdrawal correctly?

The Consumer who wishes to invoke his right of withdrawal must always communicate it expressly and without any ambiguity, and must be in writing. This communication must take place within fourteen (14) calendar days from:

from the day of receipt (physical) of the products (sales contract)
from the day of the conclusion of the contract (contract for the provision of services)

It is up to the Consumer to prove that he can rely on his right of withdrawal. He must clearly communicate to KLINICARE SHOP SRL the following information:

Mention of the following three dates: date of the order, date of receipt and date on which the right of withdrawal is invoked;
Consumer's name and address;
Signature of the Consumer.

After informing its decision of KLINICARE SHOP SRL, the Consumer must promptly return the goods to him, within fourteen (14) calendar days of the communication. This return shipment must be sent via a recognized carrier. The return of an order is in all cases at the expense and risk of the Consumer. KLINICARE SHOP SRL reserves the right to suspend reimbursement as long as no proof of return is provided by the Consumer.

The Buyer is responsible for the reduction in value of the goods resulting from their handling if this goes beyond what is necessary to determine their nature, their characteristics and their functioning. KLINICARE SHOP SRL is entitled to take this reduction in value into account proportionally when reimbursing.

An abusive use of the right of withdrawal is established on the part of the Consumer, when he does not fulfill the conditions prescribed above. In this case, the products will be returned to the Consumer, for his own account and at his risk.KLINICARE SHOP SRLundertakes to clearly communicate the reasons for the return to the Consumer.

8. FORCE MAJEURE

If KLINICAR SHOP SRL is prevented in whole or in part from respecting its obligations with regard to the other party due to a circumstance beyond its control, then it is a question of force majeure. In this case, KLINICARE SHOP SRL is not bound by its obligations towards the other party. KLINICARE SHOP SRL is entitled to suspend its obligations for the duration of the force majeure.

9. INTELLECTUAL PROPERTY

All intellectual property rights and derivative rights remain the property of KLINICARE SHOP SRL and/or the beneficiary. Intellectual property rights include copyright, trademark law, design rights and/or other (intellectual property) rights, including know-how, technical methods and concepts and /or commercial products likely or not to be patented. KLINICARE SHOP SRL attaches great importance to its intellectual property rights and has taken all possible measures to ensure their protection.

The commercial signs that we use on our website are protected as (registered) trade names. The Buyer does not have the right to use and/or modify the intellectual property rights described in this article, except for simple private use of the product itself. Any violation of existing intellectual property rights will be prosecuted.

10. PROCESSING OF PERSONAL DATA

The information you have given is necessary for the processing and completion of orders, and for the drafting of accounts and warranty contracts. If this information is missing, the order will be canceled immediately. The transmission of incorrect or falsified personal data is considered a breach of these Terms of Sale. The Buyer's personal data will be processed exclusively in accordance with the Privacy statement in force, available on website de KLINICARE SHOP SRL.

11. APPLICABLE LAW AND JURISDICTION

Belgian law is applicable, to the exclusion of any other, to all offers and all contracts. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes relating to or arising from the offers of KLINICARE SHOP SRL, or contracts concluded with it, will be subject to the jurisdiction of the Courts of the Courts of the judicial district of Brussels, unless otherwise stipulated by mandatory law.