ARTICLE 1 - SUBJECT
The present General Terms and Conditions of Sale set out the terms of use of our website Deutschland Inkontinenz (www.deutschland-inkontinenz.de) as well as the General Terms and Conditions of Sale of our Products to our Customers via our website (hereinafter referred to as “the Terms and Conditions”).
Before using our website, the Customer should carefully read the present Terms and Conditions. Through the sheer fact of using our website or by placing an order on our site, the Customer agrees and accepts to be bound by these Terms and Conditions.
We are within our rights to bring changes to the present Terms and Conditions at any time. The applicable Terms and Conditions are those in effect at the time of using our website or of the conclusion of the Contract.
ARTICLE 2 – TRADE NAME – CONTACT DETAILS
The sale of our Products through our website is made to occur under the trade name of Deutschland Inkontinenz by SRL SANACURE with registered office at rue de la Croix Limont 8 in 5363 EMPTINNE (Belgium), registered with the Banque Carrefour des Entreprises (Cross-Reference Database for Businesses) as number 0701.968.115.
The Customer can contact us at the above address, either by using the contact form available from our website or by sending a mail to the following e-mail address: kontakt@deutschland-inkontinenz.de or by phone at 00 32 83 33 00 93.
ARTICLE 3 – CONCLUSION OF THE CONTRACT
On no account is the information posted on our website to be taken or interpreted as an offer of sale of the Products presented at the website.
Consequently, as long as we have not confirmed our acceptance of the order to the Customer, no Contract may be deemed to have been lawfully formed.
Once the Customer has successfully gone through the online ordering process on our website, we reserve the right to accept or to refuse the said order. Our approval of the order placed and the subsequent conclusion of the Contract may not be inferred from the sending of the order confirmation to the Customer’s e-mail address, supplied by him as he placed the order.
ARTICLE 4 – PRODUCT AVAILABILITY
All Product orders are subject to availability. In the event supply problems or if the products are no longer in stock, we reserve the right to inform the Customer of the option open to him to order of the alternative products of an identical or superior quality or value. If the Customer does not wish to order these alternative products, we shall refund any sums that may already have been paid.
ARTICLE 5 – PRICES – PAYMENT
Our prices are stated in euro and include VAT.
Our prices are those specified on our website, except in case of patent error.
If we should come across an error in the price of one of the Products ordered, we will inform the Customer thereof as soon as possible and offer to either confirm his order at the correct price or cancel the order. If we do not get a reply from the Customer regarding the alternative we are proposing within eight days, we will cancel the order and refund the sums paid.
Our prices do not include delivery costs. These costs are discussed in detailed in article 6.
In principle, our prices are non-revisable. However, we may pass on the price changes from our suppliers which occurred between the order and the delivery as well as any changes in the VAT rate or new taxes decreed before the delivery date.
The payment methods are specified on our website at: www.deutschland-inkontinenz.de/payment.htm
ARTICLE 6 - DELIVERIES
Upon confirmation of the order and subject to payment in full of the price and the costs, we will dispatch the product(s) to the Customer at the delivery address specified by him in the order within 1 to 8 working days depending on the destination. With specific reference to medicines and medical devices, we undertake to deliver within 2 working days at the latest upon receipt of the order. All Products specified in the orders are intended for the personal use of the Customer whose name is specified at the delivery address.
The Customer shall not resell the Products or any parts thereof.
We offer several delivery methods, at the rates which apply at the time when the Contract is concluded. The delivery methods and the corresponding rates are available to be consulted on our website at: www.deutschland-inkontinenz.de/delivery.htm.
Where an order were to be delivered in several sub-deliveries because of the unavailability of some of the products, the Customer shall be billed the delivery costs just the once.
Without prejudice to the provisions regarding the availability of the Products, the regulations governing the sale of medicines and medical devices, and force majeure, we shall bring every effort to bear to fill the order of the Products(s) specified in each Order Confirmation ahead of the delivery date specified in the said Order Confirmation or, if no delivery date was specified, within the time stated when the Customer selects his chosen delivery method and, at all times within no more than thirty days counting from the date of order confirmation.
If we are unable to meet the delivery date for whatever reason, we shall inform the Customer thereof as soon as possible and offer to either continue the performance of the Contract with a new delivery date, or to terminate the Contract and to refund the sums paid by the Customer.
The “delivery” shall be considered as having been performed, or the order shall be considered as having been “delivered” when the Customer or a third party appointed by the former has taken physical possession of the products, which shall be corroborated by the signing of the acknowledgement of receipt slip of the order at the agreed delivery address.
ARTICLE 7 – RESERVATION OF TITLE
The title of ownership over the Products shall remain with Deutschland Inkontinenz by SRL SANACURE until receipt of payment in full the price and of the delivery costs.
ARTICLE 8 – TRANSFER OF RISK
The risks associated with the Products shall transfer to the Customer at the time when the Customer or a third party appointed by the former and other than the haulier takes physical possession of the products.
ARTICLE 9 – RIGHT OF WITHDRAWAL
• Statutory right of withdrawal
The Customer has the right to withdraw from the Contract within fourteen days after it was concluded without being required to state grounds.
LThe withdrawal period ends fourteen days after the day on which the Customer, or a third party other than the haulier and appointed by the Customer, takes physical possession of the Product sold. Where the contract relates to several Products ordered in a single order, and where these Products are delivered separately, the withdrawal period ends fourteen days after the day on which the Customer, or a third party other than the haulier and appointed by the Customer, takes physical possession of the last product.
In order to exercise his right of withdrawal, the Customer is to notify us of his decision to withdraw from the Contract by way of an unambiguous statement to the effect (for example, by telephone, postal letter, fax or e-mail) or by using the model withdrawal form available at the URL below:
https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
For the withdrawal period to be observed, all the Customer needs to do is to send us his message regarding his exercise of his right of withdrawal ahead of the expiry of the fourteen-day withdrawal period.
• Effects of withdrawal
In the event of withdrawal, we shall refund all payments received from the Customer, including the delivery costs (except for supplementary costs arising from the fact that the Customer has chosen a delivery method other than the least expensive method offered, which is the standard delivery) without undue delay and certainly no later than fourteen days counting from the day on which we were informed of the Customer’s decision to withdraw from the sale/purchase. We shall transact the refund using the same method of payment as the method used by the Customer for his original payment, unless expressly agreed otherwise. In no event shall this refund involve costs for the Customer.
We reserve the right to hold the refund until we have receive the product(s) or until the Customer has provided us with proof of shipment of the product(s), whichever of the two events is the earliest.
The Customer is to send back or return the product(s) to the address specified in article 2, without undue delay and certainly no later than fourteen days counting from the day on which he informed us of his decision to withdraw from the sale/purchase. This period shall be deemed to have been observed if the product is sent back before the expiry of the fourteen-day period.
The direct costs for returning the goods are to be paid by the Customer.
The Customer is asked to send the products back in their original packaging, along with all documents accompanying these products as applicable and especially the order summary that came with the delivery.
The Customer shall be liable only for the depreciation of the products resulting from handling other than the handling necessary to determine the nature, characteristics and proper performance of these products. In this respect, we reserve the right to assess matters on a case by case basis, which may result in the refund not being transacted or the refund being paid net of the said depreciation.
• Exception to the right of withdrawal
By way of an exception, the Customer does not have a right of withdrawal where the Contract relates to goods that were purpose-made in accordance with the consumer’s specifications or that are clearly personalised, are liable to quickly deteriorate or perish or to sealed goods that cannot be shipped back on grounds of health or hygiene protection and which were opened (unsealed) by the Customer after delivery.
• Right of withdrawal specific to medical devices
For medical devices, the right of withdrawal applies before we dispatch the parcels.
For reasons of public health, medical devices that have been dispatched cannot be taken back.
The only exception to these rules is where the medical devices are flawed, in which case the Customer shall have the right to also withdraw from the sale/purchase after the products were dispatched.
ARTICLE 10 – GUARANTEE OF CONSUMER GOODS
In compliance with articles 1649bis to 1649octies of the Civil Code, we shall respond to all non-conformities found to exist at the time of the delivery of the Product and those found to appear within two years counting from the said time of delivery.
However, the non-conformity shall be deemed not to exist if, at the time when the contract was concluded, the Customer was aware of the non-conformity or could not reasonably have been unaware thereof, or if the said non-conformity is attributable to him.
It is hereby agreed that the Customer shall be required to notify us of all non-conformities within two months at the latest, counting from the day on which he established the non-conformity. Non-compliance with this obligation shall see the Customer forfeit the above rights by reason of non-conformity.
ARTICLE 11 - LIABILITY
Unless expressly stated otherwise in the present Terms and Conditions, our liability for all Contracts concluded on our website shall be strictly limited to the price of the products that are the subject of the Contract.
In addition, we decline all and any liability for the following: loss of opportunity, loss of earnings or contracts, loss of data and loss of time …
Moreover, in spite of our vigilance, we offer no assurances as to either the accuracy or the safety of the data provided or obtained through this website, unless expressly stated otherwise.
In derogation therefrom, our liability shall neither be excluded nor limited in the following cases: (i) death or bodily injuries caused by our negligence; (ii) wilful misrepresentation; or (iii) in all cases where a limitation of our liability is unlawful or wrongful.
We also waive all and any liability for the nuisance and loss of data caused by a virus or any other technological breaches to your IT equipment and your data as the result of using our website or as the result of downloading files we sent you.
ARTICLE 12 - FORCE MAJEURE
We decline all and any liability for the non-performance or delayed performance of any which of our obligations where such non-performance is due to an instance of force majeure in the way this concept is understood by the Belgian courts and courts of appeal.
In the event of force majeure, our contractual obligations shall be suspended for the entire duration of the case of force majeure and our fulfilment lead times shall be extended as applicable by a length of time that is equivalent to that of the duration of the case of force majeure. Where the instance of force majeure results in our permanent inability to perform our contractual obligations, we shall be released from the said obligations.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The Customer hereby expressly acknowledges that the title of ownership of all and any intellectual property rights over the content of our website shall exclusively remain with Deutschland Inkontinenz by SRL SANACURE or with the persons from whom we have obtained licences. This being the case, the Customer is not permitted to make any kind of use thereof without prior and express permission. However, the Customer shall be allowed to use our website in as much as this is necessary to keep a copy of the information relating to the Contract and to his personal data.
ARTICLE 14 - NOTIFICATIONS
All notifications and communications intended for the Customer shall be deemed to have been correctly sent where they are sent to the e-mail address or postal address specified by the Customer as part of the conclusion of the Contract.
ARTICLE 15 – PERSONAL DATA PROTECTION
The Customer’s personal data and, as applicable, those of his natural person representative shall be registered in our computer files and on hard copy (paper). The data controller and officer tasked with the management of these personal data is Sébastien MOLITOR - e-mail: kontakt@deutschland-inkontinenz.de.
The personal data which we collect are: your surname, first name, postal address, e-mail address, telephone number, payment details, and date of birth. In addition thereto, for traders, we also collect your company name and VAT number, as applicable.
Your data are collected pursuant to the following legal bases: your consent, in performance of the contractual relationships that exist between us, in order to comply with out statutory obligations or to pursue a legitimate interest.
These data are processed for the purposes of enabling the performance of the contractual relationships between ourselves and the Customer, to inform you of our services, for direct marketing purposes, and for statistical purposes. The recipients of these data are our members of staff and any sub-contractors only. The data collected are kept for the length of time necessary to accomplish the purposes for which they are treated, which is 3 years starting from the calendar year during which the last contract with the Customer was performed.
Each person whose data are processed by us has the right to consult these data which shall be made available to him in a clear, concise and understandable format. In the event these data should be found to be incorrect, he shall have the right to have them rectified and/or supplemented. Each data subject shall also have the right to request for the processing of his data to be limited, in the cases set out in the article 18 of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Finally, the data subject has the right to request to have his data erased where the processing thereof is no longer necessary for the performance of the contractual relationships between us.
In order to exercise the rights listed above, the data subject may send in his written request to that effect, free of charge, by e-mail to: kontakt@deutschland-inkontinenz.de. This request is to be accompanied by a front and back photocopy of his identity card, in compliance with article 12 of the aforesaid Regulation.
The data subject is also within his rights to enter a complaint regarding the exercise of his rights, with the Data Protection authority at 35 rue de la Presse in 1000 Brussels:
Tel.: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
E-mail: contact@apd-gba.be
ARTICLE 16 - WAIVER
No waiver on our part of any of our rights may be inferred unless by an express, positive and written statement from ourselves to that effect.
ARTICLE 17 - NULLITY
The nullity of any of the clauses of the present Terms and Conditions shall be restricted to the clause found to be null and void and shall not affect the remainder of the Terms and Conditions.
ARTICLE 18 – APPLICABLE LAW
The use of our website as well as all Contracts concluded over our website are governed by Belgian law.
However, the present clause shall not in any shape or form prejudice any provisions that offer the Customer greater protection in application of his own national law, as applicable.
ARTICLE 19 – ONLINE DISPUTE RESOLUTION OF CONSUMER DISPUTES
In compliance with article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, below please find the link to the platform for the online settlement of disputes (ODR): www.ec.europa.eu/consumer/odr.
ARTICLE 20 – COURTS OF COMPETENT JURISDICTION
All disputes which directly or indirectly pertain to the use of our website, to the conclusion, performance or encore the interpretation of the Contracts concluded via our website shall be heard by the Courts of competent jurisdictions of Liège (Belgium), Liège Division, without prejudice to the application of article 624, 1°, 2° and 4° of the Judicial Code or to the rights which the Customer may invoke that offer him greater protection in application of his own national law, as applicable.
