Definitions and scope of application
The general terms and conditions of sale of products, hereinafter referred to as "the general terms and conditions", are applicable to all orders placed with DELTRIAN INTERNATIONAL S.A., whose head office is located at Rue du Berlaimont 21A, 6220 Fleurus, Belgium, registered with the Crossroads Bank for Enterprises under number BE 0440.089.790, hereinafter referred to as "the seller".
These general conditions form the contract between the seller and the customer. The seller and the customer are hereinafter jointly referred to as "the parties". The "customer" is any natural or legal person who orders products from the seller. The "consumer" is the customer, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. The present general conditions are the only ones applicable. In any event, they exclude any general or special conditions of the customer that the seller has not expressly accepted in writing.
The general terms and conditions are freely accessible at any time on the seller's website: https://health.deltrian.com, so that by placing an order with the seller, the customer declares that he/she is aware of these general terms and conditions and confirms that he/she accepts the rights and obligations associated with them.
The seller reserves the right to change these terms and conditions at any time and without prior notice, provided that such changes are posted on its website. These changes will apply to all subsequent orders for product(s).
Offer and order
To place an order, the customer chooses the product(s) he/she wishes to order by surfing on the seller's website, indicates the contact details requested, checks the accuracy of the order, and then pays for the order. After receiving confirmation of payment of the order from the bank, the seller sends the customer a summary of the order, including the order number, the products ordered and their price, these general terms and conditions or a link to them, as well as an indication of the likely timeframe for completion of the order.
The seller reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer proves to be manifestly erroneous or incomplete or when there is a dispute relating to the payment of a previous order. In the event of cancellation of the order by the customer after its acceptance by the seller, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order shall be acquired by the seller and invoiced to the customer as damages.
The price of the products is indicated in euros, including all taxes. Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of delivery will automatically be charged to the customer.
Delivery costs, if any, are not included in the quoted price, but are calculated separately during the ordering process, depending on the method and location of delivery and the number of products ordered.
The customer can pay for the products by credit card (Mastercard, Visa, American Express), Bancontact, Belfius, ING. The customer must pay in euros. The costs to be paid by the customer are the price of the product(s) (including VAT), as well as any delivery and return costs that may apply.
Unless otherwise expressly agreed in writing by the seller, the delivery deadlines mentioned in the special conditions shall not be binding. The seller may only be held liable if the delay is significant and if it is attributable to his gross negligence.
The customer shall not be entitled to invoke the delivery period to request the cancellation of the contract, claim damages or assert any other claim, unless otherwise agreed in writing and expressly accepted by the seller. In the event of a delay exceeding thirty working days, the customer shall send a formal notice by registered mail to the seller, who shall then be entitled to 50% of the prescribed time to deliver the product(s) ordered.
Delivery times :
- From Belgium to Belgium: 5 working days
- From Belgium to abroad: 15 working days
- From Switzerland to Switzerland: 5 working days
- From Switzerland to abroad: 15 working days
Reservation of ownership
The seller remains the owner of the ordered products until full payment has been made. Ownership of the products is only transferred to the customer after the collection or delivery of the items and after full payment of the order. In derogation of article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, the customer is forbidden to pledge the articles, to offer them, or to use them as a guarantee in any way whatsoever. The customer is expressly forbidden to make any alterations to these articles, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
As long as the seller has the property rights to the delivered goods, in accordance with the provisions of this article, the customer shall remain responsible for maintaining the products in good condition. During this period, only the customer can be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as the property of the seller.
Right of withdrawal
In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products from the seller by distance selling shall have a period of 14 calendar days from the day of delivery of the products or notification of their availability at the intended point of collection to notify the seller that he/she is withdrawing from the purchase, without penalty and without giving any reasons.
If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. The consumer may notify his wish to withdraw from the purchase by means of the form available on the website of the S.P.F. Economie, P.M.E., Classes moyennes et Energie: economie.fgov.be, or by means of an unambiguous statement setting out his decision to withdraw from the contract.
The consumer must return the product(s) he/she has renounced in perfect condition in their original packaging. Only the direct costs of returning the product(s) shall be borne exclusively by the consumer. The seller shall refund the amount paid as soon as possible and at the latest within 14 days of the return of the products. The consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his right of withdrawal in respect of that product.
Similarly, the consumer shall not be entitled to exercise the right of withdrawal if he is in the case of one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the specifications of the consumer or clearly personalized.
Cancellation of the order
The customer who does not meet the conditions for benefiting from the right of withdrawal described in the previous article of these conditions and who wishes to cancel his order shall inform the seller, who will indicate the steps to be taken. Any deposit paid by the customer to the seller will not be refunded. If no deposit has been paid, the seller may claim from the customer a cancellation indemnity equivalent to 30% of the price of the products whose order has been cancelled by the customer.
Delivery of the order
The delivery times indicated by the seller are provided for information purposes only and are not binding on the seller. A delay in the delivery of the order shall therefore in no case give rise to any compensation, termination of the contract, suspension of the customer's obligations, or payment of damages. The order is only delivered to the customer after full payment. The transfer of ownership and risk takes place at the moment the order is fully paid for. The customer is therefore advised that he/she alone bears the risks associated with the delivery.
The products offered for sale by the seller are within the limits of available stocks.
In the event of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order or a delivery postponed until the end of the stock shortage of the product(s) concerned.
Receipt of the order and complaint
The customer is obliged to check the apparent good condition and the conformity of the products delivered to him or collected from the collection point with the products he ordered. Any complaints must be made in writing within 7 days of delivery of the order or notification of its availability at the collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.
If a complaint proves to be well-founded, the seller/provider will have the choice between replacing or refunding the price of the products concerned.
The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or the seller's catalogue are protected by intellectual property law. Unless expressly agreed otherwise in advance, the customer is not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or the seller's catalogue. Unless expressly agreed otherwise, the agreed price does not therefore include any transfer of intellectual and/or industrial property rights on any grounds whatsoever.
· Legal guarantee for all customers
In accordance with Articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which diminish this use to such an extent that the customer would not have acquired them or would only have paid a lower price for them if he had known about them. In the event that a hidden defect is found, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code, and may choose between returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund. The seller is not obliged to guarantee the products against apparent defects, of which the customer could or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he failed to warn the customer. Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.
· Additional legal guarantee for customers who are consumers
In accordance with article 1649quater of the Civil Code, the customer who is a consumer also has a legal guarantee of two years for all defects of conformity which existed at the time of delivery of the product and which have appeared within a period of two years as from the latter.
This guarantee includes the repair or replacement of the defective product at no cost to the consumer. If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, the consumer may be offered an appropriate reduction or refund. The seller and the customer may only agree on a refund if the customer returns the defective products. In the event that specific spare parts or accessories required for the repair of the product are no longer available from the manufacturer, the seller shall not be liable for the loss of use of the product. The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he noticed the defect, on pain of forfeiture of his right to claim. Only the invoice, the receipt or the purchase voucher shall serve as a guarantee certificate for the consumer towards the seller.
These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents. This guarantee does not apply if the failure is due to misuse, external causes, poor maintenance, normal wear and tear or any use that does not comply with the manufacturer's or seller's instructions.
In the event of damage, theft or loss of a product delivered for repair, the seller's liability shall in any event be limited to the purchase price of the product. The seller shall not be liable for the loss or reproduction of data stored in or by electronic devices handed over for repair.
The customer acknowledges and accepts that all obligations owed by the seller are exclusively of a means nature and that the seller is only liable for fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or fraud on the part of the seller, the loss for which the customer may claim compensation shall only include the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the delivered products, such as loss of profit, increased overheads, loss of customers, etc. The seller is also not liable in the event of the customer providing incorrect information or in the event of an order being placed in his name by a third party. Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer has to face any restriction or additional tax to pay because of the policy adopted by his country in this matter.
If the customer imposes on the seller a process or materials of a certain quality, origin or type, despite the seller's written and reasoned reservations, the seller shall be relieved of all liability for defects caused by the choice of said process or materials.
Internet and new technologies
The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or in the future made available. The customer also acknowledges the risks of storing and transmitting information by digital or electronic means. The customer accepts that the seller cannot be held liable for any damage caused by the use of the seller's website (and any applications) or the internet as a result of the above risks. The customer further agrees that the electronic communications exchanged and the backups made by the seller may be used as evidence.
Force majeure or fortuitous event. The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or unforeseen circumstances. The following events shall be considered as force majeure or fortuitous events 1) the total or partial loss or destruction of the seller's computer system or its database when one or other of these events cannot reasonably be directly attributed to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent one or other of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a breakdown in the supply of energy (such as electricity), 12) a failure of the Internet or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which the Seller depends, 15) an act or decision of a third party where that decision affects the proper performance of this Agreement or 16) any other cause beyond the reasonable control of the seller.
If, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and loyally an adaptation of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of the contract
In the event of the insolvency of the customer or in the event of unpaid debts, even in the context of previous contracts between the customer and the seller, the latter shall be entitled to suspend the performance of its obligations until the customer has repaid in full any unpaid debts due to the seller. In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where appropriate, may claim damages from the customer by any legal means.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these terms and conditions, nor shall it affect the remainder of that article, paragraph or provision, unless the contrary intention is apparent from the text.
The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.
No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions shall be construed as a waiver of such right or remedy.
Applicable law and jurisdiction
Any dispute relating to the products delivered by the seller, as well as any dispute relating to the validity, interpretation or execution of these general conditions, shall be subject to Belgian law and to the exclusive jurisdiction of the courts of the judicial district of Charleroi.