General terms and conditions of sale

ARTICLE 1 – SUBJECT

These General Sales Conditions set out the terms of use of our Europe Incontinence website (www.europe-incontinence.com), as well as the General Sales Conditions for our Products to our Customers via our website (hereafter referred to as ‘the Conditions’).

Before using our website, the Customer must carefully read these Conditions. By using our website or placing an order on our site, the Customer agrees and accepts to be bound by these Conditions.

We reserve the right to make changes to these Conditions at any time. The applicable Conditions are those in effect at the time of using our website or concluding the Contract.

ARTICLE 2 – TRADE NAME – CONTACT DETAILS

The sale of our Products via our website is done under the trade name of Europe Incontinence by SRL SANACURE, which has its registered office at Rue de la Croix Limont 8 in 5363 EMPTINNE (Belgium) and is 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 on our website or by sending an e-mail to the following e-mail address: contact@europe-incontinence.com

ARTICLE 3 – CONCLUSION OF THE CONTRACT

Under no circumstances may the information posted on our website be taken or interpreted as an offer of sale for the Products presented on 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 concluded.

Once the Customer has successfully gone through the online ordering process on our website, we reserve the right to accept or reject the order in question. 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, which is supplied by the Customer when they are placing the order.

ARTICLE 4 – PRODUCT AVAILABILITY

All Product orders are subject to availability. In the event of supply problems, or if the products are no longer in stock, we reserve the right to inform the Customer that they may order 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 an obvious error.

If we should come across an error in the price of one of the Products ordered, we shall inform the Customer as soon as possible and offer to either confirm their order at the correct price or to cancel the order. If we do not get a reply from the Customer regarding the alternative we are proposing within eight days, we shall cancel the order and refund the sums paid.

Our prices do not include delivery costs. These costs are outlined in Article 6.

In principle, our prices are non-revisable. However, we may pass on 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 and can be seen at: https://www.europe-incontinence.com/en/content/5-secure-payment

ARTICLE 6 – DELIVERIES

Upon confirmation of the order, and subject to payment of the price and the costs in full, we shall dispatch the product(s) to the Customer at the delivery address specified in the order within one to eight working days, depending on the destination. With specific reference to medical devices, we undertake to deliver within two 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 in 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 can be consulted on our website at: https://www.europe-incontinence.com/en/content/1-delivery.

Where an order is delivered in several sub-deliveries, due to the unavailability of some of the products, the Customer shall be billed only once for the delivery costs.

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 make every effort to fill the order for the Products(s) specified in each Order Confirmation ahead of the delivery date specified in said Order Confirmation, or, if no delivery date was specified, within the estimated time that is stated when the Customer selects their chosen delivery method and, under all circumstances, within no more than thirty days from the date on which the order was confirmed.

If we are unable to meet the delivery date for whatever reason, we shall inform the Customer as soon as possible and offer to either continue the execution 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 to have been ‘delivered’, when the Customer, or a third party appointed by the Customer, has taken physical possession of the products, which shall be corroborated by signing the acknowledgement of receipt for the order at the agreed delivery address.

ARTICLE 7 – RETENTION OF TITLE

The Products shall remain our property until the price and the delivery costs have been paid in full.

ARTICLE 8 – TRANSFER OF RISK

The risks associated with the Products shall transfer to the Customer once the Customer, or a third party appointed by the Customer, excluding 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.

The withdrawal period ends fourteen days after the day on which the Customer, or a third party appointed by the Customer, excluding the haulier, 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 appointed by the Customer, excluding the haulier, takes physical possession of the last product.

In order to exercise their right of withdrawal, the Customer must notify us of their decision to withdraw from the Contract by way of an unambiguous statement to that effect (for example, by telephone, letter, fax or e-mail), or by using the template 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, Customer must simply send us their message regarding exercising their right of withdrawal before the fourteen-day withdrawal period expires.

• Effects of withdrawal

In the event of withdrawal, we shall refund all payments received from the Customer, including 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 from the day on which we were informed of the Customer’s decision to withdraw from the sale/purchase. We shall refund the money using the same payment method used by the Customer for their original payment, unless expressly agreed otherwise. In no event shall this refund involve costs for the Customer.

We reserve the right to withhold the refund until we have received the product(s), or until the Customer has provided us with proof that the product(s) has been shipped, whichever of the two events is the earliest.

The Customer must send back or return the product(s) to the address specified in Article 2, without undue delay, and certainly no later than fourteen days from the day on which they informed us of their 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 shall be borne by the Customer.

The Customer is asked to send the products back in their original packaging, along with all relevant documentation, as applicable, especially the order summary that came with the delivery.

The Customer shall be liable only for the depreciation of the products resulting from handling, with the exception of 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 paid, 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 custom-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 due to health and hygiene measures and which were 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 public health reasons, medical devices that have been dispatched cannot be taken back.

The only exception to these rules is where the medical devices are defective, 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 accordance with Articles 1649-bis to 1649-octies of the Civil Code, we shall respond to all non-conformities found to exist at the time the Product was delivered and those found to appear within two years from said delivery time.

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 said non-conformity is attributable to them.

It is hereby agreed that the Customer must notify us of all non-conformities within two months at the latest, starting from the day on which they identified the non-conformity. Non-compliance with this obligation shall mean that the Customer forfeits the aforementioned rights by reason of non-compliance.

ARTICLE 11 – LIABILITY

Unless expressly stated otherwise in these 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 any and all liability for the following: loss of opportunity, loss of earnings or contracts, loss of data and loss of time, etc.

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.

By special dispensation, 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 any and all liability for 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 downloading files we have sent you.

ARTICLE 12 – FORCE MAJEURE

We decline any and all liability for the non-execution or delayed execution of any of our obligations, where this non-execution is due to an instance of force majeure, as 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 incident of force majeure and our execution lead times shall be extended, as applicable, by a length of time equivalent to the duration of the instance of force majeure. Where the instance of force majeure results in our permanent inability to execute our contractual obligations, we shall be released from said obligations.

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

The Customer hereby expressly acknowledges that any intellectual property rights over the content of our website shall remain our exclusive property, or the property of the persons from whom we have obtained licences. To this end, the Customer is not permitted to make any kind of use thereof without prior and express authorisation. 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 their personal data.

ARTICLE 14 – NOTIFICATIONS

All notifications intended for the Customer shall be deemed to have been correctly sent if they are sent to the e-mail address or postal address specified by the Customer when concluding the Contract.

ARTICLE 15 – PERSONAL DATA PROTECTION

The Customer’s personal data and, as applicable, those of the natural person representing them shall be registered in our computer files and in hard-copy format. The data controller and officer tasked with the management of these personal data is Sébastien MOLITOR - e-mail: contact@europe-incontinence.com.

The personal data which we collect include: 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 execution of the contractual relationships that exist between us, in order to comply with our statutory obligations or to pursue a legitimate interest.

These data are processed for the purposes of enabling the execution 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 said data are members of our 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 processed, which is three years, starting from the calendar year during which the last contract with the Customer was executed.

Each person whose data are processed by us has the right to consult these data, which shall be made available to them in a clear, concise and understandable format. In the event these data should be found to be incorrect, they shall have the right to have them rectified and/or supplemented. Each data subject shall also have the right to request that the processing of their data to be limited, in the cases set out in Article 18 of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 concerning 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 that their data be erased, where the processing thereof is no longer necessary for the execution of the contractual relationships between us.

In order to exercise the aforementioned rights, the data subject may send a written request to that effect, free of charge, by e-mail to: contact@europe-incontinence.com. This request must be accompanied by a front-and-back photocopy of their identity card, in accordance with Article 12 of the aforementioned Regulation.

The data subject also has the right to file a complaint regarding the exercise of their 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 of any of our rights may be inferred on our part unless by an express, positive and written statement from ourselves to that effect.

ARTICLE 17 – NULLITY

The nullity of any of the clauses in these Conditions shall be restricted to the clause found to be null and void and shall not affect the remainder of the Conditions.

ARTICLE 18 – APPLICABLE LAW

The use of our website, as well as all Contracts concluded via our website, are governed by Belgian law.

However, under no circumstances shall this clause prejudice any provisions that offer the Customer greater protection in application of their own national law, as applicable.

ARTICLE 19 – ONLINE RESOLUTION OF CONSUMER DISPUTES

In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning the online resolution of consumer disputes, please find the link to the platform for the online settlement of disputes (ODR) below: www.ec.europa.eu/consumer/odr.

ARTICLE 20 – JURISDICTION

Any disputes which directly or indirectly pertain to the use of our website, to the conclusion, execution or interpretation of the Contracts concluded via our website shall fall under the jurisdiction of the Courts of Liège (Belgium), Liège Division, without prejudice to the application of Article 624, Sections 1, 2 and 4 of the Judicial Code, or to the rights which the Customer may invoke that offer them greater protection in application of their own national law, as applicable.