General sales conditions
General conditions of online sale
Article 1 : Preamble
These conditions of sale are concluded on the one hand by the firm IotCO with head office at Rue Général-Charles-Collyns 68, 4000 Liège - Belgium, registered with Banque Carrefour des Entreprises with number 0681442024 hereinafter “the seller” and, on the other hand, any private individual or legal entity wishing to make a purchase via the Internet site of the seller (www.en.p-heal.com), hereinafter “the purchaser”.
Article 2 : Object
These conditions of sale define the contractual relations between the seller and the purchaser and also the conditions applicable to any purchase made using the seller's website, whether the purchaser be a professional or a consumer. Acquisition of a product by means of this website shall imply unreserved acceptance by the purchaser of these conditions of sale. These conditions of sale shall prevail over any other general or particular conditions not expressly accepted by the seller. The seller hereby reserves the right to modify these conditions of sale at any time. In such a case, the conditions applicable shall be those in effect at the date of the order by the purchaser.
Article 3 : Characteristics of the goods and services offered
The products and services offered shall be those appearing in the catalogue published on the seller's website. Each product shall be accompanied by a description made by the supplier. The photographs of the catalogue are as faithful as possible but cannot guarantee a perfect likeness with the product offered, particularly as regards the colours. These products and services are offered within the limits of the available stock. If, despite all the seller's efforts, all or part of the articles are unavailable, he shall inform the purchaser of the same by email as soon as possible and offer him the option of choosing between waiting or cancelling free of charge his order of the unavailable articles. The available articles shall be delivered by transporter or by the national postal service to the address specified by the purchaser.
Article 4 : Prices
The prices of the products and services shown on the website are given in euros or in the purchaser's currency, including all taxes (VAT and other applicable taxes). The seller hereby reserves the right to modify his prices at any time. Nevertheless, the prices applicable for the order will be those in effect at the moment of confirmation of the latter. The prices indicated include costs of handling orders and delivery costs.
Article 5 : Geographical areas
Online sale of the products and services listed on the seller's website shall be reserved to purchasers residing in one of the countries mentioned on the purchase page.
Article 6 : Orders
A purchaser wishing to buy a product or a service must :
- Fully complete the identification form with all the details requested (billing and delivery address);
- Complete the online order form, giving all the references of the chosen products or services;
- Validate his/her order after checking it;
- Make the payment according to the established conditions. Confirmation of the order constitutes acceptance of these conditions of sale, and the acknowledgement and full awareness of the same and a waiver of claim of the purchaser's own purchasing conditions or any other conditions.
All the data supplied and the registered confirmation are equivalent to proof of the transaction. Confirmation is equivalent to a signature and acceptance of the operations performed. The seller shall send confirmation of the registered order by email.
Article 6: Three month trial
When the purchaser orders a three months trial, he is in fact “hiring” the product for three months, a period of time considered to be sufficient for him to form an opinion about the product. At the end of the three months’ trial, the seller shall contact the purchaser by email and ask him if the latter wishes to keep the product. The purchaser than has 7 calendar days to reply to this email. If his reply is positive, he must pay the remaining amount subject to the conditions of payment mentioned in the email within 7 calendar days. If his reply is negative, the purchaser must return the product in its original packaging with all the supplied components to the seller's head office at him expense. If the purchaser does not reply within the period specified above, it shall be considered established that the purchaser shall keep the product and shall thereby owe the remaining amount. No extra cost compared to the price of the product if bought immediately shall be billed.
Article 7 : Right of cancellation
The CUSTOMER essentially has the right to exchange or return the PRODUCT to the VENDOR or to a person appointed by the latter without undue delay and the latest within 30 days after informing about his decision to return, unless the VENDOR has offered to pick up the PRODUCT himself.
Article 8 : Payment terms
Payment is by credit card (Visa or Mastercard), by debit card, by bank draft or by Paypal. The article ordered shall remain our exclusive property until full payment of the order has been made by the purchaser.
Article 9 : Deliveries
Deliveries shall be made to the address indicated on the order form which must be in the agreed geographical area. The goods are transported at the risk of the seller until the delivery of the goods to the delivery address specified by the purchaser. From that moment, the purchaser alone shall take on all risks.
Article 10 : Guarantee
With regard to consumers, the seller hereby guarantees the products he sells and the services he provides in accordance with Belgian law of 1 September 2004 on consumer protection in the case of the sale of consumer goods (Articles 1649 bis to 1649 octies of the Belgian Civil Code). In case of nonconformity of a product sold and recognised within 2 years of delivery of the goods, the consumer must notify the seller as soon as possible in a precise manner by registered letter or email. This guarantee only covers defects of conformity existing at moment of the delivery of the goods. Defects or damage from misuse, such as those caused by water, oxidation, dropping or impact, negligence and wear, shall not be covered by the guarantee. Similarly, repairs made by technicians unauthorised by the supplier shall entail cancellation of the guarantee. The invoice or delivery form shall function as as a certificate of guarantee and must be kept by the consumer who must produce the originals of these documents.
Article 11 : Responsibility
In the online sales process, the seller shall be bound only by an obligation of means; he cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, breaks in service, or other unintended problems. Furthermore, the data shown on the site is given in good faith. The links to manufacturers' and / or partners' websites is for information only. The seller cannot be held responsible for information from these sites.
Article 12 : Intellectual property
All the elements of the seller's website are and shall remain his exclusive intellectual property. Nobody shall be allowed to reproduce, use, retransmit or use for any purpose whatsoever, even partially, any elements of the site, whether they be software, visual or sound material. Any simple link or hyperlink is strictly prohibited without the express prior written consent of the seller.
Article 13: Personal data
All personal data required for processing an order shall be retained by the seller or his employees and may be transmitted to delivering companies with which the seller - or his suppliers – is (are) in collaboration when such disclosure is necessary in order to process the order. Furthermore, the user also authorises the seller to use these data to compile statistics to improve his site, the goods and the service he offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the commercial activities of the seller to his customers with written authorization of his customer. Furthermore, the seller hereby undertakes not to disclose the information he holds to another company or another firm. Data kept by the seller may at any time be requested and corrected on demand.
Article 15 : Litigation
These conditions of online sale shall be subject to Belgian law. In case of dispute, the courts of the seller's registered office shall have jurisdiction unless mandatory provisions of public order obtain.
Article 14 : Proof
In the context of their business relationship, the parties hereby accept electronic evidence (for example: email, computer backups etc.).