General conditions of sale - decilo SRL

 

Article 1 - General

These general conditions apply to all offers, quotations and sales contracts by which decilo SRL, hereinafter referred to as "decilo", with its headquarters in Brussels, acts as a manufacturer or seller of goods or supplier of services, hereinafter referred to as "seller", "we", "us", "our". For the purposes of these general conditions, "buyer", "you", "your" means any customer who places an order with the seller for goods or services. When a customer allows third parties, who are then end users, to use our products and/or services, the customer is responsible for applying these terms and conditions to them and for checking that they are respected. Exceptions to these general conditions can only be agreed upon a written agreement concluded between the parties. The general conditions of the buyer, under whatever name, do not apply. In the event of any divergence between the wording of these general terms and conditions, the text in french on our website www.decilo.be shall be considered as the authentic text.

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Article 2 – Quotations, Offers & Orders

The information contained in our offers or quotations (oral and written), price lists, illustrations, drawings, calculations, measurements, specifications, brochures, advertisements, website and other documents is for information purposes only and is not binding. decilo reserves the right, at any time, to modify or delete elements without notice. The contract with a private buyer is concluded on the day of the payment of the order and accepted for immediate execution. The contract with a professional buyer is concluded when we confirm it in a written form or when we receive in return the written quotation or offer signed by the buyer. No total or partial cancellation or modification of the contract can be accepted, unless expressly specified otherwise in a written agreement by decilo. In the event of the conclusion of a contract, you must cooperate with us regarding the execution of the contract. The buyer may be asked to provide additional information relating to his order and conditioning its processing. If the said information is not provided within thirty (30) days of receipt of the order by the seller, you are legally in default and are liable for a late payment penalty corresponding to thirty (30)% of the total amount of the order, which will be charged and due immediately. This penalty is calculated on the amount of the amount due, all taxes included, and runs from the due date without any prior formal notice being necessary.

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Article 3 - Warranty & Returns

The legal guarantee of conformity of decilo covers defects of conformity that occur after the delivery of the custom-made product. For individuals, in case of a manufacturing defect, a warranty period of one (1) year is applied. For professionals, in case of a manufacturing defect, the warranty period is six (6) years. decilo offers a warranty on the fit and a warranty on the seal for a period of one (1) month following the date of invoice or delivery of the product (whichever is earlier). For hearing center partners who have signed a collaboration contract with decilo, decilo offers a warranty on the fit and a warranty on the seal for a period of three (3) months following the date of invoice or delivery of the product (whichever is earlier). The warranty on fit is not linked to the warranty on tightness: tightness may be adequate even though the fit is uncomfortable and vice versa. We are exonerated from any warranty against latent defects in the item sold, defects and deterioration caused by normal wear and tear, by an external accident (e.g. faulty maintenance, abnormal use, etc.), by the intervention of a third party, or by a modification of the product not foreseen or specified by the seller. If the warranty period is exceeded, any claim against decilo shall be null and void. The only obligation incumbent on the seller under the warranty shall be the free replacement or repair of the product or the part recognized as defective.  Any product called to benefit from the warranty must be submitted to the seller whose agreement is essential for any replacement or repair. Any complaint about our products or services must be sent by letter registered with acknowledgement of receipt to decilo's headquarters or by e-mail to support@decilo.be. Due to the nature of the custom fit manufacturing process, returns or refunds of a custom fit product is not accepted. For a standard or a non custom fit product, you may return your item within 30 days of receipt of the product for a refund. Please contact decilo in advance by sending an email to support@decilo.be. To be eligible for a full refund, the item must be in perfect resalable condition with all accessories included and must be delivered to decilo’s headquarters. Return shipping costs are not refundable. No returns or refunds will be accepted after 30 days.

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Article 4 - Prices  

The prices are in euros, and are to be understood from a decilo point of sale, excluding taxes, unless otherwise expressly stated. Any taxes, duties or other services to be paid in application of Belgian regulations or those of an importing or transit country are to be paid by the buyer. We reserve the right to modify our prices at any time in the event of an increase in one or more factors affecting the price, even if this increase results from predictable circumstances. If the total price of an agreed contract is changed by more than twenty (20)%, you are allowed to cancel the contract. If the above-mentioned price increase only applies to a clearly distinct part of the contract, the cancellation can only take place for that part.

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Article 5 - Delivery, Transport & Transfer of Risks

The standard delivery is at a decilo point of sale. If the delivery is non-standard, a delivery address is defined with the vendor. Delivery, transport and any other possible costs related to logistics are always at the expense of the buyer determined by the seller on the basis of the costs applied by the carrier, at the risk of the buyer. The transfer of risk on the goods sold by the seller takes place when the goods are handed over to the carrier or when exiting a decilo point of sale. Goods travel at the risk of the buyer, to whom it is the responsibility, in the event of loss, delay, or failure, to make any claim or to exercise any right of recourse against the carriers. We cannot be held responsible for the consequences of the communication of incorrect data. Delivery times are given as an indication and are not binding. Failure to respect them can in no circumstances lead to any cancellation, penalty or any compensation. As soon as the seller becomes aware of facts and/or circumstances that make it impossible to deliver within the agreed period, he shall inform the buyer as soon as possible, indicating a new delivery time.

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Article 6 - Ownership

The copyrights, image rights, patents, trademark, models and all other industrial and intellectual property rights on all products sold and manufactured by decilo and the shapes and tools manufactured, designed and sold by decilo, belong to decilo, even if they were manufactured on instructions, drawings or orders, unless expressly specified otherwise in a written agreement by decilo. No copying, distribution or other use of these materials is permitted without the written permission of decilo. In the event of any infringement of these rights, any person is liable to an immediately due fine of ten thousand (10,000) euros excluding taxes per infringement, without prejudice to his other claims for damages. Ownership of the delivered goods shall only pass from the seller to the buyer once the buyer has paid the full amount of the purchase price and all that it owes the seller according to the contract.

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Article 7 - Payment

For private buyers, payment must be made at the time of the order. For professional buyers, the payment term is always thirty (30) days at the latest after the invoice date, unless expressly specified otherwise in a written agreement by decilo. Payment must be made in a decilo point of sale or on a bank account designated by the seller. If the buyer does not pay within the agreed period, the seller shall be entitled to charge the buyer, on the outstanding amount, an interest rate equal to the legal interest plus two (2)%, payable by operation of law and without any notice being required with effect from the due date, as well as all judicial and extrajudicial costs relating to the collection of its claim, including, among others, the costs of summons and all other direct and indirect costs of recovery. In each case, the amount that the counterparty is obliged to pay in relation to the costs of the extrajudicial demand shall not be less than one hundred (100) euros. In the event of non-payment forty-eight (48) hours after the issue of an unsuccessful formal notice, the sale will be carried out by right if the seller decides to do so. In the event of recovery of the debt by the litigation department, the related costs will be charged to the buyer. If a contract is concluded with a private buyer, decilo shall only be entitled to the remuneration provided for by law.  Payments must be made without any deductions to the bank account indicated by decilo.

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Article 8 - Liability

Our company shall not be liable to the customer for any implied representations or warranties with respect to any consequential loss or damage, whether for loss of profit, expenses or other claims, or any consequential compensation whatsoever, arising out of any service (e.g. impression taking), manufacture of goods, sale of goods or use of the goods. No compensation will be due by our company, whether for damages to third parties, direct or indirect, commercial or financial damage or for any other cause. The buyer and the user are entirely responsible for any damage that may result from the use of the product. Ear impression with the Otoscan® from Otometrics is intended for individuals of eighteen (18) years of age and older. For minors, you confirm that a legal person authorizes you to take your ear impression and to order our products. In the event that we are considered to be liable for any damage of any kind, our total liability shall under no circumstances exceed the invoice price of the products that are the subject of the claim. We are not responsible for complying with any obligation in case of force majeure.

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Article 9 - Applicable law and jurisdiction

All contracts that we conclude with our customers are exclusively governed by Belgian law and only Belgian courts and tribunals with jurisdiction are competent to hear any disputes. If any other law is applicable for reasons of international law, the Belgian legislation on market practices and consumer protection will be referred to first and foremost for the interpretation of these general terms and conditions.