General conditions of sale - decilo SRL

 

Article 1 - General

These general terms and conditions apply to all offers and to all sales contracts by which decilo SRL, hereinafter referred to as “decilo”, having its registered office in Brussels, acts as a manufacturer, seller of goods or provider of services, hereinafter referred to as the “seller”, “we”, “us”, “our”. For the purposes of these general terms and conditions, “buyer”, “you”, “your” means any customer who places an order with the seller for goods or services. The buyer’s general terms and conditions, under whatever name, shall not apply. When the buyer makes the products available to end users, the buyer undertakes to impose compliance with these general terms and conditions upon them. Any deviation from these general terms and conditions may only be agreed in writing. In the event of any discrepancy between the texts of these general terms and conditions, the French text available on our website www.decilo.be shall prevail.

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Article 2 – Offers & Orders

The information contained in offers, price lists, catalogues, advertisements or on the website is provided for information purposes only and does not constitute a contractual commitment. decilo reserves the right at any time to modify or remove elements without prior notice. The contract with a private buyer is concluded on the day the order is paid and is accepted for immediate execution. The contract with a professional buyer is concluded when we confirm it in writing or when we receive the quotation or offer signed by the buyer. decilo reserves the right to improve or modify at any time the technical characteristics, design or components of its products as part of the continuous development of its products. Any order implies the buyer’s acceptance of receiving a product manufactured according to the technical specifications, improvements and updates in force at the time of manufacturing. No total or partial cancellation or modification of the contract may be accepted unless expressly agreed in writing by decilo. In the event of the conclusion of a contract, you must cooperate with us in the execution of the services. The buyer may be requested to provide additional information necessary for the processing of the order. In the absence of transmission of the information necessary for the processing of the order within thirty (30) days from the seller’s request, the seller may send the buyer a formal notice requesting the provision of such information. If this formal notice remains without effect for a period of fifteen (15) days, the seller may claim a fixed compensation of ten (10)% of the total amount of the order to cover the administrative and management costs incurred.

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Article 3 - Warranty & Returns

Custom-made products manufactured by decilo may benefit from two distinct types of warranty: a statutory warranty of conformity and a fit warranty. The statutory warranty of conformity covers defects of conformity of the product, including manufacturing defects. The fit warranty applies exclusively to custom-made products and covers issues related to comfort, sealing and attenuation. For private buyers acting for non-professional purposes, the statutory warranty of conformity provided under Belgian law applies for a period of two (2) years from the delivery of the goods. This statutory warranty applies without prejudice to any commercial warranties that may be granted by decilo. For professional buyers, decilo grants a commercial warranty of six (6) years covering exclusively manufacturing defects. decilo offers a fit warranty for a period of one (1) month following the delivery date of the product. For partner hearing centres that have signed a collaboration agreement with decilo, decilo offers a fit warranty for a period of three (3) months following the delivery date of the product. Accessories and standard products such as cords or similar items benefit from a statutory warranty of conformity of two (2) years. The statutory or commercial warranty, as applicable, does not cover damage resulting in particular from normal wear and tear of the product or accessories, abnormal, inappropriate or non-compliant use with the instructions for use, lack of maintenance or improper cleaning, modification, repair or intervention carried out by an unauthorised third party, loss, breakage or deterioration of removable parts, accessories or consumable elements, or any cause external to the product. Any allergy, sensitivity or intolerance to the material used does not constitute a manufacturing defect and therefore cannot give rise to coverage under the warranty. Any request to modify the initial order, in particular relating to the material, shape or characteristics of the product, does not constitute a manufacturing defect and cannot therefore be covered under the warranty. The fit warranty covers exclusively one (1) adjustment or, if necessary, one (1) remanufacturing of the product. Any additional intervention may be invoiced. The fit warranty is only applicable to the initial order of the product. Any claim relating to attenuation or sealing defects may require an efficiency or sealing test carried out by decilo or by an authorised partner. Under the warranty, decilo may, as appropriate, repair or replace the product or the element recognised as defective. Any complaint must be addressed by email to support@decilo.be. Any product subject to a warranty claim must be returned to decilo for inspection. After examination, decilo will determine whether the alleged defect is covered by the warranty. Due to the nature of the custom manufacturing process, the return or refund of a custom-made product is not accepted. In accordance with Article VI.53, 3° of the Belgian Code of Economic Law, the right of withdrawal does not apply to goods manufactured according to the consumer’s specifications or clearly personalised. For a standard product or a product not manufactured on a custom basis, you may return your item within fourteen (14) days following receipt of the product for a refund. Please contact decilo beforehand by sending an email to support@decilo.be. To be eligible for a refund, the standard product must be returned in new, unused, complete condition and in its original packaging with all accessories. Any product that is damaged, incomplete or showing signs of use will not be eligible for a refund. Return costs are not refundable.

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Article 4 - Prices  

The prices mentioned are expressed in euros and apply from a decilo point of sale, excluding taxes, unless otherwise stated in writing. Any tax or duty applicable under Belgian or foreign legislation shall be borne 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 determining the price, even if this increase results from foreseeable circumstances. If the total price of a concluded contract is modified by more than twenty (20)%, you are authorised to cancel the agreement. If the aforementioned price increase applies only to a clearly distinct part of the agreement, cancellation may only take place for that part.

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Article 5 - Delivery, Transport & Transfer of Risks

Standard delivery takes place at a decilo point of sale. If delivery is non-standard, a delivery address is agreed in writing with the seller. For professional buyers, the transfer of risk occurs when the goods are handed over to the carrier or when they leave a decilo point of sale. For private buyers, the transfer of risk occurs only when the buyer, or a third party designated by the buyer other than the carrier, physically takes possession of the products, except where the transport is carried out by a carrier chosen by the buyer and not proposed by decilo. Delivery times are given for information purposes only and are not binding. Failure to comply with them may under no circumstances give rise to cancellation, penalty or compensation of any kind. As soon as the seller becomes aware of facts or circumstances that make it impossible to deliver within the agreed time, the seller shall inform the buyer as soon as possible, indicating a new delivery time. The buyer must immediately verify the apparent conformity and completeness of the delivery upon receipt of the products. Any shortage, visible damage or delivery error must be notified in writing to the seller within a maximum period of fifteen (15) calendar days following receipt of the goods. After this period, apparent defects in delivery shall be deemed accepted by the buyer, without prejudice to the application of statutory or commercial warranties for non-apparent defects. Shipping costs for sending products to decilo in the context of a warranty claim shall be borne by the customer. The cost of reshipping by decilo shall be borne by decilo only when the defect is recognised as covered by the warranty. The delivered products remain the property of decilo until full payment of the price. We cannot be held responsible for the consequences of incorrect information communicated by the buyer.

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Article 6 - Intellectual Property

Copyrights, image rights, patents, trademarks, models and all other industrial and intellectual property rights relating to all products sold and manufactured by decilo, as well as the moulds, models, tools and manufacturing processes designed, developed or used by decilo, belong to decilo, even if they have been manufactured according to instructions, drawings or orders, unless otherwise agreed. Any reproduction, copying, distribution, modification or use of these elements without the prior written authorisation of decilo is prohibited. In the event of violation of these rights, any person shall be liable for a fixed compensation immediately payable of ten thousand (10,000) euros excluding taxes per violation, without prejudice to any other rights to damages.

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Article 7 - Payment

For private buyers, payment must be made at the time of the order. For private buyers, any interest and compensation due in the event of late payment shall be limited to those authorised by applicable legislation. For professional buyers, the payment term is always thirty (30) days at the latest after the invoice date, unless otherwise agreed. Payment must be made at a decilo point of sale or to a bank account designated by the seller. For professional buyers, any unpaid amount on the due date shall automatically and without formal notice bear late payment interest equal to the statutory interest rate increased by two (2)%, as well as a minimum fixed compensation of one hundred (100) euros, without prejudice to reimbursement of justified recovery costs. In the event of non-payment forty-eight (48) hours after a formal notice that has remained unsuccessful, the seller may terminate the contract by operation of law. In the event of recovery of the debt by the litigation department, the related costs shall be borne by the buyer. Payments must be made without any deduction to the bank account indicated by decilo.

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Article 8 - Liability

Our company shall not be held liable to the customer for any representation or implied warranty relating to any consequential loss or damage, including loss of profit, expenses or other claims, or any consequential compensation whatsoever arising from a service, including ear impression taking, the manufacture of goods, the sale of goods or their use. The buyer and the user are responsible for the use of the product under normal conditions and in accordance with its intended purpose. Ear impression taking with the Otoscan® from Otometrics is intended for persons aged eighteen (18) years and over. For minors, you confirm that a legal guardian authorises you to take the ear impression and to order our products. In the event that we are held liable for any damage, our total liability shall in no event exceed the invoiced price of the products that are the subject of the claim, except in the case of gross negligence or intentional fault. decilo shall not be held liable in the event of force majeure preventing temporarily or permanently the performance of its obligations.

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Article 9 - Applicable law and jurisdiction

All contracts concluded with our customers are exclusively governed by Belgian law and only the Belgian courts and tribunals having jurisdiction shall be competent to hear any disputes. If one of the provisions of these general terms and conditions is declared null or unenforceable, the other provisions shall remain fully applicable. decilo reserves the right to modify these general terms and conditions at any time. The applicable conditions are those in force at the time of the order.