Table of contents:

  • Article 1 – Definitions
  • Article 2 – Identity of Surgi-Tec
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The agreement
  • Article 6 – Return Policy
  • Article 7 – Costs of Returning Goods
  • Article 8 – Exclusion of the right to return Goods
  • Article 9 – The price
  • Article 10 – Compliance and warranty
  • Article 11 – Delivery and execution
  • Article 12 – Payment
  • Article 13 – Complaints handling
  • Article 14 – Disputes
  • Article 15- Additional or different provisions
  • Article 16 – Privacy Policy

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:
Customer: the person or firm who purchases goods from Surgi-Tec nv;
Day: calendar day;

Durable medium: any means that enables the customer or Surgi-Tec to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Surgi-Tec: Surgi-Tec nv, is a registered company in Ghent, Belgium. With company number 0461617654 and registered address: Poortakkerstraat 43, 9051 Ghent, Belgium.

Distance agreement: an agreement whereby, within the framework of a system organised by Surgi-Tec for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the customer and Surgi-Tec having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of Surgi-Tec

Article 2 – Identity of Surgi-Tec

Surgi-Tec nv
Poortakkerstraat 43
9051 Gent
België
003292300569 (ma-vrij 9u-16u)
Info@surgi-tec.com
www.surgi-tec.com
VAT number: BE 461.617.654

Article 3- Applicability

These General Terms and Conditions apply to every offer made by Surgi-Tec via the Surgi-Tec Webshop and to every distance purchase agreement and order concluded between Surgi-Tec and the customer via the webshop.

Before the distance purchase agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance purchase agreement is concluded, it will be indicated that the general terms and conditions can be inspected at Surgi-Tec and they will be sent free of charge at the Customer’s request as soon as possible.

If the distance purchase agreement is concluded electronically, contrary to the previous paragraph and before the distance purchase agreement is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance purchase agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the customer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the customer may always rely on the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. Surgi-Tec is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Customer. If Surgi-Tec uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Surgi-Tec.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the purchase agreement.
Each offer contains such information, that it is clear to the Customer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

  • the visiting address of the branch of Surgi-Tec to which the customer can address complaints;
  • the information on guarantees and existing after-sales services;
  • the delivery note;
  • the invoice.

Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6- Return Policy

Upon delivery of products:

When purchasing products, the customer has the possibility of dissolving the purchase agreement for 14 days. This cooling-off period starts the day after receipt of the product by the Customer or a representative previously designated by the Customer and made known to Surgi-Tec.

During the cooling-off period, the customer will handle the product and its packaging with care. Goods can only be returned if the packaging is completely undamaged. Return the goods to Surgi-Tec in the original condition and packaging, in accordance with the clear instructions provided by Surgi-Tec. For quality and patient safety reasons, we have to be very strict about which products we can or cannot take back.
If the Customer wishes to exercise his right of returning goods, he is obliged to notify Surgi-Tec within 14 days after receipt of the product. The return request must be accompanied by a photo of the packaging and the reason for the return and must be forwarded to info@surgi-tec.com. Once the customer has notified his/her wish to exercise the right of returning goods and has received approval to return the goods, the customer must return the product within 14 days. The customer has to prove that the delivered goods have been returned on time, e.g. by means of a proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the Customer has not expressed the wish to exercise the right of returning goods or has not returned the product to Surgi-Tec, the sale is a fact.

Article 7 – Costs of Returning Goods

If the customer exercises his right of returning goods, he shall bear the costs of the return shipment.

If the customer has paid an amount, Surgi-Tec will refund this amount as soon as possible, but at the latest within 30 days after receipt of the goods by Surgi-Tec.

Provided that both the packaging and the product are completely undamaged and in perfect condition.

If the product is damaged due to careless handling by the customer, the customer is liable for any depreciation in the value of the product.

Article 8 – Exclusion of the right to return Goods

Surgi-Tec may exclude the Customer’s right of withdrawal for products as defined in paragraph 2. The exclusion of the right of withdrawal only applies if Surgi-Tec has clearly stated this in the offer, at least in time for the conclusion of the sales contract.

Exclusion of the right of withdrawal is only possible for products:

  • which have been created by Surgi-Tec in accordance with the Customer’s specifications;
  • which are clearly personal in nature;
  • which cannot be returned due to their nature;
  • which spoil or age quickly;
  • whose price is linked to fluctuations in the financial market over
  • which Surgi-Tec has no influence;
  • for hygiene products of which the Customer has broken the seal
  • for sterile or medically cleaned products of which the packaging has been damaged or opened due to careless handling by the customer.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the final offer are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Surgi-Tec is not obliged to deliver the product according to the incorrect price.

Article 10 – Compliance and warranty

Surgi-Tec guarantees that the products comply with the purchase agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the purchase agreement. Surgi-Tec’s products can only be used for the intended use as indicated in the IFUs.

A guarantee provided by Surgi-Tec, the manufacturer or importer does not affect the legal rights and claims that the customer can assert against Surgi-Tec under the purchase agreement.

Any defective or incorrectly delivered products must be reported to Surgi-Tec in writing within 2 weeks of delivery. Products must be returned in their original packaging and in new condition.

Surgi-Tec’s warranty period corresponds to the manufacturer’s warranty period. However, Surgi-Tec is never responsible for the final suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

Surgi-Tec products should only be used by professionals and according to the instructions in the IFUs. Surgi-Tec is not responsible for any advice given on use. The professional bears full responsibility for their use.

The guarantee does not apply if:

  • The customer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of Surgi-Tec and/or on the packaging;

Article 11 – Delivery and execution

Surgi-Tec will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address made known to the company by the customer.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the customer will be informed about this at the latest 30 days after the order was placed. In that case, the customer has the right to dissolve the agreement without costs. The customer is not entitled to any compensation.

All delivery periods are indicative. The customer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the customer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, Surgi-Tec will refund the amount paid by the customer as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product proves impossible, Surgi-Tec will endeavour to make available a replacement item, in consultation with the customer. At the latest upon delivery, it will be communicated in a clear and comprehensible manner that a replacement item is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Surgi-Tec.

The risk of damage and/or loss of products rests with Surgi-Tec until the time of delivery to the Customer or a representative designated in advance and made known to Surgi-Tec, unless expressly agreed otherwise.

Article 12- Payment

Payment is made via the web shop and the goods will be delivered upon receipt of payment.

The customer has the duty to report inaccuracies in payment details provided or mentioned to Surgi-Tec without delay.

In the event of non-payment by the customer, Surgi-Tec is entitled, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.

Article 13 – Complaint handling

Surgi-Tec shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints on the performance of the agreement must be submitted to Surgi-Tec fully and clearly described within 7 days after the customer has received the goods.

Complaints submitted to Surgi-Tec will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Surgi-Tec will reply within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
In case of complaints, a customer should first turn to Surgi-Tec. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend Surgi-Tec’s obligations, unless Surgi-Tec indicates otherwise in writing.

If a complaint is found to be justified by Surgi-Tec, Surgi-Tec will, at its discretion, either replace or repair the delivered products free of charge.

Article 14- Disputes

Purchase agreements between Surgi-Tec and the Customer to which these general terms and conditions apply are governed exclusively by Belgian law and disputes shall be brought before the courts of Ghent by the first party to take action. Even if the customer is resident abroad.
The Vienna Sales Convention is not applicable.

Article 15 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

Article 16 – Privacy Policy

16. I. General

Surgi-Tec NV (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.

For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at www.surgi-tec.com The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Service.

16. II. GDPR Additions

By providing your data on the contact form on Surgi-Tec’s website, on paper or via e-mail, all entered data is primarily used to optimize the communication between you (the customer) and Surgi-Tec NV. This way, the customer’s service can be optimized and the traceability can be guaranteed. Surgi-Tec NV uses this data to fulfill the purpose of the agreement.

If you agreed to give Surgi-Tec the permission to use your data for service optimization and newsletters, we can/will update you with innovations, publications and other news about our company. Surgi-Tec NV uses this data based on the explicit permission of the user.

If Surgi-Tec NV should provide data to a company outside of the EU, we will ensure that these are companies with GDPR compliant policies. If you feel like your personal date was treated in an incorrect way, you are always allowed to file a complaint to the Privacy Committee. Your additional rights are listed in chapter XIII: “Additional rights for the user”.

Surgi-Tec will notify the user when Surgi-Tec intends to further process the personal data for a purpose other than that for which the personal data were collected. Surgi-Tec will provide you with information on that purpose and the necessary extra information, prior to the processing.

16. III. Consent

By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive e-mails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.

16. IV. Information we collect

We may collect “Personal Information” about you, this includes information that can be used to personally identify you, such as your name, address, e-mail address and phone number.

16. V. How we use and share information

Personal Information:

We do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for your specific order for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.

However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.

In addition, we may disclose your Personal Information if required to do so by law.

16. VI. How we protect information

We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.

16. VII. Your rights regarding the use of your personal information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, we may continue to send you administrative e-mails including, for example, updates to our Privacy Policy.

16. VIII. Links to other websites

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

16. IX. Age of consent

By using the Service, you represent that you are at least 18 years of age.

16. X. Changes to our privacy policy

The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your e-mail address to us, you give us permission to e-mail you for the purpose of notification as described in this Privacy Policy.

16. XI. Merger or acquisition

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used. We will only provide it to a company with GDPR compliant policies.

16. XII. Email communications and opting out

We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an e-mail. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by e-mail or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those e-mail updates, you may opt-out of receiving them by following the instructions included in each update or communication.

16. XIII. Additional rights for the user

Surgi-Tec NV and the Client shall be bound to secrecy of all confidential information they have received within the scope of the agreement from the other party. Information shall be considered to be confidential if the other party has indicated so or if the confidential character results from the nature of the information.

If a statutory provision or a judicial decision compels Surgi-Tec NV to convey confidential information to third parties designated by law or by the court and Surgi-Tec NV cannot for that purpose invoke a legal right to refuse to give evidence or such a right acknowledged or allowed by the competent court, Surgi-Tec NV shall not be held to pay damages or compensation and the Client shall not be entitled to demand the dissolution of the agreement on the ground of any damage resulting from said circumstance.

If the client invokes a right, Surgi-Tec NV will respond within one month of receipt of the request. Depending on the complexity of the request, this period can be extended by another 2 months.

The client, of which Surgi-Tec NV holds data, has the right to view certain data and to receive additional information if requested. Surgi-Tec NV can also provide a free copy of the processed personal data within the month (renewable by 2 months).

The client, of which Surgi-Tec NV holds data, has the right to correct incorrect or incomplete personal data. Surgi-Tec NV will inform any recipient, to whom they have provided personal data, of a correction, unless this is impossible or requires a disproportionate amount of effort.

The client, whose data Surgi-Tec NV is tracking, may ask to be ‘forgotten’ and removed from Surgi-Tec’ database. This request for removal can also be refused in a number of cases: traceability of implants, employer’s contracts, data needed for legal purposes,… . Surgi-Tec NV will inform any recipient, to whom Surgi-Tec NV has provided personal data, of a removal, unless this is impossible or requires a disproportionate amount of effort.

In a number of cases the data subject (client) may ask to limit the scope of the processed personal data. Surgi-Tec NV will inform any recipient to whom Surgi-Tec NV have provided personal data of a restriction, unless this is impossible or requires a disproportionate amount of effort. Surgi-Tec NV will try to keep the client’s data up to data as much as reasonably possible.

16. XIV. Contact us and withdrawing consent

If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an e-mail to info@surgi-tec.be