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 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.