These General Terms and Conditions form part of the agreement as entered into between GYNETICS MEDICAL PRODUCTS N.V. on the one hand, and the customer/buyer, on the other.
No deviation from these General Terms and Conditions is permissible.
The General Terms and Conditions of the customers/buyers are hereby expressly excluded.
The customer expressly accepts the application of these terms and conditions when he/she completes the registration or makes use of the webshop.
The invalidity of any provisions of these General Terms and Conditions or any part of its clauses shall not affect the validity of the remaining provisions, which shall retain their full validity between the parties.
Clause 2 - Formation of the Agreement:
After the buyer enters the necessary information relating to the application/registration, at his/her own initiative, GYNETICS MEDICAL PRODUCTS N.V. shall investigate the registration, and has the unrestricted right, without the need to state additional grounds, to refuse to register a buyer, and thereby to prevent a purchase/sale from taking place.
After GYNETICS MEDICAL PRODUCTS N.V. approves the buyer’s registration, the buyer shall have full access to the webshop, where he/she may select the products offered for sale as per his/her own sole discretion, and may conclude a purchase/sale after such selection.
After selecting the desired products, the buyer should pay for the products selected and purchased immediately via the payment system, currently OGONE and ATOS, provided by GYNETICS MEDICAL PRODUCTS N.V. on the above website, and must then select the mode of transport according to his/her discretion.
The pictures, drawings, dimensions, weight specifications, etc. presented in the webshop are only indicative, unless GYNETICS MEDICAL PRODUCTS N.V. has expressly guaranteed that the same are an exact representation of the item.
Clause 3 - Pricing:
All prices are exclusive of VAT and the customer/buyer shall be liable to pay all the taxes, state taxes, import duties of any nature whatsoever, along with the costs of transporting and importing the same into the United States of America via the delivery service selected by the buyer/counter-party.
Clause 4 – Delivery:
If the last date of delivery has been specified, the same shall be applicable in strict accordance with the provisions set out below.
If the seller fails to deliver the goods sold by the last date of delivery, the buyer may demand the execution of the contract through notice sent by registered mail, within 2 months of the date of dispatch of such notice. If the seller fails to remedy its default within this period of two months, the buyer shall have, by operation of law, the right to terminate the agreement, provided notice concerning the same is sent to the seller. In such case, the buyer shall only be entitled to a refund of all the amounts paid.
The preceding paragraph shall however not apply if the seller was unable to meet the delivery date due to circumstances outside its control that were unforeseeable under normal circumstances, and provided the seller notifies the buyer thereof within 14 days after he/she became aware of the existence of the said circumstances, but no later than the last date of delivery.
Clause 5 – Dispatch:
Sales via the webshop shall be subject to ex-works delivery.
The risk on the goods shall pass to the buyer when the seller delivers the goods to the buyer by handing them over to the transportation company engaged and to be paid for by the buyer. The buyer shall bear risk of storage, loading, transport and unloading (i.e. the entire transportation process up to the destination) from the time of concluding the purchase/sale (which occurs when the buyer makes a selection at the webshop). The buyer may obtain insurance against these risks, subject to the conditions specified in the webshop pages.
Clause 6 – Complaints
Clause 6.1 Quantities:
The buyer should check the quantities on the day of delivery, and shortcomings if any should be notified to the seller on the same day by registered mail, or remarks concerning the same should be noted directly on the delivery note.
On failure to do so, the buyer shall lose all right of recourse in connection with the inaccuracy of the quantity delivered, which shall be deemed to be correct, without it being possible to present any proof to the contrary.
Clause 6.2 – Complaints concerning defects if any:
The buyer shall immediately inspect each delivery upon receipt.
Complaints about delivery should be notified to us by registered mail within 5 working days after receipt of the goods.
Such notification must contain a detailed and exhaustive list of the defects.
The use of even a portion of the delivery shall constitute approval of the same.
Clause 7 - Payments:
Payment for the purchased goods must be made immediately using the OGONE and ATOS payment systems provided on the webshop. The seller dissociates itself from any dispute that might arise between the payment system provider and webshop users, namely the buyer, and does not accept any liability whatsoever in this regard.
If GYNETICS MEDICAL PRODUCTS N.V. finds grave indications of the abuse of the payment system or of fraud, it reserves the right to suspend or to cancel the order, and to cancel the buyer’s registration, without notice, and without the buyer thereby acquiring any right to damage compensation.
If the buyer refuses to accept the correct goods sent in an undamaged condition, GYNETICS MEDICAL PRODUCTS N.V. reserves the right to suspend the execution of all the current orders, without prior notice of default to the buyer or the buyer acquiring any right to damage compensation thereby.
Clause 8. Guarantee - liability:
Unless otherwise agreed, GYNETICS MEDICAL PRODUCTS N.V. gives a guarantee of 12 months on the shelf life of medical, scientific and industrial products purchased, and such guarantees shall commence on the date of purchase or selection of the product on the webshop.
The seller guarantees that its products shall conform to the relevant product descriptions that GYNETICS MEDICAL PRODUCTS N.V. communicates to the buyer by means of the pictures and descriptions on the webshop.
This guarantee is exclusive, and GYNETICS MEDICAL PRODUCTS N.V. provides no other guarantee, express or implied, including any implied guarantee whatsoever, of merchantability or fitness for a particular purpose.
The guarantees provided by GYNETICS MEDICAL PRODUCTS N.V. in connection with this sale shall not apply if GYNETICS MEDICAL PRODUCTS N.V. has, according to its own better judgement, made the finding that the buyer has in any way improperly used the products, or has failed to use the products in accordance with industry standards or practices, or has not used the products in conformity with any Instructions for Use provided by GYNETICS MEDICAL PRODUCTS N.V.
The sole and exclusive liability of GYNETICS MEDICAL PRODUCTS N.V. and the exclusive recourse available to the buyer in connection with products in respect of which it is sufficiently proved to the seller that the same are defective or non-conforming, shall consist in the replacement of such products without charge, or the refund of the price, according to the sole discretion of GYNETICS MEDICAL PRODUCTS N.V., and after the return of such products in accordance with the guidelines of GYNETICS MEDICAL PRODUCTS N.V.
GYNETICS MEDICAL PRODUCTS N.V. shall in no case be liable for additional, consequential or special damages of any kind whatsoever, caused by any use of or defect in the products, even if GYNETICS MEDICAL PRODUCTS N.V. was informed about the possibility of such damage.
The same applies to damage or loss caused by such product, including personal injury or property damage, unless such personal injury or property damage is caused by gross negligence on the part of GYNETICS MEDICAL PRODUCTS N.V.
All claims, regardless of their nature, must be filed within 3 months after delivery.
Clause 9 – Force majeure:
Each instance of force majeure or accident shall, by operation of law, relieve GYNETICS MEDICAL PRODUCTS N.V. of any obligation, without giving rise to a claim for damage compensation.
If GYNETICS MEDICAL PRODUCTS N.V. depends on deliveries from third parties, the aforesaid provisions shall also apply in case of conditions on the part of the supplier of GYNETICS MEDICAL PRODUCTS N.V., that would delay the delivery.
The following shall be regarded as instances of force majeure: accidents, equipment breakdown, exceptional traffic problems, exceptional weather conditions, storage, etc.
The above list is only indicative.
The parties shall have the right to terminate the contract without any damage compensation being payable by one party to the other, if the force majeure continues, or it is found that the same shall continue for a period of at least 120 days.
Clause 10. Disputes:
Belgian law is applicable to the contract concluded between the parties, and its consequences.
In case of a dispute between the parties, only the courts of the judicial district of Tongeren (Belgium) shall be competent to hear the disputes arising between the parties.
The buyer accepts the aforesaid clause on applicable law and jurisdiction by registering on the website and concluding a purchase/sale.