General terms & conditions

General terms and conditions of sale OrthoCareShop

Company data


MacMedia BV

Trade Name: OrthoCareShop

Castle avenue 13, 9831 Deurle

[email protected]
+32 475 38 95 92
Company number: 0739541064

VAT number: BE0739.541.064

RPR Ghent

Article 1: General provisions

The e-commerce website of OrthoCareShop a BV with registered office at Kasteeldreef 13, 9831 Deurle, BTW BE 0739.541.064, RPR Gent, offers its customers the possibility to buy the products from its webshop online.

These General Terms and Conditions ("Conditions") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order through the web shop of OrthoCareShop, the Customer must explicitly accept these Terms and Conditions, by which he agrees to the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Client are excluded, unless they have been previously, in writing and explicitly accepted by OrthoCareShop.

Article 2: Price

All mentioned prices are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are meant for decoration and may contain elements that are not included in the price.

Article 3: Offer

Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind OrthoCareShop. As far as the accuracy and completeness of the offered information is concerned, OrthoCareShop is only bound by a best efforts obligation. OrthoCareShop is in no case liable in case of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we ask the Customer to contact our customer service in advance.

The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time by OrthoCareShop. OrthoCareShop cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

Article 4: Online purchases

OrthoCareShop ordering procedure:

  1. Make your product choice
  2. click on 'Add to cart
  3. Click on 'Continue' to fill in your details
  4. Indicate whether the shipment is to be sent to the address entered or to another address
  5. If the shipment has to be sent to a different address, please fill in the details. If shipping to the same address, proceed to point
  6. Pass on your delivery time
  7. Indicate your payment method with which you want to make the purchase.
  8. Check your order & check that you agree to the terms and conditions
  9. Press 'buy' to complete your order.

Your purchase is now confirmed and you will receive a confirmation email with your invoice and proof of payment.

As soon as we have the track & trace number for the delivery, you will receive an email with all the details and you can use the Track & Trace number to track your order until it is delivered or picked up.

The customer has the choice between the following payment methods

by credit card or via debit card

OrthoCareShop is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved. 

Article 5: Delivery and execution of the agreement

Items ordered through this webshop will be delivered in Western Europe.

The delivery is done by BPost. Delivery time is in accordance with the delivery terms used by Bpost. Orders placed before 12 noon will be shipped on the day itself.

Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.

Any visible damage and/or qualitative defect of an article or other shortcoming in the delivery, must be reported by the Customer to OrthoCareShop immediately.

The risk of loss or damage is transferred to the Client as soon as he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk already passes to the Client upon delivery to the carrier, if the carrier has been instructed by the Client to transport the goods and this choice was not offered by OrthoCareShop.

Article 6: Retention of title

The delivered items remain the exclusive property of OrthoCareShop until the moment of full payment by the Customer.

If necessary, the Client undertakes to inform third parties of OrthoCareShop's retention of title, e.g. to anyone who would seize items that have not yet been fully paid for.

Article 7: Right of revocation

The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from OrthoCareShop.

The Customer has the right to revoke the agreement within a period of 14 calendar days without giving reasons.

The revocation period expires 14 calendar days after the day, including:

"on which the Client or a third party designated by the Client, who is not the carrier, acquires physical possession of the good";

"on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last item of goods;

"on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last consignment or part;

"on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the first item of goods.".

In order to exercise the right of withdrawal, the Client must inform OrthoCareShop, kasteeleldreef 13, 9831 Deurle (telephone: +32 475389592, e-mail: [email protected]) of its decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post, fax or e-mail). For this purpose, the Customer may use the attached model revocation form, but is not obliged to do so.

In order to meet the revocation deadline, the Customer must send his notice of his exercise of the right of revocation before the revocation deadline has expired.

The Client must return or hand over the goods to OrthoCareShop without delay, but in any case no later than 14 calendar days after the day on which he has communicated his decision to revoke the contract to OrthoCareShop, (address: kasteeleldreef 13, 9831 Deurle). The Customer will be on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods (cost of shipment determined by the shipping company) are at the expense of the Customer.

The Customer is requested to return the items in their original condition and packaging, with all accessories supplied with them, and instructions for use. If the returned product has been reduced in value in any way, OrthoCareShop reserves the right to hold the Customer liable and to claim damages for any reduction in value of the goods resulting from the Customer's use of the goods beyond what is necessary to determine the nature, characteristics and operation of the goods.

All returned items will be carefully examined. The starting point here is that the Consumer may only inspect the item as he would be allowed to do in a shop. Returned items may be fitted, but may not have been used. If an article has suffered a reduction in value due to the use of the Customer, this will be charged to the Customer.

If the Customer cancels the agreement, OrthoCareShop will refund all payments received from the Customer up to that moment, including the standard delivery costs, within a maximum of 14 calendar days after OrthoCareShop has been informed of the Customer's decision to cancel the agreement. In case of sales agreements, OrthoCareShop can wait with the refund until he has received all goods back.

Any additional costs as a result of the Client's choice of another method of delivery than the cheapest standard delivery offered by OrthoCareShop will not be refunded.

OrthoCareShop will reimburse the Client using the same means of payment with which the Client performed the original transaction, unless the Client has expressly agreed otherwise; in any case, the Client will not be charged for such reimbursement.

The Client cannot exercise the right of revocation for:

the supply or provision of goods or services of which the price is linked to fluctuations in the financial market that are beyond OrthoCareShop's control and which may occur within the revocation period;
the supply of goods manufactured according to the Client's specifications, or which are clearly intended for a specific person;
the delivery of goods that spoil quickly or have a limited shelf life;
the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
the delivery of goods which, by their nature, have been irrevocably mixed with other products after delivery;
agreements in which the Customer has specifically requested OrthoCareShop to visit him in order to carry out urgent repairs or maintenance there;

Article 8: Warranty

Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.


In order to make a claim under the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact the OrthoCareShop customer service and return the item to OrthoCareShop at his expense.

If a defect is found, the Client must inform OrthoCareShop as soon as possible. In any case, each defect must be reported by the Client within a period of 2 months after its determination. After that, any right to repair or replacement expires.

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the user instructions or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer provides evidence to the contrary.

Article 9: Customer service

The customer service of OrthoCareShop can be reached at the telephone number +32475 38 95 92, by e-mail at [email protected] or by post at the following address OrthoCareShop, kasteeldreef 13, 9831 Deurle. Possible complaints can be directed to this address.

Article 10: Penalties for non-payment

Without prejudice to the exercise of other rights available to OrthoCareShop, in the event of non-payment or late payment from the date of the default, the Client will automatically and without notice owe interest of 10% per year on the unpaid amount. In addition, the Client is legally and without formal notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of EUR 25 per invoice.

Without prejudice to the above, OrthoCareShop reserves the right to repossess items not (fully) paid for.

Article 11: Privacy

The responsible for the processing, OrthoCareShop respects the Belgian law of December 8, 1992 relating to the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to inspection and possible correction of your personal data. Subject to proof of identity (copy of identity card), you can obtain a written, dated and signed request to OrthoCareShop, kasteeldreef 13, 9831 Deurle, e-mail: [email protected], free of charge, the written communication of your personal data. If necessary, you can also ask to correct data that is incorrect, incomplete or irrelevant.

In case of use of data for direct marketing: You can object, free of charge, to the use of your data for direct marketing. For this purpose you can always contact OrthoCareShop, kasteeldreef 13, 9831 Deurle, e-mail: [email protected]

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for keeping his login details confidential and the use of his password. Your password will be stored encrypted, so OrthoCareShop has no access to your password.

OrthoCareShop keeps online (anonymous) visitor statistics in order to be able to see which page of the website you are using.

If you have any questions about this privacy statement, please contact us at OrthoCareShop.

Article 12: Use of cookies

During a visit to the site, 'cookies' may be placed on your computer's hard drive. A cookie is a text file that is placed by a website's server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

OrthoCareShop uses the following cookies:

First party cookies are technical cookies that are used by the visited site itself and that aim to make the site function optimally. E.g.: settings that the user has made during previous visits to the site, or still: a pre-filled form with data that the user has made during previous visits.

Third Party cookies are cookies that do not originate from the website itself, but from third parties, such as a present marketing or advertising plug-in. E.g. cookies from Facebook or Google Analytics. Such cookies require the prior consent of the site visitor - this can be done via a bar at the bottom or at the top of the website, referring to this policy, which however does not prevent further surfing on the website.

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive.  You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Impairment of validity - non-avoiding


If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions.

The failure of OrthoCareShop at any time to enforce any of the rights listed in these Terms and Conditions, or to exercise any right thereof, will never be considered as a waiver of such provision and will never affect the validity of these rights.

Article 14: Modification of conditions


These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made, and the general terms and conditions of sale of OrthoCareShop. In case of contradiction, these Terms and Conditions prevail.

Article 15: Proof

The Customer accepts that electronic communications and backups may serve as evidence.

Article 16: Applicable law - Disputes

Belgian law shall apply, with the exception of the provisions of private international law on applicable law.

The courts of the Consumer's place of residence have jurisdiction in the event of legal disputes. The Consumer may also contact the ODR platform (http://ec.europa.eu/consumers/odr/).

 

 

 

Appendix 1: Model revocation form

Dear Customer, you only need to fill in and return this form if you wish to revoke the agreement.

To [fill in your name, address and, if applicable, e-mail address] :

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):

Ordered on (*)/Registered on (*):

Name(s) of consumer(s) :

Consumer(s) address :

 


Consumer(s) address : Date :

 


(*) Delete where not applicable.

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