General conditions of sale
ARTICLE 1 - Accepting the general conditions
The sale of products on the sites www.facialflex.fr or www.facialflex.be (hereafter known as the Sites) by Dentaflow S.A. (Belgian limited company) is governed by the following conditions of sale.
The text of these conditions is an integral part of the contract of sale. Unless stipulated to the contrary, the purchaser is considered to have understood and accepted these general conditions by the simple act of ordering a Facial-Flex Product (the device itself or the replacement elastics) on the Sites.
These conditions of sale may be subject to modifications. The conditions applied to the contract of sale are those in force on the Sites on the date that the order is placed.
ARTICLE 2 – Contract
Conditions for placing an order
To place an order, the purchaser has to be able to form legally binding contracts and have attained the age of majority in the country in which he/she resides.
The minimum order is € 12.40, including all taxes, but excluding shipping costs (eg. minimum two packets of replacement elastic bands for Facial-Flex) for Dentaflow S.A. to book the order.
Steps for concluding the contract
An order placed on the Sites is definitive only after Dentaflow S.A. has received payment from the purchaser.
The totality of the component parts of the contract is confirmed in step 5 of the chapter «How to order – confirmation of order», which the purchaser can download and/or print.
ARTICLE 3 – Availability
Dentaflow S.A. accepts orders within the limit of availability of stocks.
In the case of temporary non-availability of the ordered product, Dentaflow S.A. will inform the purchaser as soon as possible. The purchaser will have the option to either wait for the arrival of a new batch of the product ordered, or cancel his order without indemnity.
In case of permanent non-availability, the order will be automatically cancelled, without the purchaser being able to claim indemnity of any kind.
In any case, Dentaflow S.A. reserves the right to cancel an order without indemnity in the event of default of its supplier or in the event of force majeure.
In the event of cancellation of the order under the situations envisaged in this article, if the orders have already been paid, the total of the amount paid to Dentaflow S.A. for that order will be refunded to the purchaser by bank transfer or cheque.
ARTICLE 4 - Prices
The prices shown on the Sites are in euros, with Belgian or French taxes included, but excluding contribution to costs of shipping or order processing.
The articles sold are subject to Belgian VAT of 21 %, with the exception of sales in French territory where the level of VAT applied is 19.6 %, since Dentaflow S.A. has a subsidiary in France.
ARTICLE 5 – Customs duties
Any order placed on the Sites and delivered outside Belgium or France could be subject to taxes and customs duties which are imposed when the parcel arrives at its destination.
These customs duties and taxes linked to the delivery of a product will be payable by the purchaser and are his/her responsibility. Dentaflow S.A. has no obligation with regard to verification or information on these taxes and duties.
ARTICLE 6 – Methods of payment
The goods are payable with the order.
Payment can be made via bank transfer, cheque, cash on delivery, or credit card (Visa, Mastercard or Eurocard).
Payment by bank transfer can be made by crediting Dentaflow S.A.’s accounts with the ING Bank in Belgium, France, Netherlands or United Kingdom. In the other countries of the Eurozone the payment can be made by european transfer, in the name of Dentaflow S.A., to the account at ING Belgium, using the IBAN number and the BIC code.
Cheques should be made out in the name of Dentaflow S.A. and sent to the Belgian office of Dentaflow S.A. at Chemin de la Tayette 2A, 1380 Lasne (Belgium), or to the address of the French office of Dentaflow S.A. at 8 rue du Maréchal de Lattre de Tassigny, 59000 Lille (France). The cheque will be paid in on reception.
Bank charges linked to payment by cheque or by bank transfer are the responsibility of the purchaser.
The shipment via cash on delivery is available only in Metropolitan France and for a minimum order of one Facial-Flex.
Payment by credit card is made via an interface on the Sites. Dentaflow S.A. will make the debit on the credit card at the moment of the acceptance of the order, before the shipping of the products.
ARTICLE 7 – The invoice
An individual invoice can be established on request at the moment of order by telephone, fax or e-mail at the following numbers:
Telephone : 0032 (0)2 649 84 24
Fax : 0032 (0)2 648 61 58
e-mail : info@dentaflow.be
This invoice will be included in the package sent to the purchaser.
ARTICLE 8 – Delivery and contribution to costs
All orders are shipped from the central office and warehouse of Dentaflow S.A. in Belgium.
For every order, in addition to the cost of the products, the purchaser will be asked for a contribution to the shipping costs:
- € 6.20 per package for the shipment of Facial-Flex and Elastic Bands
- € 1.50 per shipment of 2 packets of replacement Elastic Bands
Shipment will be made:
- in Belgium via the KILOPOST service of the Belgian Post
- in France via the COLLISSIMO SUIVI service of the French Post
- in all other countries via registered package service of the Belgian Post
The delay for the delivery of an order is for guidance only and varies according to destination. On average, delivery is five (5) days from the date of receipt of payment. In no case can Dentaflow S.A. guarantee these delays and therefore can accept no responsibility if the delays are exceeded.
However, if the date of delivery exceeds thirty (30) days after reception of payment, the purchaser has the right to cancel the order without indemnity. Subject to the conditions set out in Article 3, the payment made will be repaid to the purchaser within a delay of thirty (30) days from the date of confirmation of the cancellation of the order by the purchaser,.
ARTICLE 9 – Renunciation rights
If the product purchased does not meet the buyer’s satisfaction, he has the right to renounce his purchase. This renunciation must be notified to Dentaflow S.A. within seven (7) working days starting the day following the day of the delivery of the product, by registered letter to the head office of Dentaflow S.A. at Chemin de la Tayette 2A, B-1380 Lasne (Belgium).
This renunciation can be exercised without indemnity and without motive.
In the same delay of seven (7) days, the purchaser must return the product to Dentaflow S.A., at his own costs to the head office of Dentaflow S.A. mentioned above.
The cost of the product thus returned will be reimbursed, according to the conditions set out in Article 3 of these conditions of sale, within a delay of thirty (30) days following the renunciation.
A Facial-Flex device which is incomplete or damaged cannot be sent back to Dentaflow S.A.. If, however, the purchaser does send the device back to Dentaflow S.A., the latter is not obliged to reimburse the purchaser.
ARTICLE 10 – Warranty
In the event of a manufacturing defect, Dentaflow S.A. warrants to the purchaser the reimbursement, repair or replacement, as preferred, of the Facial-Flex. This warranty is for a period of one (1) year starting from the date of shipping of the order by Dentaflow S.A..
This warranty excludes natural wear and tear of the device or any damage caused to the device by improper use. It excludes any damage resulting from an accident, negligence on the part of the purchaser or user, an overload of elastic bands, or any other factors not due to defects in the materials or workmanship.
To activate the warranty given by Dentaflow S.A., the purchaser must return the Facial-Flex to the head office of Dentaflow S.A. at Chemin de la Tayette 2A, B-1380 Lasne (Belgium).
If damage, other than the partial or total destruction of the device, is incurred by the purchaser and/or user of the Facial-Flex on account of a manufacturing defect, the manufacturer’s warranty must be activated by the purchaser and/or user. In this case, Dentaflow S.A. will be uniquely obliged to reimburse the purchase price or, as preferred, to replace or repair the device.
The purchaser and/or user agrees that he/she is adequately informed with regard to the methods of utilisation of Facial-Flex. He/she undertakes to respect the basic rules of prudence in the use of the device and its accessories as well as the precise instructions for use.
In no eventuality can Dentaflow S.A. be held responsible for damage caused by improper use of the device and the amount reimbursed can never exceed the purchase price of the device.
ARTICLE 11 – Protection of intellectual rights
All text, images, commentary and video reproductions reproduced on the Sites are the property of Dentaflow S.A.. They are subject to copyright and trade mark law for Facial-Flex.
It is strictly forbidden to copy, distribute, record, modify or send all or any part of the information contained on the Sites without prior written authorisation from Dentaflow S.A..
ARTICLE 12 – Protecion of private life
All personal information sent to the Sites by the purchasers, such as name, address, information concerning payment, e-mail, etc. will only be treated within the framework of the these internet Sites and only as permitted by these general conditions.
The purchasers accept that, for the purpose of managing the Sites and aprocessing orders, Dentaflow S.A. can share with others the information gathered on the Sites.
It is recommended that minors obtain the authorisation of their parents/guardian before sending personal information to Dentaflow S.A..
The purchaser always has the right to request access, correction and objection to information that he/she has sent to Dentaflow S.A.. All requests must be addressed to the Belgian office of Dentaflow S.A..
However, Dentaflow S.A. declines all responsibility for the use, without its knowledge, of the information, e-mails or personal information sent to the Sites by the purchasers.
ARTICLE 13 – Applied Law and Jurisdiction
These general conditions and the contract concluded between the parties are subject to Belgian law and to the Convention of Vienna on the contracts for international sale of goods.
Any lawsuit concerning the contract of sale concluded between parties and these general conditions is subject to the exclusive competence of the Belgian court of justice in the commune of Nivelles.
|