Detectable Solutions_General conditions of sale
Last version: 30/10/2018
1 APPLICABILITY
These Conditions of Sale govern the sale of products by Detectable Solutions to you.
Please read these conditions carefully before placing an order with Detectable Solutions. By placing an order with Detectable Solutions, you signify your agreement to be bound by these conditions.
2 OUR CONTRACT
Your order is an offer to Detectable Solutions to buy the product(s) in your order. When you place an order to purchase a product from Detectable Solutions, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Despatch Confirmation E-mail. Your contract is with Detectable Solutions. Without affecting your right of cancellation set out in section 4 below, you can cancel your order for a product at no cost any time before we send the Despatch Confirmation E-mail relating to that product.
This right to cancellation does not exist for certain product groups and services, including personalized materials. You agree that you will receive invoices in electronic form. Electronic invoices are sent to you in PDF, to the email address you provided for sending the invoice, if you have not entered this field the invoice will be sent to your login email address
3 PROPERTY RIGHT
The delivered products remain the property of Detectable Solutions until they are paid in full to Detectable Solutions. They can always be due and payable after not paying within a reasonable period of time. (see payment terms)
4 RIGHT OF CANCELLATION UP TO 14 DAYS
STATUTORY RIGHT
You have the right to withdraw from this contract within 14 days from the day on which you or a third party designated by you (not the carrier) the products (or the last product, the last partial shipment or the final part in the case of a contract with relation to multiple goods of one order or the delivery of a product in several partial shipments or parts). In order to exercise your right of withdrawal, you must inform us about your decision to revoke this agreement. Send your request via the form to: return@detectaproof.eu
You can complete and return your statement to the Customer Service in accordance with the explanation and with the forms that can be found online. The notification is timely if you have sent the revocation statement before the expiry of the withdrawal period and if you have returned the goods within the period defined below.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
You must return the goods immediately and in any case no later than fourteen days from the day on which we are informed of your cancellation of this agreement. The notification is timely if you have sent the goods before the expiration of the withdrawal period of fourteen days. The return costs are for your account. The returned goods must also match the ordered goods. The price will always be the same as on the purchase agreement. For the return a restocking fee will be charged of 10% of the value of the purchase agreement with a minimum amount of 25 euros.
5 EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
6 OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights, Detectable Solutions provides you with the following voluntary returns guarantee:
If none of the exceptions apply and if the products are complete and are in the same condition as upon receipt, you can return products from Detectable Solutions to Detectable Solutions within 14 days of receipt of the products.
If you return goods in accordance with this voluntary refund guarantee, we will refund the purchase price already paid by you; however, the shipping costs of your original purchase are for your account, as well as the transport risk and the costs of returning. This refund guarantee is without prejudice to your statutory rights and your right of withdrawal as described above.
7 LEGAL WARRANTY LAW
In addition to your 14-day refund guarantee, orderers in the European Union have warranty rights for 12 months from delivery of the goods and are entitled to repair or replacement of the products purchased on Detectable Solutions if they show defects or do not comply with their description. If the goods can not be repaired or replaced within a reasonable time or without problems, you are entitled to a refund or reduction of the purchase price. In case of consumables or incorrect use, the warranty period can be shorter than 1 year.
8 PRICING
All prices do not include sales tax if you are a professional customer.
Despite our greatest efforts, some products in our catalog may have the wrong price. We check the prices when we process your order and before we invoice. If a product is wrongly priced and the correct price is higher than the price on the website, we will contact you before sending the goods to ask if you want to buy the product at the correct price or if you cancel order. If the correct price of a product is lower than the price indicated by us, we will calculate the lower price and send the product to you.
9 PAYMENTS, OWNERSHIP RESERVATION
The buyer can pay the purchase price with a credit card or invoice. For payment on invoice there is a payment term of 30 days after invoice date or if agreed otherwise between the seller and the buyer.
Each delivered product remains the property of Detectable Solutions bvba until it is paid in full.
Purchase on invoice:
Payment on invoice is only possible for consumers aged 18 and over. The invoice amount becomes due on receipt of the invoice. Detectable Solutions bvba reserves the right not to offer certain payment methods in individual cases.
If the invoice amount for reasons attributable to the customer is not paid by the due date at the latest, Detectable Solutions bvba will charge a fixed compensation in the amount of € 15,00, unless the customer can prove that there is mutual agreement between the seller and the purchaser.
In case of payment on invoice as well as in other cases for which there is a justified cause, Detectable Solutions checks and assesses the data of the customer and exchanges data with credit registration agencies.
For a decision on the use of the payment method 'purchase on invoice' we use - in addition to our own data - probability values for the assessment of the credit risk that we receive from our external partner. The calculation of the probability values is based on a scientifically recognized mathematical statistical procedure. The aforementioned companies will continue to be used to validate the address details you have provided.
10 DELIVERY
Unless otherwise agreed, the delivery takes place at the delivery address specified by the customer. On the website you will find information on the availability of products sold by Detectable Solutions (eg on the relevant page with product specifications). Please note that all information on availability, shipping or delivery of a product is only approximate and indicative. They do not form a binding resp. guaranteed shipping or delivery times, unless this is expressly stated as such in the shipping options of the relevant product. If during the processing of your order Detectable Solutions determines that your ordered products are not available, you will be informed separately by e-mail or via our customer service. The legal claims of the customer remain unaffected by this.
Shipping costs
Shipping costs may be charged, depending on invoice amount and delivery address.
The shipping costs are shown in the purchase process
If delivery to the purchaser is not possible because the delivered goods do not fit through the entrance door, the door or the stairwell of the customer or because the customer is not found at the delivery address specified by him, while the delivery time with due observance of a reasonable period of time. The orderer has been announced, the costs for the failed delivery will be borne by the customer
11. CUSTOMS
When ordering products from Detectable Solutions for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Detectable Solutions, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. More information about import of products and customs regulations can be found with your customs services.
12 WARRANTY ON PRODUCTS SOLD BY DETECTABLE SOLUTIONS AND LIMITATION OF LIABILITY
In addition to your 30-day refund guarantee, order takers in the European Union have warranty rights for one year from delivery of the goods and are entitled to repair or replacement of the products purchased on Detectable Solutions, if they show defects or do not comply with their description. If the goods can not be repaired or replaced within a reasonable time or without problems, you are entitled to a refund or reduction of the purchase price.
If after delivery a replacement delivery is chosen, the customer is obliged to return the first delivered goods to Detectable Solutions within 30 days. These costs are for the purchaser or if agreed otherwise. The defective goods must be returned in accordance with the statutory regulations. Detectable Solutions reserves the right to claim compensation in accordance with the legal conditions.
The warranty period may be less than one year for consumables or incorrect use of the product.
For additional information about the terms and conditions, we refer to our return conditions.
Detectable Solutions is unlimitedly liable insofar as the damage ensues from deliberate or grossly negligent shortcomings in the performance by Detectable Solutions or by a legal representative or auxiliary person of Detectable Solutions.
Furthermore, Detectable Solutions is liable for the negligent violation of essential obligations. Substantial obligations are obligations whose breach jeopardizes the fulfillment of the purpose of the agreement or whose compliance only allows the proper execution of the agreement and the compliance with which you are confident. DETECTABLE SOLUTIONS will then only be liable for foreseeable damage typical of the Agreement. Detectable Solutions is not liable for the negligent violation of obligations other than those mentioned in the above sentences.
The above limitations of liability do not apply in case of damage to life, body or health, defects related to guaranteed properties of the product and not in the case of intentionally concealed defects. The liability under the statutory product liability remains unaffected.
All products must be checked for their detectability by the purchaser before use. Each company has its own separate settings for the detectors, whereby certain components may not be detectable. The seller can not be held liable if contamination occurs due to the use of his products.
Insofar as Detectable Solutions's liability is excluded or limited, this also applies in favor of the liability of employees, representatives and auxiliary persons.
13 APPLICABLE LAW
Belgian law applies. Agreed is the non-exclusive jurisdiction of the courts in the district where Detectable Solutions is located. This means that you can submit claims in connection with these Terms and Conditions of Sale arising from the consumer protection standards of your choice both in Belgium and in the EU country where you live.
The Dutch version of this agreement takes precedence over all other languages.
14 AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15 WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
16 CHILDREN
We not sell and offer minors products (-18 years)
17 OUR CONTACT DETAILS
DETECTABLE SOLUTIONS bvba,
Driegaaienstraat 192b
9100 Sint-Niklaas
Belgium
Call: +32 32 DETECT
VAT number: BE 0653 802 170