General terms and conditions
Article 1. General
These terms and conditions apply to all commercial agreements with BV Duinbergen Clinic and MediSpa Knokke, with registered office at 8301 Heist-aan-Zee, Duinbergenlaan 33 and with the company number RPR Gent department Bruges 0879.739.817 (hereinafter referred to as ‘Duinbergen Clinic and MediSpa Knokke’). These terms and conditions are applicable when paying for a service or purchase of a product in Duinbergen Clinic and/or MediSpa Knokke, as well as when an order is placed via the webshop of MediSpa Knokke. As soon as the client enters into an agreement with MediSpa Knokke online, the client accepts the general terms and conditions as described in this document, as well as all rights and obligations arising from the agreement, which may differ per offered product. The Client also acknowledges that only the general terms and conditions of Duinbergen Clinic and MediSpa Knokke apply to the online agreements entered into with Duinbergen Clinic and MediSpa Knokke.
Article 2. Applicability
The general terms and conditions are always applicable to all products offered by Duinbergen Clinic and MediSpa Knokke on location as well as in the webshop, except in the event parties explicitly deviate from these in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of the terms and conditions of sale remain fully applicable. If a provision contained in these terms and conditions is contrary to an international treaty, to the extent applicable, a law, regulation or other mandatory regulations, the provision in question will not apply. The non-validity of a provision does not affect the validity of the other provisions of the general terms and conditions, which remain fully applicable. Duinbergen Clinic and MediSpa Knokke reserves the right to change and/or supplement the General Terms and Conditions at any time for future provisions. A future modification will have no influence on existing agreements.
Article 3. Content
‘Content’ means all products, texts, images, descriptions and other data mentioned on any communication from Duinbergen Clinic and MediSpa Knokke, including but not limited to e-mails, websites or catalogues. Duinbergen Clinic and MediSpa Knokke cannot guarantee that the content does not contain any errors, omissions or typographical errors or that the information is always up-to-date. Duinbergen Clinic and MediSpa Knokke has the right to modify, change or remove the content at any time, without prior notice. All images and photographs of products and services are purely indicative. The settings of a screen on which the customer visits a website or in which e-mails are opened, may cause the colours of the displayed products to deviate. The print view of catalogues and related documents may also cause colour deviations. The website of Duinbergen Clinic and MediSpa Knokke is intended to make general information available to the Customer about his/her products and activities. Duinbergen Clinic and MediSpa Knokke only have a best-efforts obligation with regard to the access, the ordering process, the delivery or the other services. Duinbergen Clinic and MediSpa Knokke cannot be held liable if, for whatever reason, the website is not available for a certain period of time and gives no guarantee that access to the website will be uninterrupted, timely or faultless. Users may view and print the information on the website free of charge for personal use, but may not use it for commercial purposes.
Article 4. Offers and orders
Anyone who places an order confirms that he or she is competent to do so. Orders placed via the website are deemed to be placed by natural persons for non-professional private purposes. Traders who wish to place an order for professional purposes should contact Duinbergen Clinic and MediSpa Knokke on 050/530.640 or send an email to info@duinbergen-clinic.be or info@medispa.be .Persons who are unable to trade must be represented by their legal representative, who is also bound by these terms and conditions of sale and must either complete the order form themselves or give their express consent. Duinbergen Clinic and MediSpa Knokke undertake to process the orders placed as long as stocks last and within the restrictions formulated in these conditions. The order can only be processed if the customer has clearly identified himself. Acceptance of these general terms and conditions is necessary for placing an order.Whoever orders, declares to know and accept the general terms and conditions of Duinbergen Clinic and MediSpa Knokke. What is not explicitly stipulated in these terms and conditions is governed by the provisions of Belgian law. Duinbergen Clinic and MediSpa Knokke reserve the right to refuse orders in the event of serious suspicion of commercial purposes unacceptable to Duinbergen Clinic and MediSpa Knokke or in the event of exhaustion of the stock of a certain article. Duinbergen Clinic and MediSpa Knokke and the client expressly agree that electronic forms of communication are the means by which a valid agreement can be concluded. Placing the order implies an obligation to pay. The general terms and conditions are always available and can be consulted via the website. For every order, the general terms and conditions are applicable that are included on the website and/or the invoice at that time. The official language of the concluded agreements is Dutch. An order is only final after acceptance of these general terms and conditions, the prices and the description of the offer. If something in the offer or after ordering would be unclear, the customer can always contact 050/530.640.
Article 5. Signature and proof
The customer accepts electronic evidence. The customer himself/herself is solely responsible for the correctness of all data he or she transmits. For a first online order, the customer must follow the registration procedure. After this, the customer only needs to register again to place a new order. The final confirmation of the order by the customer counts as acceptance of the order at the set price. The customer’s confirmation constitutes the signature and explicit acceptance of all transactions on the website.
Article 6. Payment
All prices of products and services are indicated in euros and include VAT (unless not applicable). Transportation costs, taxes and other levies are not included, unless stated otherwise or explicitly agreed upon by letter. Shipping costs are added after placing an order and payment can be made by the options indicated during the order process. The applicable prices are the published prices at the time the customer places the order. The Customer owes Duinbergen Clinic and/or MediSpa Knokke that price which was communicated in the confirmation. Obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Duinbergen Clinic and/or MediSpa Knokke after the conclusion of the agreement. Duinbergen Clinic and/or MediSpa Knokke can change prices at any time without prior notification. Duinbergen Clinic and/or MediSpa Knokke always retains the ownership of all ordered products until full payment of all amounts due from this agreement, regardless of whether the delivery has already taken place. The payment must precede the delivery.
When delivering services, the client is obliged to proceed to payment immediately after the consultation or treatment. This also applies to the purchase of products. This can be done in cash, with bancontact or credit card.
If the customer is prevented by force majeure (e.g. refused payment card or technical malfunction) from paying for a service or purchase immediately, a payment transfer (invoice) will be provided in exceptional cases.
When planning an intervention it is mandatory to transfer the agreed amount in advance.
In the event of late payment of an invoice, all other claims of the customer that have not yet expired shall also become immediately due and payable by operation of law. In the event of non-payment, Duinbergen Clinic and MediSpa Knokke reserve the right not to proceed with the delivery of the products or to stop further deliveries. Duinbergen Clinic and MediSpa Knokke also retain the right to regard the agreement as dissolved by operation of law and without prior notice of default for the whole or the not yet executed part.
Non-timely payment after a second reminder gives rise to the charging of default interest of 5% on an annual basis to be calculated from the initial date on which payment should have been made and of a compensation due to the disorder in the financial management amounting to 10% on the balance that has not been paid on time.
Article 7. Delivery
Products will only be delivered in the countries for which Duinbergen Clinic / MediSpa Knokke accepts the order. The delivery of products will take place, to the extent possible, within the time that has been communicated in the individual order confirmation. Incorrectly passed on delivery addresses are the responsibility of the customer and can give rise to extra costs. The stated delivery times are not binding, but are given purely as an indication. Duinbergen Clinic / MediSpa Knokke has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the Customer will be reimbursed without interest or other compensation. The client is responsible for all additional taxes and levies. Duinbergen Clinic / MediSpa Knokke cannot be held responsible for all fees that are levied by a third party. The delivery takes place at the risk of the client. Duinbergen Clinic / MediSpa Knokke does not take responsibility for late deliveries as a result of unforeseen circumstances caused by third parties, nor for loss, theft or damage during dispatch by third parties. No delay in delivery can give rise to termination of the purchase or payment of damages for the benefit of the client, except in the case of deliberate delay. Duinbergen Clinic / MediSpa Knokke commits itself to pack the products to be delivered as carefully as possible in order to exclude the chance of damage with normal handling. If an order has not been delivered within the indicated period of time, an investigation will be carried out at the shipping company, which may take several calendar days. During this period, no refund or other shipment can be made. As far as permitted by law, the Duinbergen Clinic / MediSpa Knokke is not liable for losses, costs, liability, damages, fines or expenses which arise as a result of a delay or failure to deliver.
Article 8. Right of withdrawal of products
Each ordered article (if unopened and unused) can be returned within 14 calendar days or exchanged for another article in Duinbergen Clinic / MediSpa Knokke. The article has to be delivered in Duinbergen Clinic / MediSpa Knokke in the original packaging together with the return form. The customer can also return the article by post within fourteen calendar days. The customer must provide the following information: – indication of the date of order, date of receipt and date on which the right of withdrawal is used – name and address of the customer, correct and complete – signature of the customer. A product must be returned together with a completed and signed return document that can be downloaded here or requested after telephone consultation with 050 / 530.640. The article needs to be packed in the original shipping box and sent together with the return form to the following return address: Duinbergen Clinic / MediSpa Knokke, Duinbergenlaan 33, 8301 Knokke-Heist. For this purpose, the return label must be stuck on the outside of the box after which the box will be delivered to the post office.
The costs and risk of the return are entirely at the expense of the client, unless the product has not been made out or delivered in accordance with the agreement. In any case, the return will only be accepted if the article is unpolluted, undamaged and in its original packaging. Special offers will not be returned. If all conditions have been met, Duinbergen Clinic / MediSpa Knokke will refund the due product amount within 30 calendar days after receipt of the return via bank transfer.
Article 9. Retention of title
The delivered goods remain the property of Duinbergen Clinic / MediSpa Knokke until full payment of the sales price, plus costs and interest. It is therefore forbidden for the client to resell, rent out, pledge, process, incorporate or alienate or encumber the goods in any other way, until the invoice has been paid in full, unless otherwise agreed upon with Duinbergen Clinic / MediSpa Knokke. Nevertheless, the client bears the risk of loss or destruction of the goods from the moment of delivery.
Article 10. Force majeure
Duinbergen Clinic / MediSpa Knokke is not liable for a delay in the execution or for a non-execution of its commitments due to events outside its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers), governments, quasi-governmental, supranational or local authorities), riots, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercion by a competent authority, strikes and/or lock-out, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, accident, mechanical breakdown, third party software, public utility failures or problems, production interruptions, difficulties in supply or shortages of raw materials, workers, energy or transport or delays in transport, work stoppages or other collective labour disputes, affecting either Duinbergen Clinic and MediSpa Knokke or its suppliers, disruptions in the internet, the electricity grid, mail traffic or technology supplied by third parties, government measures and illness, even if these events are foreseeable.
Article 11. Intellectual Property Rights
All intellectual property rights and derived rights are retained by Duinbergen Clinic and MediSpa Knokke. These intellectual property rights are understood to mean: copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts. The client is forbidden to make use of and/or make changes to the intellectual property rights as described in this article of the general terms and conditions of Duinbergen Clinic and MediSpa Knokke. The contents, images, logos, drawings, photographs, data, product names, texts, etc. on the website or in catalogues and other printed works of Duinbergen Clinic and MediSpa Knokke are protected by copyright and other (intellectual) property rights and treaty provisions.
Article 12. Processing of customer data (privacy)
Every new patient or client of Duinbergen Clinic and MediSpa Knokke is required to complete and sign a GDPR (privacy) form.
Also, when products are purchased, the customer explicitly agrees that his/her personal data can be used for administrative purposes, such as creating and maintaining a customer database, tracking orders, shipments and invoices. The information provided by the customer is necessary for the processing and completion of orders and invoicing. By placing an order for a product, the customer data ends up in the customer database of Duinbergen Clinic and MediSpa Knokke. Duinbergen Clinic and MediSpa Knokke will never pass on this personal information to third parties, unless this is explicitly requested by judicial authorities or when it is legally obliged to do so. The Customer has the right to object, free of charge, to the processing of his/her personal data for direct marketing initiatives. Only customers who have given explicit permission for this will be included in the newsletter of Duinbergen Clinic and MediSpa Knokke. Unsubscribing is possible on simple request of the customer. The customer has the right to view his or her personal information, to change it or have it removed.
Article 13. Defects and complaints
The customer commits himself to carefully examine the products immediately upon receipt. The guarantee of Duinbergen Clinic and MediSpa Knokke is limited to the guarantee for hidden defects and the guarantee in case of consumer purchase, both provided for in the Civil Code. Duinbergen Clinic and MediSpa Knokke only guarantee damage which is the result of deliberate intent or gross negligence. Duinbergen Clinic and MediSpa Knokke is not liable for general or special indirect damage, of whatever nature, suffered by the client. Every problem or defect with regard to the delivery of an article, damage or qualitative shortcoming must be reported in writing by means of a registered letter to the address: Duinbergenlaan 33, 8301 Knokke-Heist or by mail to info@duinbergen-clinic.be. Complaints should, in order to be admissible, reach Duinbergen Clinic and MediSpa Knokke: (a) in the case of a complaint due to non-conforming delivery, 7 days after delivery and (b) in the case of hidden defects, 7 days after discovery of the defect or after the moment at which such discovery could reasonably have happened. Duinbergen Clinic and MediSpa Knokke undertake to answer the complaint within a period of 14 calendar days after written receipt. If the delivery is to be returned to Duinbergen Clinic and MediSpa Knokke, this will be done in the manner as stated under article 9. Duinbergen Clinic and MediSpa Knokke offers the guarantees provided by law. Duinbergen Clinic and MediSpa Knokke is not liable for force majeure, accident, misuse or incorrect handling of an article by the client. An article with an accepted defect will be replaced or repaired free of charge.
Article 14. Jurisdiction and applicable law
All offers and agreements are exclusively governed by Belgian law. In the event of a dispute, only the courts and tribunals of the judicial district of Bruges shall have jurisdiction, if this case the Peace Court of the 3° canton of Bruges.
