General Terms & Conditions
Last updated September 7, 2023
The website:www.stimpads.com
(hereinafter the "Platform")
is an initiative of:
Motron NV
Antwerpsesteenweg 124/76
2630 Aartselaar
Belgium
Company number (KBO number): 0455621569
E-mail: info@motron.be
Phone: +32 3 870 51 64
(hereinafter "we" or "Motron NV" or the "Seller")
I. GENERAL TERMS OF USE
1. Scope
These General Terms of Use apply to any visit or use of the Platform by an Internet user (hereinafter referred to as the "User").
By visiting or using the Platform, the User acknowledges that he/she has read these General Terms of Use and expressly accepts the rights and obligations stated therein.
By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such waivers may consist in the modification, addition or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the General Terms of Use.
We reserve the right to modify our Terms and Conditions of Use at any time and without prior notice, but we undertake to apply to a User the provisions in force at the time the User used the Platform.
2. Platform
a. Accessibility and navigation.
We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered to be covered by a resource commitment.
Any use of the Platform is always at the User's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without notice.
b. Content
Motron NV largely determines the content of the Platform and takes great care with the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability to do so.
Motron NV cannot provide an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Motron NV cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content on the Platform violates the law or the rights of third parties or is contrary to morality, we ask each User to notify us by email as soon as possible so that we can take appropriate action.
Any download from the Platform is always at the User's own risk. Motron NV is not liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between Motron NV and the external website or even that there is an implied agreement with the content of these external websites.
Motron NV has no control over such external third-party websites.
Therefore, we are not responsible for the safe and correct operation of the hyperlinks and their final destination. Once the user clicks on the hyperlink, he/she leaves the Platform. We therefore cannot be held liable for further damages.
4. Intellectual property
The structure of the Platform, as well as the content, texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which are accessible through the Platform, are the property of Motron NV or Motron NV has obtained the necessary rights, and as such are protected by current and applicable intellectual property laws.
Any representation, reproduction, adaptation or partial or full exploitation of the contents, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of Motron SA, is strictly prohibited, with the exception of elements expressly indicated as "royalty-free" on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise previously agreed in writing, the User is not allowed to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering any data on the Platform that would or could alter the content or appearance of the Platform.
5. Protection of personal data
We assure Users that we attach the utmost importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently in this regard.
Personal data provided by the User during their visit or use of the Platform will be collected and processed by Motron NV exclusively for internal purposes.
Motron NV undertakes to comply with applicable legislation in this area, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR") and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
The User's personal data will be processed in accordance with the Privacy Policy available on the Platform.
6. Governing law and jurisdiction
These General Terms of Use are governed by Belgian law.
In case of dispute and failing an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district where Motron NV has its registered office.
7. Other provisions
Motron NV reserves the right to modify, expand, remove, limit or interrupt the Platform and associated services at any time, without notice and without liability.
In case of a breach of the General Terms of Use by the User, Motron NV reserves the right to take appropriate sanctions and compensation measures. Motron NV reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without reason and without prior notice. They may not involve the liability of Motron NV or give rise to any form of compensation.
The illegality or complete or partial invalidity of any provision of our Terms of Use shall not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision that serves the same purpose.
II. GENERAL CONDITIONS OF SALE
1. Scope
These General Terms and Conditions of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as "Customer").
The General Conditions of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions to the provisions of the General Terms of Sale may be made in exceptional cases, provided that these exceptions are agreed upon in writing. Such exceptions may consist in amending, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the General Terms of Sale.
Motron NV reserves the right to modify the Terms and Conditions of Sale from time to time. Changes will apply as soon as they are posted online for any purchase after that date.
2. Online store
Through the Platform, the Seller makes available to the Customer an online web shop presenting the products or services offered. The presentation of the products or services offered (e.g. through photos) have no contractual value.
The products or services are described and presented with the utmost accuracy. However, in case of errors or omissions in the presentation, the Vendor cannot be held liable for this.
Products and services are offered within the limits of their availability.
Prices and taxes are listed in the online store.
3. Price
The Vendor reserves the right to change its prices at any time by publishing them online.
Only the stated prices and taxes in effect at the time of order are applicable, subject to availability at that date.
The prices are indicated in euros and do not take into account any delivery costs, which are moreover indicated and invoiced before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs will be indicated before the final validation of the order.
4. Ordering online
The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these General Conditions of Sale by clicking on the place indicated.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any communication with the Seller may be made through this email address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in case of non-payment, incorrect address or any other problem on the Customer's part until the problem is resolved.
5. Confirmation and payment of the order
The Seller retains ownership of the items ordered until full payment for the order is received.
a. Payment
The Customer makes payment at the time of final validation of the order using the payment method chosen. This validation applies in lieu of a signature.
The Customer guarantees the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his consent to the sale and payment of the amounts due in connection with the order.
The Seller has established a procedure to verify orders and means of payment to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification information from the Customer.
In case of refusal of permission to pay by credit card by accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not completed all or part of a previous order or with whom a payment dispute is pending.
b. Confirmation
Upon receipt of validation of the purchase with payment, the Vendor will send the purchase to the Customer, as well as an invoice, unless the latter is provided with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery (see contact information below).
In case of unavailability of a service or product, the Vendor will notify the Customer by email as soon as possible to replace or cancel the order of this product and possibly refund the relevant price, with the rest of the order remaining fixed and final.
6. Proof
Communications, orders and payments between Customer and Seller may be evidenced by computerized records maintained in Seller's computer systems under reasonable security conditions.
Orders and invoices shall be archived on a reliable and durable medium which shall be considered in particular as evidence.
7. Delivery
Delivery is made only after confirmation of payment by the Seller's bank.
Products will be delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be charged to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Standard shipping the next business day.
Delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer may be reimbursed.
a. Checking the order
Upon receipt of the products, the Customer or the recipient shall check the good condition of the delivered product or the conformity of the delivered service.
In the event that one or more of the ordered products are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and notify the Seller immediately.
Verification is deemed to have been carried out once the Customer or a person authorized by him has accepted the order without reservation.
Any reservation that is not made according to the rules defined above and within the deadlines set cannot be taken into account and releases the Seller from any liability to the Customer.
b. Error in delivery
In case of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days from the delivery date.
Any complaint not made within the time limit cannot be taken into consideration and releases the Seller from any liability to the Customer.
c. Returns and exchanges.
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original and unopened packaging, according to the following modalities:
Electrodes that are no longer in the unopened and original packaging cannot be returned. The right of withdrawal expires as soon as the seal of the packaging is broken. For health and hygiene reasons, such items cannot be returned.
Any complaint and return that is not made in accordance with the rules defined above and within the deadlines set cannot be taken into account and releases the Seller from any liability to the Customer.
Any product to be exchanged or refunded must be returned to Seller in its entirety and in its original packaging.
The cost of return shipment shall be borne by the Customer.
8. Guarantees
The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract.
If the Customer is a consumer, he has two years from the delivery of the product to implement the legal warranty of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and in any case no later than two months after the discovery of the sale.
9. Right of withdrawal
This article applies only insofar as the Customer is a consumer. If that is the case, the Customer may exercise his legal right of withdrawal and dissolve the contract within 14 working days after the delivery (taking possession) of the goods or within 14 days after the conclusion of the service contract.
a. Returns and refunds.
After notification of his decision to revoke, the Customer has 14 days to return or return the goods.
The Customer may request a refund of the returned product at no additional cost. However, the cost of return remains the responsibility of the Customer.
The return or exchange of the product can only be accepted for the products if they are still whole, intact and in their original condition, in particular with complete, intact packaging and in a state of re-sale.
The Seller will refund to the Customer all amounts paid, including delivery charges, within 14 days of the return of the goods or the sending of proof of shipment of the goods.
b. Exceptions to the right of withdrawal
Any revocation that is not carried out in accordance with the rules and deadlines of this article and applicable law cannot be taken into account and releases the Seller from any liability to the Customer.
If all or part of the order relates to the supply of digital content not delivered on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the contract is performed immediately.
c. Template withdrawal form.
For the attention of:
Motron NV
Antwerpsesteenweg 124/76
2630 Aartselaar
Belgium
Company number (KBO/BTW): 0455621569
E-mail: info@motron.be
Phone: +32 3 870 51 64
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract regarding the good (*)/provision of the service listed below: ________________________________ ________________________________
________________________________
Ordered on (*)/received on (*): __________
Name(s) of consumer(s): __________
Address(es) of consumer(s): __________
Signature of consumer(s) (only if this form is completed on paper):
____________________
Date: __________
* Delete what does not apply
10. Data protection
Seller will maintain in its computer systems and under reasonable security conditions evidence of the transaction, including the purchase order and invoice.
The Seller guarantees to its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.
11. Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, it is a case of force majeure.
In the event of force majeure, the Seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller will immediately inform the Customer of this.
If the force majeure continues for more than 90 days without interruption, each of the parties has the right to unilaterally terminate the contract, by registered letter to the other party. The services already performed by the Seller will nevertheless be invoiced to the Customer on a pro rata basis.
12. Independence of provisions
If one or more provisions of these General Terms of Sale are declared illegal or void, the remaining provisions will remain in full force and effect.
The illegality or partial or total invalidity of any provision of these General Terms of Sale does not affect the validity and application of the other provisions.
The Vendor reserves the right to replace the unlawful or invalid provision with another valid provision for the same purpose.
13. Applicable law and competent court
These General Terms of Sale are governed by Belgian law.
In case of dispute and in the absence of its amicable resolution, the dispute will be submitted to the courts of the judicial district of the Seller's registered office.
