Sales conditions
1. Definitions and application of the sales conditions
- The online shop www.spexperience.org (hereinafter referred to as the “Website”) is an initiative of:
SHARED PATIENT EXPERIENCE ASBL (abbreviated SPX)
Business ID: 0728 543 244
Phone: +32 486 61 77 68
The concepts mentioned below are as follows in the in the Terms of Sale:
‘Member’: Any natural or legal person who has a contractual relationship with SPX of any kind. Hereinafter also referred to ‘User’: any natural person as a member, who acts for purposes which are not part of his commercial or professional activity.
‘Products’: All services and products that are the subject of a sales contract.
‘Sales contract’: Any contract under which SPX undertakes to assign the ownership of the goods. The member agrees to pay the price.
These Terms of Sale are always and exclusively applicable to all current and future Sales Contracts between SPX and the Member. From the moment he uses the website, the member accepts the application of these Terms and Conditions, as well as all other rights and obligations as mentioned on the website.
And this, except in case of explicit exemption. An explicit waiver is only valid to the extent that it is the result of mutual agreement between the member and SPX, expressly determined in writing. Explicit exemptions are valid only as a replacement or addition to the clauses to which they relate. The other provisions of these Terms of Sale remain fully applicable. The general conditions used by the member do not apply.
SPX reserves the right to modify and / or supplement at any time the Terms of Sale for future orders. A future change will not of course affect product orders and the resulting Sales Contracts.
2. How is the Sales Contract concluded?
SPX takes the utmost care in putting information about the properties of services and products online, including technical descriptions based on data from our partners and suppliers, as well as photos illustrating the Products, all within as far as the technical means permit.
Any offer on our website is an invitation to the member to make a purchase and therefore can not be considered a binding offer issued by SPX to the member. In addition, the offer is only valid until the stock or event is exhausted.
A contract is concluded when the order confirmation has been delivered to the member or, if the offer was made through the Website, has been sent by e-mail to the email address indicated by the member.
We have the possibility to submit certain offers to specific conditions, for example a limited period of validity. Such specific conditions will only be applicable if they have been communicated expressly and prior to the order.
If the member wishes to purchase an SPX Offer Product, he must proceed with the purchase by the online order method. This purchase is binding on the member. SPX will contact for confirmation, no later than seven (7) calendar days after the order. This contact will be sent by e-mail to the email address indicated by the member. This order confirmation will be considered as the moment when the Sales Contract was concluded.
SPX may decide at any time not to send confirmation or reject the product order in an explicit declaration. If the order can not be executed or can only be partially executed, SPX will inform the member and may propose a replacement Product. If SPX refuses the product order or if the member does not accept the proposed alternatives, there will be no sales contract. The member is not entitled to any form of compensation.
In accordance with the Code of Economic Law, the parties explicitly recognize that electronic forms of communication permit the conclusion of a valid sales contract. SPX may use any electronic files available to it, within the limits of the law, to prove the Sales Contract. A qualified ordinary, digital or electronic signature is not an essential condition of proof.
3. What should I pay?
All prices in respect of users are always expressed in euros and include VAT and all taxes included (if the member acts as a legal entity, the price may be exclusive of VAT). Delivery charges and other additional costs (see terms of payment) are not included in the individual price of the product. With regard to certain payment methods, other conditions apply regarding the method of delivery and any costs. Such fees are always communicated explicitly to the buyer. Any shipping costs are the responsibility of the member and appear when you confirm your digital shopping cart.
The member must pay the price communicated by SPX in its confirmation in accordance with Article 2 of the present General Terms and Conditions. SPX may correct any obvious or obvious error in the quote, such as obvious inaccuracies, also after the conclusion of the Sales Agreement. Price / pricing complaints must be communicated clearly and in writing within seven (7) calendar days. The filing of a complaint does not result in the suspension of payment.
SPX has the right to change the prices at any time, but we are committed to applying the prices indicated on the website at the time of your order. If the change in price results from changes in VAT rates, this will however be billed to the member. Special offers will only be valid while stocks last.
4. Payment Terms
All transactions made with credit and debit cards are debited when the transaction is made. We accept the following payment methods:
- Maestro
- Mastercard
- Bancontact / Mister Cash
- VISA
SPX may extend or limit payment terms in the future. The extension of payment possibilities will be communicated by the website. SPX takes all reasonable steps to ensure the security of your online transactions. We guarantee this security by calling on specialized players such as recognized credit card issuers and payment partners. SSL protection measures are taken to ensure the security of your online payment.
SPX postpones its delivery obligations until it receives full payment of all amounts owed by the member. SPX retains ownership of all Products ordered until full payment of all amounts due under the Sales Agreement, regardless of whether the delivery has already taken place or not.
If the payment can not be processed immediately due to the choice of a financial payment method that does not permit immediate payment, SPX will set a payment period of fourteen (14) days after the invoice date.
Invoices will only be communicated on request to legal persons (B2B). Users are expressly excluded from this possibility and therefore can not request an invoice.
If the member does not pay the invoice within this period, the statutory interest will be applied and will be payable without explicit notice. If SPX has not received payment after three (3) summonses, the invoice will be transferred to a collection office that continues the process. Claims must always be submitted within one week after the invoice date. The filing of the complaint does not entail any suspension of payment. All (extra-) judicial costs of any nature that SPX incurred due to the member’s non-compliance with its (payment) obligations will be borne by the member.
If the member chooses a method of payment by credit card, the conditions of the issuer of the card concerned will apply. SPX is not a part of the relationship between the member and the issuer of the card.
5. How will my Product be delivered?
We process each order as soon as possible. However, the order depends on available stocks. In the event that a product you have ordered is not in stock, we undertake to inform you by email, within fifteen (15) days after placing the order, and to inform you of the delay in which the product can be delivered to you.
The ultimate delivery time for users is 30 calendar days after receipt of the order. If SPX fails to deliver the Products at the agreed time with the user or within thirty (30) calendar days, the Member requests delivery within an appropriate additional period of time depending on the circumstances. If SPX does not deliver within the additional period, the member has the right to terminate the Sales Agreement. In such event of termination, SPX will indemnify all amounts paid as soon as possible and no later than fourteen days (14) after the termination of the Sale Agreement. Exceeding the delivery time does not give rise to any other compensation. If an order can not be delivered within the specified time, an investigation will be initiated with the carrier, which may take several days. During this period, no refund or other shipment can be made.
If you order a Product that is temporarily out of stock, you will be notified when the product is available again. The delivery time starts from the moment the Products are back in stock.
Currently, SPX offers a method of delivery to its members, namely: on-site pickup.
SPX bears the risk of damage and / or loss of the Products up to the moment of delivery. The risk of the Products is transferred to the member as soon as the member or a third party appointed by him receives the Products ordered. In principle, each delivery requires the signature of a delivery confirmation, but the absence of a signature has no influence on the transfer of risk.
6. When does the user have a right of withdrawal?
The user has a right of withdrawal in accordance with Article VI.47 Code of Economic Law. On the basis of the right of withdrawal, the user may cancel the purchase within fourteen (14) calendar days from the day following delivery of the Product. The user is not obliged to pay compensation or to justify himself. SPX will of course appreciate your comments in order to improve its services.
In case of correct use of the right of withdrawal SPX will promptly refund the user, and certainly within fourteen (14) calendar days. SPX reimburses the user using the same method of payment as the one used in the original transaction, unless specifically agreed otherwise. In any case, the refund will not cause any costs for the user.
6.2 How to correctly exercise this right of withdrawal?
The user wishing to invoke the right of withdrawal must always communicate this expressly, unequivocally and obligatorily in writing to SPX. The user can invoke this right with an email addressed to: [email protected]. This communication must be made within fourteen (14) calendar days from the date of receipt (physical) of the Products.
In his communication, the user is obliged to mention the following information:
- Date of order, date of receipt and date on which the right of withdrawal is used;
- Name and address of the user;
- User signature.
Next, the user must promptly return the Products in question to SPX no later than fourteen (14) calendar days after the communication. As long as no proof of return has been provided by the user, SPX has the right to suspend the refund.
If the Products are impaired by use beyond what is necessary to establish the nature, characteristics and operation of the Products, the User will be liable for such loss. SPX has the right to take into account this reduction in value in proportion to the user. And this, however only after SPX has reimbursed itself the full initial purchase amount to the user.
If the user does not meet the above conditions, it is a question of an illicit use of the right of retraction. In this case, the Products will be returned to the user, for his own account and at his own risk. SPX is committed to clearly communicating its motives to the user.
7. Guarantee
7.1. Overview
The obligation of legal guarantee, as determined in Article 1649 quater of the Civil Code, is fully applicable to these Terms and Conditions. Each user has a warranty period of two (2) years. The user may use this legal warranty when the delivered Product does not correspond to the Product requested or ordered (nonconformity), provided that the user could not find this non-conformity upon receipt of the Product.
- If the Product fails within the first six (6) months after delivery, the presumption exists that the defect exists since delivery. SPX can prove the opposite.
- If the Product fails more than six (6) months after delivery, the user must prove that the Product was non-compliant at the time of delivery.
In addition, pursuant to sections 1641 to 1649 inclusive, SPX is liable to all members (users and professional members) for hidden (hidden) defects in the Products delivered by it. For the user, this plan is applicable after the two-year legal warranty period has ended. The hidden defects plan is not applicable if the member was aware of these defects at the time of purchase. Therefore, each member is entitled to compensation if he finds, after delivery, a latent defect in the Delivered Product, in accordance with the legal requirements.
The legal warranty and the warranty for hidden defects are not applicable in the following cases:
- damage caused by normal wear and tear, accidental or intentional changes to the Products by the limb, including improper use and exposure to moisture, fire, earthquake and other external causes;
- damage caused by the use in a manner that does not comply with the instructions and information provided;
7.2. Complaints
Upon receipt of the Products by the Member or a third party designated by the Member, the Member shall thoroughly review the Products. If a Product is tainted with apparent defect, a complaint may be filed. The member must communicate these complaints expressly, unequivocally, in a reasoned manner and in writing to SPX, preferably to sign for receipt and no later than seven (7) business days to the member or a third party designated by the member (or within seven [7] business days after the invoice date if the goods have not been delivered / could not be delivered to the member The member is obliged to provide sufficient reasons for this communication. is not or not sufficiently motivated does not have the right to return the Products Each member is obliged to return to SPX the nonconforming Product within thirty [30] calendar days after the lodging of the complaint for its repair, replacement or refund, otherwise the suspension of the legal warranty period will be considered invalid.The thirty [30] calendar day period is not applicable when it is clear that the Product has been damaged as a result of transportation. In such a case, the member will return the Product immediately and at the latest within three [3] calendar days.
If a product is assigned a hidden defect, a complaint can also be filed. The Member must make such complaints explicit, unequivocal, motivated and in writing to SPX within seven [7] calendar days of discovering the defect. The member is obliged to sufficiently motivate this communication. A member who files a complaint that is not or insufficiently motivated does not have the right to return the Products.
Products that are subject to an apparent defect must be returned to SPX, always in their original condition, packaging, accessories and documentation included, each time accompanied by the original invoice or a valid proof of payment. Any breach of this obligation will be deducted proportionately upon repayment.
Products affected by a hidden defect must be returned to SPX in their current state, including accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any breach of this obligation will be deducted proportionately upon repayment.
The return of a non-compliant or defective Product [both apparent and hidden defects] is always at the risk of the member. Return costs are the responsibility of SPX, provided that the member meets the guarantee conditions. The member who unduly returns a Product to SPX will bear the costs himself. SPX advises in any event to return these Products by a recommended route with insurance, in order to avoid the risk of loss and theft. This return must be made at the latest within seven [7] calendar days after the communication.
8. Superior force
If, because of a circumstance beyond its control, SPX is prevented, in whole or in part, from complying with its obligations to the other party, there will be a question of force majeure. In this case, SPX is not obligated to respect its obligations to the other party. SPX has the right to suspend its obligations for the duration of the force majeure.
9. Intellectual property
All intellectual property rights and derivative rights relating to products and trade names remain with SPX. These intellectual property rights are understood to mean copyrights, trademarks, design rights and / or other rights (intellectual property rights, in particular the technical and / or commercial know-how which may or may not be patentable). Prohibits the member from using and / or making changes to the intellectual property rights as described in this section, except in the case of a purely private use of the Product itself.
10. Processing of personal data
The information indicated by you is necessary to process and complete orders and establish accounts and guarantee contracts. If this data is missing, the order will inevitably be canceled. Indication of incorrect or incorrect personal data will be considered a violation of these Terms of Sale. The member’s personal data will only be processed in accordance with the privacy statement which is available on our Website.
11. Applicable law and competent court
These Conditions of Sale are exclusively governed and interpreted in accordance with Belgian law. All offers and sales contracts are exclusively subject to Belgian law. The application of the Vienna Convention on Contracts of Sale is expressly excluded.
In the event of any dispute regarding the execution or the interpretation of these Conditions of Sale, SPX will make every effort to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).
All disputes relating to or arising from offers of SPX or sales contracts concluded with the company will be submitted to the courts of the judicial district of East Flanders.
As a user, you also have the option of submitting a dispute over the Terms of Sale to an independent dispute resolution body (such as the Dispute Resolution Board). For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
