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General Sales Conditions

CONTRACTUAL CONDITIONS

TITLE I – GENERAL AND COMMON PROVISIONS

 Article 1 - Introduction

The address http://www.medinet.be is a website accessible via the Internet published by the Company MEDINET, nv registered under the number BE 0466 070 251, whose registered office is located at Ijsedal 6, 3040 Huldenberg – Belgium offering medical equipment resale, recycling and refurbishing services.

These contractual conditions define:

  • The conditions and terms according to which the Medinet Store offer articles for sale;
  • The conditions and terms according to which the Users may buy on www.medinet.be or from the company Medinet;

The parties agree that this contract is subject to Belgian law. In the event of any dispute on the interpretation or implementation of these conditions and after failure of all attempts to find an amicable solution, specific competence is attributed to Belgian courts in Leuven.

For any complaint, the User must send a letter to the company seat or an email to diederick.geerinckx@medinet.be

 Article 2 - Definitions

The following terms and expressions have, unless specified otherwise, the meaning that is given to them below, regardless of whether they appear with a capital or small first letter or whether they are in the singular or plural, in these contractual conditions or in any other document from the various companies in the group and/or from Medinet relating to the purpose of the contractual conditions.

  • User: the natural person or legal entity that is identified and registered on the www.medinet.be site in order to purchase one or more Articles on the site and to use the site’s services that require registration. If the User is a natural person, to be able to conclude a sale he/she must be over the age of 18 years and have the capacity to possess rights and be bound by obligations. If he/she is under 18 years of age, the User must have been declared of full age.
  • Seller: a natural person or legal entity that has put for sale Articles that he/she wishes to sell on the www.medinet.be site.
  • Buyer: a natural person or legal entity that has placed an order on the www.medinet.be site.
  • Article: refers to a material object that is put for sale by a Seller on the site
  • Commission: refers to the sum received by Medinet in compensation for its role as the Seller’s Authorized Representative. Its method of calculation is determined in these contractual conditions.
  • Access provider: MEDINET nv
  • Delivery costs: refers to transport costs
  • Service costs: refers to a sum of money received by Medinet defined all-inclusively according to the characteristics of the sold Article. It covers handling fees, validation and advertising fees. It doesn’t cover delivery and refurbishing costs.
  • Store: Establishment under the Medinet.be banner where Articles put for sale by the Sellers are sold
  • Purchase price: refers to the price of the Article on the date of its purchase. This is the selling price less eventual discounts.
  • Selling price: refers to the price of the Article determined by the Seller on the date when it is put for sale.
  • Overall price: refers to the price of the Article paid by the Buyer. It consists of the purchase price, plus the delivery and service costs.
  • Retrocession: means the sum paid to a Seller by Medinet at the end of a sale, the amount of which is equal to the purchase price less the commission.
  • Site: means the e-commerce site published by MEDINET nv and accessible via the Internet at the address http://www.medinet.be
  • Medinet.be: Filed trademark, the property of MEDINET nv (business registration number xxxxxxxxxxxx)

 Article 3 – Purpose of the contract

Since the site proposes second-hand articles (unless indicated otherwise) for sale, the User is required to be particularly vigilant when making a Purchase.

The purpose of this contract is to define:

-       the conditions and terms according to which Medinet proposes for sale via the Internet Articles put for sale by the Sellers. Medinet’s services are subject to these contractual conditions that take precedence over any other stipulation made by the User.

-       the conditions and terms according to which the Advertisers post ads on the Medinet.com site for their personal needs.

Moreover, these contractual conditions are to inform any User on the conditions in which Medinet facilitates the sale of objects put for sale by the Sellers.

The fact that a User clicks on an icon allowing him/her to read these contractual conditions and then to tick the box entitled “I accept these contractual conditions” is valid as irrevocable and definitive consent by him/her concerning all the provisions contained in the contractual conditions.

Any order placed by the Buyer or any putting for sale by the Seller implies the acceptance by each, without restriction or reserve, of these contractual conditions.

 Article 4 - Registration

There is no charge for registering on the site. Only Users registered on the site may make a purchase offer and conclude an online sale.

Registration on the site is subject to the following cumulative conditions:

-       The User must provide his/her telephone number, email address and a postal address to which, notably, the Articles that he/she may buy will be sent. The User undertakes to provide Medinet with current, full and accurate information and to keep his/her personal particulars updated. Any modification to his/her personal particulars must, therefore, be notified to Medinet, notably in the case of a change in postal address or email address. Failing this, the User shall bear the consequences.

-       The User, when registering on the site, acknowledges to fulfil all these cumulative conditions, the access provider reserving the right to request the User for any written document providing evidence of their situation.

For the User, the validation of the online registration conditions and terms implies the acceptance of all these contractual conditions.

At the end of the registration formalities, an account is opened in the name of the registered User who shall have previously chosen an email address as login and a confidential password. This account is accessible by the User by inputting his/her login and confidential password.

The login and confidential password are strictly personal and confidential. The User registered on the site undertakes not to communicate these. The User is the sole liable in the case of the conclusion of a sale/sales, even without his/her knowledge, by a person using his/her login and confidential password and shall alone bear the consequences.

The User undertakes to reveal any use by a third party of his/her login and/or confidential password as soon as he/she becomes aware of this.

The User undertakes not to create or use accounts other than the account initially created for him/her.

With the signing of the Convention, the user is informed and agrees expressly to MEDINET conducts its own data processing / data concerning (which including, without that this enumeration being restrictive, its name, address, work phone number, number of Professional fax, professional email...), for purposes including the management of its customers. In this context, MEDINET acts of controller. In accordance with the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, these treatments have been reported to the Commission for the Protection of privacy.

MEDINET has taken technical and organisational measures necessary to ensure the security and confidentiality of the processing, as well as to comply with the Act of 8 December 1992. It undertakes to immediately inform the user of any application submitted by a public authority for access to the data being processed and any accidental or access authorized data said.

Where dated and signed written request, the user may, after having justified its identity (copy identity card), get free written communication of personal data concerning which are processed by MEDINET as well as, where applicable, rectification of those that would be inaccurate, incomplete or irrelevant. The user can oppose the processing of his data for direct marketing purposes.

If, subsequent to the acceptance of these Conditions General in the context of the use of the Services the user intends to oppose the processing of his personal data for the purposes mentioned in this article, it is required to notify MEDINET, which will terminate the access to the Services unless the user is liable for a any compensation, but nevertheless without repayment of the sums due in respect of compensation under the Convention.

The responsible for the treatment, which can be addressed any question or query is Mr Diederick Geerinckx (MEDINET nv – Ijsedal 6, 3040 Huldenberg).

For the User, the fact that he/she accesses the www.medinet.be website implies he/she accepts all these conditions.

 

TITLE II – CONTRACTUAL CONDITIONS APPLICABLE TO THE SELLER

 Article 5 – Seller’s declarations

The Seller makes the undertaking that the Articles put for sale are not contrary to public policy, accepted standards of good behaviour, Belgian law in force, the national law of his/her place of residence and the rights of third parties, and that they are not likely to be disturbing for minors.

The Seller is prohibited from directly or indirectly selling, through the intermediary of the Site notably, the list not being exhaustive:

-       Articles directly or indirectly inciting racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hate or violence,

-       stolen Articles,

-       Articles of a defamatory or injurious nature, or constituting an invasion of privacy or an offence against the honour or reputation of others,

-       Articles infringing intellectual property rights (notably, counterfeit goods, counterfeit digital files, prohibited copies of audio or video recordings),

-       Articles that do not meet the standards applicable to them,

-       Articles whose Sale is prohibited by regulations in force (animal fur, ivory, alcohol, etc.).

The Seller undertakes to inform the site as soon as he/she becomes aware that the sale of an Article put for sale is prohibited, as indicated above.

The Seller makes the undertaking that the Articles put for sale are

-       listed in one of the categories of Articles indicated on the Site,

-       in his/her possession. The Seller is prohibited from selling Articles which he/she does not fully own and/or which he/she may not freely dispose of.

 Article 6 – Conclusion of the contract

The Seller is bound as of the moment that he/she has validated that the Article is put for sale by mandating Medinet in written to sell the article for him.

Any putting for sale implies the prior acceptance by the Seller of these conditions.

The online posting may be interrupted at any time on the initiative of Medinet and/or the access provider if it emerges that the Article does not meet the criteria defined in article 5 or is not in compliance with the description that the seller has made.

The Seller shall be promptly informed of this by email.

It is recommended that the Seller should keep the information provided on a computerized document or as a hard copy.

 Article 7 – Term and end of the contract

The contract is concluded for an initial term of 1 year. It ends automatically after the sale of the Article.

After the time limit of 1 year has expired, the non-sold Article is withdrawn from sale. The seller may fetch back the article or ask a delivery back at the standard rates. If the seller doesn’t request back the article within 30 days after the withdrawal of the sale, it becomes the property of Medinet n.v. .

 Article 8 – Selling price

The selling price of the Articles is determined by the Seller on the day when the contract is concluded (D day). This selling price will be applied the first 3 months (90 days).

If the article hasn’t been sold in this 90 days period, Medinet may apply a 7% discount on the agreed selling price.

If the Article hasn’t been sold in the subsequent 90 days period (180 days in total), Medinet may apply a 15% discount on the agreed selling price.

If the Article hasn’t been sold in the subsequent 90 days period (270 days in total), Medinet may apply a 25% discount on the agreed selling price.

If the Article hasn’t been sold in the subsequent 95 days period (365 days in total), the article is withdrawn from the sale.

 Article 9 – Overall price

The overall price of the Articles is determined by Medinet on the day when the contract is concluded with the Buyer. It consists of the purchase price, plus the delivery costs and the taxes, if applicable.

 Article 10 – Commission

Medinet is entitled to retain a commission on the overall price. The commission is calculated on the purchase price following the next grid:

 

Commission

Spare parts or equipment of less than 250 €

50%

Value of equipment between 250 - 500 €

40%

Value of equipment between 500 - 1.000 €

35%

Value of equipment between 1.000 - 2.500 €

30%

Value of equipment between 2.500 - 5.000 €

25%

Value of equipment between 5.000 - 10.000 €

22%

Value of equipment of 10.000 € and more

20%

Costless take-away of non-functioning

 

electronic equipment

 

 Article 11 – Retrocession

Medinet will retrocede to the seller the amount of which is equal to the purchase price less the commission and the service costs. This payment will happen at the end of the month following the month that Medinet received the payment of the buyer.

 

TITLE II – CONTRACTUAL CONDITIONS APPLICABLE TO THE BUYER

 Article 12 – Declarations of the Buyer

The Buyer is prohibited from directly or indirectly buying the following through the intermediary of the Site, the list not being exhaustive:

-       Articles directly or indirectly inciting racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hate or violence,

-       Articles that he/she knows have been stolen,

-       Articles of a defamatory or injurious nature, or representing an invasion of privacy, an offence against the honour or reputation of others,

-       Articles infringing intellectual property rights (counterfeit goods, counterfeit digital files, prohibited copies of audio or video recordings notably),

-       Articles that do not meet the standards applicable to them,

-       Articles whose Sale is prohibited by regulations in force (animal fur, ivory, alcohol, etc.).

 The Buyer undertakes to inform MEDINET n.v. as soon as he/she becomes aware that the sale of an Article put for sale is prohibited as indicated above.

 Article 13 – Conclusion of the contract and proof of transactions

13.1 – Conclusion of the contract

Any order placed on the www.medinet.be site or in written is binding on the Buyer.

Any order implies the prior acceptance by the Buyer of these conditions.

In all cases, the Buyer must confirm his/her order the details of which (Article description, photograph, payment method and delivery method) and the total overall price including VAT is displayed on the screen, with any additional delivery costs.

The information provided by the Buyer when placing his/her order is binding on him/her and Medinet shall not be liable for any error in the wording of this or in the recipient’s address.

The data recorded by the payment system used by the Buyer constitutes the proof of all the financial transactions concluded between the Buyer, Medinet and the relevant banking establishment.

It is recommended that the Seller should keep the information provided on computerized document or as a hard copy.

 13.2 – Performance of the contract

The purchase is made in the following conditions precedent:

-       the availability of the Article at Medinet,

-       the compliance of the bought Article with the description of the sold Article, its photograph and the use habitually expected of a similar object.

A confirmation email is sent to the Buyer. It contains all useful information concerning the description of the Article, its price, withdrawal period conditions, the postal address and telephone number of Medinet where the bought Article will be available and informs the Buyer that he/she has a time limit of 7 days as of the sending of the said email to collect the Article.

If the conditions precedent are not fulfilled, the Article is deemed unavailable and the sale becomes null and void. Medinet shall promptly inform the Buyer of this by email.

 Article 14 - Price

The prices of the Articles are indicated and expressed in Euros, including VAT. The Buyer must obtain information on the import duties or taxes applicable to the bought Articles for export and declares to deal with their declaration and payment. The Buyer shall personally deal with the costs linked to exchange rates.

The overall Price includes the purchase price of the Article, plus the delivery and service costs. The delivery costs depend on the type of product.

Transport by a courier or removal service: for the courier service the rate is indicated on the product sheet; for the removal service, a quote request form is at your disposal on the product sheets when this is proposed.

 Article 15 – Payment of the Price – Secure Payment

The price is payable immediately on the confirmation of the order.

Payment is made by credit/debit card /visa, mastercard, carte bleue) in compliance with the general conditions of the SSL payment system.

In the event that the payment authorization is refused by the banking establishment, the order will simply be cancelled.

The credit card numbers are not, under any circumstances, communicated by the banking establishment which is the sole holder of these.

The online payment system of the www.medinet.be Site is secure according to the SSL (Secure Socket Layer) procedure, all information relating to the credit/debit cards being encrypted.

 Article 16 – Withdrawal right and period

The Buyer has a time limit of seven days to withdraw and return the Article in its original condition and packaging, without penalties apart from the costs of returning it.

The time limit runs as of receipt of the Article.

When the seven-day time limit expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day.

Medinet promptly refunds the Buyer and at the latest within thirty days of the date of withdrawal.

The withdrawal right may not be exercised for  the supply of goods made according to the Buyer’s specifications or clearly personalized, or which, due to their nature, may not be re-dispatched or are likely to rapidly deteriorate or expire;

 Article 17 – Collection and Delivery of the Articles - Failure

17.1. Collection from a store

If the Buyer has decided to take delivery himself/herself of the Article in Medinet and if he/she does not respect the 7-day time limit applicable to him/her, Medinet will send him/her a formal reminder by email. Eight days after the said formal reminder has been sent and produced no effect, the sale is automatically cancelled.

17.1. Articles whose weight is < 70g or whose volume is < 1m3: delivery by courier

Medinet ensures the delivery of the Articles not requiring more than one person for their handling, whose weight is less than 70 kg or whose volume is less than 1 m3.

The Article is delivered within thirty days of the day when the Buyer placed his/her order, under threat of cancellation of the contract and refund of the amounts paid.

The Articles are delivered to the ground-floor door, by appointment, give or take an hour, to the address indicated by the Buyer without being put into service.

If the Buyer is absent at the time of the delivery, the Articles are held at the disposal of the Buyer (upon presentation of an identity card, passport or similar proof of identity) during a period of 7 working days on the platform of the transporter indicated on the delivery slip placed in the letter box; after this time limit, the Articles are returned to Medinet. The Buyer is then refunded, with the exception of the carriage costs that remain payable by him.

During the delivery, the Buyer is bound to protect all fragile floorings, parquet, marble, plastic, etc. No complaint is admissible in the case of damage.

 All deliveries must be checked with the transporter so that any trace of impact can be indicated on the delivery slip or so that the Article may be refused if the damage noted makes it necessary for the Article to be returned to Medinet.

The indication “received damaged parcel” must be indicated on the delivery slip; the formula “subject to unwrapping” has no legal value.

If damage is thus noted at the time of delivery, the Buyer must return the parcel to the transporter and has a time limit of 48 hours to confirm the noted damage to Medinet by registered letter with request for acknowledgement of receipt. In the case of return of the Article due to damage, Medinet refunds the Buyer promptly. In any event, the amount of the compensation is limited to the overall price.

In the event of non-respect of the procedure described above, no request for compensation shall be taken into account, whether it concerns the refund of the transport costs or the refund of the purchased article.

 Any exceeding of the delivery time shall not lead to a refund of the price or the cancellation of the sale if the Article is delivered within thirty calendar days of the day when the Buyer placed his/her order.

17.2 – Articles whose weight is > 70 kg or whose volume is > 1m3

 Delivery of these Articles is ensured by an independent transporter.

 17.3 – Large Medical Devices

 The above delivery methods do not apply to articles falling into the category of large Medical Devices and the Buyer must personally organize their transport.

TITLE IV -  Miscellaneous provisions

The Convention, and these General Conditions that make it integral and inseparable, represent all of the agreements between the Parties relatively services.

In the event of a conflict between a provision of the Convention and a provision of these General Conditions, the provision of the Convention shall prevail.

Any clause in the agreement (including these terms and conditions) which would be declared illegal, invalid or cannot leave its effects will affect any provision or other clauses or provisions of the Convention or these General Conditions the legality, validity or effect of the rest.

The fact that MEDINET would not prevail at a time given to a provision of the Convention (including these General Conditions) will never be construed as a waiver to use later.

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