These general terms and conditions of sale apply to all offers, orders and agreements with our company, the Patella bv (Surgeonious®), Sint-Jorisstraat 33, 8000 Bruges (VAT no. BE0435.214.254). Every sale is made under these special conditions as stipulated in the sales agreement or order and under the general terms and conditions of sale. Only these conditions apply and by the fact of his order the buyer formally acknowledges and accepts these general conditions of sale.
- All commercial transactions with our company are subject to our general terms and conditions of sale. They take precedence over any purchase conditions of the buyer. Any deviation from these conditions must be made in advance and in writing. The general conditions of sale for export are determined separately.
We reserve the right to change the conditions of our quotations, as well as those given by our representatives.
- Changes and cancellation of trade transaction.
An amendment or cancellation for any reason of the commercial transaction that is the subject of the contract is possible only after our written agreement. In this case, our company is entitled to demand payment of 35% of the sales price for expenses paid and lost profits. Sales items that do not belong to our stock and were therefore specially ordered at the request of the buyer will neither be taken back nor exchanged.
Goods are delivered from our warehouse and travel at the risk and responsibility of the consignee/purchaser, even in the case of delivery postage paid or at the company’s expense.
- Delivery term.
Delivery terms are given only by way of information and are not binding. No delay in delivery or execution can give right to any compensation whatsoever, nor give rise to the annulment of the contract.
- Guarantee and complaints.
The consignee/purchaser is requested to check each package on arrival before accepting it. In case of defect or damage, the consignee must submit written recourse against the carrier at the time of receipt of the goods. The company guarantees the delivered products and appliances against visible and invisible defects. This is done in accordance with the warranty given by the manufacturer. Visible defects must be reported to us within 8 calendar days of receipt of the goods and/or devices. Invisible defects must be reported within 8 days of their discovery, but at the latest 3 months after receipt of the goods. However, no complaint will be accepted, even before the expiration of the above mentioned deadlines, if the goods are no longer in the original condition in which the goods were, when they left our warehouse. Complaints must be made by registered mail. If the complaint proves well-founded, our responsibility is limited to the repair or replacement of the device or product we delivered. It never includes any compensation for any reason.
The alleged defective goods must be examined contradictorily by a representative of the seller.
- Return of goods.
Products or devices can only be returned after prior consent from us.
- Terms of payment.
Payment is made in cash upon delivery. However, the conditions printed on the invoice take precedence over the general conditions of sale. No advance payment with deduction of discount may be made without prior authorization. In the event of non-payment within the period stipulated on the invoice, the customer will automatically be required to pay an additional compensation of 20% of the sums invoiced, without this being less than 50 euros. In addition, the customer shall be required by law to pay overdue interest of 12% per year from the due date until the day of payment on all sums due.
- Force Majeure.
All cases of force majeure suspend or dissolve the contractual obligations of our company without any liability on our part.
- Ownership of goods.
The goods remain the property of the seller until the corresponding price has been settled in full.
Failure to fulfill obligations.
If the buyer would not fulfill his obligations e.g. if he would pay late or not at all, the seller has the right to consider him deprived of the privilege of the installments he can still assert, to withhold the goods that have not yet been delivered and to cancel the contract. All goods already delivered will have to be returned immediately. A sum equal to 35% of the balance of the contract is due as compensation. The provisions of this article must be served by registered mail.
- Processing personal data
As a result of the trading relationship, our company will process certain personal data of the buyer. In this regard, our company should be regarded as the processing controller. The processing of these personal data is necessary for the proper execution of the agreement you enter into with us. In doing so, this personal data can also be used to keep you informed about our products and services. However, these personal data will never be passed on to third parties except to our suppliers in the case of certain guarantee obligations. In any case, we ensure that any processing is carried out with the necessary confidentiality and appropriate security measures. More information can be found in our Privacy Statement which can be consulted on our website.
- Applicable law and jurisdiction of the courts.
All disputes relating to the present agreement, either the existence or execution of the purchase or the interpretation or execution of the present terms and conditions are governed by Belgian law. They belong exclusively to the jurisdiction of the Justice of the Peace and the Courts located in the jurisdiction of our registered office.