The Site is operated by Vital Signs B.V. (the “Company”) registered in Belgium, registered in the KBO under number 0729867887, with a registered office at Eikenstraat 93, 8530 Harelbeke, Belgium.
The information contained on the Site is for general guidance only. Neither the Site, nor the services offered through the Company constitute medical advice, and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional.
ARTICLE 1. DEFINITIONS
In this document, the following terms shall have the following meanings:
The “site”: www.abel.care The “user”, or the “consumer”: any natural person who is not acting in the exercise of a profession or a business. The “company”: Vital Signs B.V. operating www.abel.care A “distance contract”: a contract whereby one or more means of distant communication are used exclusively within the framework of a sales system organized by the trader. The “means of distance communication”: means that can be used to conclude a contract, without the consumer and the company meeting simultaneously in the same place. The “grace period”: the period during which the consumer can exercise the right of withdrawal. The “right of withdrawal”: the possibility for the consumer to withdraw from the distance contract within the grace period. A “day”: a calendar day. An “order”: an offer by a user to purchase products and/or services through the Site. The “accredited laboratory(ies)”: the testing services provider responsible for running the screening on the biological sample. The “product”: a kit which enables the user to take and store a biological sample in it. The “services”: testing the sample that the user send to the accredited laboratory, and providing the user with the test information coming from the accredited laboratory.
ARTICLE 2. COMPANY DETAILS
Company Name: Vital Signs B.V.
Company Address: Eikenstraat 93, 8530 Harelbeke
Company Number: 0729867887
Email address: firstname.lastname@example.org
ARTICLE 3. THE APPLICABILITY
These general terms and conditions apply to each product and service offered by the company and to each distance contract concluded between the company and the consumer.
Deviation from one or more of the provisions of these general terms and conditions is only possible on condition that explicitly agreed upon and written proof is provided. The other provisions of these terms and conditions shall remain fully applicable in that case. General terms and conditions used by the consumer are not applicable.
ARTICLE 4. THE OFFER
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the company uses images, these are a true representation of the products and/or services.
Each offer contains such information that makes it clear to the consumer what rights and duties are attached to accepting the offer. This concerns in particular:
the price; any taxes; the costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery or execution of the agreement; the period for acceptance of the offer, or the period for maintaining the price; the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
ARTICLE 5. THE CONTRACT
The contract goes into effect the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the contract.
If the contract is concluded electronically, the company shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure online environment.
The company can inform itself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If on the basis of this research, the company has grounds not to enter into the agreement, the company is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
ARTICLE 6. THE PRICE
All prices are expressed in EURO (and if applicable in other international currencies such as the GBP and USD) and include VAT and other taxes.
The consumer owes the price that the company in its confirmation, in accordance with Article 5 of these terms and conditions, has communicated.
Obvious or abundantly clear errors in the quotation, such as evidently false values, can be corrected by the company after the conclusion of the contract. Any shipping costs are on the consumer and will be displayed when checking out the digital shopping cart.
ARTICLE 7. THE PAYMENT
In order to ensure the security of online transactions, the company cooperates with recognised payment partners and credit card issuers. Payments are processed through the secure system of Mollie which accepts the following (credit) cards: Visa, Mastercard, Paypal.
Online payments are thus carried out via a closed security system, which always encrypts the bank details when sent over the Internet. Loss or theft of the identity or credit card data of the consumer is kept to a minimum. Any identity theft or financial theft can therefore not be invoked against the company.
The company is not a party in the relationship between the consumer and the card issuer. If a method of payment with a credit card is chosen, the conditions of the relevant card issuer will apply.
The consumer’s order is only effective when the secure bank payment institution has given its consent for the execution of the financial transaction. In case of refusal of the secure bank payment institution, the order will automatically be canceled and the consumer will be informed by e-mail.
The consumer is also responsible for all costs, of whatever nature, that the company has had to incur as a result of the customer’s non-compliance with his/her (payment) obligations.
ARTICLE 8. RIGHT OF WITHDRAWAL
When purchasing products on the Site, the consumer has the option of dissolving the distance contract for a period of fourteen days, commencing on the day of entering into the contract.
During this grace period, the consumer will handle the product and its packaging with care. If he exercises his right of withdrawal, he or she will return the product with all delivered accessories and – as far as reasonably possible – in its original state and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.
The company’s products are hygienic products. A test can no longer be used or sold after opening. Therefore, the company has a limited right of withdrawal whereby only the products that do not work properly, can be returned after opening. The products for which the activity is sound, the company can not take back after opening or after use.
If the consumer makes use of his right of withdrawal, he will be liable for a maximum of the costs of returning the goods. If the consumer has already paid an amount, the company will refund this amount as soon as possible.
When providing services, the consumer has the option of dissolving the contract, without giving any reason, for a period of fourteen days, commencing on the day on which the contract was concluded.
ARTICLE 9. THE DELIVERY AND EXECUTION
The company will take the greatest possible care when receiving and in the execution of orders for products, as well as in the assessment of applications for the provision of services.
The place of delivery is the address that the consumer has given to the company.
The company will execute the orders within 30 days at the latest, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or can only partially be carried out, the consumer will be notified no later than 30 days after he or she has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In the event of dissolution of the contract as referred to in the previous paragraph, the company shall repay the amount paid by the consumer within 30 days of dissolution at the latest.
If delivery of the ordered product turns out to be impossible, the company will make every effort to provide a replacement product. A clear and comprehensible notification will be given at the latest at the time of delivery, that a replacement product has been delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The costs of any return shipment shall be borne by the company.
The company takes no responsibility for late deliveries or for an order that is lost by third parties or due to unforeseen circumstances or cases of force majeure. If an order is not delivered within the indicated time, an investigation will be carried out by the carrier, which may take several days. During this period, it is not possible to make a refund or another shipment.
ARTICLE 10. THE ACCOUNTABILITY
If the company, for whatever reason, has to compensate damage to a consumer, then that compensation will be limited to an amount equal to the invoice value of the purchased products and/or services.
The company can not be held liable for:
Damage in case of bad or incorrect use of the products. The consumer should carefully read the operating instructions first. If the instructions in the operating instructions are not (properly) followed, this may affect the reliability of the test result; The lack of medical advice; Damage due to no or insufficiently specialized follow-up by a (general) physician. The test results of the products are purely indicative. The company is only responsible for the distribution of the products and the communication of the test information from the accredited laboratory; Possible changes to the products made by the manufacturer, errors in the manufacturer’s package leaflet or technical defects of the products; Deviation from the pictures on the website with regard to the delivered products. These pictures are for information purposes only; The content of internet sites to which the user can click through via this website.
ARTICLE 11. THE PROCESSING OF PERSONAL DATA
ARTICLE 12. THE HANDLING OF COMPLAINTS
Complaints about the performance of the contract must be submitted to the company within a reasonable period, fully and clearly described, after the consumer has discovered the defects.
If a consumer has a disagreement with the company and has already consulted him about it, the consumer can ask for advice or lodge a complaint with the European ODR Platform.
ARTICLE 13. APPLICABLE LAW AND COMPETENT COURT
All contracts concluded between the consumer and the company are exclusively governed by Belgian law.
All disputes relating to or arising from offers made by the company or agreements concluded with the company will be submitted to the competent territorial court, unless a mandatory statutory provision expressly designates another court as the competent court.