TERMS OF SERVICE
for the online shop http://www.oxypas.com, hereafter referred to as the “Website”.
General Terms and Conditions of FLA Europe nv
FLA Europe nv
Lindestraat 58 42
9700 Oudenaarde (Belgium)
Telephone: +32 (0)55 33 56 56
Managing Director: Eddy Dumarey
This Website is operated by FLA Europe nv, hereafter referred to as “Oxypas”. Throughout the site, the terms “we”, “us”, “our” and “Oxypas” refer to FLA Europe nv.
FLA Europe nv is a company registered in Belgium with the district court of Oudenaarde under number RPR Oudenaarde 0420.212.809 with registered office at Lindestraat 58, 9700 Oudenaarde, Belgium. If you have any comments or suggestions, please send them by e-mail to firstname.lastname@example.org.
You can read our Terms and Conditions at any time on our Website. You may print out this document or save the file on your computer in PDF-format. They will be sent with any order confirmation as an attachment in PDF-format.
The client is responsible for correctly entering his data. Oxypas cannot be held responsible in any way for errors resulting from said data. Administrative costs can be charged, if invoices are to be rectified.
If a customer places an order on behalf of a healthcare institution or a company, he declares to be formally authorized to do so, using the email address he has registered with. The customer is responsible for possible misuses of these data by other people.
- The customer can select and order products on the Website.
- The customer can find a detailed description of each product on the Website.
- The customer can select products on the Website and put them in a virtual shopping cart. At the end of the ordering process, the customer will be able to see an overview of the selected products in his shopping cart with the total price to pay, all taxes and shipping costs included.
- Before payment and shipment of the order, the customer has the opportunity to review his order (especially in regard to quantity and price) and change his order if he wishes so.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform Oxypas by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the cost of returning the goods.
All returned items (shoes, original packaging, accessories, instructions, & etc.) must be returned completely intact.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Oxypas will determine whether the items are in perfect condition upon receiving the package. No returns will be accepted if the returned items have been visibly used or damaged by the customer and if this use or damage has rendered the items unsuitable for sale. The customer may not demand any compensation, nor is he entitled to any refund, unless he subsequently exercises his warranty rights for sold goods.
Model withdrawal form
To FLA Europe nv, Lindestraat 58, 9700 Oudenaarde, Belgium, E-Mail: email@example.com:
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1)
Ordered on(1)/received on (1),
Name of consumer(s),
Address of consumer(s),
(1) Delete as appropriate.
PRICES AND SHIPPING COSTS
- Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown on the Website the charges you must pay and any applicable delivery charges. All prices include VAT. All charges are in the currency as shown on the website.
- The shipping costs are published in the “FAQ” section of the Website. The shipping costs include VAT.
- Our Website is designed for endconsumers only and prices will be charged with VAT included. If you are a company and wish to order and pay on invoice, please send your order by e-mail to firstname.lastname@example.org. We will inform you if we can fulfill your order.
Each order must be paid in advance by one of the payment methods offered on the website
Healthcare institutions and companies
After registration and its verification by our customer service, healthcare institutions and companies get the option to pay by invoice. Unless otherwise agreed in writing, all invoices are to be paid within 30 calendar days of issue date. The option to pay by invoice is only available for care institutions and companies in Belgium, the Netherlands, Germany, France and the UK.
Any amount unpaid on the due date shall, automatically, and without prior notice, attract interest at a rate 2% above the Belgian legal interst rate, with a minimum interest rate of 12%. If any invoice remains wholly or partially unpaid on its due date, and there is no valid reason for such non-payment, the outstanding balance shall be increades by 12%. The amount of this increase shall be not less than 50 EURO and shall not exceed 15.000 EURO, and shall be payable in all cases including those where an extension of credit has been agreed. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original date of maturity.
HOW A CONTRACT IS FORMED
- The presentation of products on the Website is not a binding offer but merely a non-binding online catalogue. The actual price and costs to pay are shown at the end of the order process, before the customer is asked to pay the order. By clicking on the button “Finish your order”, the customer commits to a binding order of the products in his shopping cart.
- Once the customer receives an automatic confirmation of the order by e-mail, Oxypas has accepted the order and the contract has been formed. Attached in this e-mail, you will find our General Terms and Conditions.
- Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the product.
CANCELLATION BY US & REFUND
We may cancel a contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
We will usually refund any money received from you, using the same method originally used by you to pay for the product.
EXECUTION OF THE CONTRACT
As far as the ordered goods are available, we will deliver the goods within 5 working days after reception of payment, unless other delivery times are indicated for particular products.
Changes, additions, limitations of the order
For questions regarding our products or your order, of if you wish to alter your order in any way, you can contact us by e-mail at email@example.com or at the phone number mentioned above during office hours (Monday till Thursday from 8:30 to 17:00 and Friday from 8:30 to 15:00 Belgian time).
- We offer different payment methods. These are mentioned during the checkout process.
- Payments are effected safely through our payment provider who handles payments made through the different payment options offered on our Website.
- In case of late payment by the customer, we will charge interest at 5% over base rate.
Oxypas has an obligation only to use its best endeavors throughout all the stages regarding accessing the Website, the ordering process, delivery, customer service or after-sale service. Oxypas cannot be held liable for any damages or inconveniences inherent to using the Internet network, specifically a disruption of services, an external intrusion or computer viruses, or for any event considered to be force majeure, as established by case law.
Oxypas may not be held liable for a Customer’s misuse and / or intensive use of items. Oxypas may not be held liable for the return of a competitor's product and / or a product not sold on this Website. It is the responsibility of the Customer to return the correct item. Consequently, Oxypas will not refund any item returned to us in error.
PROTECTION OF DATA
You agree to indemnify, hold harmless and, at our option, defend Oxypas and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
GOVERNING LAW AND CHOICE OF FORUM
These Terms & Conditions shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only before the Court of Oudenaarde (Belgium) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.