Sales terms and conditions
Article 1 - General
1.1. The present terms and conditions exclude all other terms and conditions, including those of the buyer. The present terms and conditions govern all contractual business relations between iClinique and the buyer.
1.2. The buyer explicitly waives its own terms and conditions, even if they include an exclusionary clause to all other terms and conditions.
1.3. The present terms and conditions can only be modified, by common written agreement by the parties.
Article 2 - Contract
2.1. Unless otherwise, offers by iClinique are available for 15 business days.
2.2. The contrat is concluded only after the express acceptance of the order by iClinique. The reception of the order by iClinique does not mean de facto that it has been accepted.
2.3. iClinique retains the right to refuse orders without having to justify the grounds of this refusal.
Article 3 - Delivery times
3.1. The delivery times, communicated by iClinique to its buyers, are purely indicative delivery dates and do not constitute any commitment from iClinique.
3.2. Possible delays in the delivery do not entail any compensation from iClinique. The buyer expressly renounces to seek damages to iClinique in the case of delays in the delivery.
3.3. Possible delays in the delivery do not enable the buyer to cancel orders, except if iClinique has given its express written approval.
Article 4 - Price
4.1. Unless otherwise, all prices are in euros, including VAT.
4.2. Unless otherwise, invoices sent by iClinique are to be paid at their due date.
4.3. Any invoice that is unpaid at its due date, without further notice, shall bear interests calculated by the rate of 8% per year.
4.4. Any invoice that is unpaid at its due date shall be increased, without formal notice, by a penalty clause of 10% of the total amount of the VAT included of the total of unpaid invoices, with a minimum of 75 euros.
4.5. In case of an unpaid invoice at its due date, all invoices become fully payable. iClinique reserves the right to make new deliveries only if the previous invoices have been fully paid.
Article 5 - Modifications
All modifications to transport tariffs and all new taxes occurring after the conclusion of the contract shall, without prior formal notice, result in the increase of the corresponding price.
Article 6 - Transfer of ownership and risks
6.1. Transfer of risks for the merchandise to the buyer occurs when shipped. In case of damages caused to the merchandise during transport, the buyer shall remedy to the transporter.
6.2. The transfer of ownership to the buyer occurs when the total price has been paid.
Article 7 - Guarantee
As prescribed by the law of the 1st of September 2004 concerning the protection of consumers regarding the sales of consumer goods, iClinique guarantee the buyer for the lack of conformity that would exist at the delivery of the good and that would appear in a delay of two years starting from the delivery.
Article 8 - Liabilities
8.1. To be acceptable, all complaints related to visible defects are to be notified to iClinique, by registered mail, in a two months delay after the receipt of the merchandise and before any transformation.
8.2. To be acceptable, all complaints related to a hidden defect has to be notified to iClinique, by registered mail, in a two months delay after the discovery of the defect.
8.3. Lodging a complaint do not exempt buyers to pay their invoice at the due date.
8.4. iClinique liability is strictly limited to the replacement of the faulty merchandise or the reimbursement of the invoice. The buyer renounces expressly to ask for additional payment to iClinique.
Article 9 - Cancellation
In the case of a cancellation of a contract concluded with iClinique by the buyer, the buyer will have to pay a fixed allowance of 20% of the total amount of the VAT included of the concluded contract, with a minimum of 75 euros. It will have to return the merchandise to iClinique, at its own expenses, in a delay of 3 business days following the notice of the cancellation by iClinique.
Article 10 - Interdependence
The cancellation or invalidation of one of the articles of the present terms and conditions does not affect other articles, nor the validity of the terms and conditions overall.
Article 11 - Competent courts, applicable law
11.1. Only French-speaking courts in Brussels are competent to hear disputes.
11.2. When the disputes are under the competence of the Justice of Peace, only the French-speaking Justice of peace sitting in Uccle is competent.
11.3. The applicable law for any dispute is the Belgium law.
Article 12 - No link with Apple
12.1. iClinique is a private company of a limited liability in accordance with Belgian law. It has no relationship with Apple whatsoever. iClinique is not an Apple authorised reseller. More generally, iClinique does not carry out activities subjected to the endorsement or authorisation of Apple.
12.2. Apple's intellectual property rights remain the exclusive property of Apple.
Article 13 - Processing of personal data
13.1. Personal data communicated by the buyer, when requesting the merchandise, are only processed by iClinique to answer the request or, potentially to send newsletters.
13.2. Personal data communicated by the buyers are, in no way, processed for business matters.
13.3. They can be communicated by iClinique to third parties, for example to the transporter, but only when necessary to answer the demand.
13.4. The buyer benefits from a right to access, rectification and removal of its personal data, as stated in the provisions of the 8 December 1992 Act on the protection of private life with respect to the processing of personal data.
Repair terms and conditions
Article 1 - General
1.1. The present terms and conditions exclude all other terms and conditions, including those of the buyer. The present terms and conditions govern all contractual business relations between iClinique and the client.
1.2. The client explicitly waives its own terms and conditions, even if they include an exclusionary clause to all other terms and conditions.
1.3. The present terms and conditions can only be modified, by common agreement to be written by the parties.
Article 2 - Contract
2.1. Unless otherwise, offers by iClinique are available for 7 business days.
2.2. The contrat is concluded only after the express acceptance of the order by iClinique. The reception of the order by iClinique does not mean de facto that it has been accepted.
2.3. iClinique retains the right to refuse orders without having to justify the grounds of this refusal.
Article 3 - Quote
Quotes formulated by iClinique are purely indicative. They do no constitute a commitment to the price charged to the client at the end of the intervention.
Article 4 - Repairs and delivery times
4.1. Repairs times communicated by iClinique to its client are purely indicative and do not constitute any commitment from iClinique.
4.2. Possible repairs delays do not entail any compensation from iClinique. The client expressly renounces to seek damages to iClinique in the case of repairs delays.
4.3. Possible repairs delays do not enable the buyer to cancel orders, except if iClinique has given its express written approval.
4.4. Delivery times communicated to the buyer are purely indicative and do not constitute any commitment from iClinique.
4.5. Possible delays in the delivery do not entail any compensation from iClinique. The buyer expressly renounces to seek damages to iClinique in the case of delays in the delivery.
Article 5 - Price
5.1. Unless otherwise, all prices are in euros, including VAT.
5.2. Unless otherwise, invoices sent by iClinique are to be paid at their due date.
5.3. Any invoice that is unpaid at its due date, without further notice, shall bear interests calculated by the rate of 8% per year.
5.4. Any invoice that is unpaid at its due date shall be increased, without formal notice, by a penalty clause of 10% of the total amount of the VAT included of the total of unpaid invoices, with a minimum of 75 euros.
5.5. In case of an unpaid invoice at its due date, all invoices become fully payable. iClinique reserves the right to make new repairs only if the previous invoices have been fully paid.
Article 6 - Modifications
All modifications to transport tariffs and all new taxes occurring after the conclusion of the contract shall, without prior formal notice, result in the increase of the corresponding price.
Article 7 - Guarantee
7.1. iClinique offers a 6 months guarantee on the workforce.
7.2. Guarantee relative to the pieces is the one offered by the supplier. No additional guarantee on the pieces is provided by iClinique.
Article 8 - Liability
8.1. To be acceptable, all complaints related to a visible defect are to be notified to iClinique, by registered mail, in a delay of 15 business days after the receipt of the merchandise and before any transformation.
8.2. To be acceptable, all complaints related to a hidden defect has to be notified to iClinique, by registered mail, in a 1 month delay after the discovery of the defect.
8.3. Lodging a complaint does not exempt buyers to pay their invoice at the due date.
8.4. iClinique responsibilities are strictly limited to the replacement of the faulty merchandise or the reimbursement of the invoice. The client renounces expressly to ask for additional payment to iClinique.
8.5. In case of damages caused to the merchandise during transport, the client shall remedy to the transporter.
8.6. If a device is damaged during manipulation, only important damages are accepted in return under guarantee. Damages are not considered importants: knocks, knocking in, scratches inferior to 1-cm diameter circle and deep on smartphones and tablets, or 3-cm on computers as well are the bleaching of the screen which do not prevent from a normal usage or non professional usage of the device such as yellow stains on a white screen or a white stain on a black screen.
Article 9 - Cancellation
In the case of a cancellation of a contract concluded with iClinique by the buyer, the client will have to pay a fixed allowance of 20% of the total amount of the VAT included of the concluded contract, with a minimum of 75 euros. It will have to take back its merchandise given to iClinique and cannot ask iClinique to send it back.
Article 10 - Obligation of means
iClinique is required to act on a "best efforts" basis to proceed to reparations asked by the client. iClinique is only bound to an obligation of means.
Article 11 - Interdependence
The cancellation or invalidation of one of the articles of the present terms and conditions does not affect other articles, nor the validity of the terms and conditions overall.
Article 12 - Competent courts, applicable law
12.1. Only French-speaking courts in Brussels are competent to hear disputes.
12.2. When the disputes are under the competence of the Justice of Peace, only the French-speaking Justice of peace sitting in Uccle is competent.
12.3. The applicable law for any dispute is the Belgium law.
Article 13 - No link with Apple
13.1. iClinique is a private company of a limited liability in accordance with Belgian law. It has no relationship with Apple whatsoever. iClinique is not an Apple authorised reseller. More generally, iClinique do not carry out activities subjected to the endorsement or authorisation of Apple.
13.2. Apple's intellectual property rights are the exclusive property of Apple.
Article 14 - Processing of personal data
14.1. Personal data communicated by the client, when asking for the reparation of the merchandise, are only processed by iClinique to answer the request or, potentially to send newsletters.
14.2. Personal data communicated by the client are, in no way, processed for business matters.
14.3. They can be communicated by iClinique to third parties, for example to the transporter, but only when necessary to answer the demand.
14.4. The client benefits from a right to access, rectification and removal of its personal data, as stated in the provisions of the 8 December 1992 Act on the protection of private life with respect to the processing of personal data.
Article 15 - Non retrieved devices
Any non retrieved device 6 months after the filling date is considered abandoned by its owner and becomes iClinique property.