TERMS & CONDITIONS
Article 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply: Seller: SENSO2ME NV, with its registered office at 2460 KASTERLEE, Zandhoef 16, registered in the Register of Legal Entities (Turnhout) under enterprise number 0597654117. Contact details: By post: SENSO2ME NV – Attn: customer service, Zandhoef 16, 2460 Kasterlee – By email: firstname.lastname@example.org Buyer: a natural person not acting in the course of a business or profession or a natural person acting in the course of an organization entering into a contract (or distance contract) with the seller; Person concerned: the natural person where the product is installed and where the sensors are collecting contextual data about the daily activities of the Person concerned. Users: the natural persons having access to the information on the daily activities of the Person concerned. Senso2me product: a mobile sensor network solution with personal alarm with SIM chip with subscription for mobile data traffic and short message service.
Article 2 - GENERAL PROVISIONS
All commercial dealings between the Buyer and Seller shall take place under the present general terms and conditions, unless otherwise legally agreed in writing. The present general terms and conditions shall prevail over any general terms and conditions of the other party, even if they provide that they shall prevail over these general terms and conditions. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, the Buyer shall be notified, before the distance contract is concluded, that the general terms and conditions are available for inspection at the Seller’s premises and that they will be sent free of charge to the Buyer, as quickly as possible, at the Buyer’s request. If the distance contract is concluded electronically, notwithstanding the foregoing, and before the distance contract is concluded, the Buyer may be provided with the text of these general terms and conditions electronically, in such a way that the Buyer can easily store them on a durable data carrier. If this is not reasonably possible, the Buyer shall be notified, before the distance contract is concluded, both where the general terms and conditions can be inspected electronically and that at the Buyer’ request, said general terms and conditions will be sent to the Buyer free of charge, either electronically or in some other way. The invalidity of one or more clause or provision of the General Terms and Conditions of Sale shall not affect the validity of any other clause or provision.
Article 3 - THE OFFER
The offer includes a complete and accurate description of the offered products and/or services and is valid for the indicated period. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer. Every offer contains information that makes it clear to the Buyer what rights and obligations are related to the acceptance of the offer. This concerns in particular: the price including taxes; the deadline for accepting the offer; how the agreement will be concluded and what actions are required to this end; when the payment obligation arises; the method of payment; delivery or performance of the contract (stages of the procedure); the delivery (whether or not in stock) and the estimated delivery time; any delivery costs; whether or not a right of withdrawal applies; the language in which the contract can be concluded; the ability of the Buyer to indicate whether they have made any input errors and how they can rectify these before the contract is concluded; the minimum duration of the contract in the event of a contract intended for continuous or periodic delivery of products or services. Each signatory of an order form (the Buyer) shall be jointly and severally liable, together with the natural or legal person (the Person concerned) in whose name they are acting.
Article 4 - CONTRACT FORMATION
The contract shall be concluded only after written confirmation by the Seller and receipt of payment. If the Buyer has accepted the offer electronically, the Seller shall forthwith acknowledge receipt of the order by electronic means. The acceptance of the offer is confirmed by the Seller as soon as the payment has been made by the Buyer. If the contract is concluded electronically, the Seller shall take suitable technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the Buyer is able to pay electronically, the Seller shall take suitable security measures to this end. When delivering the product or service, the Seller shall send to the Buyer the following information, in writing, or in such a way that the Buyer can store it in an accessible manner on a durable data carrier: the address of the Seller where the Buyer can turn to with complaints; the conditions under which the Buyer can make use of the right of withdrawal and the method for doing so; information on guarantees and available after-sales service; the requirements governing termination of the contract. If the Seller has undertaken to deliver a series of products or services, the stipulation in the foregoing applies only to the first delivery.
Article 5 - PRE ORDERING
The Buyer has the option of pre-ordering/reserving the product via the webshop. By submitting a pre order, a purchase obligation arises on the part of the Buyer. The Buyer will be notified as soon as the product is available. The contract shall be concluded only after advance payment by the Buyer and the Seller has explicitly accepted in writing. If the Buyer has accepted the offer electronically, the Seller shall forthwith confirm receipt of the acceptance of the offer by electronic means. In the latter case, the Buyer has the right of withdrawal (see clause 6). The aforementioned delivery period is approximate; the Buyer cannot derive any rights therefrom and is not entitled to any compensation in the event of delays in delivery or cancellation of the pre-order.
Article 6 - WITHDRAWAL RIGHTS FOR DISTANCE CONTRACTS
In distance selling, the Buyer has the right to cancel the contract without giving reasons within 14 calendar days. This term starts on the calendar day after receipt of the product by or on behalf of the Buyer. During this period, the Buyer must handle the product and packaging with care. The Buyer may only unpack or use the product to such an extent as necessary to be able to assess whether they wish to keep the it. To exercise the right of withdrawal, the Buyer shall inform the Seller of their decision to withdraw in writing (by post or email) prior to the withdrawal. Should the Buyer exercise their right of withdrawal, they must return the product to the Seller with all the supplied accessories and – if reasonably possible – in its original state and packaging. Should the Buyer exercise their right of withdrawal, they shall be charged no more than the costs of return shipping. The Seller shall refund any amounts paid by the Buyer as soon as possible and no later than 30 calendar days from receipt of the product in good condition by the Seller. For a natural person acting in the course of a business or profession, the acceptance is effective upon receipt of the products.
Article 7 - AMENDMENT/CANCELLATION OF ORDERS
Without prejudice to the right of withdrawal of the Buyer when concluding a distance contract as under Clause 6, any amendment or cancellation of the order will depend on the written agreement of the Seller. Should the Buyer cancel an order or fail to fulfil their obligations, the Seller reserves the right to demand performance or terminate the contract on payment of compensation equal to fifty percent of the value of the non-purchased goods, regardless of any proven additional damage or loss incurred by the Seller as a result of the breach of the contract by the Buyer.
Article 8 - DELIVERY AND SHIPPING TERMS
The Seller shall exercise the greatest possible care when receiving and implementing orders for products. The Seller shall carry out the accepted orders without delay and at the latest within six weeks, unless a longer delivery period has been agreed. The Buyer will be informed if the delivery suffers a delay, or if a delivery cannot be carried out, either in whole or in part. All goods shall be delivered in good condition. The place of delivery is deemed to be the address that the Buyer has made known to the Seller. The Seller must immediately and within 48 hours of delivery be notified, in writing, of any visible defects in the delivered goods, otherwise they shall be deemed to be accepted. If visible defects are found, the Buyer is obliged to send back, at its expense, the goods delivered in their original packaging to the address of the Seller. The products are always transported for the account and at the risk of the Buyer or company, even if the delivery expenses are borne by the Seller.
Article 9 - PRICES
Orders are invoiced at the prices and under the conditions as stated in the webshop and in the contract. The Seller expressly reserves the right to increase the agreed price if, after the conclusion of the contract, one or more cost-determining factors (including but not limited to the prices of raw materials and energy and labour costs) are increased, even if due to foreseeable circumstances. In the event of a price increase, the Buyer or company have the right, before the new price takes effect, to terminate the contract without penalty or compensation and this per email to the customer care department within 15 calendar days after notice of the price rise. Transport, insurance, customs and other charges are not included in the price.
Article 10 - PURCHASE
The Seller reserves the right, before commencing delivery, to request payment in advance of the full price of the Buyer. For the purposes of this Clause, ‘full price’ shall be taken to mean the purchase price of the product and the service subscription for the data communication and management (see Clause 12). All invoices are payable in cash or via bank transfer to the account number specified on the invoice and to the registered office of the company, on the due date mentioned on the invoice. In the event of non-payment or incomplete payment of the invoice on the due date, the Buyer will be deemed to have cancelled the order and the process in Clause 7 will be followed accordingly. The Buyer expressly acknowledges having been informed of the fact that they will be deemed to have cancelled the order in the event of non-payment or incomplete payment of the invoice, without any payment reminder being sent. If an advance payment is stipulated, the Buyer may not assert any rights regarding the execution of the relevant order or service(s) before the advance payment has been made. The Seller expressly reminds the Buyer that the product will only be activated following advance payment of the full price.
Article 11 - SERVICE SUBSCRIPTION
The SIM card in the product makes it possible to establish connections and to receive information within Europe via data traffic. The subscription service for data traffic and management is payable in advance on a monthly basis via direct debit. If the direct debit is stopped, the Buyer will be deemed to have terminated the subscription service unilaterally. The Seller expressly reminds the Buyer that the product may no longer able to establish connections without the aforementioned service subscription. The Buyer releases the Seller of any liability for damage or loss that may result therefrom.
Article 12 - USE
The Buyer, Person concerned and users undertake to use the product in accordance with the guidelines set by the Seller. They furthermore undertake to immediately notify the Seller of any anomalies that come to their attention that might affect the proper functioning of the product. They also undertake to immediately notify the Buyer of any issues that may result in the increased inefficiency of the product. The Buyer undertakes to cover any costs resulting from incorrect use of the product. The Buyer is liable for any damage or loss caused to the Buyer, Person concerned, users or third parties resulting from the use of the product, even in case of theft or loss.
If the Buyer has entered into the web application any telephone numbers that he/she wishes to see if the push button of the sensor is activated, these contacts shall be notified via a digital or telephone message by the Seller. Such messages can only be sent if the telephones linked to the specified telephone numbers are switched on, the network is operating normally and the devices have an active voice and/or mailbox. The Buyer, Person concerned and users acknowledge and accept that, in the context of this Agreement, the Seller does not provide services in the capacity of a security systems firm and/or security firm requiring an accreditation and/or a licence in the sense of the Belgian Law of 10 April 1990 regulating private and individual security (Wet tot regeling van de private en bijzondere veiligheid).
Article 13 - RIGHTS OF THE PERSON CONCERNED
The Buyer is responsible for the correct placement of the product at the premises of the Person concerned, and in that capacity is also deemed to have the unambiguous approval of the Person concerned regarding the processing of data by the Seller with respect to the daily activities of the Person concerned. The Person concerned has the right to ask what personal information the Seller holds about them, and have this data corrected free of charge, if necessary. The Person concerned may exercise this right through the Buyer or if necessary contact the Seller directly via the contact details set out below, provided that the Person concerned identifies themselves sufficiently. The Person concerned, furthermore, has the right to object, on request and free of charge, to the intended processing of the relevant personal data. The Seller is responsible for the processing of this personal data and shall ensure the confidentiality and security of the data. The Seller can be contacted using the information stated in Clause 1. The Buyer is responsible for the management of the users and their access to the information of the person concerned.
Article 14 - FORCE MAJEURE
In the event of force majeure, the Seller has the right to suspend the execution of the contract, or dissolve it in part or in full, without the Buyer having any right to demand compensation of costs, damages and interests, etc. Force majeure refers to any circumstances that are not due to an error on our part, and that make execution of the contract wholly impossible, or that complicate it or delay it, including, but not limited to interruption in the supply of raw materials or in the telecommunications network; strike; lockout; fire and delays in production or transport, for any reason whatsoever; import or export restrictions, or other governmental measures. The Seller cannot be held liable for any deficiencies (outages, hacking, loss of data, etc.) of the server or network that it uses. The aforementioned circumstances are always considered to have a non-imputable and unavoidable character.
Article 15 - DISPUTES
Complaints relating to invoices shall be declared admissible only if they are reported to the Seller by registered mail within seven calendar days of receipt of the invoice. Any dispute or litigation shall fall under the exclusive competence of the Belgian courts of the registered office of the company. All sales contracts concluded between the parties, and all disputes between the parties, are governed by Belgian law and Belgian procedural law.
Article 16 - WARRANTY/LIABILITY
The Seller only has an obligation to perform to the best of its ability and is obliged to employ the means necessary for the proper functioning of the product. The product works through network and wireless communication, and operates on the basis of transmission of radio signals by sensors. Since these signals can be interfered with by external sources or by obstacles inherent in buildings, vegetation or terrain relief, a perfect transmission cannot be guaranteed always and everywhere. The Seller therefore does not give any express or implied warranty regarding the uninterrupted or error-free operation of the product. The Seller shall not be liable for any damage caused which is not only due to a defect in the product, but also to error or negligence on the part of the Buyer or any person for whom the Buyer is responsible.
Neither is the Seller liable for any damage or loss resulting from the products delivered by the Seller not having the efficiency, durability, suitability, quality or performance fit for their purposes, in the event that said defects are only due to a material error in the product's execution (and not due to any error in its conception, or in the choice of fabrication standards or processes) by an employee or agent who is neither a body, nor employee or agent in a managerial position, nor a technically responsible person. Except in cases of deceit, deliberate error or gross negligence of the Seller and/or its employees or agents, the contractual and non-contractual liability of the Seller with respect to the Buyer shall at all times be limited to the amount of EUR 325 per claim. The Seller cannot be held responsible for the content, accuracy and/or integrity of the information and data that are sent to and from the product and the online application; or in the event of any total or partial inaccessibility and/or loss of communication with the product. The Buyer acknowledges having been informed of the possible risks inherent in the use of the product, including – but not limited to – any interference that a sensor network may cause in certain sensitive equipment, etc. The Buyer releases the Seller from any liability for any damage or loss resulting therefrom.
Article 17 - INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Senso2Me products and applications, their content, including software, pictures and data are and remain the property of the Seller. The Buyer may not make the product available to third parties, or sell, rent, decompile, reverse engineer or otherwise modify it. A natural person acting in the course of a business or profession may sell or rent the product to third parties with the written agreement of the Seller.
Article 18 - TRANSFER
The Buyer may transfer this contract with the written permission of the Seller. The Seller may transfer this contract at any time to one of its affiliated enterprises, subsidiaries or legal successors.
Article 19 - USERNAME AND PASSWORD
The Buyer, Person concerned and users are individually responsible for maintaining the confidentiality of their login name and password. Usernames and passwords may not be disclosed to third parties. The Buyer, Person concerned and users release the Seller from any liability for any damage or loss resulting therefrom. The Seller is responsible for the processing of this personal data and shall ensure the confidentiality and security of the data. The Seller can be contacted using the information stated in Clause 1. The Buyer is responsible for the management of the users and their access to the information of the person concerned. The user is responsible and liable for use of usernames or logins, on the one hand, and passwords or access codes on the other hand, said user undertaking to preserve their secret and confidential nature.
The Buyer acknowledges and accepts that its use of the interactive services related to the product means that certain personal information will be disclosed to third parties (in particular, the specified contacts and/or emergency services).
Article 20 - PERSONAL, NORMAL AND NON-COMMERCIAL USE
This website is intended solely for personal and thus non-commercial use. You may not use this website in a manner contrary to the normal and standard use of the internet, for any unlawful purpose or any purpose that is in conflict with other conditions determined in this text or in conflict with other warnings and conditions. You should use the website in its entirety as a normal, careful and reasonable person.
THE USE OF THIS WEBSITE IS NOT ALLOWED IN COUNTRIES WHERE ALL OR PART OF THE CONDITIONS ON THIS SITE ARE NOT PERMITTED ACCORDING TO LOCAL LEGISLATION, THE FORGOING WITHOUT LEADING TO THE TOTAL OR PARTIAL INVALIDITY OF THE CONTRACT.