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General terms and conditions

  1. By placing an order, the customer (natural or moral person) agrees with the General Terms and Conditions when purchasing a device at Fisscure BV or Doc-Invent SA. The term “Fisscure” is used below to design one or both of the companies.
  2. The applicability of any (general) terms and conditions used by the customer is expressly rejected by Fisscure, unless their applicability has been accepted by Fisscure in writing.
  3. The customer is responsible and liable for the data and information it provides in the context of an order at Fisscure.
  4. Orders are placed by the customer in writing (including electronic orders) and are subject to acceptance by Fisscure. The latter reserves the right to accept or decline any order based on stock availability, regulatory considerations, or other business reasons. Title to the device passes to the customer upon full payment of the purchase price.
  5. Fisscure shall provide the customer with relevant Product documentation, including instructions for use, safety information, and performance details as required under EU Medical Device Regulation (MDR) (EU) 2017/745. The device is intended for use by physicians specialized in proctology in office, ambulatory clinics or hospital settings.
  6. All products will be transported at the customer's risk, even if Fisscure arranges for transport. In doing so, Fisscure reserves the right to determine the method of transport and packaging itself, unless expressly agreed otherwise in writing.
  7. The stated delivery times are only approximate and indicative, unless explicitly agreed otherwise in writing. The customer shall not be entitled to compensation, suspension, cancellation or dissolution in the event of late delivery.
  8. Delivery periods shall commence at the time of the formation of the order and all data required for performance have been received by Fisscure from the customer.
  9. When Fisscure performs the order, the customer is obliged to do everything reasonably necessary to enable a timely delivery by Fisscure.
  10. Fisscure is at all times entitled to require the customer to pay in advance. If the customer fails to provide payment in advance, Fisscure will be entitled to suspend the further performance of the order until the customer has provided the requested payment in advance.
  11. All prices quoted by Fisscure are net cash, without discount, denominated in euros (except for Switzerland where the denomination is in CHF) and are exclusive of VAT, costs, import duties, surcharges, levies or taxes, unless expressly stated otherwise in writing.
  12. Payment of invoices of Fisscure must be made in the invoiced currency and within 30 days of the invoice date without discount, suspension, deduction and/or set-off by means of transfer to or deposit into Fisscure bank account as mentioned in the invoice, unless expressly agreed otherwise. 
  13. Fisscure is entitled to invoice electronically. The customer accepts that the invoice may be provided in electronic format. Any change in electronic accessibility must be notified to Fisscure immediately and in writing. 
  14. Late payments may incur interest at 1.5% per month and may result in a suspension of further deliveries. All extrajudicial and judicial costs including all internal costs and external costs, including but not limited to the costs of the bailiff and lawyer, incurred by Fisscure as a result of non-compliance by the customer, shall also be borne by the customer.

  15. Fisscure warrants that the device complies with applicable EU Medical Device Regulation standards and is free from defects in materials and workmanship. The warranty period is three years from the production date, subject to proper use, storage, and maintenance by the customer. Fisscure is not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities.

  16. The customer has a duty to investigate or have investigated after receiving the products from Fisscure whether the products comply with the order. The customer must notify Fisscure within 10 days of discovering any defects, specifying (i) the products concerned, (ii) the date of purchase and (iii) the nature of the deficiency.
  17. Returns are accepted only in cases of defective or non-compliant products within the warranty period and must be pre-approved by Fisscure.  Returned devices must be in their original packaging and accompanied by a return authorization.
  18. Fisscure delivers products that comply with the specifications stated in the order. Smaller defects or deviations, which fall within the tolerance levels accepted in good commercial practice, will not constitute grounds for complaints.
  19. The following causes of damage will also never constitute grounds for a complaint: (a) the products have been used for purposes other than those for which they are ordinarily used or, in Fisscure’s opinion, have been used, maintained, stored or transported in an improper manner; (b) the products have been altered by the customer or a third party; (c) the damage has been caused by negligence of the customer or a third party; (d) the damage was caused by the customer or a third-party acting contrary to the instructions directions and/or advice of Fisscure; (e) the customer has failed to fulfil its obligations towards Fisscure (financial and/or otherwise).
  20. Failure by the customer to issue a notice of default within the time specified in 16 above shall result in the forfeiture of any claims in this regard.
  21. Complaints of any kind shall not give the customer a reprieve from its payment obligations.
  22. The customer shall provide Fisscure with the desired assistance to investigate the imperfections. The products must be made available to Fisscure on first request to this effect.
  23. In the event that Fisscure considers a complaint justified, it will, at its sole discretion, (i) replace the products in question free of charge (after which the replaced devices will become the property of Fisscure) or (ii) give a price reduction or (iii) send a credit note.
  24. Complaints about the invoices must be made in writing to Fisscure within 7 days of the invoice date under penalty of forfeiture of all claims in that respect and the right to invoke any inaccuracy of the invoice.
  25. Fisscure's liability will be limited at all times to the invoice amount of the product concerned. In no event shall Fisscure be liable to the customer for any special, consequential, indirect, punitive or incidental damages, including, but not limited to, all damages other than damages to the product itself, such as damages to other property, damages to customers of the customer, stagnation damages, lost profits, lost savings, increase in operational costs, damages due to customers of the customer, loss of customers, reduced goodwill, etc, however caused, regardless of the basis of liability, and regardless of whether or not it had been informed in advance of the possibility of such damage and regardless of whether the damage was in any way foreseeable. Fisscure’s liability is limited to direct damages arising from gross negligence or willful misconduct. Under no circumstances shall Fisscure be liable for indirect damages or losses arising from product use, including injury, loss of revenue, or operational downtime. The customer accepts that it cannot hold any employees, directors or sub-contractors for Fisscure liable for negligence or tort.
  26. The customer shall indemnify Fisscure against all claims and threatened claims by third parties against Fisscure, the costs (including reasonable legal costs) of defending against such claims, and all obligations of Fisscure to third parties, if such claims, costs and obligations arise out of or in connection with any act or omission or use of the products by the customer or any third party engaged by it.
  27. Force majeure shall be deemed to consist of all those circumstances which prevent Fisscure from performing the order or any part thereof or make it impossible or unreasonably burdensome for it to do so, if such circumstances occur beyond Fisscure's reasonable control, including, but not limited to, fire, flood, strikes, labour unrest, war (whether declared or not), terrorism embargoes, blockades, legal restrictions, confiscation, riots, government measures in the broadest sense relating to production and distribution of goods, lack of raw materials, traffic congestion, non-, untimely or improper fulfilment of obligations by Fisscure's suppliers, delay and/or interruption in the production and distribution of goods at Fisscure and suppliers, etc.
  28. In the event of force majeure, the performance of the order will be suspended by Fisscure for the duration of said circumstances. If this period lasts longer than 3 months, Fisscure shall be entitled to dissolve the order without any obligation to pay damages.
  29. Any disputes that may arise as a result of, arising from or in connection with offers by Fisscure, orders and/or these General Terms and Conditions will be exclusively settled by the competent court in the district of Vlaams Brabant (Belgium). Belgian law will be applicable. This for orders performed in the European Union. For orders performed in Switzerland, the competent court will be in Lausanne and the Swiss law will be applicable. 
  30. Fisscure is entitled to transfer rights and obligations under the agreement, in whole or in part, to third parties.
  31. Fisscure is entitled to unilaterally amend these General Terms and Conditions. The customer agrees to these amendments in advance.
  32. The nullity, invalidity or non-binding nature of any provision of the General Conditions and/or the agreement shall not render the General Conditions and/or the agreement as a whole null, invalid or non-binding. Parties remain bound by the remaining provisions. The parties shall replace the void, invalid or non-binding provision by a provision that is valid and binding and whose purport, given the content and purpose of the General Terms and Conditions and/or the agreement, is as much as possible the same as the void, invalid or non-binding provision.
  33. Fisscure shall handle any personal data provided by the customer in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. Personal data will only be used for processing orders, invoicing, and customer support unless otherwise agreed.