Terms and conditions of online sales
Terms and conditions of online sales
These terms and conditions apply to online sales through ubeon.be

Applicability

The legal relationship between UBEON BELGIUM CVBA, with registered office at Roosbloemstraat 1/1, 9860 Oosterzele, Belgium, registered in the Kruispuntbank van Ondernemingen under number 0846.618.968 ("UBEON") and anyone wishing to make a purchase via the Website ("the Buyer") is exclusively governed by the present General Terms and Conditions. Any other conditions or modifications to these Terms shall only apply when approved in writing by UBEON.

If you have any questions or complaints regarding UBEON herewith provided website (www.ubeon.com) the products offered on the Website or the present general terms and conditions, please contact the UBEON Customer Service:

  • by means of the Contact form provided on the Website;
  • by sending a letter to the following address: UBEON BELGIUM CVBA, Customer Service, Roosbloemstraat 1/1, 9860 Oosterzele, België;
  • by phone to the following number: +32 9 324 16 16. From Monday to Thursday, from 09h00 to 17h00 and on Friday, from 09h00 to 15h00.

To place an order, you must be at least 18 years old and have your residence in Belgium, the Netherlands, Luxembourg, France or Germany.

By placing an order on the Website, the Buyer expressly confirms having read, accepted and agreed to the present General Conditions of Sale. To this end, the Buyer must tick the box indicating "I accept the general terms and conditions & privacy policy".

UBEON reserves the right to modify these General Terms and Conditions of Sale as necessary. Each time the Buyer wishes to order products through UBEON website, the Buyer must review these terms and conditions to ensure that he/she understands the General Terms and Conditions applicable at the time the Buyer enters into the agreement with UBEON.

Object and conclusion of the agreement

UBEON offers through its Website the possibility to buy the Products and Services offered there.

The purpose of these General Terms and Conditions is to define the terms of the sale through the Website between UBEON and the Buyer. Among other things, with regard to the order, payment, delivery and withdrawal.

Unless otherwise stated in writing, the offers on the Website are for information purposes only. These offers are therefore always without obligation. Furthermore, the offers are always valid while stocks last.

The Buyer has the possibility of selecting individual products from the UBEON online offer, according to the desired quantity, within the scope of the web store and collect them in an electronic shopping basket by clicking on the "Add to basket" button.

The Customer must register for each purchase. After successful registration, the Customer will be asked to fill in contact and payment information.

Finally, the Customer will make his payment by one of several payment methods. Upon acceptance of payment, the buyer will receive a summary of his order as well as a summary sent to his e-mail address.

Each transferred order is binding on the Buyer in its entirety, but UBEON is only bound as of the sending of an order confirmation e-mail. We recommend that you print out and save this e-mail.

UBEON reserves the right to refuse any order. An order is deemed to be processed and approved by UBEON from the moment the Buyer has received confirmation from UBEON via email. After the email is sent, an agreement ("Agreement") is established between UBEON and the Buyer.

Any or alleged inaccuracies in this order confirmation must be notified in writing by the Buyer under penalty of cancellation within 8 days from the date of dispatch of this order confirmation.

If UBEON is unable to provide the Buyer with a product or service, for example because it is no longer available or because an error has occurred in the display of the price, UBEON shall inform the Buyer as soon as possible by e-mail and UBEON shall not process the Buyer's order. However, UBEON reserves the right, if an ordered Product is out of stock, to propose to the Buyer an alternative equivalent in quality and price.

In the event that the Buyer has already paid for the Products, UBEON shall reimburse the Buyer for this amount as soon as possible using the same payment method that the BUYER used when placing the order.

Product Info Website

The images of the products on the Website are for illustrative purposes only.

Although UBEON has made every effort to be as accurate as possible, the characteristics of products or services displayed on UBEON's Website may be subject to reasonable deviation.

Right of Revocation

The Buyer has the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period shall expire 14 days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Buyer must inform the UBEON Customer Service of his/her decision to withdraw from the contract by an unequivocal statement (e.g. written by post or by e-mail). This can also be done by using the  model form provided in Appendix 2 of Book VI of the Code of Economic Law

To comply with the revocation period, it is sufficient for the Buyer to send his/her communication regarding the exercise of the right of revocation before the revocation period has expired.

The Buyer must notify UBEON Customer Service via email that he/she wishes to return the products, specifying the relevant order number, the products and the quantity. A refund will be granted after the products have been received and checked at UBEON's premises. The Buyer shall bear all direct costs incurred as a result of such return.

If the Buyer revokes the contract, he/she shall receive back from UBEON all payments made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any case no later than 14 days after UBEON has been informed of the Buyer's decision to revoke the contract. UBEON shall refund the Buyer using the same means of payment with which the Buyer made the original transaction, unless the Buyer has expressly agreed otherwise; in any case, the Buyer shall not be charged for such refund.

The Buyer shall only be liable for the reduction in value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The Buyer may, in addition to the cases enumerated in Article VI. 53 of the Economic Code, finally, he/she may not invoke his/her right of revocation if:

  • the delivered products or services were custom made according to the instructions and wishes of the Buyer;
  • the delivered products or services are of a personal nature;
  • the delivered products or services are made available for a limited time;
  • the delivered products were incomplete, damaged, soiled or used in a significant way by the Buyer.

In the event of excessive revocations by the Buyer, UBEON reserves the right to refuse future orders.

Price & Payment

The price of the products and services are indicated in euros (EUR) and are always quoted inclusive and exclusive of VAT. Shipping costs are not included, unless otherwise stated. The prices are the prices in force on the day of the offer on the Website.

UBEON does its utmost to ensure that payments through the Website are as efficient and secure as possible. For this purpose, UBEON relies on the secure and reliable payment environment of MOLLIE (www.mollie.com).

The Buyer pays the price when placing his/her order. The Buyer makes his payment obligation by debit or credit card as desired.

UBEON does not charge management and/or collection fees for the payment of orders, unless explicitly stated.

Payment of the full price must be made when placing the order. The shipment of products or the provision of services by UBEON will only follow after UBEON has received full payment.

In the event of non-payment or late payment or other types of payment problems, the entire amount owed to UBEON shall become due and payable by operation of law. This amount shall also be increased by right with annual interest in the amount of 7% of the original amount due.

UBEON takes all reasonable measures to ensure that the prices of the products and services are correctly displayed when they are included in the system. However, the Website contains a large number of products and services and it is possible that, despite UBEON's reasonable efforts, some of the products on the Website may be incorrectly priced. If UBEON discovers an error in the price of the products ordered by the Buyer, UBEON will notify the Buyer of such error and offer the Buyer the opportunity to continue the purchase at the correct price or allow the Buyer to cancel the order. UBEON will not process Buyer's order until UBEON has received instructions from Buyer. If UBEON is unable to contact the Buyer using the contact details communicated by the Buyer during the ordering process, UBEON shall consider the order cancelled and notify the Buyer in writing. It shall be taken into account that if the mistake concerning the price is clear and unmistakable and could have reasonably been recognized by the Buyer as a mistake concerning the price, UBEON shall not be obliged to deliver the products to the Buyer at the erroneous (lower) price.

Grants

When the client appeals to subsidy measures and receives or uses the subsidy funds for the (partial) payment of an order, the client assumes exclusive responsibility for the accuracy of the information provided to the grantor.

In the event that irregularities occur on the part of the principal and UBEON does not receive its invoice balance (in full) as a result, or has to repay the subsidy to the grantor, UBEON shall have the right to recover the subsidised amount from the principal immediately and in full, increased by 25% compensation.

Shipping

During the ordering process, the Buyer can choose to pick up the ordered product(s) free of charge at a UBEON branch of his choice or have the ordered product(s) delivered to the address indicated during the order. Unless otherwise agreed in writing, an amount of 3.90 Euro will be charged for each delivery in Belgium and Luxembourg. However, delivery will be free of charge from a total amount of 25 Euros. The costs for the delivery of the ordered Products in the Netherlands will be communicated at the time of the order.  

Ordered Products shall be delivered as soon as possible and in any case within a period of thirty (30) days from the date of receipt of the e-mail confirmation in accordance with Article 2.4. UBEON shall only be obliged to deliver if full payment of the order has been received. If it is not possible for UBEON to deliver the products in the indicated period or quantities, UBEON shall inform the Buyer in writing. Failing this, the Buyer may terminate the contract.

Delay in delivery of the Products may not, under any circumstances, legally entail the cancellation of an order and/or the dissolution of the Contract, or the payment of damages of any kind.

The Buyer is obliged to accept the Products delivered by UBEON at the agreed time and place and must sign the delivery slip for receipt. UBEON shall not deliver Products beyond the first floor of the Buyer's building.

If no one is available at the Buyer's address to accept delivery, an absence notice will be left, after which the Buyer may pick up the ordered Products at the listed post office or contact BPOST to make a new delivery appointment.

Visible defects in the outer packaging or other possible problems concerning the delivery must be notified on the consignment bill or reported in writing by registered letter to UBEON within thirty (30) calendar days, including a detailed description of the defect and the wish for reimbursement or exchange. The Product concerned shall also be returned to UBEON within this thirty (30) calendar day period.

Notwithstanding the foregoing, the use of the delivered Products by the Buyer implies irrevocable acceptance.

The risk of loss and damage to the Products as well as the ownership of the Products shall pass to the Buyer upon delivery.

Intellectual Property

The Buyer acknowledges that UBEON or one of its affiliates remains the exclusive owner of all intellectual property rights relating to all parts of its Website, the production and ordering process, the textual, audiovisual and graphic segments, the E-books, reports and syllabi, the software and electronic tools and the technical specifications of the products.

In addition, UBEON remains the exclusive owner of the name, brand and logo under which the products are sold. The Buyer undertakes not to make any claim regarding the above intellectual rights.

The Participant accepts that all audiovisual recordings, which happen during the training, are the exclusive property of UBEON, and that UBEON may edit and publish this material at its own discretion. The participant hereby waives all intellectual rights, including portrait rights.

Warranties and Liability

UBEON liability and warranty are limited to the extent permitted by Belgian law.

UBEON shall be responsible for hidden defects and defects in workmanship relating to the purchased goods that occur within a period of two (2) years from the date of delivery. If a defect occurs during this period, UBEON shall replace or repair the product, according to the Buyer's choice. In order to invoke this warranty, the Buyer must notify UBEON of the defects by registered letter within a period of sixty (60) days after they are discovered or should have been discovered by the Buyer and return the defective Product to UBEON Customer Service within that sixty-day period via the online contact form (www.ubeon.com/contact). This warranty applies only to products acquired by a consumer located in Belgium. This warranty does not affect the Buyer's right to invoke the legal warranty provided for in Article 1649ter of the Civil Code.

UBEON will not be liable to the Purchaser if:

  • the latter has not used the Products in accordance with the purpose for which they were intended;
  • the Product in question has been adapted, modified or repaired;
  • the Product in question has been damaged through wilful misconduct or negligence by the Buyer;
  • the Product in question has defects that are the result of normal wear and tear.

UBEON's contractual and non-contractual liability shall not exceed the respective limits of liability covered by the insurance underwritten by UBEON. UBEON's insurance provides coverage up to a maximum of 1,000,000.00 euros per event and as an annual aggregate.

UBEON shall not be liable for or obliged to compensate any intangible, indirect or consequential damages, including (but not limited to) lost profits, lost revenues, limitations in production, administrative or personnel costs, loss of customers or third party claims.

The limitations of liability in the 2 paragraphs above shall not apply in the case of fraud, willful misconduct or gross negligence committed by UBEON or bodily injury or death resulting from UBEON's negligence.

UBEON shall not be liable for technical problems that affect the communication of information through its Website. UBEON shall not be liable to Buyer for any modification, interruption, failure or discontinuance of its Website. Nor shall UBEON be liable for any websites referenced on its Website.

For the general use of the Website, please refer to the General Terms of Use of the Website that governs it.

Personal data

UBEON stores the Buyer's personal data in accordance with the law of December 8, 1992 on the protection of privacy ("Law of December 8, 1992 on the Protection of Privacy") and UBEON Privacy Policy (www.ubeon.com/legal).

The Buyer can contact with all questions related to the processing of his personal data: customer service at the following email address: info@ubeon.com .

Force Majeure

Neither UBEON nor the Buyer shall be liable for any delay or failure in the performance of the contract if it is due to force majeure. Force majeure means , without this enumeration being restrictive: government order, mobilization, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw materials or labor, changed global economic conditions, vandalism, exceptional weather conditions and all circumstances beyond the control of UBEON that disrupt the normal course of business, without requiring UBEON to demonstrate the unexpected nature of these circumstances.

The party claiming force majeure shall notify the other party and take all reasonable measures to overcome the temporary force majeure situation.

If the force majeure situation lasts for a period of more than ninety (90) days, either party shall have the right to terminate the Agreement without any compensation being due to the other party.

Transfer

UBEON may transfer the Agreement or any part thereof to any person, firm or corporation.

The Buyer shall not be entitled to assign the Agreement or any part thereof, without the prior written consent of UBEON.

Miscellaneous

Failure or delay by UBEON in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of its rights under the Agreement, now or in the future.

If at any time any provision of these terms and conditions of sale should be or become illegal, invalid or unenforceable in any way under applicable law, neither the legality nor the validity or enforceability of the remaining provisions of these terms and conditions and of the agreement shall be affected or impaired in any way. UBEON and Buyer shall use all reasonable efforts and take all necessary measures to replace any unlawful, invalid or unenforceable provision of these General Terms and Conditions with a lawful, valid and enforceable provision, of substantially the same economic scope to the parties and, to the extent permitted by law, containing the original intent.

The original of these General Terms and Conditions version is drafted in Dutch. In case of dispute, these General Terms and Conditions shall be interpreted and construed in accordance with the text and spirit of the Dutch version.

Any notification, complaint, question, etc. relating to or based on these General Terms and Conditions must be made in writing to the above address. The respective sender is responsible for the proof of receipt of each notification.

These General Terms and Conditions apply as long as UBEON sells Products online through its Website.

Applicable law - Court of jurisdiction

These General Terms and Conditions are subject to Belgian law.

In the event of any discussions or disagreements concerning the application or interpretation of the present General Terms and Conditions,  the two parties undertake to seek an amicable solution before initiating any legal proceedings.

The competent court for hearing disputes relating to these General Conditions shall be determined on the basis of the Purchaser's legal domicile.

In the event of a non-judicial settlement of the dispute, the Consumers' Ombudsman Service of the Federal Government is competent to receive any request for non-judicial settlement of consumer disputes. The latter will in turn either process the application itself or forward it to a qualified entity. You can reach the Consumer Ombudsman's Service via this link: https://consumerombudsman.be/en

In addition, for disputes of a cross-border nature, you can use the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr