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1.1. These General Terms and Conditions apply to any (offer for) sale of Products by OnTracx BV, (hereinafter “we”, “us”, “our” or “OnTracx”), with registered office at Franklin Rooseveltlaan 349 (box 80), 9000 Ghent, Belgium and registered with the Crossroads Bank for Enterprises under enterprise number 1000.197.286, to the (potential) purchaser that qualifies as a Consumer (hereinafter “Customer” or “you”) via the OnTracx’s website, available at www.ontracx.com (hereinafter “Webshop”).
1.2. These General Terms and Conditions shall be made available to you electronically before you place an Order, so that you easily store them on a durable data carrier. By placing an Order on our Webshop, you acknowledge that you have read, understand and accept these General Terms and Conditions as well as our Privacy Notice without reservation.
2.1. In the present General Terms and Conditions all capitalized terms shall have the meaning ascribed to them in Schedule 1 (Definitions) or in the relevant Article or Clause where they are defined. When a reference is made in these General Terms and Conditions to an Article, Clause or Schedule, such reference shall be to an Article, Clause or Schedule of these General Terms and Conditions unless otherwise indicated.
3.1. Illustrations, dimensions, weights, description and other indications of the Products displayed on the Webshop have been composed by us as carefully as possible. However, it should be noted that the provided information is approximate and solely for informational purposes. These details are presented without any further obligation on our part.
3.2. The Order Process is as follows: the Customer must add the Product to the shopping cart on the Webshop. The Customer then enters the requested contact and payment details, after which the delivery method is chosen. On a subsequent summary page, all the relevant details of the Order are displayed, as well as a link to these General Terms and Conditions and our Privacy Notice. The Customer must read and accept the General Terms and Conditions and our Privacy Notice before completing the Order by going through the payment process. The Order is final when all these steps have been completed and the payment has been accepted, after which OnTracx shall send an Order Confirmation to your selected email address.
3.3. An Order shall only be deemed as accepted by OnTracx after receipt of the Order Confirmation. As long as an Order has not been expressly accepted by OnTracx, no Agreement has been formed.
3.4. OnTracx reserves the right not to validate the Order, in particular, in case of refusal of validation of payment by the payment service provider, or in case of fraud, unfair use or reasonable suspicion thereof. In such situation, the Order shall be cancelled and the Agreement shall be considered not to have been concluded.
3.5. In the event of an Order for a Product which, for whatever reason, is no longer in stock, OnTracx shall endeavour to make the Product available again. OnTracx shall inform the Customer by email of the (temporary) unavailability of the Product at the latest within seven (7) days after placing the Order. The Customer shall thereby have the choice to await the availability of the Product and/or to cancel the Order at no additional cost. In case the Customer chooses to wait for the availability of the Product, the Product will be shipped as soon as it is available again. If it is not possible to get the Product in stock or the Customer chooses to cancel the Order, OnTracx shall refund the Customer in the amount of the price for the Product concerned, within thirty (30) days after the Customer notifies OnTracx of such choice.
4.1. OnTracx always reserves the right to change prices unilaterally prior to an Order Confirmation. The latest version of the price lists, available via the Webshop, always replace and cancel all previous versions. Prices shall be in EURO and are inclusive of Belgian VAT.
4.2. Price changes occurring after an Order Confirmation shall not be applicable to that particular Order.
4.3. The amounts due by the Customer must be paid immediately at the time the Product is ordered. The payment methods that are accepted by OnTracx are listed on the Webshop during the Order Process.
4.4. The Customer shall be under the obligation to notify OnTracx immediately of any inaccuracies in payment data provided or stated.
5.1. The Product(s) ordered by the Customer shall be delivered in accordance with the specific delivery options selected by the Customer during the Order Process. OnTracx shall have the delivery carried out by a third-party delivery service provider.
5.2. OnTracx shall make reasonable endeavours to have the Product(s) delivered within a reasonable time. Our standard delivery period is 2-3 working days. Once your order has been handed over to PostNL, you will receive a Track & Trace link to monitor the status of your package. Please note that delivery times may vary slightly during peak periods or due to unforeseen circumstances. The date of delivery indicated on the Webshop during the Order Process (and in the Order Confirmation) is only an estimate and is not binding.
5.3 In the event that thirty (30) days after the estimated delivery date have passed, the Customer shall have the right to cancel the Order, after which OnTracx will refund the sums paid for the order. No further compensation shall be due.
5.3. The place of delivery shall be the delivery address indicated by the Customer during the Order Process. OnTracx shall not be responsible for the consequences of the communication of incorrect data by the Customer. If the delivery address provided is incorrect or incomplete and the Products need to be reshipped, additional costs will be charged to the Customer.
5.4. The risk shall be transferred to the Customer at the time of unloading the Products by the carrier, freight forwarder or other person employed.
5.5. The Product is delivered to the delivery address selected by the Customer. The Customer is responsible for being present at the indicated time of delivery at the selected address. If no one is present to take delivery of the Order at the time of delivery, a notice shall be left behind by the third-party delivery service provider. The Customer shall be responsible to follow the instructions on said notice to retrieve the Order at a later time. If the Customer fails to retrieve the Order in accordance with the delivery service provider’s instructions, the Products shall be returned to OnTracx. In that case, the Customer may contact OnTracx to organize a new delivery, for which the Customer shall pay an additional delivery cost.
6.1. The Customer shall be entitled to withdraw from the Agreement between OnTracx and the Customer, without giving reasons (“Right of Withdrawal”), during fourteen (14) days ("Withdrawal Period"). This Withdrawal Period shall commence on the day following receipt of the Product by or on behalf of the Customer. The Customer is only granted a right of withdrawal when the Products are returned to OnTracx in perfect condition.
6.2. The Customer shall inform OnTracx of its decision to exercise his Right of Withdrawal within the Withdrawal Period (“Withdrawal Notification”). The Withdrawal Notification shall include all relevant information, including identification of the Order subject to withdrawal, the Order number and the Customer’s contact details. The Withdrawal Notification shall be sent to OnTracx’s designated e-mail address [ XXXX].
6.3. The Customer shall return the Product(s) immediately and no later than fourteen (14) days after the Withdrawal Notification ("Return Period") to the return address indicated by OnTracx or in the absence thereof to the following address: Franklin Rooseveltlaan 349 (box 80), 9000 Ghent, Belgium . The return shall be done at cost and risk of the Customer. If the Customer selects a third-party delivery service, the Customer shall be responsible to comply with the third-party delivery service’s terms and conditions.
6.4. Within fourteen (14) days of receipt by OnTracx of the Products, OnTracx shall refund the amounts paid by the Customer for the Product, including, where applicable, the initial delivery costs, unless the standard delivery method was not opted for. The refund shall be done using the same method of payment as used by the Customer for payment the Order.
6.5. The Customer shall handle and inspect the Product, its packaging and its contents with due care. The Customer shall only unpack the Product to the extent necessary to assess the nature, characteristics and the functioning of the Product in the same way the Customer would be allowed to do in a brick-and-mortar shop. The Right of Withdrawal can only be exercised if the Product is returned in its new condition, in its original packaging and in perfect condition, including any accessories and instructions for use.
6.6. In the event that the Product returned by the Customer would have a diminished value, OnTracx shall have the right to deduct an amount corresponding to this diminished value.
6.7. OnTracx shall not be obliged to take back a Product which is returned after the Withdrawal Period, which is returned without following the procedure set out in the present Article 6, including Products which contain traces of use. The assessment of whether a Product is to be taken back shall be made by OnTracx. The reasons for not taking back a Product shall be provided to the Customer upon request.
6.8. In the event that the return of a Product is rejected by OnTracx for failure to comply with the rules set out in this Article 6, the Customer shall inform OnTracx by email within fourteen (14) days whether the Customer would prefer to retrieve the returned Product. In the absence thereof, the Customer shall be deemed to have agreed with destruction or recycling of the Product, for which the Customer shall not have any right to compensation. If the Customer notifies OnTracx of its intention to retrieve the Product within the aforementioned fourteen (14) day period, the Customer shall have three (3) months to retrieve the Product, organised and paid by the Customer. If the Product was not retrieved within this three (3) month period, the Customer shall be deemed to have agreed with destruction or recycling of the Product, for which the Customer shall not have any right to compensation.
7.1. The statutory warranty period for Products not complying with the Agreement, the specifications stated in the Order Confirmation, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing at the date of the conclusion of the Agreement, is two (2) years. If the non-conformity of the Product was present since the start and was not caused by external circumstances, OnTracx shall, at its sole option, repair or replace the Product. If a repair or replacement is not possible or disproportionate, OnTracx shall offer a price reduction or a complete refund of payments received for the Product concerned.
7.2. Upon delivery of the Product(s), the Customer undertakes to immediately verify that the quality and quantity of the Product correspond to the Agreement. Any complaint concerning visible defects or missing Products must be made by email to OnTracx at [ XXXX] within one (1) week of the delivery at the latest. If the Customer fails to submit a complaint within this period, the Customer loses his right to complain about visible defects or missing Products.
7.3. In order to invoke the warranty, the Customer must be able to present the proof of purchase or the invoice and the proof of a delivery arriving with visible defects or missing Products. Any defect must be reported to OnTracx at [ XXXX] within two (2) months of its discovery. After that, any right to the warranty lapses. OnTracx will indicate to the Customer the steps to be followed to return the Products. In any case, the Products may only be returned after prior written confirmation by OnTracx.
7.4. The benefit of the warranty is not possible for a defect resulting from: (i) fault or negligence of the Customer; (ii) repair or modification of the Product by the Customer or a third party; (iii) poor maintenance; (iv) negligent use or use under abnormal conditions; (v) a cause inherent in the normal period of use or lifetime of the Product; (vi) an external cause not attributable to OnTracx, and; (vii) fault, negligence or services of third parties.
7.5. In case of doubt regarding the cause or alleged non-conformity of the Product(s), the Parties agree that an expert appointed by OnTracx shall inspect the Product(s) and determine the cause. If a Party does not protest the findings of the expert in writing within fourteen (14) days of receipt thereof, the Party shall be deemed to have accepted the findings.
8.1. OnTracx is not responsible for any interruption in the availability of or access to the Webshop, any malfunctioning of the computer system, viruses or other inconveniences that might arise from the use of the Webshop.
8.2. Notwithstanding any other provision of these General Terms and Conditions, OnTracx shall not be liable under contract (including any indemnity or warranty), tort (including negligence), warranty, statute, or otherwise, in relation to these General Terms and Conditions for any indirect, incidental, punitive, consequential damages, lost revenue, lost profit, interrupted use, lost or corrupted data, costs of procurement for substitute products or services, third-party software claims, provided information. These limitations apply regardless of whether (i) OnTracx was advised of the possibility of such damages, or (ii) the damages were foreseeable. However, these liability limitations do not apply if the damage results from a OnTracx’s intentional misconduct, fault, and/or deliberate recklessness.
8.3. OnTracx shall not be liable for damage caused by gross negligence, fraud or malicious intent by third party service providers, including delivery service providers.
Privacy Notice Website
8.4. Incorrect installation of the Products may contribute to physical discomfort in some Customers. The Customer herby agrees that OnTracx shall not be liable for any such physical discomfort.
To minimize physical discomfort, we recommend adhering to these three straightforward wear and care suggestions: (i) Ensure regular cleanliness, (ii) Avoid overly tight fitting (while still securely attaching the Product), and (iii) Take periodic breaks using the Product. For more information, we kindly refer you to the information available on our website www.ontracx.com. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your lower extremities while or after wearing the Product, please remove the Product and discontinue use. If any symptoms persist longer than 2-3 days after removing the Product, please consult a physician.
8.5. The limitations of this Article 8 shall not apply to the extent restricted or prevented by mandatory applicable law that cannot be amended or excluded by contractual waiver.
8.6. In any event, the entire liability of OnTracx shall not exceed the purchase price of the relevant Product(s) in the relevant Order which resulted in the Customer’s damage claim.
9.1. OnTracx (or its licensors) remains the exclusive owner of all intellectual property rights pertaining to the Products, the Website as well as the name and logo under which the Products are offered and its images.
9.2. The Site was created for the Customer's personal and non-commercial use. It is prohibited to modify, copy, distribute, transmit, reproduce, publish or create derivative works from any information or material available on the Website. However, the Customer is permitted to download the content of the Website and make a copy thereof for purely personal and non-commercial use, provided that the original state of the content is preserved.
9.3. The Customer undertakes not to modify or imitate any Products offered by OnTracx or to affect the intellectual property rights of OnTracx.
10.1. When placing an Order, the Customer is asked to provide certain personal data in order to make the Agreement and delivery of the Product(s) possible. OnTracx undertakes to guarantee the confidentiality of these personal data and to treat them with respect. More information on the handling of personal data by OnTracx can be found in our Privacy Notice .
11.1. Force Majeure – Force Majeure releases OnTracx from liability. OnTracx shall not be obliged to accept Orders nor to execute Agreements in case of Force Majeure. OnTracx shall have the choice either to suspend its obligations for the duration of the Force Majeure or to dissolve the Agreements definitively without any dissolution costs. The Customer shall have the same right to invoke Force Majeure regarding his obligations under this Agreement.
11.2. Severability - If any provision of these Terms and Conditions is held to be unenforceable, the other provisions shall nevertheless continue in full force and effect. Each Party shall use its best efforts to immediately negotiate in good faith a valid replacement provision with an equal or similar economic effect.
11.3. Waiver - The terms and conditions of these Terms and Conditions may be modified or amended only by written agreement executed by a duly authorized representative of both Parties hereto. These Terms and Conditions may be waived only by a written document signed by the Party entitled to the benefits of such Terms or Conditions. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or conditions, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given and shall not constitute a continuing waiver or consent.
11.4. Entire agreement - These Terms and Conditions constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between the Parties relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these Terms and Conditions shall affect, or be used to interpret, change or restrict, the express terms and provisions of these Terms and Conditions.
11.5. Dispute resolution - OnTracx hopes to always satisfy the Customer with the Products and the associated service. If, however, something should go wrong, the Customer can always contact customer services at info@ontracx.com. In the event that your complaint was not resolved by the OnTracx, you have the option to submit a complaint before the European Online Dispute Resolution (ODR) platform, which can be accessed through the following link: http://ec.europa.eu/odr/.
11.6. Applicable law and jurisdiction - These Terms and Conditions and/or Commercial Order shall be governed by and construed in accordance with the laws of Belgium and the Parties hereto submit to the exclusive jurisdiction of the Courts of Ghent. The United Nations Convention for the International Sale of Goods shall not apply to these Terms and Conditions.
means the agreement concluded between you and OnTracx, governed by the present General Terms and Conditions, after the Customer has placed an Order which is subsequently accepted by OnTracx;
means any natural person who is acting for purposes which are outside their trade, business or profession;
means a temporary or permanent inability of a Party to fulfil their obligations, resulting from facts and circumstances reasonably beyond the control of that Party. Force majeure shall in any case apply to: war or war risk, insurrection or public revolt, fire caused by an outside calamity, an import or export embargo imposed by the government, floods, internet failure, third party negligence or contractual default, strike or social action and otherwise all circumstances qualified by both Parties as Force Majeure;
means a purchase order placed by the Customer after having gone through the Order Process on the Webshop;
means the confirmation sent by OnTracx after having accepted an Order from the Customer;
means the process the Customer must follow to purchase Products on the Webshop;
means a party to the present General Terms and Conditions;
means OnTracx’s privacy notice, providing information about how OnTracx processes personal data;
means all products that OnTracx offers for sale through the Webshop or in any other way;
has the meaning set forth in Article 6.3;
has the meaning set forth in Article 6.1;
has the meaning set forth in Article 1.1;
has the meaning set forth in Article 6.2;
has the meaning set forth in Article 6.1;
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