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General Sales Conditions

Article 1 :
Only the present General Sales Conditions shall govern the entire contractual relationship between OTONÔM and the buyer, to the exclusion of the general conditions of the buyer. Any modification, exemption or addition to these general sales conditions shall be subject to a written agreement prior to any order. OTONÔM shall have the right to change the content of its general sales conditions and of the www.OTONÔM.be website at any time, without prior written authorisation. The changes shall be applicable from the time that they are published on the web, unless otherwise agreed.



Article 2 :
The order shall be final at the time of recording it on the order form. The ordered products will be sent after receipt of payment and within 30 days of said payment (see article 7). All taxes and VAT are payable by the buyer. The VAT applied is that in force in Belgium.



Article 3 :
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post: Otonôm - Rue Margensault, 61 4890 Thimister, or by e-mail: info@otonom.be). You may use the attached model withdrawal form, but it is not obligatory. (click here to download the form). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



Article 4 :
The prices applied shall be those in force on the date of recording on the order form. OTONÔM reserves the right to review these prices, even during the performance of the contract, in the event that events arise beyond its control, such as changes made by the customer to an order that has been made, delays in the submission of documentation, etc...



Article 5 :
The price of products and the administrative costs for dispatching can be paid by bank transfer, VISA or Mastercard, or by Bancontact.



Article 6 :
Items can be sent by standard or registered post, at the buyer's choice. If the buyer has not received their products within 2 working weeks after payment, they should contact OTONÔM via e-mail (info@otonom.be).



Article 7 :
Delivery delays shall only incur the liability of OTONÔM in the event that this latter commits gross negligence.



Article 8 :
Exceptionally, and depending on technical possibilities, we may place certain orders as express, with a supplemental cost.



Article 9 :
To be acceptable, any complaint of any kind whatsoever must be made by registered post within 72 hours of delivery. Furthermore, no complaints shall be accepted unless they relate to an apparent fault. The complaint shall not be accepted if it relates to the alteration of an article following its potential misuse.



Article 10 :
From the time of delivery, we accept no further responsibility other than that stated in the present general conditions. As a consequence, we shall not be liable to any damages and interest for personal accident, damages to goods which differ from the sold articles, loss of earnings or any other damage arising directly or indirectly from the use of the products.



Article 11 :
The text, the database including the published data, the creation of pages, photographs and illustrations remains the private property of OTONÔM, its suppliers or other third parties with which OTONÔM has signed agreements.

Pursuant to this, any copy, publication, reproduction or other usage, any form of counterfeit, is prohibited without the prior written authorisation of OTONÔM. The recording and importing of information from the OTONÔM website in a database, along with the related services, is expressly forbidden.



Article 12 :
OTONÔM shall invest all reasonable resources to keep the information on its website up to date, in order to distribute the most accurate and comprehensive information possible. However, OTONÔM offers no guarantees in this regard, and may not be held responsible for any damage, direct or indirect, which arises from visiting and using the website, unless the user can show that OTONÔM is guilty of gross negligence.

OTONÔM shall not be held liable in the event of force majeure, which may delay or prevent the performance of the collaboration. The following are considered cases of force majeure, although this list is not exhaustive: strike, natural disasters, extreme weather conditions, fire, governmental measures, technical breakdowns, flooding. OTONÔM shall not be required to prove the unforeseeable or unavoidable nature of the force majeure situation.



Article 13 :
The buyer grants their explicit agreement to provide accurate, up-to-date and complete information about themselves in the identification form on the website at the time of ordering the products. OTONÔM reserves the right, if it has reasonable grounds to believe that the information provided is inaccurate, incomplete or out-of-date, to refuse or cancel the order.

This information may be kept in order to ensure the smooth operation of the OTONÔM service. It may also be used by OTONÔM and its parent company or subsidiaries for marketing purposes and may be made available to third parties with a contractual connection to OTONÔM. Each buyer who proves their identity has the right to access this information and to change it, by prior written request.



Article 14 :
The relationship between the buyer and OTONÔM shall be exclusively subject to Belgian law, even if the buyer resides or is domiciled abroad. In the event of any dispute, the courts of Liège shall hold sole jurisdiction. The parties agree to accept electronic communication methods as proof of their relationship (e-mail, fax, etc).

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