Scope
Any commercial transactions concluded between the private limited company “EQUILAC”, with its registered office in New York, NY, 405 Lexington Avenue, 26th Floor, USA (hereinafter “EQUILAC”) and the customer as concluded via the webshop https://www.mcposture.com, shall be governed by these general terms and conditions. EQUILAC is a retail trader, specialised in customer products and related articles (hereinafter the “products”) and aims to sell to consumers and professional customers via its webshop.
With its order/purchase the customer acknowledges having taken cognisance of and accepted the general terms and conditions of EQUILAC. These terms and conditions shall always have priority over any terms and conditions of the customer, even if these stipulate that they solely apply.
Any nullity of one or more stipulations of these terms and conditions shall leave the applicability of all other clauses intact. In the event of nullity of one of the stipulations, EQUILAC and the customer, as far as possible and in accordance with their loyalty and conviction, shall negotiate to replace the void stipulation with an equivalent stipulation that answers the general tenor of these general terms and conditions.
If EQUILAC refrains from demanding the strict application of one of the stipulations of these terms and conditions, this shall not be considered to be an automatic surrender of the rights that EQUILAC has by virtue of these terms and conditions and it shall not prevent EQUILAC from demanding strict compliance with those stipulations later.
EQUILAC reserves the right to adapt or change its general terms and conditions at any time. It is the responsibility of the customer to consult these terms and conditions regularly.
Offer
Catalogues, newsletters, memoranda, folders and advertising announcements shall not be considered to be binding offers of the described or depicted products. EQUILAC offers shall be completely without obligation and shall only be considered to be an invitation for purchase or placement of an order by the customer, unless expressly stated otherwise. An offer shall only be valid for the specific order to which it relates and shall therefore not automatically apply for subsequent similar orders. An offer shall only comprise those products that are expressly stated in it.
Conclusion of an online purchase
The purchase shall only be concluded upon receipt by the customer of the confirmation mail from EQUILAC, even if this mail is received by the customer in the “spam” inbox of his email account. This confirmation mail shall only be sent by EQUILAC after correct payment of the order by the customer. Any changes or additions after the conclusion shall only apply after written approval by both parties e.g. in respect of the products purchases or execution times.
Insofar as the right of withdrawal does not apply, EQUILAC reserves the right, in the event of (even a partial) cancellation of an order or purchase, to charge 10% of the price of the cancelled order, exclusive of VAT, as compensation, without prejudice to the right of EQUILAC to claim compensation of loss actually suffered, if it can prove this.
EQUILAC reserves the right to demand additional information about the customer and his activities, for reasons of security and surety, and, failing these, to refuse execution of the order. In addition, EQUILAC may refuse to execute orders that prove that the consumer-customer intends to resell the products.
In the event that EQUILAC, for objective reasons, considers itself incapable of executing the purchase/order, such as, without limitation, when products are not or no longer in stock, EQUILAC shall inform the customer of this within 7 calendar days after the conclusion of the agreement. In that case, payments made already shall be repaid within 14 calendar days after the conclusion of the agreement. Under no circumstances may compensation be demanded from EQUILAC in such case.
EQUILAC reserves the right to cancel a purchase/order if it is based on incorrect information from the customer entered in the system of the webshop or when EQUILAC suspects that the customer purchases a product from EQUILAC for reasons that cannot be considered objectively as reasonable and acceptable. In such case, EQUILAC will be entitled to claim compensation for the loss suffered as a result. At any rate, EQUILAC shall in the first instance approach the customer with a view to obtaining more information.
Right of withdrawal
The consumer-customer has the right of withdrawal in respect of the products purchased via the webshop. The term of withdrawal expires 14 calendar days after the day on which the customer or a third party designated by the customer, not being the conveyor, receives the physical possession of the good. To exercise the right of withdrawal, the customer shall inform EQUILAC of his decision to cancel the agreement via an equivocal statement by email. If the customer uses this option, EQUILAC shall send the customer acknowledgement of receipt of his cancellation without delay on a sustainable data carrier (e.g. by email). To comply with the terms of withdrawal it shall suffice that the customer sends his statement in respect of the exercise of the right of withdrawal before the term of withdrawal has expired. If the customer cancels the agreement, EQUILAC shall repay the customer all payments he has made up to that moment, including delivery costs (with the exception of any additional costs as a result of the choice of the customer for another manner of delivery than the cheapest standard delivery provided by EQUILAC), without delay and at any rate no later than 14 calendar days after EQUILAC was informed of the customer’s decision to cancel the agreement. EQUILAC shall then repay the customer using the same means of payment used by the customer for the original transaction, unless the customer has expressly agreed otherwise; at any rate, the customer shall not be charged costs for such repayments. EQUILAC will be entitled to postpone repayment until the products have been received by EQUILAC or until the customer has proven that he has returned the products, depending on which point of time is first. The customer shall return or hand the products to EQUILAC without delay, but at any rate no later than 14 calendar days after the day when he informed EQUILAC of his decision to cancel the agreement. The customer shall have acted in due time if he returns the products before the term of 14 calendar days has expired. The direct costs of returning the products shall be borne by the customer, including any custom levies if the goods are returned, which shall be withheld from the amount that EQUILAC must repay, unless agreed otherwise. The customer shall only be liable for the decrease in value of the products due to the use of the products that goes beyond what is necessary to determine the nature, characteristics and effect of the products.
Repayment of the delivery costs by EQUILAC shall always be pro rata. (For example: the customer buys 2 products and sends 1 back, cancelling the agreement. In that case, EQUILAC needs only repay 50% of the delivery costs.) However, when EQUILAC uses fixed delivery costs, upon partial cancellation EQUILAC will not be obliged to repay any delivery costs.
The returned product shall not have been used and shall be in the same condition as at the moment of delivery. Moreover, the product shall be returned in the original packing in which the product was sent, whether opened or not and including all appurtenances supplied with the product, whereas the customer will not be entitled to remove the “seal” or to open the “blister”, so that EQUILAC will be able to sell the good still to a third party even after cancellation (see instructions visual). In no case shall a professional customer have the right of withdrawal.
Price
All prices shall be expressed in the currency applicable in the country of delivery and shall be inclusive of VAT, but exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise. Any costs for delivery shall always be stated separately.
The products shall always be sold at the prices stated in the webshop at the moment of the online purchase.
Insofar as the prices are based on the then prevailing amount of the cost of wages, the cost of ingredients, social contributions and government charges, transport costs and insurance premiums, the cost of materials and parts, rates of exchange and/or other costs, in the event of a raise or reduction of one or more of these price factors, EQUILAC will be entitled to raise or reduce, respectively, its prices accordingly in accordance with the legally permissible norms.
Delivery
The date of delivery stated shall always be an approximate date. Under no circumstance, except in the event of intention or gross neglect on the part of EQUILAC, shall excess of the term anticipated be reason for compensation of dissolution of the agreement at the expense of EQUILAC.
Changes in the order shall automatically cancel the terms of delivery stated. In no case shall EQUILAC be liable for delays occurred due to the default of suppliers, the customer and/or any other third party. Late delivery by EQUILAC shall not release the customer from his obligations. EQUILAC reserves the right to make partial deliveries in respect of any order whatsoever.
The products shall be supplied DELIVERED AT PLACE (Incoterms® 2010) at the delivery address specified by the customer or at the collection point chosen by the customer. The transfer of risk for damage, destruction and disappearance in respect of the products shall therefore pass on at the moment of effective delivery. In the absence of the customer upon delivery at the delivery address specified, the transport service shall leave a note at the delivery address stating that the customer may collect the order from the post office stated in the note.
If the customer rejects the order upon delivery or if it is not collected from the post office within the term stated in the note, the order shall be returned to the registered office of EQUILAC. The costs of returning the goods as well as the costs connected with this (such as, without limitation, customs charges, taxes, VAT, storage costs) shall be borne by the customer.
Payment
Orders via the webshop may only be paid online by the customer via a special payment module provided on the website of EQUILAC.
For the processing of these online transactions, EQUILAC uses external professional and specialised partners who manage a payment platform. The financial data of the customer entered in the framework of online payment shall only be exchanged between the external partner and the financial institutions concerned. EQUILAC shall not have any access to the confidential data of the customer.
Online payments take place using secured protocols. To all online payments shall apply the general terms and conditions of the external manager of the payment platform, who is the sole person responsible for the correct execution of all online payments.
Electronic invoicing
By ordering a product, the customer expressly agrees with the use of electronic invoicing by EQUILAC, except if agreed otherwise in writing between the parties.
The consumer-customer shall accept that EQUILAC states the full price in the order confirmation and that the package list – that will accompany the actual delivery of the product – does not state the price. If a consumer-customer nevertheless wishes to obtain an invoice, he shall inform EQUILAC of this beforehand and in writing, so that EQUILAC can provide this.
Visible/hidden defects and complaints
Upon delivery of the product, the customer shall immediately carry out a first verification. This obligation of immediate verification relates to, among other things: (a non-exhaustive summary) quantity and dimensions, conformity of the delivery, visible defects, correct location(s), etc. At the risk of forfeiture, the customer shall inform EQUILAC immediately, within 48 hours after delivery and at any rate before using the products, of verifiable variations in writing.
For consumers-customers the statutory guarantee shall apply for hidden defects of 2 years from the date of delivery of the products (delivery note). Such guarantee may only be relied on insofar as the consumer-customer can prove that the defect existed already at the time of delivery. Any complaints based on hidden defects shall be reported by the customer to EQUILAC, at the risk of forfeiture, within two (2) months after discovery thereof via the contact form on the website, by fax, post or email. Professional customers shall inform EQUILAC of hidden defects within one (1) month of the date of delivery of the products (packing list), but at any rate within 48 hours of discovery thereof, via the contact form on the website, by fax, post or email.
If no complaints are submitted within these terms, the customer shall be considered to have approved and accepted the delivery. At the risk of inadmissibility of the complaint, the customer shall have to prove that he has kept the products correctly both before and after discovery of the defects.
After finding any defect, the customer shall immediately discontinue the further use of the product concerned and furthermore take all reasonable measures to prevent (further) damage and to keep the products correctly, at the risk of inadmissibility of the complaint. The guarantee or indemnification for hidden defects shall in no case apply if the damage has been caused by incorrect usage or incorrect maintenance of the product.
In no case will the customer be entitled to return the products to EQUILAC pursuant to this clause without the prior agreement of the latter. EQUILAC reserves the right to establish the defects on the spot together with the customer and look into the cause thereof. EQUILAC shall in no case be responsible for the loss of or damage to returned products until the moment they are accepted by EQUILAC in its warehouses.
Any claim of indemnification shall become ineffective upon processing, change or repair by the customer or by third parties or in the event of abnormal or extraordinary usage, burdening and/or wear and tear of the products or damage caused by force majeure.
No claim of indemnification by EQUILAC for hidden defects or non-conformity may be retained after expiry of the aforementioned terms.
In no case shall a complaint of the customer be based on failure to realise the effect of the products of EQUILAC
The customer will be obliged to compensate the costs incurred because of unjustified complaints.
The guarantees that EQUILAC provides to the customer shall be limited, upon EQUILAC’s discretion and insight, to (complete or partial): (i) replacement (ii) acceptance of return of the products concerned, crediting the customer.
Disagreement with an invoice by the customer shall be submitted in writing by the customer within 7 days after invoice date.
Liability
With the exception of the indemnification by EQUILAC in accordance with the above guarantee stipulation, EQUILAC’s liability shall be limited to the invoice value of the products supplied by EQUILAC and shall at any rate be limited to the mandatory liability.
In no case will EQUILAC be obliged to compensate indirect damage (such as, without limitation, loss of income or damage to third parties).
EQUILAC shall not be liable either for defects that are caused directly or indirectly by an act of the customer or of a third party, irrespective of whether these are caused by an error or negligence.
Designation of products by the customer or by a third party shall be under the full responsibility and at the risk of the customer. In such a case, EQUILAC shall in no way be held accountable for direct or indirect damage resulting from this designation.
In no case shall EQUILAC be liable for the consequences of use of the product that is not in accordance with the directions for use that are supplied together with the product or for unintended and/or undesired interaction as a result of simultaneous use of the product with other products and/or medicines. Consequently, the customer shall always use the products in accordance with the directions for use and, if applicable, take precautions that may result from the available scientific information concerned stated on the product.
The customer shall be solely responsible for the use of the product and, more particularly, in respect of the composition/ingredients, allowed quantity, combination with other products/medicines or any doctor’s advice received and, for this purpose, shall take the initiative for a prior check, whereas EQUILAC shall not be responsible in this respect in any way. In addition, the customer shall also be responsible to judge if he is allergic to any ingredient of which the products of EQUILAC are composed.
The effect of the product is also dependent on personal facts and circumstance as well as of the correct use adapted to the individual situation of the customer. The effect of the product will not be guaranteed by EQUILAC to a customer whose personal facts and circumstances it does not know.
Finally, the customer shall recognise that EQUILAC provides no guarantee that the products satisfy the regulations or demands applicable in any territorial jurisdiction, as these apply at the moment of delivery of the product to the customer by EQUILAC, which is why EQUILAC cannot be held responsible for any later changes in legislation.
Promotions
Promotional extras from EQUILAC, in whatever form (such as, without limitation, price reductions, discount vouchers, free shipment, etc.) shall always be used in accordance with the directives as expressly stipulated. At any rate, these may only relate to one order, cannot be accumulated and are person-specific.
If the consumer-customer uses the right of withdrawal for products that were part of a promotion campaign, EQUILAC reserves the right to recalculate the price of the products that were not part of the cancellation. For example: promotion campaign entailing that in case of purchase of product A, product B can be purchased for half the price. The customer cancels product A. This means that the promotion conditions are no longer fulfilled and the full price will have to be paid for product B. In that case, EQUILAC shall repay the money paid, in accordance with clause 4, deducting the additional part that must still be paid for product B.
Force majeure/hardship
If, because of force majeure, EQUILAC cannot possibly execute its obligations or the execution thereof is made more difficult to an unreasonable extent, it will be entitled to suspend the execution thereof fully/partially and for the time being for the duration of this force majeure or definitely without being obliged to cancel the order beforehand or to pay any compensation. Conventionally, cases of force majeure shall be: war, blockade, insurrection, industrial action or lock-out, seizure, shortage of means of transport, general shortage of raw materials or products, limitations in respect of energy consumption, either at EQUILAC, or at one of its suppliers. In the event of hardship, EQUILAC aims to renegotiate the terms of the agreement. If no agreement can be reached between the parties, EQUILAC reserves the right to suspend the execution of the agreement entirely or partially for the duration of the hardship.
Intellectual property rights
EQUILAC guarantees that it has the necessary licences for offering its range of products. However, EQUILAC shall retain all copyrights or the rights granted to it of the product description, texts, designs, drawings, models, samples, photographs and products drawn up by it, so that the customer shall not copy or use e.g. the products for other purposes than for which they are intended without prior written permission from EQUILAC.
Personal data
The customer shall permit EQUILAC to enter the personal data provided by the customer in an automated database.
These data will be used with a view to conducting information and promotion campaigns in connection with the activities and/or products offered by EQUILAC in the framework of the contractual relationship between EQUILAC and the customer.
The customer may always request his personal data and correct them. If the customer no longer wishes to receive commercial information from EQUILAC, the customer shall inform EQUILAC accordingly. Costs for changes to the customer’s original data, at his request, shall always be charged.
Visual material
The customer shall permit EQUILAC to use visual material of the products supplied to the customer for: (non-exhaustive summary) general information, publicity purposes, publication on the website of EQUILAC, publication in folders, etc
Language
Unless expressly agreed otherwise, the customer recognises that the language of these general terms and conditions shall also be the working language in all commercial transactions with EQUILAC. The original language of these terms and conditions is English. Translations of documents drawn up in another language shall always only serve an informational purpose for the customer.