1.Scope for a mixed order
The chapters on device configuration, deposit, production, installation, professional use and device maintenance apply only to devices in the order.
The following additional provisions also apply to accessories, consumables, spare parts and other webshop items. A provision concerning a device does not change the nature of a separate webshop item.
2.General Terms and Conditions
These Sales Terms and Conditions apply from the date you place your order and pay your deposit (the 'Order Date').
3.Documentation
Your Purchase Agreement for the purchase of a diode laser or other equipment ('Device') consists of the following documents:
1. Device Configuration: The Device Configuration describes the device you configured and ordered, including pricing.
2. The final invoice is provided once the order is placed and must be paid no later than the due date stated on it. It includes the final pricing based on your device configuration, as well as taxes and official charges. If payment is not received by that due date, the order will not be shipped.
3. General Terms and Conditions: These General Terms and Conditions are effective from the Order Date.
4.Agreement for Purchase
You agree to purchase from Innovaskin Solutions (Diamantstraat 8 bus 379, 2200 Herentals, Belgium; 'we', 'us' or 'our') the Device described in your Device Configuration under the terms of this Agreement. Other customer terms relating to the Device are excluded unless expressly accepted by us in writing.
5.Purchase Price, Taxes and Official Fees
The purchase price of the Device is indicated in your Device Configuration. This purchase price includes local VAT but may not include certain local and regional taxes and fees. As taxes and fees can vary, these will be calculated closer to the time of delivery and indicated on your Final Invoice. You are responsible for paying these taxes and fees.
6.Ordering Procedure and Cancellation
After you have submitted your order and paid the applicable deposit (such as a reservation deposit or a production advance), we will begin the process to prepare your Device for delivery. You must transfer the remaining balance no later than the due date stated on the final invoice, unless otherwise agreed in writing.
Your order cannot be canceled. If you do cancel or breach this Agreement and we cancel your order, we may retain the deposit of € 500 as an administrative fee, unless otherwise prohibited by law. You acknowledge that the deposit is a reasonable estimate of the damages we incur in processing your order.
We reserve the right to cancel your order in case of non-payment of the remaining amount within the specified period, or if you have provided false information.
7.Right of Withdrawal
As the Device is custom-built and intended for professional use, the right of withdrawal does not apply.
8.Changes and Payment
Since your Device is custom-made for you, changes are difficult to implement. If you wish to make changes, these may result in a price adjustment. You agree to pay the full amount prior to delivery. Upon receipt of full payment, your Device will be shipped. The deposit will be credited to the final purchase price.
9.Delivery
We will notify you of the expected delivery date. We reserve the right to change this date.
You must schedule delivery within one week of the Availability Date. If you are unable to take delivery on the Delivery Deadline, the Device may be made available to other customers. If you do not take delivery after the Delivery Deadline, the Agreement may be terminated, and we will retain the deposit as compensation.
10.Warranty
You acknowledge that you have read and understood the commercial or manufacturer warranty conditions for the Device made available with the product information or in a separate warranty document. Because the Device is purchased for professional use, the statutory consumer conformity guarantee does not apply. Mandatory rights that cannot legally be excluded remain unaffected.
11.Limitation of Liability
We are not liable for any incidental, special, or consequential damages arising from this Agreement. Your sole remedy under this Agreement is limited to the refund of your deposit. This limitation does not apply in cases of willful misconduct or gross negligence on our part, or in cases of death or personal injury.
12.Privacy and Data Protection
We comply with the GDPR and treat your personal data with care and respect. For more information on how we process your data, please refer to our privacy policy on our website.
13.Dispute Resolution
If disputes arise, we will attempt to reach an amicable solution. If no solution can be found, we will refer the dispute to the competent authority in Belgium.
14.Governing Law
The terms of this Agreement are governed by Belgian law. All disputes arising from this Agreement will be submitted to the competent court in Belgium.
15.Warranty Limitations
Damage caused by improper use, including but not limited to the use of tap water instead of demineralised water, improper maintenance, or unauthorized modifications, is not covered under warranty.
16.Deposit Types and Cancellation Policy
If a production deposit has been paid and production has started, this amount is non-refundable. In the case of a small reservation deposit, a fixed administrative fee may apply upon cancellation.
17.Force Majeure
Innovaskin Solutions shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to natural disasters, war, labor strikes, pandemics, or import/export restrictions.
18.Professional Use Only
By signing this agreement, you confirm that the Device is purchased for professional use and not for personal or consumer purposes.
19.Language Priority
In the event of discrepancies between the different language versions of this Agreement, the Dutch version shall prevail.
20.Delivery and Installation Included
The total purchase price includes delivery and on-site installation, unless otherwise agreed in writing.
21.Retention of Ownership
The Device remains the property of Innovaskin Solutions until full payment has been received.
22.Electronic Communication and Signature
You acknowledge that confirmation by email or electronic means is legally binding and has the same value as a written signature.
23.Credit Note Procedure for Leasing
In case of leasing, a credit note is issued upon final payment from the leasing company, followed by a new invoice in the name of the leasing provider.
24.Proper Use and Maintenance
The Device must be used in accordance with the instructions provided. The use of non-demineralized water or other inappropriate maintenance may void the warranty. Damage caused by negligence or misuse is not covered.
25.Exclusion of Liability for User Error
Innovaskin Solutions is not liable for any damage resulting from user error, unauthorized repairs, or the use of unapproved accessories or consumables.
26.Separate delivery of webshop items
Webshop items may be delivered separately from the device and by a parcel carrier. Checkout or the order confirmation states the applicable delivery charge. Included device delivery or installation does not automatically make shipment of other items free of charge.
27.Business returns and defects for webshop items
No statutory consumer right of withdrawal applies to the webshop items. Returns require prior written authorisation, except where the customer invokes a statutory or contractual right based on a demonstrated defect.
Normal wear or consumption through use is not a defect. A warranty exclusion for misuse applies only to the extent that the misuse caused the reported problem.