Seller's data
COMPANY NAME: PulseRide
E-mail address: info@pulseride.be
Address: Eigen Haard 33 - 2200 HERENTALS
Company number: 1022590232
VAT: BE 1022 590 232
Bank account number: BE69 1030 9939 6978
BIC NICABEBBXXX
General Provisions
PulseRide offers its customers the opportunity to order medical, life-saving items, but bears no responsibility regarding the correct use of these items, nor the outcome of the use of these items. It is the responsibility of the consumer-user to inform themselves before applying the material. Manuals are offered on the website from PulseRide.
The Terms and Conditions apply to all items in PulseRide's product range and to any purchase made by the customer from PulseRide.
The customer accepts that these General Terms and Conditions will be the only ones applicable, to the exclusion of his/her own general or specific (purchase) conditions, even if these would stipulate that they are the only ones applicable.
Price
All prices quoted always include VAT and all other taxes required to be borne by the customer.
If transport, reservation or administrative costs are charged, this will be stated separately.
The indication of price refers exclusively to the articles as described verbatim.
The accompanying photo is for decorative purposes only and may contain elements or items not included in the price. Colors may vary slightly from those shown in the photos.
All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
Offer
Each offer is only open to customers residing in the BENELUX, France and Germany.
The articles are intended for normal private use as well as for companies.
Despite the fact that the website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, or contains material errors, or is not up-to-date.
Offers are always valid while supplies last and may be modified or withdrawn by PulseRide at any time. If an offer only has a limited validity period or is subject to certain conditions, we expressly state this in our offer.
PulseRide will be entitled -without giving reasons- to refuse orders, adjust delivery times, split deliveries, or attach other conditions to the delivery.
Online purchases
The customer only has the possibility to purchase the articles from PulseRide's assortment online. There is no physical store. However, there is a possibility to pick up the items purchased online at the address provided.
The purchase is made when the customer receives a confirmation email from PulseRide and once we receive approval from the card issuer for your credit or debit card payment transaction. If your card issuer refuses to approve your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
Items will be delivered to the customer's home or to the chosen delivery address.
The customer has the choice between the following online, encrypted payment methods:
- Bancontact
- Credit card
- PayPal
- KBC/CBC
- Apple Pay
To purchase a product, add the product to your shopping cart. You always enter your contact and/or billing information. Upon payment your purchase is final.
When placing your order, you should check your own address thoroughly. Errors in the address provided are your responsibility as a customer. When an order is returned to us because of an incorrect or incomplete address provided by you as a customer, we will automatically charge you 6 euros to resend the package to your correct address, as well as if you choose not to resend the order but to have it refunded.
Similarly, if your package is not picked up at the post office, you as a customer will be charged a 6 euro fee to resend or cancel your package.
Website
All information provided on the website, including the prices shown, may be changed by PulseRide at any time.
The content of the website is for informational purposes only and does not create a contractual relationship. Despite efforts to update the content of the website, some data may be incorrect, outdated or incomplete.
The content of the website is copyrighted. By using the website, you agree that the content of the website is governed by Belgian law.
All photos shown and used on the website are self-created and protected. It is forbidden to copy them or use them in any other way.
The seller is not liable for:
- the malfunctioning of the website;
- for any damage resulting from the use of the website or actions of third parties in relation to the website and
- websites of third parties to which visitors to the website would be referred.
Manuals products
It is not mandatory to provide a manual unless it is necessary for the full and proper use of the product.
PulseRide provides manuals in the webshop for the correct use of certain products. It is the responsibility of the consumer to make use of these before using the product.
The user manual will be in Dutch and English, taking into account the language area in which the goods and services are offered. The instructions for use may also be in the form of a diagram or drawing.
Retention of title
The items delivered will remain the exclusive property of PulseRide until full payment by the customer.
However, the risk due to loss or damage passes to the customer as of delivery. The customer undertakes, if necessary, to inform third parties of PulseRide's retention of title, for example, to any person who may come to seize items that have not yet been paid for in full.
Sanctions for non-payment
In case of non-payment of the ordered goods, PulseRide will first contact the consumer.
If payment is still not made, PulseRide will proceed to execute a reminder to pay. This will be done by means of a letter via e-mail.
This letter will contain the following information:
- the amount due, to be paid to PulseRide
- the contractually determined compensation in case of late payment after the fourteen calendar day period
- the name and company number of PulseRide
- the minimum waiting period of 14 days within which the debt must be paid before any costs, interest or compensation will be charged. This commences the day after the e-mail was sent.
In the event of non-payment after the 14 calendar days, interest will be charged at the then legally stipulated rate from the day after the reminder was sent until payment.
The default interest will not exceed the reference interest rate plus eight percentage points (as referred to in Article 5, second paragraph, of the Law of August 2, 2002 on combating late payment in commercial transactions). Such interest is calculated on the outstanding (principal) sum.
In addition, the consumer owes a fixed indemnity:
- 20 euros if the balance due is less than or equal to 150 euros
- 30 euros plus 10 % of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros
- 65 euros plus 5 % of the amount due on the instalment above 500 euros with a maximum of 2,000 euros if the balance due is above 500 euros.
Without prejudice to the foregoing, PulseRide reserves the right to take back items that have not been paid for (in full).
Failure to pay goods and/or interest/forfeiture costs will result in further legal action.
Complaints
Of course we always hope that all our customers are satisfied. If you have any complaints about our services or for any visible damage and/or quality defects of an article or other shortcomings in the delivery, please contact us at info@pulseride.be. We will do everything possible to deal with your complaint within 7 days.
Warranty
Legality
The new warranty rules apply to all sales contracts on goods concluded from June 1, 2022. Under this law on consumer protection in sales of consumer goods, consumers have legal rights.
Each item is subject to the legal warranty from the date of purchase by (if applicable delivery to) the first owner.
General
When purchasing products from PulseRide, a warranty is provided for up to 2 years after delivery. That warranty applies to a defect that makes the product unfit for normal use. This is called the legal warranty. The legal warranty does not apply to goods that have been judicially sold or seized.
If a hidden defect occurs after the legal warranty period of 2 years, you can still contact PulseRide. In that case, however, you must prove that the defect was already present at the time of purchase. You can then only claim a price reduction or refund.
The (commercial and/or legal) warranty never applies to defects caused by:
- accidents, neglect, falls
- abnormal or incorrect use
- use of the article contrary to the purpose for which it was designed
- failure to comply with instructions for use or manuals
- modifications or alterations to the article
- heavy-handed, abnormal or incorrect use
It also does not apply to articles with a shorter lifespan nor consumables or products whose packaging has been opened and therefore no longer hygienically packed and therefore unusable.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, subject to proof to the contrary by the consumer.
The warranty is not transferable.
Procedure
The consumer must notify PulseRide of the defect as soon as possible and in any event within 2 months from the day you discovered the defect. Thereafter, any right to repair or replacement expires.
To invoke the warranty, the customer must be able to present the proof of purchase.
For items purchased online and delivered to the customer's home, the customer must contact PulseRide in advance at info@pulseride.be describing the defects/damage with supporting photos. The customer must return the item to PulseRide at their expense.
If the above warranty conditions have been met, a replacement of the affected product will be reshipped or refunded to the consumer at no charge. Only then will the cost of the return shipment also be refunded. The consumer must present proof of payment for the shipment for this purpose.
Cancellation period (right of withdrawal)
These provisions apply only to customers who purchase items online in their capacity as consumers.
The consumer has the right to notify PulseRide that he renounces the purchase, without payment of any penalty and without giving any reason, within 14 days from the day following the delivery of the product.
Customers wishing to exercise the right of renunciation must contact PulseRide at info@pulseride.be within 14 days from delivery, stating their order number and description of the goods.
The consumer must return the goods to PulseRide, Eigen Haard 33 - 2200 HERENTALS within 14 days from notification of the use of the renunciation at their own expense.
Only items that are in their original and undamaged packaging, together with all accessories and invoice or proof of purchase can be taken back.
Under no circumstances will be taken back:
- used, soiled, damaged or incomplete articles
- articles whose packaging (or part of it) has been opened
- articles that have been custom-made for the customer
- articles which by their nature cannot be returned, i.e. sealed goods for health or hygiene reasons
The refund of the item will be made upon receipt and inspection of the items by PulseRide. The return costs under the right of withdrawal will be borne by the consumer.
Privacy
PulseRide undertakes to use your data exclusively for the execution of the concluded agreement you enter into through your order and to send you information from PulseRide without obligation.
We treat your data as confidential information and will never transfer, rent or sell them to third parties. You may at any time request, correct, change or delete your data that we keep in PulseRide's customer list and you may refuse to allow PulseRide to use your data to send you information. It is sufficient to request this by e-mail at info@pulseride.be.
Infringement of validity - non-waiver
If any provision of these terms and conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by PulseRide to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Shipping and delivery
General
All goods and services will be delivered as entered in the order.
Deadline
PulseRide must deliver the product within 30 days of the conclusion of the contract.
Subject to exceptions, which will be stated at the time of the order, we will endeavor to ship the purchased products within 5 business days of order and payment by us.
Transport company
PulseRide will determine which transport company will deliver the goods purchased by the buyer.
If they cannot deliver on time, we cannot be held liable. After all, this is beyond our control.
Damage or loss
Was your product damaged during shipping or was it lost? Goods are shipped at PulseRide's risk and will thus be reshipped by PulseRide.
Our liability in case of delivery problems is limited to the value of the items proven not to have been received by the customer and their shipping costs.
If you yourself have chosen a carrier other than the one offered by PulseRide, you must contact your carrier to have your losses compensated.
Wrong order delivered
Does the product you received not match what you ordered? Ask PulseRide at info@pulseride.be to take back the incorrect delivery.
Send your entire order back to PulseRide. Upon receipt and verification of the return, we will ship the correct product at our expense and the cost of the return will be refunded to the consumer. The latter subject to submission of payment for return shipping costs.
Modification of conditions
These conditions are supplemented by other conditions explicitly referred to and the General Terms and Conditions of Sale of PulseRide. In case of contradiction, the present conditions will prevail.
PulseRide may change these Terms and Conditions at any time without further notice. Any purchase made after the change implies acceptance by the customer of these new conditions.
Proof
The customer accepts that electronic communications and backups may serve as evidence.
Force majeure
In case of force majeure, we are not obliged to fulfill our obligations. In this case, we may either suspend our obligations for the duration of the force majeure or permanently terminate the contract.
Force majeure is any circumstance beyond our will and control that prevents the fulfillment of our obligations in whole or in part. By this we understand, among other things, strikes, fire, business disturbances, energy failures, disturbances in a (telecommunications) network or connection or communication systems used and/or the unavailability of our website at any time, non- or non-timely delivery of suppliers or other third parties engaged, ...
Intellectual property
Our website, logos, texts, pictures, names and in general all our communications are protected by intellectual property rights which are either owned by us, our suppliers or other right holders. You are prohibited from using and/or modifying the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photos names, texts, logos color combination, etc. ... may not copy or reproduce without our prior and express written permission.
Also the entire website, with content of combination of layout, texts, photos, logos, color palette and especially the entire style is copyright protected and therefore may not be copied or imitated.
Applicable law - Competent court
Belgian law is applicable, with the exception of the provisions of international private law on applicable law and with of the Rome I Regulation on international sales contracts relating to movable property. In the event of any disputes, the courts of Antwerp shall have exclusive jurisdiction.
