1. All transactions with and products of ProCcare are subject to the present general terms and conditions, to the explicit exclusion of terms and conditions of third parties or other contracting parties. These terms and conditions are an integral part of the agreement between the parties.
2. ProCcare bvba is a company subject to Belgian law, with registered office at 10 Liefkenshoek, 2980 Zoersel, registered with the Crossroads Bank for Enterprises under no.0629.951.454. The products of ProCcare pertain to treatments that are made available to the customer in the form of software (‘app’).
3. The use of ProCcare products implies, by operation of law, acceptance of the present terms and conditions. Prior to any use, the relevant instructions and/or manual must be read in full, and the products may only be used in accordance with these instructions and manual, whereby any divergent, incorrect or improper use shall result in the loss of warranty and total exclusion of any liability on the part of ProCcare.
4. Any use of ProCcare products is entirely at the customer’s own risk, and ProCcare can never be held liable for anything beyond the mandatory guarantees and responsibilities. ProCcare guarantees that the products meet the specifications stated in the offer and comply with the reasonable requirements of soundness and/or usability in accordance with the statutory provisions applicable on the date of purchase. ProCcare is not responsible for and offers no guarantees as to the soundness of third-party products which are used by the customer in conjunction with ProCcare products.
5. If the ProCcare treatment makes reference to the use of certain appliances, matters or goods, it remains entirely up to the customer, and is their sole responsibility, to decide whether to buy and use such an appliance, object or good. Naturally, the application of the treatment by the customer using appliances, objects or goods that are not consistent with the content of the ProCcare treatment shall take place at the customer’s own risk and on their own responsibility, whereby ProCcare can in no way be held liable in this respect.
6. ProCcare declares that all of its products have been tested, to the best of its ability, according to the possibilities and knowledge available according to the current state of science, and that it has no knowledge of any defects.
7. The use of the ProCcare products is no medical treatment and is no substitute for medical care. ProCcare offers no guarantees in terms of result. The ProCcare products are a tool to achieve the intended result.
8. The composition and content of the ProCcare products (including the software, photographs, video footage, instructions, manuals, source codes), logo and brand name are the intellectual property of ProCcare and are subject to copyright protection. The customer/user is expressly forbidden from altering the composition or content of the products or from reselling, copying, loaning or giving the use of them, renting them, in whole or in part, or transferring them or making them available in any other way to third parties.
9. The purchase of a ProCcare product gives the customer one individual and personal user licence, with the prohibition of transferring this right of use (licence) in any way whatsoever, temporarily or permanently, in whole or in part, to a third party. The licence granted is valid for the period of time specified at the time of purchase or stated on the product.
10. Any action contrary to article 7, 8 or 9 shall result in the immediate and irrevocable loss of any guarantee and of the right of use (licence) without the customer being able to claim any compensation or reduction in the price.
11. Pursuant to art. VI.73, 9° of the Belgian Code of Economic Law, the customer has no right of withdrawal.
12. All texts, data and prices are provided subject to any material error and are inclusive of VAT. If a purchase is made at an incorrectly stated price or under incorrectly stated terms, ProCcare has the right to deem the agreement non-existent, in which case no product will be delivered and the customer will be refunded the price he may already have paid, without there being any further purchase obligation.
13. The customer undertakes to purchase the products from ProCcare through a digital approval within the appliance (website or other digital platform), of which confirmation is sent to the customer by-email. In the event that this confirmation by e-mail is not received the agreement shall not be rendered invalid or non-binding.
14. Complaints must be submitted to ProCcare by registered letter sent to the registered office at 10 Liefkenshoek, B-2980 Zoersel, Belgium within 8 days of the reason for the complaint becoming known to the customer. ProCcare will resolve to the best of its ability the complaint to the extent that it is substantiated.
15. Should one of the provisions contained in these terms and conditions prove to be null and void or unenforceable, this shall in no way affect the validity or enforceability of the remaining provisions and the provision in question shall be replaced by a valid and enforceable provision the intent of which comes as close as possible to that of the parties.
16. Any dispute resulting from transactions with ProCcare are governed by Belgian law and only the Belgian courts of the district of Antwerp, Antwerp division, have jurisdiction to settle them. If the customer is a consumer within the meaning of the Market Practices and Consumer Protection Act, art. 624, 1°, 2° and 4° of the Belgian Judicial Code applies.