General sales conditions
The general sales conditions that follow apply to the sale of all products found on the SA PSYCHOMED.COM Internet site. The company is headquartered at 1380 Ohain (Belgium), Vieux Chemin de Wavre 117a, and registered with the Business Registration Office under n° BE0889.047.263.
The present general sales conditions govern the contractual relationship between PSYCHOMED.COM and its customers (a consumer, natural person, legal entity, professional or private individual, etc.) within the framework of a remote sales system. Both parties accept these conditions without reserve. The present conditions take precedence over all other conditions.
The customer declares to have had knowledge of the following provisions before ordering the products shown on the PSiO Internet website (www.psioplanet.com). By choosing to buy one of these items, the customer expressly and irrevocably accepts the terms below.
The fact that the customer was not able to read these conditions in their native language in no way invalidates them.
PSYCHOMED.COM reserves the right to change sales conditions at will and without prior notification.
2. Features of the products sold
The technical specifications and descriptions of the products shown for sale are in no way contractual. They only provide a description of the items sold. If errors are introduced, they in no way commit PSYCHOMED.COM’s responsibility. Only the items sold are part of the contractual agreement. The features of the items sold can be modified as part of product upgrades and/or of product description updates.
PSYCHOMED.COM sells its products using a three-step ordering process. Step one: the customer enters their contact details for billing purposes. Step two: the customer views the items for sale and selects the ones they wish to purchase by filling out the “quantity” box next to the item. Step three: the customer views their basket of items and selects their preferred payment method.
Following completion of these three steps, an invoice is created automatically by PSYCHOMED.COM as proof of the customer’s purchase. The customer will receive a copy of the invoice once they have completed payment by using the “OGONE - verysign secured” secure payment system and returned to the PSYCHOMED.COM Internet site or paid directly from the PSYCHOMED.COM Internet site if they are paying by bank transfer.
All items are priced in US dollars, excluding taxes (HT), shipping, and any other additional fees.
It is the responsibility of customers residing outside of Belgium to inquire about applicable import duties and taxes and assume full responsibility for declaring and paying them. On the other hand, VAT is automatically added to the price of downloads no matter which country the order originates in because, due to current tax legislation, PSYCHOMED.COM can be held responsible for the payment of VAT on all orders from all countries.
5. Delivery and Shipping
Delivery and/or order fulfilment deadlines are given for information only and are not binding. Late delivery or fulfillment can not in any event result in the cancellation of an order, a demand for damages, or any penalties whatsoever. PSYCHOMED.COM reserves the right to make partial deliveries. A partial delivery can in no way justify the refusal of payment for delivered goods.
The customer will be informed by email if the product(s) they ordered are not available. In the case of downloads, links are generated automatically as soon as payment is made. PSYCHOMED.COM cannot be held responsible for any delays in the supply of download links which are the result of technical problems. The customer must inform PSYCHOMED.COM sprl should there be a delay in the delivery of download links.
All risk, and notably those related to shipping, will transfer to the customer as soon as the goods leave PSYCHOMED.COM premises and this notwithstanding the application of the ownership reserve provided by Article 7. The same will apply when PSYCHOMED.COM provides transportation, either directly, or through a third party.
7. Transfer of ownership and risk
Transfer of the ownership of goods will only take effect after full payment of the purchase price of the goods, including principal, interest, and fees.
Specifically, the customer cannot transfer the right of ownership to a third party, or transfer, pawn, or use it for an indemnity or lien.
The customer bears responsibility for all risks. Downpayments may be kept to cover future losses at resale.
If the customer does not pay by the agreed-to deadline, PSYCHOMED.COM reserves the right to demand the return of the merchandise and this without prior notification.
8. Payment Conditions
8.1. PSYCHOMED.COM invoices are payable on receipt.
In the event that no payment is received by the due date, PSYCHOMED.COM reserves the right to suspend delivery until full payment of the sales price has been made, without this suspension of delivery constituting any assumption of responsibility by PSYCHOMED.COM, or, among other things, leading to a price adjustment, or opening rights to any indemnities whatsoever.
Unless otherwise stipulated, invoices are payable cash on delivery. Payments are made in US dollars, by the agreed-to due date.
Non-payment by this due date will result in the customer’s obligation to pay interest in the amount of 12% annually on the outstanding balance and this by rights and without prior notice.
Non-payment of a single invoice by its due date will result in a demand by rights for full payment of the outstanding balance of all other invoices, even those which have not come due.
In addition, if an invoice remains unpaid after its due date, the outstanding amount will be, by rights and without prior notification, increased by 15%, with a minimum of 50 US dollars, and this, as standard damages for accrued administration and management costs incurred as a result of the late payment.
If the customer differs payment of one or more invoices, PSYCHOMED.COM is authorized to delay without notification any other operations as long as the invoices remain unpaid.
8.2. Online payment
Customers are sent to the “Ogone” server for online payments. Ogone assumes security for the transaction as soon as the customer is sent to their server. The order will be validated by PSYCHOMED.COM only when the bank server has authorized the transaction.
PSYCHOMED.COM will take all required and necessary measures in its power to secure information related to customer orders and payments. PSYCHOMED.COM cannot, however, be held responsible for any illegal access by third parties to information sent by customers ordering through the PSYCHOMED.COM Internet site. Transactions are the responsibility of Ogone which has secure servers for this purpose.
9. Shipping fees
Customers are informed of shipping fees applicable and accept to pay them. Shipping fees are always debited whether or not the customer avails themself of their right to cancellation, of which more below.
10. Right of retractation
In accordance with the Belgian law of 14 July 1991 on business practices, and information and consumer protection, the buyer, who is also a consumer, has 14 working days following order delivery to notify cancellation of their order. Notification of cancellation can be done by email, fax, or certified mail. In the event of valid cancellation, the customer must return the item(s) to PSYCHOMED.COM in their original sealed packaging with the invoice and this within three working days beginning on the date the cancellation email, fax, or certified letter was sent.
As soon as PSYCHOMED.COM has received the returned item it will reimburse the amount of the order in question by bank transfer, as long as the item(s) and packaging are in perfect condition. The shipping costs of the order are not refunded if it has been sent.
Shipping fees incurred to return the item are at the customer’s expense except in the event of delivery of a non-compliant order.
Audio files are delivered immediately by download of an immaterial service after the customer has been informed via email that their payment was validated and that the products they ordered are available for downloading in their customer space. In most cases, PSYCHOMED.COM will begin to fulfill the immaterial service before the end of the seven-day period, in compliance with the customer’s wishes. In this case, the parties agree that file download cannot give rise to any form of cancellation whatsoever.
11. Force majeure
PSYCHOMED.COM declines all responsibility for losses and damages due to delays or non-fulfillment of the obligations provided for in the present conditions if these events are due to circumstances including, but not limited to, strikes, occupation of premises, riots, war, fire, or a case of force majeure, to errors or omissions on the part of PSYCHOMED.COM suppliers, to restrictions imposed by the authorities, to non-delivery of import or export licenses, to obedience of the laws in effect, to prescriptions or a legal order, to any other circumstances or causes whatsoever which might result in defective fulfilment of the present conditions, or to any other motive whatsoever outside of PSYCHOMED.COM’s control.
12. Limitations on exports
Products purchased from PSYCHOMED.COM are subject to the legislation and provisions of Belgian export law. The buyer accepts all responsibility and all fees related to obtaining the authorizations required for the type of merchandise being exported, their destination, and their use.
13. Intellectual Property
Copyright and all intellectual rights are reserved worldwide for all musical files, texts, comments, illustrations, and images reproduced on the PSYCHOMED.COM site. As a result, only private use under reserve of the various provisions, or potentially more restrictive ones, found in national and international law governing copyright, is authorized.
Reproduction in full or in part of the PSYCHOMED.COM site for purposes other than its intended use, and/or of its elements, is strictly forbidden. All resale, exchange, rental, or transfer of files to at third party is strictly forbidden.
The customer only enjoys a right to personal use of the files, limited to the directions provided at the time the musical files are selected, and in a purely private and commercial-free environment. Any use outside of the framework of the present conditions is strictly forbidden and any use for purposes other than private ones exposes the customer to civil and/or criminal poursuit.
PSYCHOMED.COM cannot be held responsible for technical problems outside of its control, including:
- Communication problems caused by the customer’s Internet service provider (slow or interrupted access is possible). Temporary interruption of service due to technical reasons, and notably to reasons related to network maintenance or failure is possible. The customer acknowledges and accepts the constraints and limits of the Internet network, notably in terms of data transmission over networks, and data access.
The customer is solely responsible for the use that they make of the service and cannot hold PSYCHOMED.COM responsible for any complaints and/or procedures brought against them.
15. Competent courts and Jurisdiction
The sale of goods (and of download services) is subject to Belgian legislation. Any litigation resulting from, or related to, the interpretation or execution of the present general conditions will be definitively settled by the French-language chambers of the Courts of Brussels.
If a provision or formulation of the present general conditions is found to be illegal, invalid, or impossible to execute, for any reason whatsoever, this provision or formualtion will remain applicable as long as it is legal, and the applicability, validity, legitimacy and executibility of all other provisions will not be affected.
16. Use of electronic means of communication
The sale of products offered on the PSYCHOMED.COM Internet site is carried out by electronic means. As a result, the customer accepts that PSYCHOMED.COM will also communicate with them by this means. PSYCHOMED.COM is authorized to send the customer electronic messages and other information about their order via Internet. Insofar as authorized by law, the customer accepts that the above replaces all legislation requiring the use of other methods or timings for the receipt of information about orders.