TERMINOS DE VENTA

Terms of Sale

Viset SRL Conditions of sale

This page (together with our Privacy Policy and Terms of Use) provides you with information about us and the legal terms and conditions (Terms) on which we sell the products (Products) displayed on our website (our Site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully, and make sure you understand them, before placing an order for Products on our Site. You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 4. Each time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were last updated on April 7, 2022.

These Terms, as well as our Privacy Policy and Website Terms of Use, constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf that is not set forth in these Terms of Sale or our Website Privacy Policy and Terms of Use.

1. INFORMATION ABOUT US

We operate the website, www.visetlab.com We are Viset SRL, a Belgian company (company number 0767.544.271) 33 Avenue Wellington 1180 Brussels - Belgium

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 For the steps you need to take to place an order on our website, please refer to our website at www.visetlab.com .

2.2 Our order process allows you to check and correct any errors before submitting your order to us. Please take the time to read and review your order on each page of the order process.

2.3 Your order is an offer to purchase. After placing an order, you will receive an email from us acknowledging receipt of your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.

2.4 We will confirm our acceptance by sending you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Shipping Confirmation will include a carrier tracking identifier that will allow you to track your delivery.

2.5 If we are unable to supply you with a Product for any reason, for example because that Product is no longer available or because of a pricing error on our website, as set out in clause 8, we will notify you by email. and we will not process your order. If you have already paid for the Products or have made a deposit, we will refund the full amount you have paid as soon as possible.

3. OUR PRODUCTS

3.1 The images of the Products that appear on our website are for illustrative purposes only. Although we have made every effort to display form factor and colors accurately, we cannot guarantee that your computer's display of colors accurately reflects the color of the Products. The form factor of your order may vary due to engineering, technical or aesthetic factors.

3.2 The packaging and accessories of the Products may vary from those shown in the images on our website.

3.3 All Products displayed on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order until the Product is available, except for Products shown on our site as in development/production and not yet available. are not in stock but are available for pre-order (Pre-Order Products).

3.4 We reserve the right to make minor changes to the products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical improvements and adjustments. These changes will not affect your use of the product.

3.6 The Products use an application to play music simultaneously ("the App"). Your use of the App will be subject to the standard EULA (End User License Agreement) with the platform from which the App was downloaded. You will not acquire any intellectual property or other rights related to the Products or the App. App. The devices and operating systems compatible with our App are detailed in the frequently asked questions on our website.

OUR RIGHT TO MODIFY THESE TERMS

4.1 We change these terms from time to time. Please check the top of this page to see when these Terms were last updated.

4.2 We may revise these Terms from time to time in the following circumstances

(a) changes to the way we accept payments from you; either

(b) changes in relevant laws and regulatory requirements.

4.3 Each time you order Products from us, the Conditions in force at that time will apply to the Contract between you and us.

4.4 In the event that we need to revise these Terms in relation to your order, we will contact you to give you reasonable notice of the changes and how you can cancel the Agreement if you are not happy with the changes. You may cancel the contract for all affected Products or only for Products that you have not yet received. If you choose to cancel, you will have to return the relevant Products that you have already received in accordance with our Returns Policy.

GENERALITIES

5.1 If you are a consumer, you may only purchase Products on our website if you are at least 18 years of age.

5.2 If you are a consumer, we have a legal obligation to supply you with products that are in accordance with this Agreement. As a consumer, you have legal rights in relation to Products that are defective or not as described.

5.3 If you are a business customer, you confirm that you have the authority to bind any business on whose behalf you use our Site to purchase Products.

5.4 We reserve the right to refuse any order you make of us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

6. DELIVERY

6.1 Your order will be fulfilled within 2 business days from the order date, at which time you will receive a tracking ID and an estimated delivery date via our carrier.

Occasionally our delivery may be affected by an event beyond our control. See clause 13 for our responsibilities in this case. In any other case, if we do not meet the estimated delivery date of your products, you can cancel your order immediately if any of the following circumstances apply:

(a) we have refused to deliver the Products;

(b) delivery on the Estimated Delivery Date was essential (taking into account all relevant circumstances); either

If you do not wish to cancel your order immediately, or you do not have the right to do so under this clause 6.1, you can give us a new delivery period, which must be reasonable, and you can cancel your order if we do not meet the new period.

If you decide to cancel your order under this clause 6.1, you may do so for only some or all of the Products. If the Products have been delivered to you, you will need to return them to us, in accordance with our returns policy. Once you cancel your order, we will refund any amounts you have paid for the canceled Products and their delivery.

6.2 This clause applies only to products ordered in advance. Occasionally our delivery to you may be affected by an event outside of our control. See clause 13 for our responsibilities in this case. In any other case, if we are unable to fulfill your order within fourteen (14) days of the order date, we will notify you by email with a revised estimated delivery date (Revised Estimated Delivery Date). We will continue to process your order with the revised estimated delivery date unless you notify us that you do not wish to proceed with your order by contacting us at info@vibroacustica.com.ar . If you notify us that you do not wish to proceed, and you have already paid for the Products or made a deposit, we will refund the full amount you have paid as soon as possible. If we do not meet an estimated delivery date or a revised estimated delivery date, you may cancel your order immediately if any of the following circumstances apply:

(a) we have refused to deliver the Products;

(b) delivery on the Revised Estimated Delivery Date was essential (taking into account all relevant circumstances); either

(c) you told us, before we accepted your order, that delivery by the Estimated Delivery Date was essential, or you told us, when we informed you of a Revised Delivery Date, that the Revised Delivery Date was essential.

If you do not wish to cancel your order immediately, or you do not have the right to do so under this clause 6.2, you can give us a new delivery period, which must be reasonable, and you can cancel your order if we do not meet the new period.

If you decide to cancel your order under this clause 6.2, you may do so for only some or all of the Products. If the Products have been delivered to you, you will need to return them to us in accordance with our Returns Policy. Once you cancel your order, we will refund any amounts you have paid for the canceled Products and their delivery.

6.3 Delivery will be completed when the Products have been collected by you or by a carrier arranged by you to collect them.

6.4 The Products will be your responsibility and at your risk from the time delivery is completed.

6.5 You own the Products once we have received full payment, including all applicable delivery charges, and delivered the Products to you.

6.6 If no one is available at your address to take delivery and the products cannot go through your letterbox, we or our courier will leave a note telling you how to rearrange the delivery or collect the products from a local depot.

6.7 If, after a failed delivery, you fail to re-arrange delivery or collect the products from a delivery warehouse, we will contact you for further instructions and may charge you for storage costs and any other delivery costs. . If, despite our reasonable efforts, we are unable to contact you or arrange a new delivery or collection, we may terminate the contract and clause 14.4 will apply.

7. INTERNATIONAL DELIVERY

7.1 If you order Products from our site for delivery outside of Argentina, your order may be subject to import duties and taxes that apply when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount.

7.2 You will be responsible for payment of such import duties and taxes. Please contact your local customs office for more information before placing your order.

7.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable if you violate any of these laws.

8. PRICE OF THE PRODUCTS AND SHIPPING COSTS

8.1 The prices of the Products will be those indicated on our website at any given time. We take all reasonable care to ensure that the prices of the Products are correct at the time the relevant information was entered into the system. However, if we discover an error in the price of the Products you have ordered, please refer to clause 8.4 to find out what happens in this case.

8.2 The prices of our Products may change from time to time, but the changes will not affect any orders you have already placed.

8.3 The price of a Product does not include shipping costs and applicable taxes. Our shipping costs will be communicated to you during the purchase process, before you confirm your order. To check the applicable shipping costs, please see our delivery and returns page.

8.4 It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of Products you have ordered, we will notify you in writing of the error and give you the option of continuing to purchase the Product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have been reasonably recognized by you as a pricing error, we do not have to provide the Products to you at the incorrect (lower) price.

9. HOW TO PAY

9.1 You can pay for the Products using a debit or credit card, or a PayPal account. We accept the cards that appear on our website.

9.2 Payment for the Products and all applicable delivery charges is made in advance.

10. OUR WARRANTY FOR THE PRODUCTS

10.1 We provide a limited warranty valid from the time of delivery and for a period of 12 months thereafter, the Products will be free from material defects and will conform in all material respects to their Product Description as described. on the Viset Lab website. However, this guarantee does not apply in the circumstances described in clause 10.2.

10.2 The warranty in clause 10.2 does not apply to any defects in the Products arising from

(a) intentional damage, abnormal storage or working conditions, accidents, negligence on your part or that of a third party;

(b) if you do not handle or use the Products in accordance with the instructions for use; either

OUR LIABILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT. OUR LIABILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR OR REPLACEMENT.

10.4 If you are a consumer, this warranty is in addition to your statutory rights in relation to Products that are faulty or not as described.

The Product and App are for informational purposes only and are not intended to replace the relationship between you and a healthcare provider.

OUR RESPONSIBILITY IF YOU ARE A COMPANY

11.1 Nothing in these Conditions limits or excludes our liability for

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

11.2 NOTWITHSTANDING THE PROVISIONS OF CLAUSE 11.1, IN NO EVENT SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF LEGAL OBLIGATIONS, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT. WITH HIM, OF

A) ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE;

B) LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;

C) LOSS OF BUSINESS OPPORTUNITIES;

D) LOSS OF ANTICIPATED SAVINGS;

E) LOSS OF GOODWILL; EITHER

F) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS, WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY AGREED-ON OR OTHER REMEDY. TYPE DOES NOT FULFILL ITS ESSENTIAL PURPOSE.

11.3 SUBJECT TO CLAUSE 11.1 AND CLAUSE 11.2, OUR TOTAL LIABILITY IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF OBLIGATIONS IN NO EVENT SHALL EXCEED THE PRICE OF THE PRODUCTS AND DELIVERY CHARGES PAID BY YOU, STATUTORY OR OTHERWISE.

11.4 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE MAKE NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS IN CONNECTION WITH THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY THAT MAY BE IMPLIED OR INCORPORATED IN THESE TERMS BY LAW, COMMON LAW OR OTHERWISE, IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE SHALL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.

We only supply the Products for your internal business use. You agree not to use the Products for the purpose of resale.

OUR LIABILITY IF YOU ARE A CONSUMER

12.1 If we do not comply with these Terms, we will be liable for any damages you suffer that are a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time of entering into the Agreement.

12.2 We only supply the Products for domestic and private use. If You are going to use the product for any commercial, business or resale purposes, You do so at Your own risk and We have no liability to You for any loss of profits, loss of business, interruption of business or loss of business opportunity. business.

12.3 We do not exclude or limit in any way our liability for

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) any breach of the conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

(e) defective products under the Consumer Protection Act of 1987;

(f) or any other liability that cannot be excluded or limited by law.

13. EVENTS BEYOND OUR CONTROL

13.1 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is further defined in clause 13.2.

13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lockouts or other industrial actions by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, disease or other natural disaster, or failure of public or private telecommunications networks or inability to use of railways, ships, airplanes, motor transport or other means of public or private transportation.

13.3 If an Event Outside Our Control occurs that affects the performance of our obligations under a Contract

(a) we will contact you as soon as reasonably possible to notify you; Y

(b) our obligations under a Contract will be suspended and the period for performance of our obligations will be extended for the duration of the Event Outside Our Control. In the event that the Event Outside Our Control affects the delivery of the Products, we will agree with you a new delivery date after the Event Outside Our Control has ended.

13.4 You may cancel a Contract affected by an Event Outside Our Control that has continued for more than thirty (30) days. To cancel, contact us. If you choose to cancel, you will have to return (at our expense) the relevant Products you have already received and we will refund the price you paid, including delivery charges.

TERMINATION OR CANCELLATION

14.1 This section 14 will apply to you if you are a consumer.

14.2 You can always terminate your contract with us. Your rights to end the contract will depend on what you bought, whether it is defective, how we are acting and when you decide to end the contract:

(a) If what you have purchased is faulty or misdescribed, you may be entitled to withdraw from the contract (or to have the product repaired or replaced or a service re-performed, or to have some or all of your purchases returned to you). your money);

(b) If you want to end the contract because of something we have done or told you we are going to do, see clause 14.3.

(c) If you have just changed your mind about the product, see clause 14.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning the products;

(d) In all other cases (if we are not at fault and there is no right to change our mind), see clause 14.6

14.3 If you terminate the contract for one of the reasons set out in (a) - (e) below, the contract will end immediately and we will refund you in full for any products not supplied and you may also be entitled to compensation. The reasons are:

(a) we have informed you of an upcoming change to the product or these terms that you do not agree with;

(b) we have informed you of an error in the price or description of the product you have ordered and you do not wish to continue;

(d) we have suspended the supply of the products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period greater than 90 days; either

(e) you have the right to withdraw from the contract for something we have done wrong, including late delivery.

14.5 You have the right to change your mind. You can return your device within 5 days of receipt from the carrier for a refund if you don't want to keep it and it hasn't been damaged. If your Viset Mat is faulty, we will replace your purchase for up to 12 months as per clause 10.1.

14.6 You have no right to change your mind regarding products sealed for health protection or hygiene purposes once they have been unsealed after receipt.

14.7 If you terminate the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us in accordance with the Returns Policy.

14.8 We will bear the return costs

(a) if the products are faulty or misdescribed;

(b) if you terminate the contract because we have informed you of an upcoming change in the product or in these conditions, an error in the price or description, a delay in delivery due to events beyond our control or because you have a legal right to do so as a result of something we have done wrong.

14.9 In all other circumstances, you will be responsible for the cost of return.

14.10 If you are responsible for return costs and we collect the product, we will charge you the direct cost of collection.

14.11 We will refund the price you paid for the products, including delivery charges, by the method you used for payment. However, we may make deductions from the price, as described below.

14.12 If you exercise your right to change your mind, we may reduce the price refund (excluding delivery charges) to reflect any reduction in the value of the products, if this has been caused by their handling in a way that would not be permitted in a store. If we refund the price you paid before we were able to inspect the goods and we later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.

14.13 We will refund the money due to you as soon as possible. If you exercise your right to change your mind

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day we receive the product back from you or, if earlier, the day we provide proof that you have returned the product to us;

(b) In all other cases, the refund will be made within 14 days from the date you tell us that you have changed your mind.

14.14 We may terminate the contract for a product at any time by giving you notice in writing, if

(a) you fail to make a payment when it is due and you still fail to make it within 14 days of when we remind you to pay it;

(b) you do not provide us, within a reasonable period of time after we request it, with the information necessary for us to supply you with the products, for example, your delivery address;

(d) you do not allow us, within a reasonable time, access to your facilities to provide the services.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Conditions, to "in writing", this will include email.

15.2 How to contact us if you are a consumer:

(a) To cancel a purchase in accordance with your legal right to do so, you only need to let us know that you have decided to cancel. The easiest way to do it is by sending your request to info@vibroacustica.com.ar. If you use this method, we will send you an email to confirm that we have received your cancellation. If you send us an email or letter, please include the details of your order to help us identify it. If you send us your notice of cancellation by email, your cancellation will be effective from the date you send us the email.

(b) If you wish to contact us for any reason other than termination of this contract, including because you have a complaint, you may contact us by sending an email to info@vibroacustica.com.ar.

(c) If we need to contact you or notify you in writing, we will do so by email or prepaid mail to the address you provided in your order.

15.3 If you are a business, any notice or other communication you give us, or that we give you, under or in connection with the Agreement will be in writing and delivered personally, sent by first class post class prepaid or by other delivery service the next business day or by email. Any notice that you send to us, or that we send to you, will be considered received and duly notified immediately when it is published on our website, 24 hours after the sending of an email, or three days after the date of sending of any letter. To prove service of any notice, it will suffice to prove, in the case of a letter, that such letter was properly addressed, sealed, and placed in the mail, and, in the case of electronic mail, that such mail was sent to the address recipient's specified email address. The provisions of this clause shall not apply to service of any proceedings or other documents in any legal action.

15.4 All correspondence sent by post should be addressed to the registered address set out in clause 1.1.

OTHER IMPORTANT CONDITIONS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.

16.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing. However, if you are a consumer and have purchased a Product as a gift, you may transfer the benefit of our guarantee in clause 10 to the gift recipient without our consent.

16.3 Each of the paragraphs of these Conditions works separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4 If we do not insist that you comply with any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to meet those obligations. If we waive a breach by you, we will only do so in writing, and that will not mean that we automatically waive any subsequent breach by you.

16.5 The parties will attempt in good faith to resolve any dispute, controversy or claim arising out of or relating to this Agreement informally between them. In the event that such dispute cannot be resolved informally within 60 days after one party notifies the other of the existence of a dispute, either party may submit the dispute for resolution to a mutually agreed mediation service. The parties will cooperate with each other in the selection of a mediation service, and will use commercially reasonable efforts to participate in the mediation. All fees and costs associated with mediation will be shared equally between the parties. If the parties are unable to resolve the dispute in accordance with this clause, only then may they submit the dispute to litigation in accordance with clause 16.6 (provided that this is not detrimental to either party).

16.6 This Agreement is governed by Belgian law and each party irrevocably agrees to submit to the exclusive jurisdiction of the Belgian courts for all disputes arising out of or in connection with this Agreement._cc781905-5cde-3194-bb3b- 136bad5cf58d_

Terms of Sale ​

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Terms of Sale