General Terms and Conditions of Sale (GTCS)

1. Purpose – Enforceability

1.1. These general terms and conditions (hereinafter the “GTCS”) govern all sales of Products and provision of Services concluded between STRUB Aesthetic Technology (hereinafter the “Seller” or the “Service Provider”) and any professional or consumer client (hereinafter the “Client”).

1.2. These GTCS prevail over any general or specific terms and conditions of the Client, unless expressly accepted in writing by the Seller.

1.3. They are accessible at all times on the website: www.strubaesthetic.com. Any order implies the Client’s full and unconditional acceptance.

1.4. The Seller reserves the right to amend these GTCS at any time. Any amendments shall apply only to orders placed after they are published online.

2. Definitions

Consumer Client: a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal or professional activity (Art. I.1 CDE).

Professional Client: any other legal or natural person acting within the scope of their business activity.

Products: goods and accessories sold by the Seller.

Services: associated services (delivery, installation, training, maintenance, etc.).

3. Offer – Quotation – Order

3.1. Offers, quotations and information published on the website or sent to the Client are binding on the Seller only after written confirmation (signature of an order form, accepted quotation, or electronic validation with deposit payment).

3.2. Unless otherwise stated, quotations remain valid for 30 days.

3.3. Upon ordering, a deposit of one third (1/3) of the total amount including VAT is required, with the balance payable upon delivery (or according to the schedule stated on the order form).

An order becomes firm and final only after payment of a one-third (1/3) deposit of the total amount including VAT, unless otherwise agreed in writing.

3.4. The Seller may refuse or suspend any order in the event of incomplete/incorrect information, previous non-payment, risk of fraud, non-compliance with the KYC/AML process, or Product unavailability.

3.5. In the event of cancellation by the Client before shipment/manufacturing and outside any statutory right of withdrawal (see Art. 13), the deposit shall be retained by the Seller as minimum compensation. Where the order concerns made-to-order / customized equipment, or where manufacturing has already begun, a fixed indemnity of 40% of the price may be claimed, without prejudice to additional damages if the loss is greater (with supporting evidence).

4. Cancellation – Termination by the Client

4.1. Any validated order irrevocably binds the Client, subject to mandatory statutory provisions (B2C withdrawal right).

4.2. In the event of cancellation by the Client after acceptance by the Seller, the deposit shall be retained by the Seller as damages.

4.3. If the order requires specific manufacturing or customization and cancellation occurs, compensation equal to 40% of the total price including VAT shall be due by the Client.

4.4. Where no deposit has been paid, cancellation attributable to the Client gives rise to a fixed indemnity equal to 30% of the total amount including VAT of the order.

4.5. If the Client refuses to take delivery of the goods, the Seller may:

  • compel the Client by legal means to take delivery; or
  • claim a fixed indemnity of 15% of the agreed price.

4.6. If the Seller fails to fulfill its essential obligations, it shall be liable for compensation of the same nature.

5. Price – Taxes – Charges

5.1. Prices are stated in euros. Unless otherwise indicated, they are exclusive of VAT. VAT, duties and taxes, as well as delivery/transport/insurance costs, are charged in addition and specified before validation of the order.

5.2. The Seller may change its prices at any time, but undertakes to apply the prices in force on the date the order is registered.

5.3. Any change in taxes (VAT, eco-taxes, customs duties) between the order and delivery shall be passed on to the Client in accordance with the law.

5 bis. Discounts – Rebates – Cash Discount

5 bis.1. Prices may include specific discounts or rebates indicated in the offer or order form.

5 bis.2. No cash discount is granted in the event of early payment, unless expressly agreed by the Seller.

6. Availability – Manufacturing

6.1. Products are offered subject to available stock or manufactured to order.

6.2. In the event of unavailability after the order is placed, the Seller shall inform the Client as soon as possible and offer, at its discretion: reimbursement, an equivalent Product, or postponed delivery.

7. Delivery – Transfer of Risk – Deadlines

7.1. Products are delivered according to the option chosen: direct handover, shipment to the indicated location, or notice of availability for collection.

7.2. Indicative deadlines: unless otherwise stated, delivery takes place within 4 to 6 weeks (unless otherwise agreed) from receipt of the deposit and of all necessary information (technical specifications, coordinates, etc.).
Any express deadline agreed in the quotation/order form (where applicable) shall prevail over this indicative deadline.

7.3. For Consumer Clients, where the parties agree on a deadline different from the statutory 30-day period, the agreed deadline shall apply. In the event of delay not attributable to the Client, the Consumer may formally require the Seller to perform within an additional reasonable period (Art. VI.43 CDE). Failing performance, the Consumer may cancel the sale and obtain reimbursement of sums paid.

7.4. The risk of loss/damage remains with the Seller until the Consumer takes physical possession (Art. VI.44 CDE). For Professional Clients, risk transfers upon handover to the carrier or upon departure from the warehouse.

7.5. Upon receipt, the Client must check the condition of the Products and make precise reservations on the carrier’s document. Any claim relating to damage or missing items must be confirmed to the carrier and the Seller in writing within 5 working days (B2B) and as soon as possible (B2C), with supporting photographs. In the absence of reservations, delivery shall be deemed compliant.

7.6. Professional Clients – Significant delay.
If the indicative period referred to in Article 7.2, or the period expressly agreed in the quotation/order form, is exceeded by more than 60 days, and such delay is not attributable to the Professional Client, the latter may formally require the Seller to make delivery within an additional period.

This additional period shall be set at 50% of the initially planned period (where a period is expressed as a range, the calculation shall be based on the maximum period indicated).

Failing delivery within this additional period, the Professional Client may terminate the sale by written notice and obtain reimbursement of sums paid for undelivered Products.

8. Installation – Commissioning – Training (if applicable)

8.1. Where installation/commissioning is provided for, the Client undertakes to prepare the site (power supply, accessibility, electrical compliance, etc.).

8.2. Training provided is described in the order form and is deemed compliant once completed.

8.3. Completion of installation / commissioning gives rise to an acceptance / installation report, which triggers the balance becoming due (Art. 9.1).

9. Payment – Delay – Penalties

9.1. Payment – Deposit / Balance

a) Deposit: 50% of the total price is due upon ordering.

b) Balance: the balance becomes due upon completion of acceptance and installation / commissioning of the Product, evidenced by the signature of an acceptance / installation report (or any equivalent written document). The balance is payable immediately at that time, unless otherwise agreed in writing.

In the absence of signature of the report in the presence of the installed Product, acceptance shall be deemed granted in the absence of immediate written reservations.

Payments are made by bank transfer to the Argenta account BE08 9733 9881 3413, by bank card, or by any other accepted method.

Cash hand payments are not accepted.

Indicative delivery times start running from receipt of the deposit and of all required information.

9.2. Any invoice complaint must be notified in writing within 8 calendar days of receipt of the invoice (B2B) and as soon as possible (B2C), without prejudice to reservations to be made to the carrier and the complaint deadlines set out in Article 7.5.

9.3. Late payment:

  • Consumers: in accordance with the rules applicable to the amicable recovery of consumer debts, a first reminder is sent free of charge. If payment is not made within 14 calendar days (the period running in accordance with legal rules), late-payment interest may be charged, as well as a fixed indemnity where provided for, within legal limits. No additional amount may be claimed from the consumer beyond such interest and fixed indemnity.
  • Professionals: application of the Law of 2 August 2002 — statutory late-payment interest for commercial transactions + a minimum fixed indemnity of €40 for recovery costs, without prejudice to duly justified additional costs; contractually, a penalty clause of 15% of the outstanding balance may be applied if necessary, with a minimum of €150.

9.4. The Seller may suspend any delivery/service as long as due amounts remain unpaid.

9.5. Termination for non-payment (Professional Clients)
In the event of total or partial non-payment of an overdue amount, and 15 days after a formal notice has remained without effect, the Seller may, by operation of law, at its discretion:

(i) suspend any delivery, installation, commissioning, maintenance and/or service; and/or
(ii) terminate the sale by written notice.

In the event of termination, the Professional Client undertakes to allow the Seller to recover the Product, at the Client’s cost, risk and peril, without prejudice to any damages and interest.

This clause applies without prejudice to the retention of title clause (Art. 10).

10. Retention of Title

10.1. By derogation from Art. 1583 of the Civil Code, title transfer is suspended until full payment of the price and accessories.

10.2. As long as the Products have not been paid for in full, the Client shall refrain from transferring, pledging, transforming or immobilizing them. The Client shall keep, insure and store them in such a way as to allow their identification.

10.3. In the event of non-payment, the Seller may repossess the Products at the Client’s expense, without prejudice to damages and interest.

11. Compliance – Warranties – After-Sales Service

11.1. Consumers:

  • Statutory conformity warranty of 2 years (Art. VI.47 et seq. CDE). For second-hand goods, the duration may be reduced to 12 months.
  • Excluded from warranty: third-party interventions, improper handling, non-compliant use.
  • The Consumer must inform the Seller of a lack of conformity within 2 months of becoming aware of it.
  • Remedies: repair or replacement; if impossible or disproportionate, price reduction or termination.

11.2. Professionals: warranty against hidden defects (Art. 1641 Civil Code) limited to 12 months from delivery; action to be brought promptly after discovery of the defect, with return of the equipment for expert assessment.

11.3. Manufacturer’s warranty: where applicable, it shall apply according to its own terms, duration and exclusions. Wear parts, consumables, damage due to misuse, non-compliant installation, negligence, impact damage, unauthorized interventions, etc. are excluded.

11.4. Any data stored on devices returned for repair must be backed up by the Client; the Seller cannot be held liable for its loss.

12. Liability

12.1. The Seller is bound only by an obligation of means for the Services and is liable only for gross negligence or wilful misconduct.

12.2. The Seller shall not be liable for indirect damages (loss of turnover, clientele, business interruption, etc.).

12.3. Where the Client imposes a process or materials against the Seller’s reasoned advice, the Seller shall be released from all liability related to that choice.

12.4. Force majeure: any external, unforeseeable and irresistible event (e.g. shortages, strikes, pandemics, disasters, administrative decisions, supply chain disruptions, cyberattacks, etc.) suspends the parties’ obligations; if it lasts more than 60 days, either party may terminate without compensation.

13. Right of Withdrawal (distance sales – Consumer Clients)

13.1. For standard, non-customized Products, the Consumer has a 14-day right of withdrawal from the date of receipt (Art. VI.47 et seq. CDE).

13.2. Exceptions: this right is excluded for goods made to the consumer’s specifications or clearly personalized, sealed goods which cannot be returned for hygiene reasons once unsealed, services fully performed before expiry of the period with prior agreement, etc.

13.3. Procedure: clear notice to the Seller (e.g. via the standard withdrawal form), return of unused Products, complete and in original packaging, within 14 days following notification. Return costs are borne by the Consumer unless the Seller is at fault. The Seller shall reimburse within 14 days after recovery of the goods (or proof of shipment), using the same means of payment, less any depreciation resulting from handling beyond what is necessary to establish the nature and proper functioning of the goods.

14. Returns outside the withdrawal right – RMA procedure

14.1. Any return (after-sales service, DOA, replacement) must have a prior RMA number. Failing this, the Seller may refuse the return or charge processing fees.

14.2. Products must be returned complete, unused and in their original packaging.

14.3. Return costs are borne by the Client unless the defect is attributable to the Seller.

15. Intellectual Property

Catalogs, texts, logos, trademarks, images, models, documentation and software remain the exclusive property of the Seller and/or its partners. Any reproduction, communication, adaptation or use without written authorization is prohibited.

16. Personal Data (GDPR)

The Client’s data is processed in accordance with the Seller’s Privacy Policy (link), for the purposes of order management, deliveries, invoicing, fraud prevention, after-sales service and legal obligations. The Client has rights of access, rectification, erasure, restriction, objection and portability (contact: ……….). Supervisory authority: APD (www.autoriteprotectiondonnees.be).

17. Evidence – Communications

Emails, electronic documents, electronically signed order forms, transaction logs, as well as copies (microfilms, scans, photocopies) shall constitute evidence between the parties to the same extent as originals.

18. Assignment – Subcontracting

The Seller may entrust all or part of the performance of the Services to qualified subcontractors, while remaining solely responsible towards the Client.

19. Partial Invalidity – Waiver

The invalidity of one clause shall not affect the validity of the others. Failure to exercise a right shall not constitute a waiver.

20. Applicable Law – Mediation – Competent Jurisdiction

20.1. These GTCS are governed by Belgian law.

20.2. Mediation: in the event of a dispute, the parties undertake to attempt mediation with a mediator accredited by the Federal Mediation Commission (https://www.cfm-fbc.be/fr) before resorting to any other dispute resolution method.

20.3. Failing agreement, exclusive jurisdiction is granted to the courts of Namur (Enterprise Court, Rue du Beffroi 37, 5000 Namur), without prejudice to mandatory rules protecting the Consumer.

21. Specific B2B Clauses (Professional Clients)

Complaints: any complaint relating to Products/Services or invoices must be submitted in writing within 10 calendar days of receipt (Products) or of the invoice; after this period, complaints shall no longer be admissible.

Transfer of risk: from handover to the carrier (agreed Incoterms) or departure from the warehouse.

Warranties: hidden defects only (Art. 1641 Civil Code) — maximum 12 months; no B2C statutory conformity warranty.

Late payment: Law of 2 August 2002 (statutory interest + minimum €40 indemnity + 15% penalty clause where applicable).

22. Entry into Force – Last Update

These GTCS enter into force on 01/10/2026 and cancel / replace all previous versions.

23. Recurring Service Contracts – Duration – Renewal

23.1. Service contracts (maintenance, training, etc.) are concluded for 12 months from signature.

23.2. They are automatically renewed for successive one-year periods, unless terminated by registered letter at least 1 month before the expiry date.

23.3. In the event of serious breach, the contract may be terminated early after a 15-day formal notice.