Definitions. For the purposes of the present Terms and Conditions, the following words have the following meaning:
"Application" means the application developed by Sunrise installed on the smartphone of the user and which allows (i) the encoding of the user's personal data, (ii) the placement of the sensor on the chin of the user, (iii) the sensor control, (iv) the acquisition of data produced by the sensor, (v) temporary storage of such data, (vi) data encryption and (vii) transfer of such data encrypted to Sunrise’s server; the application makes it possible to establish a connection between the sensor and the smartphone; it also makes it possible to establish a wireless connection between the smartphone and the server to store the data.
"Sensor" means the sensor of the device developed by Sunrise, consisting of an outer casing including an electronic card and placed on the user's chin, which allows the recording of the mandibular movements.
"Customer" means the natural or legal person who purchases the device from Sunrise, or any prospect, importer, distributor or any party entering into an agreement with Sunrise.
"Terms and Conditions" means the present general terms and conditions of sale relating to the Sunrise device.
"Device" means the device which includes the sensor, its accessories, the packaging, the Application and the internet platform for sleep disorder diagnosis aid.
"Sunrise" means Sunrise SA, having its registered office at 5101 Erpent, Chaussée de Marche 598/02 Belgium, VAT (BE)0632 607 373 RLE Liège, Namur division (www.hellosunrise.com, email@example.com).
"Internet Platform" means the internet platform on which health care professionals will be able to consult, with a personalized and unique access (via an identifier and a password), the data relating to the tests carried out by the user using the Sensor and the Application installed on his or her smartphone and after analysis by the software developed for this purpose.
"User" means the person who uses the Sunrise Device.
Scope. The present Terms and Conditions govern all contractual relations between Sunrise and the Customer. Conclusion of any contract between the parties shall automatically mean acceptance of these general terms and conditions. Only the special conditions specified in the contract or agreed in writing between the parties may depart from them.
Sunrise reserves the right to refuse any order from a Customer who refuses or does not comply with the Terms and Conditions, without the Customer being entitled to claim any compensation. The Terms and Conditions are available at the following address: https://uk.hellosunrise.com/pages/terms-and-condition. Specific Customer purchase conditions are applicable only if Sunrise has accepted them expressly in writing and as far as they are not contradictory with the present Terms and Conditions. The Customer also acknowledges that the User's use of the Device will be subject to a specific consent form and that the use of the Internet Platform by healthcare professionals will be subject to special conditions of use as well.
Unless otherwise proven, the data recorded by Sunrise constitute proof of all transactions made between the Customer and Sunrise.
Description of the Device provided by Sunrise. Sunrise will describe the essential features of the Device with utmost accuracy, to display its price, the methods of payment and to provide its best efforts to ensure the updating of the website and the information it contains. The Device consists of a Sensor placed on the chin, an Application installed on the User smartphone and an Internet Platform accessible to healthcare professionals. Additional information about the Device is provided to the Customer by Sunrise. The Device does not provide medical advice and it is necessary to contact your doctor to interpret the results.
Order process and contract formation. All offers are made without engagement. Offers are valid for a maximum period of 30 days from the date of the offer, unless otherwise explicitly agreed. Any specification or data contained in Sunrise's product information, material, price lists or any other documents are given for information only. Product specification and prices can be modified at any time without prior notice.
All orders made in writing or orally shall be confirmed by Sunrise in writing (letter, fax or email). No order will be registered without complete references of the Customer (name, address, phone number, delivery address).
The Customer shall perform the test in accordance with the user manual accompanying the Device. When ordering on the website www.hellosunrise.com, the Customer is invited to read the Terms and Conditions, to accept them without reservation and to explicitly acknowledge his agreement to pay. The sale is considered as concluded when the Customer proceeds to the final validation and the full payment. Any order paid constitutes acceptance of these Terms and Conditions, prices and descriptions of the Device.
Warranty. Except in case any imperative law concerning consumers rights imposes a longer warranty period, Sunrise shall warrant, for a period of twelve (12) months from the date the product(s) are at the Customer disposal, that the Product(s) are free from hidden defects due entirely and exclusively to a fault of Sunrise, provided however that such defects are not due to external cause, wear and tear, alteration, abuse, negligence, misuse, non-reasonable use, transport, loading/downloading in abnormal conditions of temperature or humidity, dirt, or in an otherwise improper manner, either intentional or otherwise, caused by the Customer or by a third party.
In case of reclamation from the Customer, the fulfillment of Sunrise obligation of warranty shall be limited, at Sunrise’s option, to replacing the defective part(s) or product(s) or to crediting the Customer for these defective product(s) within a reasonable delay. Sunrise may suspend its obligation of warranty as long as the Customer does not execute entirely its own obligations. Such suspension does not extend the initial warranty period.
- Orders. Order cancellation is accepted before shipment and up to 14 days after receipt of the Device, provided that the Device has not been used and only on request of the Customer at the following address: firstname.lastname@example.org. Any commitment made by Sunrise representatives and any order that is transmitted to Sunrise via e-mail, order form or any other mean are only valid if confirmed in written by Sunrise.
Delivery. The delivery times are only indicative. Sunrise reserves the right to deliver an order in parts. Sunrise shall not be held responsible for any damage in the event of late or incomplete delivery. The Customer is solely responsible for the accuracy of the information he or she communicates when ordering (last-name, first-name, contact details, delivery address, etc.) and consequences arising from it (delay, impossibility or error in delivery, etc.). The Device is shipped to the delivery address specified at the time of ordering. If it turns out to be incorrect, the return shipping costs to the new address will be the sole responsibility of the Customer. Delivery is deemed successful when the carrier makes the order available to the Customer, as established by the information system used by the carrier. We recommend to check your order at the time of its reception and in case the Device delivered would be non-compliant (product error, defective, damaged or incomplete product), to indicate reservations in writing at the time of the delivery from the carrier. Any shipping damage must be expressly reported to the carrier upon delivery. To be valid, any reclamation shall be communicated to Sunrise within 5 days of the delivery date and, in any case, before using the Device. Otherwise, the Device delivered will be supposed to have been correctly delivered, in good condition. In the event of a justified claim, Sunrise's liability will be limited to the replacement of damaged or incomplete Device.
Price, payment and billing. The price of the device is indicated in euro all taxes included (VAT), except for possible customs duties and import taxes. The invoices are payable cash at Sunrise’s head office, unless otherwise stipulated in written. The financial and bank transfer fees (invoices payment) shall not be deducted from the invoice or any amount due to Sunrise. Any reclamation about any invoice shall be communicated to Sunrise within five days after the issuance of the contested invoice, or they will be considered as accepted.
Any payment that would not appear on Sunrise bank account after the due date, without valid reclamation about the invoice, shall be considered, automatically and without notice, as an overdue payment. Invoices unpaid by the due date will bear, interest at the rate applicable in accordance with the law of 2 August 2002 on the fight against late payment in commercial transactions. The Customer will also be liable for a fixed compensation of 10% of the order value, with a minimum of 125 EUR.
In case of non-compliance with the payment terms appearing on the invoice, Sunrise may unilaterally make changes in payment terms for any or all pending and future invoices. Sunrise may also suspend all coming shipments until full payment of all pending invoices has been made.
Sunrise Device is billed based on the pricing that is effective at the time of the order recording. Invoices are payable in euros (EUR). The Device remains the property of Sunrise until full payment of the price.
When the Customer places an order for the Device on the website www.hellosunrise.com, in case of payment by bank card, the Customer authorizes Sunrise to debit the Customer's payment card with the amount of the order to pay for the purchase (including delivery charges and taxes, if applicable).
Obligations of the Customer. The Customer and, if applicable (if he or she is not the Customer), the User agree to comply with the Device conditions of use, in accordance with the user manual provided. The Device will be used in good faith and only according to its purpose. The Customer acknowledges that the Device (including all its attributes) is delivered in perfect working conditions and meets the needs of users. The Customer and the User shall not make any modification or adaptation to the Device. The Customer will inform Sunrise immediately of any adverse event that may have occurred while using the Device.
Intellectual property rights. The Customer and, if applicable (if he or she is not the Customer), the User acknowledge that Sunrise is and remains the owner of all intellectual property rights relating to the Device (including but not limited to patents, computer program rights, copyrights, trademarks, designs and other intellectual property rights, whether registered or unregistered, worldwide), including the Internet Platform (and its contents), the user manual, Application, Sensor and results analysis software on the Internet Platform. The User is only recognized a limited right to use the Sensor and a license to use the Application and the Internet Platform in order to carry out the sleep test. These rights are not transferable, and their duration is limited to the availability period agreed upon by Sunrise. The Customer and the User shall not in any case copy, modify, disassemble, decompile, or reverse engineer the Sensor or Application. The Customer and the User shall not give, sell, rent or license in any way whatsoever the Application or the Sensor, except with the express written consent of Sunrise. The Customer and the User shall not manipulate or deactivate the security features and parameters in the Application.
Confidentiality. The Customer and, if applicable (if he or she is not the Customer), the User shall keep strictly confidential and not disclose to any third party(ies) nor use any business or manufacturing information, technique, process, experimental work, trade secret or other confidential matter that was disclosed or shown by Sunrise or found in the Device, except to the extent required to ensure the appropriate performance of the contract. This obligation shall survive cancellation, termination or nullity of the contract and shall continue to apply for a period of fifteen (15) years after that.
Limitation of liability. If any liability is implied for whatever reason, Sunrise’s liability shall be strictly limited to direct and foreseeable damages suffered by the Customer and, if applicable (if he or she is not the Customer), the User that are the exclusive and direct consequences of a gross and wilful misconduct of Sunrise, excluding any loss of earnings, of profit, of savings or of clientele, increase of costs and expenses or any indirect damage and loss. Any compensation due by Sunrise shall not exceed 30% of the value of the contract. Nevertheless, this provision does not limit mandatory Sunrise product liability imposed by the applicable law.
Sunrise shall not guarantee the proper functioning of the Application. This depends in fact, among other things, on the telecommunications network Sunrise has no control over. Sunrise assumes no responsibility for any interruption or suspension of the Application. Sunrise is committed to regularly update the Application. It is possible, however, that the application has a fault. Sunrise reserves the right to make changes, corrections and / or improvements to the Application, at any time and without notice. The Application and the Sensor are made available to the Customer and / or the User "as is". The use of the Device is at the risk of Customer and/or the User. Sunrise shall not guarantee that (i) the Device may be used anywhere and anytime, (ii) the Device will not be interrupted or be perfectly secure, (iii) the Application is free from defects or viruses. Sunrise shall not be liable for any data loss or corruption.
The Device is controlled and managed from Belgium.
Processing of personal data. Sunrise shall comply with the applicable legislation regarding the processing of personal data. Sunrise shall only process the Customer and User’s personal data for the fulfilment of the order as well as the sale agreement, and only the persons who require such data will have access to it. The Customer or the User (if he or she is not the Customer) can access his or her personal data at all time in order to ask for correction if it is incorrect and to request their limitation or deletion, provided that the conditions of the applicable legislation are met. The Customer or the User also has the right to receive his or her personal data in a structured format, commonly used and machine readable. These rights can be exercised by contacting email@example.com. If he or she deems it appropriate, the Customer or the User may also lodge a complaint with the competent supervisory authority (in Belgium: the Data Protection Authority). The Customer or the User's personal data will only be saved for a duration of 15 years except on request of the Customer.
Transferability. The rights and obligations arising from the present Terms and Conditions may not be assigned by the Customer or the User, in whole or in part, to a third party without Sunrise’s prior written consent. The Customer and the User acknowledge that Sunrise has the right to assign its rights and obligations hereunder to a subsidiary or to any related company (including but not limited to a parent company).
Changes to the Terms and conditions. The present Terms and Conditions may be updated, supplemented and / or modified from time to time by Sunrise. The completed, modified or updated version will take effect upon written notice from Sunrise at the Customer's registered office or through the usual channel of communication between the parties (e.g. via email). The Customer and the User acknowledge that any order after such written notification will carry approval of the Terms and Conditions as updated, completed or modified.
The order is subject to the version of the Terms and Conditions applicable at the time of the order. We recommend that you review these Terms and Conditions regularly and save them on a durable support.
Renunciation. Sunrise's failure to enforce any provision of the present Terms and Conditions shall not affect the right to request such performance at a later date. The waiver to invoke the breach of one provision in the present Terms and Conditions shall not constitute a waiver to invoke the violation of that same provision later.
- Severability. If a provision of these Terms and Conditions is to be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, enforceable and economically equivalent to the said provision for both parties. The legality, validity and enforceability of the remaining provisions shall not be affected thereby.
Applicable law and dispute resolution. The present Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of Belgium.
Any disputes relating to the contract and these general terms and conditions shall be settled in accordance with the Rules of Conciliation and Arbitration of the CEPANI, by one arbitrator designated in conformity with those rules (www.cepani.be). The arbitration proceedings will be held in Brussels and conducted in French in case the purchaser is French-speaking or otherwise in English.
Nevertheless, in case the purchaser is a non-professional consumer, the proceedings may be adapted in accordance with the applicable imperative laws protecting the consumer rights.