Terms of service
1. General Information
1.1. The following Terms and Conditions are offered by the company Brill International, S.L. (hereinafter, “Brill”) registered in Carrer Munner, 8, 08022 Barcelona, with Tax Identification Number B-67412056.
1.2. These Terms and Conditions govern the terms applicable to the use and purchase of the Corneal Esthesiometer Brill (hereinafter, the “Product”) offered by Brill through the website: https://esthesiometer-brill.com/ (hereinafter, the “Website”).
1.3. The Terms and Conditions constitute a binding agreement between you (hereinafter, the “Client”) and Brill in our capacity as the manufacturers of the Product and owner of the Website.
1.4. The Client and Brill shall hereinafter be referred to collectively as the “Parties” and individually, as the “Party” where applicable.
2. Acceptance of the Terms and Conditions
2.1. By purchasing the Product, the Client expressly agree to all the terms and conditions outlined herein.
2.2. By accepting these Terms and Conditions, the Client represents and warrants to Brill that the Client has carefully read the Terms and Conditions, that the Client is entering into and accepting the Terms and Conditions in its own behalf and representation, and that the Client has the legal capacity to accept and be bound by each provision included in these Terms and Conditions. We recommend to carefully read the contents of the Terms and Conditions before proceeding with the purchase of the Product.
2.3. The Terms and Conditions will always be available and updated on the Website.
3. Creation of a user account on the Website
3.1. The Client do not need to register to browse the Website or to purchase the Products offered through it. However, the Client has the option to complete the registration process to create its user account on the Website (hereinafter, the "Account").
3.2. All information provided for the creation of the Account will be handled at all times in accordance with these Terms and Conditions and in line with Brill's Privacy Policy[RCD1] .
3.3. The Client’s Account will be personal, and the Client’s access information will be strictly confidential and non-transferable.
3.4. Upon registration, the Client shall create a secure password. The Client should keep the password confidential and not disclose or share it. If the Client know or suspect that someone else has the password, the Client shall notify Brill immediately. If Brill has reason to believe that a security breach or misuse of the Website or Account may have occurred, Brill may ask the Client to change the password or suspend the use and access to the Account.
3.5. The Client shall be solely responsible for any activity or transaction conducted through the Account, as well as for the loss, theft or unauthorized use of the Account or any identifying code or password and the consequences thereof, or for any damages, loss or any other that the Client or any third party may suffer as a result of the use of the Account by a third party and/or by the access or use of the content of the Account, and the Client shall indemnify and hold Brill harmless for any damage that the Website, directly Brill , any of the Website users or any third party may suffer due to the occurrence of any of the aforementioned situations.
3.6. The Client warrant that all information regarding the Client identity and capability provided to Brill in the registration forms on the Website is true, accurate, and complete.
3.7. If the Client provide false, inaccurate, or incomplete information, or if Brill has reasonable grounds to doubt the truthfulness, accuracy, or completeness of such information, Brill may deny the Client current or future access to the Account.
3.8. The Client may voluntarily deactivate the Account on the Website at any time through the Account settings.
3.9. Brill is not responsible for any damages or losses that may occur to the Client as a result of failures or disconnections in telecommunications networks that cause suspension, cancellation, or interruption of the Website service.
4. Requirements for the purchase of the Product
4.1. If the Client do not meet all the requirements outlined in these Terms and Conditions, the Client will not be eligible to purchase the Product.
4.2. The minimum requirements that must be met for the purchase of the Products are outlined below:
4.2.1. The Product is not intended for individuals under the age of 18. If you are under 18 years old, please do not purchase the Product, register on the Website, or provide any personal information about yourself or others.
4.2.2. The sale of the Product is STRICTLY LIMITED TO (I) QUALIFIED HEALTHCARE PROFESSIONALS, OR (II) INSTITUTIONS OR COMPANIES IN THE HEALTHCARE SECTOR. Anyone using the Product must possess the specified qualifications and expertise in the field of ocular health. Therefore, the Product is not intended for public sale. If you are not a qualified healthcare professional or an institution or company in the healthcare sector that requires the Product for professional activities related to ocular health, please do not purchase the Product or register on the Website.
4.3. The purchase of the Product is also not available to users who have been previously excluded, restricted, or prohibited by Brill, nor to individuals who are prohibited from using it in accordance with the Client applicable laws.
5. Use restrictions
5.1. The Product is provided under these Conditions, which should be read in conjunction with the instructions of use of the Product available on the Website (hereinafter, “Instructions for Use”).
5.2. The Client agrees to use the Product diligently, correctly, and lawfully, in accordance with its intended purpose.
5.3. The Client shall not use the Website, the Account, or the Product:
5.3.1. In breach of these Terms and Conditions;
5.3.2. In breach with the provisions of the Product’s Instructions of Use;
5.3.3. In breach or contravention of any applicable rules, laws or regulations (in particular, but not limited to, REGULATION (EU) 2017/745 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC), including displaying, uploading, or submitting content or information that may constitute a criminal offence, give rise to civil liability, or otherwise violate or infringe any applicable laws, regulations, or code of practice, including any violation or infringement of intellectual property rights of any person;
5.3.4. Compromising the safety and health of patients, users, or, where applicable, third parties;
5.3.5. In a manner that may involve any illegal, prohibited, or harmful activities against the rights and interests of third parties, or in any other way that may damage, disable, overload, deteriorate, or impede the normal use of the Product or any document, file, or content related to the Product;
5.4. The Client shall be responsible for the proper maintenance of the Product by duly qualified personnel, ensuring that during the period of use the Client maintains the safety and performance expected by Brill and in accordance with the provisions set forth in the Instructions for Use.
6. Purchase of the Product
6.1. Upon completing the purchase of the Product, Brill will send the order information to the Client at the e-mail address provided in the purchase process.
6.2. The purchase of the Product includes, at no additional cost to the Client, the provision of mandatory specialized training on the use of the Product (hereinafter referred to as the “Training”). The Training will be provided by Brill. The Training will be given by Brill. The purchase of the Product implies Client's acceptance and commitment to participate in the Training prior to using the Product.
6.3. The Training may be carried out telematically or in person, as indicated by Brill to the Client in the Client e-mail address provided in the purchase process.
7. Price and payment method
7.1. The Product has a unit price of ten thousand one hundred euros (10.100.-€), including taxes (hereinafter, the “Price”). To complete the purchase, the Client shall follow all the instructions indicated in the purchasing process.
7.2. Shipping costs are included in the Price.
7.3. The Client shall be responsible for and bear any additional costs, including costs related to the processing of the payment method, as well as any applicable taxes or fees associated with the payment of the Price.
7.4. The Price may vary at any time. In such cases, the Price will be the one in effect on the date the order is placed.
7.5. Payment options for the Product include credit or debit card, Google Pay, ShopPay, or PayPal.
7.6. Payment is made immediately through the Website via our bank's secure payment gateway.
8. Delivery of the Product
8.1. The Product will be delivered to the address specified by the Client at the time of purchase.
8.2. The delivery timeframe will be as indicated during or after the purchase of the Product.
9. Product returns
9.1. Unused Products that are returned in their original packaging may be returned within 14 days from the date of delivery, without the need to provide a reason for the return.
9.2. The Product shall be carefully packed by the Client in a sturdy and secure package, preferably using the same wrapping in which it was received, and properly sealed. The Product should be sent via a courier service to the address specified in Clause 18 of these Terms and Conditions and shall include a delivery confirmation system.
9.3. Brill is not responsible for customs holds, and returns will not be accepted due to the Client's failure to pay the applicable import duties.
9.4. Returns that have not been previously notified to Brill will not be accepted.
9.5. Upon receiving and verifying the correct return of the Product, the invoice amount will be refunded, excluding shipping, packaging, insurance, and any other additional costs.
10. Intellectual property rights
10.1. Brill holds all intellectual and industrial property rights to the Website, as well as all elements contained within it, including but not limited to texts, designs, images, audio, databases, structure, software and/or applications, graphic content of any kind, trademarks, logos, trade names, and distinctive signs, among others. All rights are reserved (hereinafter “Brill’s IP”).
10.2. Any use of Brill's IP or any similar identifying marks that involves modification or could lead to confusion regarding their origin or ownership is expressly prohibited without prior written authorization from Brill, which must be requested through the designated communication channels.
10.3. The Client agrees to refrain from removing, circumventing, or altering the copyright and other identifying information related to the rights of Brill, its collaborators, or their respective owners that are incorporated into the content or any information mechanisms of the Product.
11. Guarantee
11.1. The Product is guaranteed against all manufacturing defects or failures of materials, provided the Product is used in accordance with these Terms and Conditions and the Instructions of Use, for a period of 2 years from the invoice date of the original purchaser. Under this guarantee, Brill's sole obligation is to repair or replace defective parts or products.
11.2. This guarantee applies to Products that have not been undergone manipulation or alteration of any kind, used in accordance with the intended use outlined in these Terms and Conditions, the Training, and the Instructions of Use, installed and operated according to Brill's guidelines, and have not suffered any damage due to accident or negligence, without the serial number having been erased or altered. This guarantee will not apply to Products that have been sold, repaired, or installed beyond the control of Brill, the authorized technical service center, or authorized distributor of Brill.
11.3. All claims based on this guarantee must be made in writing and addressed to Brill, the technical service center, or the authorized distributor of Brill that conducted the original sale, along with a copy of the invoice.
12. Serious incidents
12.1. Any serious incident that has occurred in relation to the Product must be reported to Brill Engines S.L, in the email address detailed in clause 12.3 of these Terms and Conditions, and Brill will report to competent authority of the Member State in which the user and/or patient is established.
12.2. The Client shall provide the incident information together with the Unique Device Identification (UDI) of the Product, in accordance with the applicable law.
12.3. Brill Engines S.L contact information for reporting a serious incident is: info@brillengines.com.
13. Limitation of liability and compensation
13.1. To the fullest extent permitted by applicable law, the Client will indemnify, defend and hold Brill harmless and Brill’s employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate (i) breach of these Terms and Conditions; (ii) breach of the Instructions for Use; or (iii) breach of applicable law, by Client or its employees, representatives, agents, distributors or collaborators of any kind.
13.2. Brill reserves the right to defend itself against any claim, suit or proceeding of any kind, under which Brill may become entitled to any type of compensation in accordance with these Terms and Conditions. The Client shall provide Brill with all such documentation as may be reasonably necessary for the purpose of carrying out the foregoing actions, as well as fully cooperate with Brill.
14. Confidentiality
14.1. For the purposes of this Terms and Conditions, shall be considered confidential information any business, commercial, scientific, technical information, or any other information of any nature, regardless of whether it was disclosed by Brill prior or after to the date of these Terms and Conditions. Confidential Information includes, without limitation, technical data, trade secrets, know-how, ideas, concepts, business plans, new products, services, contracts, projects, documents, financial projections, patents, trademarks, utility models and any other intellectual property rights and/or applications thereof (whether registered or not), inventions, processes, designs, whether or not graphic, engineering or advertising, information about incidents of any kind related to the Product or Brill, in respect of which there is written evidence of their confidential or exclusive nature or which, by their nature and/or the circumstances in surrounding the disclosure should be treated as confidential (hereinafter, “Confidential Information”).
14.2. The Client undertakes not to publish, communicate, disclose, divulge, reveal, or use such Confidential Information or any other information obtained by virtue of the present Terms and Conditions, without obtaining the prior written consent of Brill.
14.3. The Client agrees to:
14.3.1. Not disclose the Confidential Information to third parties;
14.3.2. To take necessary measures to protect the Confidential Information to prevent it from falling into the public domain or into the possession of persons other than those hereby authorized to have such information.
14.4. This confidentiality obligations shall remain in force indefinitely for as long as Confidential Information is secret and confidential and, as long as it does not become public knowledge, provided that this does not occur as a result of a breach of these Terms and Conditions.
15. Data protection
Client privacy is essential to Brill; therefore, Brill complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and with Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights. For information on the processing of personal data carried out, the Client may consult Brill's Privacy Policy[RCD2] .
16. Terms and Conditions modifications
The Client acknowledges, agrees and consents that Brill may modify these Terms and Conditions at any time and at its sole discretion, without prior notice to the Client. The Client shall periodically review the Terms and Conditions on the Website to stay informed of the version applicable at any given time.
17. Miscellaneous
17.1. In the event of any discrepancy between the versions of the Terms and Conditions, Privacy Policy, Cookies Policy, and any other documentation provided by Brill in different languages, the Spanish version shall prevail, if it is legally permissible.
17.2. Unless otherwise stated, these Terms and Conditions do not grant any rights to third parties.
17.3. If any provision of these Terms and Conditions (including the Privacy Policy and Cookies Policy) is determined to be invalid or unenforceable in whole or in part, for any present or future reason, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions hereof. These Terms and Conditions shall be construed in such a way as if such invalid or unenforceable provisions had never been contained herein. For those purposes, the Terms and Conditions shall no longer be valid exclusively with respect to the null or invalid provision, and none of the remaining parts or provision of these Terms and Conditions shall be null, invalid, prejudiced, or affected by such nullity or invalidity.
17.4. Brill shall be free to assign to any natural or legal person any rights or obligations arising from these Terms and Conditions without prior consent of Client.
17.5. The Client may not assign any right or obligation under these Terms and Conditions without the prior written consent of Brill.
17.6. The waiver or non-exercise of any Party's rights under these Terms and Conditions shall not be deemed a waiver or limitation of any other or any future rights. Any waiver must be in writing and expressly accepted by the Party to whom it is imputed.
18.1. To contact Brill, Brill provide with the following contact methods:
E-mail: info@brill-international.com.
Phone number: +34 934 170 911.
Address: Carrer Munner, 8, 08022 Barcelona, Spain.
19. Governing law and jurisdiction
These Terms and Conditions shall be governed by the laws of the EU member state of the Client.
