Terms of sale

1. Scope

These terms govern every offer, quotation and order between SAKURA GROUP SRL (hereafter "SAKURION") and a customer acting for professional purposes: an institute, clinic, aesthetic centre, distributor or any other professional. They do not apply to consumers, to whom SAKURION does not sell.

They prevail over any general purchasing conditions of the customer, unless SAKURION has accepted a derogation in writing. Every order implies unreserved acceptance of these terms.

2. Quotation and order

Every sale is covered by a written quotation, valid for thirty days from its date of issue. Prices, lead times and specifications shown on the site or in commercial documents are indicative and bind SAKURION only once they appear in a quotation.

The order becomes firm on receipt of the signed quotation and the agreed deposit. SAKURION then confirms the order in writing with an estimated delivery date.

3. Prices

Prices are expressed in euros, exclusive of VAT and of any other tax, duty or charge. VAT at the applicable rate and the costs of transport, installation and training are invoiced in addition, unless the quotation states otherwise.

For delivery outside Belgium, any import duties, taxes and formalities are borne by the customer.

4. Payment

Unless specific terms are agreed in the quotation, the purchase of a device is paid by bank transfer: a 30% deposit on order, the balance before dispatch. Training, support services and supplies are paid within thirty days of the invoice date.

Where financing or a lease is arranged with a finance partner, that partner's terms replace these terms for payment of the price.

Any sum unpaid at its due date bears, automatically and without prior notice, late-payment interest at the rate set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed recovery indemnity of 40 euros, without prejudice to any higher actual recovery costs. SAKURION may also suspend any delivery, installation or service in progress until payment is made in full.

5. Delivery and transfer of risk

Delivery times are indicative and run from receipt of the deposit. A delay gives no right to cancel the order or to compensation, except for a delay of more than ninety days attributable to SAKURION.

Delivery is made to the address stated in the quotation. Risk passes to the customer when the device is handed over at its premises. The customer checks the condition of the delivery in the presence of the carrier and notifies any reservation in writing within forty-eight hours; after that period, the delivery is deemed compliant.

6. Installation and training

Where the quotation provides for it, SAKURION or an approved partner commissions the device at the customer's premises. The customer makes available, on the agreed date, a room that meets the requirements communicated (power supply, ventilation, access, floor area).

Initial operator training is delivered by Sakurion Academy according to the programme attached to the quotation. Use of the device is reserved for trained operators; the customer ensures that this condition and the regulations applicable to its activity in its country are respected.

7. Warranty

Every new device is guaranteed for twenty-four months from its installation against any defect in materials or workmanship, parts and labour. On ProWave™, this warranty applies with no limit on the number of pulses over the period.

The warranty does not cover: normal wear, consumables, damage resulting from use contrary to the instructions, lack of maintenance, intervention by an unapproved third party, modification of the device, accident or a non-compliant power supply.

How the warranty is applied and the response times are described in our service commitments. Under the warranty, SAKURION chooses between repair, replacement of the part or the device, or a corresponding credit note.

8. Retention of title

SAKURION retains ownership of the device until the price has been paid in full, principal and ancillary sums included. Until that date, the customer may neither transfer it, pledge it nor move it from the installation site without written agreement, and insures it against all risks for its replacement value.

9. Proper use

SAKURION devices are professional aesthetic equipment intended for trained operators, in compliance with the regulations in force in the country of operation. The customer is solely responsible for the services it offers, for informing its clientele and for the suitability of the device for the use it makes of it. SAKURION makes no promise of results.

10. Liability

SAKURION's liability, on any ground whatsoever, is limited to the amount exclusive of VAT actually paid by the customer for the device or service that gave rise to the damage. SAKURION is not liable for indirect damage, such as loss of turnover, clientele or business. These limitations do not apply in the event of fraud or gross negligence.

11. Intellectual property

The sale of a device transfers no rights in SAKURION's trademarks, embedded software, documentation or training materials, which remain its exclusive property. The customer may mention its use of a SAKURION device in its communications, without altering the trademarks or implying a partnership that does not exist.

12. Personal data

Data processed in the course of the commercial relationship is handled in accordance with our privacy policy, available on the site.

13. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control: supply disruption at the manufacturer, transport blockage, administrative decision, fire, pandemic, strike. Obligations are suspended for the duration of the event; beyond ninety days, either party may cancel the order without compensation, the deposit then being refunded.

14. Applicable law and jurisdiction

These terms and every contract arising from them are governed by Belgian law. Any dispute falls within the exclusive jurisdiction of the courts of the judicial district of Brussels, after an attempt at amicable settlement. In the event of any discrepancy between the French and English versions, the French version prevails.

15. Miscellaneous

The invalidity of one clause does not affect the others. SAKURION's failure to rely on a clause does not amount to a waiver. Any amendment to these terms applies to orders placed after its publication on the site.