Terms & Conditions of Sale – VivaRespire

Version: v1.0

Date: 05/01/2026

Website: vivarespire.com

ARTICLE 1 – Definitions

For the purposes of these Terms & Conditions:

  • Seller / Company: ADLX Medical SRL, trading under the commercial name VivaRespire.
  • Website: the online store accessible at vivarespire.com.
  • Customer: any person placing an order on the Website.
  • Consumer (B2C): a natural person acting for purposes outside their trade, business, craft or profession.
  • Professional (B2B): any person (natural or legal) acting for purposes relating to their professional activity (e.g., physician, practice, hospital), in particular when ordering for an entity and/or providing a company/VAT number.
  • Products: devices and accessories (CPAP/PPC, masks, parts, consumables, maintenance, etc.) offered for sale.
  • Order: a purchase validated on the Website implying an obligation to pay.
  • Sealed / hygiene Products: products delivered with a hygiene seal/packaging (e.g., masks, cushions, tubes, filters, humidification items, accessories in contact with the airways, single-use items, etc.).

ARTICLE 2 – Company identification

ADLX Medical SRL – Commercial name: VivaRespire
Address: Rue du Ham 417, 7712 Mouscron, Belgium
Company number (BCE/KBO): 1032.589.150
VAT: BE 1032.589.150
Email (general/legal): contact@vivarespire.com

Customer support:
Email: support@vivarespire.com
Phone / WhatsApp: +32 456 22 83 35
Live chat: available on the Website (if enabled)

Return address: Rue du Ham 417, 7712 Mouscron, Belgium (unless otherwise communicated to the Customer)

ARTICLE 3 – Scope

  • These Terms apply to any order placed on the Website.
  • They are available at any time on the Website and must be accepted before placing an order.
  • If specific conditions apply (e.g., B2B quote/contract), those conditions shall prevail over these Terms.

ARTICLE 4 – Products, medical devices, information & precautions

  • Product pages are prepared with the greatest care. Visuals are illustrative.
  • Products sold do not replace medical advice. The Customer remains responsible for selecting the right product and for following instructions for use, precautions and maintenance.
  • The Customer is responsible for use in accordance with a medical prescription where applicable.

4.1 – Prescription / medical order (CPAP/PPC)

  • Certain devices and/or configurations (e.g., CPAP/PPC/Auto-CPAP) may require a medical prescription and/or setup information.
  • Where the Website indicates that a prescription is required, the Customer undertakes to provide the requested documents/information within the timeframe indicated during the order process. Failing this, the order may be put on hold or cancelled with a refund in accordance with Article 12.
  • VivaRespire does not provide medical diagnoses. The Customer is invited to ensure appropriate medical follow-up.

ARTICLE 5 – Customer account & B2C/B2B classification

  • The Customer guarantees the accuracy of the information provided (name, address, email, phone).
  • If ordering in a professional capacity, the Customer undertakes to declare themselves as “Professional” if this option is enabled and to provide the necessary details (company name, company/VAT number, etc.).
  • Failing this, the Customer may be presumed to be acting as a Consumer.

ARTICLE 6 – Offers & availability

  • Offers are valid as long as they are displayed on the Website, subject to stock availability.
  • If a Product becomes unavailable after an order is placed, VivaRespire will inform the Customer and propose: a replacement/equivalent, a new delivery timeframe, or cancellation with a refund.

ARTICLE 7 – Prices, VAT & fees

  • Prices are displayed in euros.
  • Shipping costs are shown before final order confirmation.
  • For deliveries in Europe, VAT and/or tax treatment may vary depending on the delivery country and B2C/B2B status. The order summary is binding.

ARTICLE 8 – Orders

  • The Customer validates the order after checking the cart, address, shipping and payment.
  • The order becomes final after payment is accepted and an order confirmation email is sent.
  • VivaRespire may refuse/cancel an order in case of suspected fraud, inconsistent information or logistical impossibility, with a refund if payment has already been received.

ARTICLE 9 – Payment

Payments are processed using the methods offered at checkout (e.g., Bancontact, Visa/Mastercard, PayPal, etc.). The exact modalities depend on the payment provider configured on the Website.

ARTICLE 10 – Delivery (Europe) – DPD

  • Deliveries are handled via DPD to the address provided at checkout.
  • Delivery area: Europe, subject to the countries available at checkout and the carrier’s constraints.
  • Indicative delivery times: 2 to 5 business days (may vary depending on destination and peak periods).
  • The Customer must check the parcel upon delivery. In case of visible damage, missing items or an error: take photos (parcel + label + contents) and contact support promptly.

10.1 – Undelivered parcel / wrong address / uncollected parcel

  • If the address provided is incorrect/incomplete, or if the Customer does not collect the parcel within the carrier’s timeframe (pickup point), reshipping fees may be charged to the Customer.
  • If the parcel is returned to VivaRespire due to non-collection/refusal, VivaRespire may refund the order minus the actually incurred costs (outbound/return shipping, packaging, payment processing fees) to prevent abuse.

ARTICLE 11 – Retention of title

Products remain the property of VivaRespire until payment is received in full.

ARTICLE 12 – Right of withdrawal (B2C only)

  • The Consumer has 14 calendar days from receipt of the Product to notify withdrawal.
  • To withdraw: email support@vivarespire.com with your order number, or use the form in the Annex.
  • The Customer returns the Products no later than 14 calendar days after notification.
  • Return shipping costs are borne by the Customer (except in case of VivaRespire error / proven non-conformity).
  • Refunds are issued after receipt and inspection of the returned items, using the original payment method (unless otherwise agreed).

ARTICLE 13 – Exclusions to the right of withdrawal (hygiene/seals) & “opened packaging”

  • For health protection and hygiene reasons, the right of withdrawal does not apply to sealed goods once the seal has been broken after delivery (e.g., masks, cushions, tubes, filters, humidification items, accessories in contact with the airways, single-use items, etc.).
  • If a Product is delivered with a hygiene seal, breaking/opening this seal makes the Product non-returnable.
  • Any Product returned without an intact seal, or showing signs of use/soiling/odour, may be refused and returned to the Customer.
  • If you are unsure before opening (size/compatibility), please contact VivaRespire via WhatsApp/live chat for guidance.

ARTICLE 14 – Professional Customers (B2B)

  • The consumer right of withdrawal does not apply to purchases made for professional purposes.
  • Professionals are invited to verify compatibility/use and may request assistance before purchase.
  • B2B claims: notify support within a reasonable timeframe after delivery, with supporting evidence.

ARTICLE 15 – Claims / Customer service

Any claim must be sent to support@vivarespire.com with the order number, a clear description, and supporting evidence (photos/videos if relevant).

ARTICLE 16 – Warranty

Products benefit from applicable legal warranties and, where relevant, the manufacturer’s warranty. Exclusions include: misuse, normal wear and tear, shock/drop, oxidation, water damage, failure to follow maintenance instructions, unauthorised modification/repair.

ARTICLE 17 – Liability

VivaRespire cannot be held liable for non-compliant use, incorrect settings not aligned with a prescription, or failure to follow instructions. Liability is limited to direct damages within the limits permitted by law.

ARTICLE 18 – Force majeure

VivaRespire cannot be held liable for delays or non-performance due to force majeure (carrier strikes, fire, disaster, shortages, administrative decisions, etc.).

ARTICLE 19 – Personal data

Personal data is processed in accordance with the Website’s privacy policy and the GDPR. The Customer may exercise their rights via contact@vivarespire.com.

ARTICLE 20 – Applicable law & disputes

These Terms are governed by Belgian law. In the event of a dispute, the parties will seek an amicable solution first. The Consumer may use the Consumer Mediation Service (Belgium).

ANNEX I – Withdrawal form (B2C)

To: VivaRespire – Rue du Ham 417, 7712 Mouscron, Belgium

Email: support@vivarespire.com

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

  • Order number:
  • Ordered on / received on:
  • Name:
  • Address:
  • Email / phone:
  • Product(s) (references, quantities):

Date: ........................................

Signature (if sent by post): ........................................

Hygiene note: sealed products whose seal has been broken after delivery cannot be returned (e.g., masks, tubes, filters, accessories in contact with the airways).

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