Article 1 - Definitions Article 2 - The Entrepreneur’s identity Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Consumer’s obligations during the reflection period Article 8 - Exercising the Consumer’s right of withdrawal and the costs Article 9 - Entrepreneur’s obligation in case of withdrawal Article 10 - Exclusion of the right of withdrawal Article 11 - The price Article 12 - Compliance and extra warranty Article 13 - Delivery and execution Article 14 - Continuing performance contract: termination, extension, duration Article 15 - Payment Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Additional or varying provisions Article 19 - Amendments to the General Terms and Conditions
Article 1 – Definitions
Additional agreement: an agreement whereby the Consumer acquired for products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
Reflection period: the period during which the Consumer may use his right of withdrawal;
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who provides products, (access to) digital content and/or services to Consumers at a distance.
Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up the conclusion of the contract.
Form for withdrawal: the form for withdrawal included as attachment;
Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Mercuriusweg 12 4382 NC Vlissingen, The Netherlands
Article 3 – Applicability
These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent free of charge if so requested, before the distance contract is concluded.
If, notwithstanding the previous section and prior to conclusion of the distance contract by electronic communication, the text of these General Terms and Conditions, shall be supplied to the Consumer electronically in such fashion that the Consumer can readily store it on a long term data carrier. If this is not reasonably possible the Consumer will be informed as to where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
In the event that a specific product or service condition applies in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
If an offer has a limited duration or is subject to special conditions, this will be stated explicitly in the offer.
The offer includes a complete and accurate description of the products offered, digital content and/or services. The description shall be sufficiently detailed to allow a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true reflection of the products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
The agreement is subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the Consumer has accepted the offer electronically, the Entrepreneur will immediately acknowledge an electronic receipt of acceptance of the offer. Until the moment that the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may rescind the contract.
If the agreement is created electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. When electronic payment is an option, the Entrepreneur will take appropriate safety precautions.
The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to its implementation.
Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long term data carrier:
The address of the establishment of the business where Consumers can lodge complaints;
the conditions and how the Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and after sales service;
the price including all taxes of the product, service, or digital content; in so far as applicable, the costs of delivery; and the method of payment, delivery or performance of the contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the Consumer has a right of withdrawal, the form for withdrawal.
* In case of a continuing performance contract, the stipulation in these points only applies to the first delivery.
Article 6 – Right of Withdrawal
In case of products:
The Consumer may rescind an agreement regarding the purchase of a product over a period of 14 days without giving any reason. The Entrepreneur may ask the Consumer about the reason for revocation, but cannot compel him to state his reason(s).
The reflection period referred to in paragraph 1 shall begin on the day the product is received by the Consumer or a third party other than the carrier pre-designated by the Consumer, or:
if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party appointed by him, has received the final product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process
if the supply of a product consists of several parts, the day on which the Consumer or a third party designated by him, received the last shipment of the final part;
in case of a contract for regular delivery of goods during a certain period, the day on which the Consumer or a third party designated by him, has received the first product.
In case of services and digital content that is not delivered on a physical carrier:
The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not supplied on a physical carrier after notice with reasons of fourteen days with giving reasons during at least 14 days.
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that have not been supplied on a physical carrier when no information has been provided as to the right of withdrawal:
If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the form for withdrawal, the reflection period shall expire twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this article.
If the Entrepreneur has provided the Consumer information referred to in the preceding paragraph within twelve months after the date of the initial reflection period, the reflection period will expire 14 days from the day the Consumer receives that information.
Article 7 - Consumer’s obligations during the reflection period
During this period the Consumer must treat the product and packaging with care. The Consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer of the product may only handle and inspect as would have been allowed to do in a physical store.
The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product beyond that permitted in paragraph 1.
The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the agreement.
Article 8 - Exercising the Consumer’s right of withdrawal and the costs
If the Consumer exercises his right of withdrawal, he shall report this within the reflection period to the Entrepreneur by using the form for withdrawal.
The Consumer shall return the product or deliver it (the authorized representative of) to the Entrepreneur as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This does not apply if the Entrepreneur has offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
The Consumer shall return the product with all delivered accessories and if reasonably possible in the original condition and packaging and in conformity with reasonable and clear instructions provided by the Entrepreneur such as:
Details of the Consumer (name, address, phone number, email address);
the order number of the Consumers purchase;
description of the items that will be returned;
in case of exchange of the product(s) the details of the desired item(s).
With these details the Entrepreneur can handle the returning process.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not informed the Consumer he has to bear these costs or if the Entrepreneur has indicated that he will bear the costs himself, the Consumer need not pay the costs of returning the product.
If the Consumer withdraws after having first explicitly requested that the performance of a service has not been made ready for sale, not been started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to that part of the commitment which has been fulfilled by the Entrepreneur at the time of withdrawal compared to the complete fulfilment of the commitment.
The Consumer shall not bear the costs for the performance of services, that had not been made ready for sale in a limited volume or quantity, provided that:
the Entrepreneus has not provided the Consumer with the statutorily legally required information about the right of withdrawal, the compensation of costs in case of withdrawal or the form for withdrawal, or;
the Consumer has not explicitly requested that the performance of the service be started during the period of reflection.
The Consumer shall not bear the costs for the full or partical delivery of digital content not supplied on a physical carrier where:
prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
he did not acknowledge loss of his right of withdrawal when giving consent;
or the Entrepreneur had failed to confirm the Consumer's statement.
The Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 - Entrepreneur’s obligation in case of withdrawal
If the Entrepreneur makes the notification of withdrawal by electronic means possible he shall immediately send a return receipt.
The Entrepreneur shall reimburse all payments made by the Consumer including any delivery costs that the Consumer may charge for the returned product within 14 days after the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can delay reimbursement until he has received the product or until the Consumer has proved that he has returned the product, whichever occurs first.
The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge to the Consumer.
If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement.
Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal.
Contracts concluded at a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
Service contracts after full performance of the service, but only if:
the performance started with the Consumer's explicit prior consent: and
the Consumer has acknowledged that he will lose his right of withdrawal once the agreement is discharged in full by the Entrepreneur
The delivery of digital content other than on a physical carrier but only if:
the performance was stared with the Consumer's explicit prior consent;
the Consumer has stated that he will lose his right of withdrawal by doing so.
Article 11 - The price
The prices of the products and/or services provided shall not be raised during the validity period given in the offer, being subject to changes in price solely due to changes in VAT rates.
Not withstanding the previous paragraph, the Entrepreneur may offer products or services of which the prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
Price increases within 3 months after concluding the contract are only allowed if the Entrepreneur has agreed and:
they are the result of legal regulations or stipulations, or
the Consumer has the right to terminate the agreement as of the date the increase takes effect.
All prices indicated for the provision of products or services are exclusive of VAT. The price including VAT is automatically calculated at the checkout. Consumers who msut pay the tax rate are those who are residents of the 27 European Union (EU) member states and don't have a company with a valid VAT number. Consumers of countries that are not member of the European Union (EU) can purchase products without paying the VAT tax.
Article 12 – Compliance and extra warranty
The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the day the contract was conclude.
An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur with regard to a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
‘Extra guarantee” is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer to whom he assigns certain rights or claims to the Consumer that go further than is legally required should he fail to comply with his side of the agreement.
Article 13 - Delivery and execution
The Entrepreneur shall exercise the utmost care when booking orders and executing product orders and when assessing requests for the provision of services.
The place of delivery is at the address given by the Consumer to the Entrepreneur. The Entrepreneur does not charge shipping costs to addresses in the European Union; the countries where the Entrepreneur has web shops.
Subject to Article 4 of these terms and conditions, the company will accept orders expeditiously but not later than within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially discharged, the Consumer will receive delivery not later than 30 days after placing the order. The Consumer in this case has the right to terminate the contract without penalty and is entitled to any compensation due.
After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but not later than 30 days after repudiation.
The risk of damage and/or loss of products rest upon the Entrepreneur up to the moment of delivery to the Consumer or his pre-designated representative, unless otherwise explicitly agreed.
The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products or services, with due observance of the termination rules and subject to not more than one month’s notice.
The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products or services at the end of the specific period, with due observance of the termination rules and subject to not more than one month’s notice.
The Consumer may cancel the agreements mentioned in the previous paragraphs:
At any time and not be limited to termination at a particular time or in a given period;
At least in the same way as they were concluded by him;
At all times with the same notice adopted by the Entrepreneur
A contract for a definite period, which extends to the regular delivery of products or services, may not be automatically extended or renewed for a fixed period.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite period if the Consumer is entitled to terminate at any time with notice of up to one month. The notice period is up to three months if the agreement extends to the regular.
Een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten of diensten, mag alleen stilzwijgend voor onbepaalde duur worden verlengd als de consument te allen tijde mag opzeggen met een opzegtermijn van ten hoogste één maand. De opzegtermijn is ten hoogste drie maanden in geval de overeenkomst strekt tot het geregeld, maar minder dan eenmaal per maand, afleveren van dag-, nieuws- en weekbladen en tijdschriften.
A contract with a limited duration of regular delivery of trial days will be terminated automatically and not tacitly continued after the trial or introductory period.
If a contract has a duration of more than one year, the Consumer may subject to notice of up to one month terminate the agreement after one year at any time, unless such action would be unreasonable and unfair.
Article 15 - Payment
Unless otherwise specified in the contract or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
When the Consumer has not complied with his payment obligations in time, and the Entrepreneur has notified him of this late payment allowing him 14 days to comply with his payment obligation, continued failure to comply shall result in the Consumer being due statutory interest on the amount payable and entitle the Entrepreneur to charge the Consumer for any extra judicial collection costs incurred.
Article 16 - Complaints procedure
The Entrepreneur shall provide a written complaints procedure and shall handle complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer has discovered the defects.
Complaints submitted to the Entrepreneur shall require a response within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer processing time, the Entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
Article 17 - Disputes
Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the information or the performance of contracts related to products or services that Entrepreneur has yet to deliver or has already delivered maybe submitted by the Consumer to the Entrepreneur.
A dispute will be entertained when the Consumer has submitted his/her complaint within a reasonable period of time.
The dispute must be submitted in writing to the Entrepreneur within three months of its arising.
Article 18 - Additional or varying provisions
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or restored in such fashion that Consumer can store then in an accessible manner on a long-term data carrier.
Article 19 - Amendments to the General Terms and Conditions
Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.
Attachment: Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
To: Medisol BV
4382 NC Vlissingen
I / We * part / share * hereby give notice that I / our * contract on the sale of the following products: [designation product] * the supply of the following digital content: [indicator digital content] * the provision of the following service: [service description] revoke / revocation
Ordered on * / received on * [Date in order to receive services or products]
[Name of Consumer (s)]
[the Address of Consumer(s)]
[Signature of Consumer(s)] (only if this form is notified on paper)