General terms & conditions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Reflection period: the period during which the consumer may use his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
Day: calendar day;
Digital content: data produced and delivered in digital form;
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 and 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 organised 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 to the conclusion of the contract;
Article 2 – The Entrepreneur’s identity
3981 CP Bunnik
Telefoonnummer: +31 85 0190292 (you can reach us on working days between 09:00 and 17:00)
E-mailadres: [email protected]
Article 3 – Applicability
1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded by the entrepreneur and the consumer.
2. The text of these general terms and conditions may also be supplied to the consumers electronically.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the consumer to assess the products, or services and/or digital content adequately. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rightsand obligations are attached to accepting the offer.
Article 5 – The contract
1. 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.
2. If the consumer accepted the offer via electronic means, the entrepreneur
shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. 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 the implementation.
Article 6 – Right of withdrawal
1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. From a hygienic and safety point of view CPAP devices that have been used are excluded from the right of withdrawal. All other products must be in new condition.
Article 7 – Consumer’s obligations during the time of reflection
During this period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the consumer exercises his right of withdrawal he shall notify the entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
2. The consumer shall return the product or deliver it to (the authorized representative of) the entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.
3. The consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
5. The consumer shall bear the direct costs of returning the product.
Article 9 – Entrepreneur’s obligations in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs that the consumer may charge for the returned product.
3. If the consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the entrepreneur need not reimburse the additional costs for the more expensive method.
Article 10 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose 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.
3. All prices indicated in the provision of products or services are including VAT.
Article 11 – Performance of an agreement and extra Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
Article 12 – Delivery and execution
1. The entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the consumer to the entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge.
4. After repudiation in conformity with the preceding paragraph, the entrepreneur shall return the payment made by the consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the consumer, unless explicitly agreed otherwise.
Article 13 – Payment
1. The consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
2. The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
3. In case the consumer has not complied with his payment obligation(s) in time, and the entrepreneur has pointed out to him that the payment was late and allowed the consumer a period of 14 days to comply with the payment obligations, the consumer is to pay the statutory interest on the amount
payable and the entrepreneur is entitled to charge the consumer with any extrajudicial collection costs.
Article 14 – Complaints procedure
1. The entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer discovered the defects
3. The complaints submitted to the entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.