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Table of contents:



Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 8 - Exercising the right of withdrawal by the consumer and associated costs
Article 7 - Obligations of the consumer during the reflection period
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and implementation
Article 14 - Continuing performance transactions: term, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions


Article 1 - Definitions

In these terms and conditions the following is understood as:

Additional agreement: an agreement in pursuance of which the consumer acquires products in connection with a distance agreement and the said goods are delivered by the entrepreneur or by a third party on the basis of an arrangement by and between the said third party and the entrepreneur; Reflection period: the period within which the consumer can rely on his right of withdrawal; Consumer: the natural person who does not act for purposes that are related to his commercial, business, trade or professional activity; Day: a calendar day; Continuing performance agreement: an agreement that extends to the regular delivery of goods and/or digital content during a specific period; Sustainable data carrier: each and every tool - also including email - that enables the consumer or the entrepreneur to store information that is addressed to the same in a manner that enables future consultation and use during a period that is in line with the purpose for which the information is meant, and that enables unchanged reproduction of the stored information; Form for withdrawal: the European form for withdrawal included in Schedule I of these terms and conditions. Schedule I does not need to be made available if the consumer is not entitled to the right of withdrawal in respect of his order; Right of withdrawal: the possibility of the consumer to decide not to go ahead with the distance agreement within the reflection period; Entrepreneur: the natural or legal person who remotely offers products, (access to) digital content and/or services to consumers; Distance agreement: an agreement that is concluded by and between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services in the course of which, up to and including the conclusion of the agreement, use is exclusively or also made of one or more techniques for distance communication; Technique for distance communication: means that can be used for the conclusion of an agreement without the consumer and the entrepreneur simultaneously having to meet in the same room.

Article 2 - Identity of the entrepreneur



Medterra Europe B.V
Having its registered office in Amsterdam
Having its place of business at the Visserhavenstraat 56 in (1976 DB) IJmuiden
Email address: [email protected]
CoC number: 74062212
VAT identification number: NL859760078B01

Article 3 - Applicability



These general terms and conditions are applicable to each and every offer of the entrepreneur and to each and every distance agreement concluded by and between the entrepreneur and the consumer.

The text of these general terms and conditions is made available to the consumer before the distance agreement is concluded. If this is reasonably not possible then the entrepreneur shall, before the distance agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur and that they shall on request of the consumer forthwith be sent at no cost. If the distance agreement is concluded electronically then, in derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such manner that it can easily be stored on a sustainable data carrier by the consumer. If this is reasonably not possible then it shall, before the distance agreement is concluded, be indicated where note can be taken of the general terms and conditions electronically and that they shall on request of the consumer forthwith be sent electronically or otherwise at no cost. If, apart from these general terms and conditions, specific product terms and conditions are also applicable then the second and third paragraph are equally applicable and the consumer can, in case of conflicting terms and conditions, always rely on the applicable provision that is most favourable to him. There is a Dutch and an English version of these general terms and conditions. In case of a discrepancy between both versions, the Dutch version shall prevail.

Article 4 - The offer



If an offer has a limited validity or is made subject to conditions then this is expressly indicated in the offer. The consequence of filling in the name and address details incorrectly shall be at the risk of the consumer.

The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur relies on images then they provide a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall not have binding effect on the entrepreneur. Each and every offer contains such information that it is clear to the consumer what the rights and obligations that are associated with the acceptance of the offer are.

Article 5 - The agreement



The agreement is, subject to the provisions set forth in paragraph 4 of this article, concluded at the moment of acceptance by the consumer of the offer and compliance with the relevantly imposed conditions.

If the consumer accepted the offer electronically then the entrepreneur forthwith confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of the said acceptance, the consumer can rescind the agreement.

If the agreement is concluded electronically then the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and provides for a secure web environment. If the consumer can pay electronically then the entrepreneur shall observe relevantly appropriate security measures. Within the statutory parameters the entrepreneur can ascertain itself of the fact that the consumer can comply with its payment obligations as also of all the facts and circumstances that are relevant to the responsible conclusion of the distance agreement. If on the basis of the said examination the entrepreneur has good reason not to conclude the agreement then the entrepreneur shall be entitled to refuse an order or request in a substantiated manner or to impose special conditions on the performance. At the latest upon delivery of the product, the service or the digital content to the consumer, the entrepreneur shall point the consumer to the following information either in writing or in such manner that it can be stored by the consumer in an accessible manner on a sustainable data carrier, which information is also partly available on, and is as such accessible to the consumer, on the website of the entrepreneur:

the visiting address of the establishment of the entrepreneur that the consumer can turn to with complaints; the conditions on the basis of which and how the consumer can rely on his right of withdrawal or a clear indication why the right of withdrawal is excluded; the information about warranties and existing after-sales service; the price including any and all taxes of the product, service or digital content; where applicable the costs of delivery; and the payment method, delivery or implementation of the distance agreement; the requirements for termination of the agreement if the agreement has a term of more than one year or has an open term; if the consumer is entitled to a right of withdrawal, the form for withdrawal. In case of a continuing performance transaction the provision set forth in the previous paragraph is only applicable to the first delivery.

Article 6 - Right of withdrawal



The consumer can rescind an agreement with regard to the purchase of a product during a reflection period of at least 14 days, without stating reasons. The entrepreneur can ask the consumer for the reason of the withdrawal, but cannot compel the consumer to specify his reason(s). The reflection period as intended in paragraph 1 starts on the day after the consumer, or a third party, not being the carrier, designated by the consumer in advance, has received the product; or if the consumer ordered multiple products with the same order: the day that the consumer, or a third party designated by him, has received the last product. The entrepreneur can refuse an order of multiple products with a different delivery period, provided that the entrepreneur clearly informed the consumer accordingly prior to the ordering process. if the delivery of a product consists of various shipments or parts: the day that the consumer, or a third party designated by him, has received the last shipment or the last part; in case of agreements for regular delivery of products during a certain period: the day that the consumer, or a third party designated by him, has received the first product.

Article 7 - Exercising the right of withdrawal by the consumer and associated costs



If the consumer relies on his right of withdrawal then he reports this to the entrepreneur within the reflection period by means of the form for withdrawal or in another unambiguous manner. The consumer can only rely on his right of withdrawal provided that the packaging has not been opened. The consumer forthwith, however within 14 days from the day following the notification as intended in paragraph 1, sends the unused product in the original packaging with potentially also delivered accessories without wear and tear or hands the same to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur offered to pick up the product. The consumer did in any case observe the return period if he returns the product before the reflection period has expired. The risk and the onus of proof for the correct and timely exercising of the right of withdrawal are vested in the consumer. The consumer bears the direct costs of the return of the product. If the entrepreneur did not indicate that the consumer must bear the said costs or if the entrepreneur indicates to bear the costs then the consumer shall not need to bear the costs of the return. If the consumer relies on his right of withdrawal then any and all additional agreements are rescinded by operation of law.

Article 8 - Obligations of the consumer during the reflection period



During the reflection period the consumer shall handle the product and the packaging with due care. The consumer shall not be liable for a decrease in value of the product if the entrepreneur did not provide him with the statutorily mandatory information about the right of withdrawal before or upon the conclusion of the agreement , which information is mentioned on the website of the entrepreneur.

Article 9 - Obligations of the entrepreneur in case of withdrawal



If the notification of withdrawal by the consumer takes place electronically then the entrepreneur sends a confirmation of receipt forthwith after receipt of the said notification.

The entrepreneur compensates the consumer for any and all payments, including potential delivery costs charged by the entrepreneur for the returned product, forthwith however within 14 days following the day that the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to pick up the product the entrepreneur can wait with repayment until it has received the product or until the consumer demonstrates that he has returned the product, depending on what occurs earlier.

The entrepreneur uses the same payment method for the repayment as used by the consumer, unless the consumer agrees with a different method. The repayment is free of charge for the consumer.

If the consumer opted for a more expensive delivery method than the cheapest standard delivery then the entrepreneur does not need to repay the additional costs for the more expensive method.

Article 10 - The price



During the validity specified in the offer the prices of the offered products and/or services are not increased, barring price changes resulting from changes in VAT rates.

In derogation from the previous paragraph the entrepreneur can offer products or services of which the prices are subject to fluctuations on the financial market and that are beyond the control of the entrepreneur at variable prices. The said binding force of fluctuations and the fact that potentially specified prices are recommended prices is indicated with the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory schemes or rules. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur stipulated this and: a. they are the result of statutory schemes or provisions; or b. the consumer is authorised to terminate the agreement effective from the day that the price increase takes effect. The prices specified in the offer of products or services are inclusive of VAT.

Article 11 - Compliance with agreement and additional warranty



The entrepreneur warrants that the products and/or services comply with the agreement, the specifications included in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or official rules applicable on the date of the conclusion of the agreement. If stipulated then the entrepreneur also warrants that the product is suitable for use other than normal use.

An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can enforce in pursuance of the agreement vis-à-vis the entrepreneur if the entrepreneur failed to comply with its part of the agreement.

Additional warranty is understood as each and every commitment of the entrepreneur, its supplier, importer or manufacturer in which it gives the consumer certain rights or claims that exceed those it is held to give by law, in case it failed to comply with its part of the agreement.

Article 12 - Delivery and implementation



The entrepreneur shall observe the utmost care when taking receipt and when implementing orders for products and when assessing requests for the provision of services. The address that the consumer communicated to the entrepreneur is qualified as the place of delivery.

In consideration of the provisions set forth in article 4 of these general terms and conditions, the entrepreneur shall implement accepted orders expeditiously, however at the latest within 30 days, unless a different delivery period was stipulated. If the delivery experiences a delay or if an order cannot be implemented or only partly then the consumer receives notification of this at the latest 30 days after he has placed the order. As the occasion arises the consumer is entitled to rescind the agreement without costs and to claim potential compensation.

After rescission in conformity with the previous paragraph the entrepreneur shall forthwith repay the amount that the consumer paid. The risk of damage to and/or loss of products is vested in the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly stipulated otherwise.

Article 13 - Continuing performance transactions: term, termination and renewal



Termination:

The consumer can always terminate an agreement that was concluded for an open term and that extends to the regular delivery of products (including electricity) or services in consideration of the relevantly stipulated notice rules and a notice period of at most one month. The consumer can always terminate an agreement that was concluded for a fixed term and that extends to the regular delivery of products (including electricity) or services effective from the end of the fixed term in consideration of the relevantly stipulated notice rules and a notice period of at most one month. The consumer can always terminate the agreements as intended in the previous paragraphs: and not be limited to termination at a certain time or during a certain period; at least in the same manner as it was concluded by him; with the same notice period as the entrepreneur stipulated for itself.

Renewal:



An agreement that was concluded for a fixed term and that extends to the regular delivery of products (including electricity) or services cannot be renewed automatically or be renewed for a fixed term.

An agreement that was concluded for a fixed term and that extends to the regular delivery of products or services can only be renewed automatically for an open term if the consumer can always terminate in consideration of a notice period of at most one month. Term:

If an agreement has a term of more than one year then the consumer can always terminate the agreement after one year in consideration of a notice period of at most one month, unless the principles of reasonableness and fairness oppose termination before the end of the stipulated term.

Article 14 - Payment



To the extent not stipulated otherwise in the agreement or additional terms and conditions, the amounts payable by the consumer must be paid within 14 days after the start of the reflection period or, failing a reflection period, within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, the said period starts on the day after the consumer has received the confirmation of the agreement. The consumer is held to forthwith report inaccuracies in supplied or specified payment details to the entrepreneur. If the consumer does not comply with his payment obligation(s) in a timely fashion then he is, after he has been pointed to the late payment by the entrepreneur and the entrepreneur has granted the consumer a period of 14 days to yet comply with his payment obligations, after payment fails to materialise in the said 14-day period, liable to pay the statutory interest on the payable amount and the entrepreneur shall be authorised to charge the extra-judicial collection costs incurred by the same. The said collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500.00; 10% on the subsequent € 2,500.00 and 5% on the subsequent € 5,000.00 with a minimum of € 40.00. The entrepreneur may in favour of the consumer deviate from the said amounts and percentages.

Article 15 - Complaints procedure



In case of complaints the consumer must first address the entrepreneur. The entrepreneur disposes of a complaints procedure and handles the complaint in accordance with the said complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 7 days after the consumer has observed the shortcomings.

Complaints submitted to the entrepreneur are answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time then the entrepreneur answers within the period of 14 days with a message of receipt and an indication when the consumer can expect a more extensive answer.

If the complaint cannot be solved by joint consultation then a dispute arises that is susceptible to the dispute settlement rules. A complaint does not suspend the obligations of the consumer, unless the entrepreneur indicates otherwise in writing. If the entrepreneur deems a complaint to be well-founded then the entrepreneur shall, at its discretion, either replace the delivered goods at no cost or reimburse the same.

Article 16 - Disputes



Dutch law is exclusively applicable to agreements by and between the entrepreneur and the consumer to which these general terms and conditions are related.

Article 17 - Additional or deviating provisions



Provisions in addition to or in deviation from these general terms and conditions cannot be to the detriment of the consumer and must be established in writing in such manner that they can be stored by the consumer in an accessible manner on a sustainable data carrier.

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