Zuurstoftherapie & Waterstoftherapie & D3-Therapie
TERMS AND CONDITIONS
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Article 1: Applicability/supplier/customer
1. In these terms and conditions:
Supplier: Corpusair, Van Koppenweg5, 2672 EG Naaldwijk.
Customer: anyone who concludes, has concluded or negotiates an agreement with the supplier, if that agreement or negotiations are (among other things) subject to, are aimed at or are related to the sale and/or delivery by the supplier. of goods and/or services.
2. These terms and conditions apply to all sales agreements, offers, quotations, orders, deliveries of goods and services, advice and other actions of the supplier, for whatever reason.
3. If the customer uses general (purchase) terms and conditions, the present terms and conditions of the supplier shall prevail, unless and insofar as the general terms and conditions of the customer have been expressly accepted in writing by the supplier for the relevant agreement. The supplier can never be deemed to have tacitly agreed to the terms and conditions of the customer.
4. All offers, quotations, prices quoted, price lists, stock lists and delivery times, in whatever form, are without obligation and can be changed by the supplier at any time. Unless expressly agreed otherwise in writing, they apply until four weeks after the date of issue. The supplier is only bound after and insofar as the supplier has confirmed an order in writing or the order has been executed. In the case of composite quotations, there is no obligation to deliver a part against a corresponding part of the price quoted for the whole.
5. Unless expressly stated otherwise, all prices are net and exclusive of VAT. Unless expressly agreed otherwise, invoicing will take place at the prices stated on the order confirmation.
Article 2: Delivery/retention of title
1. Unless otherwise agreed in writing, delivery takes place from the supplier's warehouse. Both if the goods are sold carriage paid or if the goods are not sold carriage paid, the risk of the transport is for the account of the buyer, even if the goods are transported by or on the instructions of the supplier. Administration costs may be charged for deliveries below EUR 25.00.
2. The stated or agreed delivery time(s) are only approximate and are not binding on the supplier. Unless otherwise agreed in writing, late delivery, for whatever reason, does not entitle the customer to compensation and/or dissolution of the agreement.
3. If the goods to be delivered are not collected and/or received by the buyer, the supplier is entitled (1) to store the goods at the expense and risk of the buyer, in which case the buyer is obliged to the full purchase price, plus the additional costs, to be paid immediately to the supplier, (2) or to dissolve the agreement with the buyer by means of a written statement and without notice of default, in which case the buyer is obliged to pay compensation for the damage to the supplier .
4. All goods delivered by the supplier remain the property of the supplier until the customer has paid the purchase price, as well as any other claim of the supplier against the customer. However, the buyer is entitled to dispose of the goods in the course of his normal business operations. Incidentally, the customer is not authorized to pledge the delivered goods or to establish any other right thereto.
5. In the cases referred to in Article 4, paragraph 2, the supplier is irrevocably authorized and authorized, without notice of default being required, to remove the goods that have remained the property of the suppliers or have them removed from the place where they are located. The supplier has the right either to retain the goods until the purchase price due, including interest, costs and compensation, has been paid in full, or to sell the goods to third parties, in which case the net proceeds will be deducted from the total amount owed by the customer. .
Article 3: Inspection and return shipment
1. Sight shipments are regarded as normal deliveries, whereby the option is offered to return the goods undamaged and in the original packaging within the stipulated period. Return shipment will not take place until after prior consultation.
2. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
3. The risk of theft and/or damage to the goods during transport is for the account of the customer. In the event of damage to the goods, the supplier reserves the right to charge repair and replacement costs or to refuse the return shipment and to invoice the delivered goods. If consignments on sight are not returned in the original packaging, packaging costs will be charged.
Article 4: Payment/non-fulfilment
1. Payment must be made without any discount or settlement within 14 days of the invoice date. If this payment term is exceeded – without prejudice to the other rights of the supplier – the customer is obliged to pay interest of one and a half percent (1 1/2 %) per month from the due date and without further warning or notice of default, whereby each part of a month is counted as a whole month.
2. If the customer fails in full or in part in the fulfillment of its obligations towards the supplier, as well as in the event of bankruptcy, liquidation of the business operations or suspension of payment of the customer, all rights of action of the supplier will become immediately due and payable, even if ( with regard to subsequent deliveries) the payment term referred to in Article 4 paragraph 1 has not yet expired.
3. If one of the cases referred to in the preceding paragraph occurs, the supplier has the right to suspend the execution of the agreement in whole or in part and/or to unilaterally dissolve the agreement in whole or in part without notice of default and without judicial intervention, without to be obliged to pay compensation and/or immediately reclaim and retrieve the unpaid goods, without prejudice to all rights and claims accruing to the supplier with regard to non-compliance by the customer.
4. If the customer does not pay the amount owed by him (on time), all judicial and extrajudicial costs associated with the collection will be for his account. In any case, the customer owes: 10% of the invoice amount with a minimum of EUR 250.
Article 5: Security deposit
1. The buyer is obliged, at the first request of the supplier, to pay in advance for the goods ordered by him or to provide sufficient security for the full fulfillment of all his obligations with regard to the goods performed or to be performed in whole or in part by the seller. assignments.
2. If the buyer does not comply with a request made by the supplier as referred to in the preceding paragraph, without prejudice to the other rights of the supplier, everything that the buyer owes the supplier for whatever reason shall become immediately due and payable and shall the supplier is entitled to immediately suspend the (further) execution of any order.
Article 6: Liability/complaints
1. The supplier only guarantees the quality of the goods in the condition in which they were at the time they left the supplier's warehouse.
2. The customer is obliged to strictly observe the regulations regarding the manner of storage and handling of the delivered goods.
3. The customer must immediately inspect the delivered goods upon receipt and immediately notify the supplier of any complaints. Complaints about visible defects must be made in writing and at the latest within 24 hours after delivery. Complaints about externally unobservable defects must be submitted in writing within 24 hours after discovery and at the latest within 14 days after delivery of the goods to the supplier.
4. All complaints must be made in writing and with sufficient detail.
5. The supplier's liability lapses if the customer complies with one of the provisions in art. 6 paragraph 2, 3 or 4 does not fulfill the obligations mentioned or not in time.
6. In the event of a faulty delivery by the supplier and the customer has made a proper complaint, the supplier is only obliged to provide replacement good or goods. If and/or insofar as this is not possible, the liability of the supplier for whatever reason is always limited to the net invoice value of the goods and/or services supplied by the supplier.
7. Defects in part of the goods delivered by the supplier do not entitle the buyer to refuse the remaining part of the delivery and/or to suspend any payment obligation.
8. If, after delivery, the nature and/or composition of the goods is changed, damaged in whole or in part and/or overpacked, any right of the customer as referred to in paragraph 6 will lapse.
Article 7: Warranty
1. Warranty is given on the proper functioning of the delivered product during the time and under the conditions that the manufacturer has given.
2. The warranty includes repair or replacement of parts, or of the entire product, at the choice and insight of the supplier.
3. Defects arising from non-observance of operating and maintenance instructions, improper use, assembly or repair by third parties are excluded from the guarantee. Also normal consumables, batteries, accumulators, connection cables, plugs and signal and lighting lamps are not covered by the warranty.
Article 8: Force majeure
1. In the event of force majeure, the supplier has the right, at its discretion, to suspend the execution of the agreement(s) for delivery for a maximum period of three months or to dissolve the agreement in whole or in part without judicial intervention, without being obliged to pay compensation.
2. Force majeure also includes any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement(s) cannot reasonably be required by the buyer, such as: riot, flood, fire or other destruction and damage in factories or warehouses, strikes, both in the company of the supplier and in companies from which it obtains goods, raw materials and/or consumables, scarcity of means of transport, disruptions in the company of the supplier, restrictive government measures of which nature, restrictions or impediments to the production and/or supply of goods, raw materials, auxiliary materials, fuels and/or energy.
Article 9: Indemnification
1. The buyer is obliged to indemnify the seller against all third-party claims for compensation against the supplier in respect of goods delivered by the supplier to the buyer, unless there is intent or deliberate recklessness on the part of the supplier.
Article 10: Return policy and right of withdrawal for collection and postal delivery
The right of withdrawal, the cooling-off period or the right of dissolution. All terms of the same thing, namely; the consumer's right to cancel the purchase within 14 days in case of distance purchase only applies when collecting the oxygen concentrator. If this is not possible for the customer and asks for shipment by post, the customer automatically waives the right of withdrawal.
Applicable law/competent court
Article 11:
1. Dutch law applies to all transactions to which these conditions apply. The competent court in The Hague has exclusive jurisdiction to hear all disputes that may arise as a result of (the execution of) any agreement between the supplier and the customer, as well as all disputes regarding these terms and conditions.