Terms of service
Terms and Conditions of:
Beneden Zandpad 9A
3241 GA Middelharnis
Chamber of Commerce registration number for Rotterdam:
Article 1: Applicability, definitions
- These terms and conditions apply to all offers and to all purchase and sale agreements, which are concluded via the website(s) of zorgkleding.nl, established at Middelharnis, hereinafter referred to as "the user".
- The buyer will hereinafter be referred to as "the other party".
- A number of provisions in these general terms and conditions only relate to the situation in which the other party is a natural person who does not act in the exercise of a profession or business. In these provisions, the other party is referred to as "the consumer".
- In these general terms and conditions, "in writing" is also understood to mean: by letter, by e-mail, by fax or by any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society. .
- In these general terms and conditions, "the website" is understood to mean: the website(s) of the user referred to in paragraph 1 of this article.
- The possible inapplicability of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.
- These general terms and conditions also apply to repeat orders or partial orders arising from the agreement.
- If the user has already submitted these general terms and conditions to the other party several times, there is a permanent trade relationship. In that case, the user does not have to hand over the general terms and conditions again and again in order for them to apply to subsequent agreements.
Article 2: Conclusion of agreements
- If the other party places an order or order via the website, the user is only bound by this order or order after he has confirmed it in writing to the other party. This applies, unless stated otherwise on the website.
- Additions to or changes to the general terms and conditions or the agreement are only binding on the user after they have been confirmed in writing to the other party.
Article 3: Offers, prices
- All offers of the user mentioned on the website are without obligation, unless they contain a term for acceptance. If an offer contains a non-binding offer and this offer is accepted by the other party, the user has the right to revoke the offer within 2 working days after receipt of the acceptance.
- The prices stated in the offers, price lists, on the website, etc. are exclusive of VAT and any costs, such as transport and shipping costs and administration costs. For each article, a clear statement is made of the applicable VAT amount as well as any costs.
- A composite quotation does not oblige the user to deliver part of the goods included in the offer against a corresponding part of the price.
- Offers and prices do not automatically apply to repeat orders.
- Models, specifications of colours, dimensions, weights and other descriptions shown on the website are as accurate as possible, but are only indicative. The other party cannot derive any rights from this.
- a. If (cost) price-increasing circumstances occur for the user between the date of conclusion of the agreement and its implementation as a result of laws and regulations, currency fluctuations, price changes at third parties or suppliers engaged by the user or changes in the prices of the required materials, raw materials, etc., the user is entitled to increase the agreed price accordingly and to charge it to the other party.
- In the event of price increases within 3 months after the conclusion of the agreement, the consumer is authorized to dissolve the agreement by means of a written statement. If the consumer has not informed the user within 14 days of notification of the price change that he wishes to make use of his right of termination, the user may assume that the consumer has agreed to the price change.
Article 4: Distance purchase, trial period
- The provisions of this article only apply to the consumer in the event of a distance purchase within the meaning of article 46a, book 7 of the Dutch Civil Code.
- In the case of a distance purchase, a trial period of 14 working days applies. You have the right to withdraw from the contract within 14 days without stating reasons. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the good. The consumer is not obliged to give a reason for this dissolution.
- Dissolution of the agreement is only possible by written notification to the user.
- In the event of dissolution of the agreement, the item must be returned to the user as much as possible in the original packaging and at the expense and risk of the consumer.
- In the event of dissolution of the agreement, the payments already made by the consumer (excluding shipping costs incurred by the consumer) will be refunded to the consumer by the user within 14 days after dissolution.
- The user has the right to refuse returned goods or to refund only a part of any payments already received, if the item is not in the original packaging and/or the item is damaged.
- Excluded from the right of withdrawal is a consumer purchase that concerns the delivery of:
- products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- products that spoil quickly or that have a limited shelf life;
- products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- products that have been irrevocably mixed with other items after delivery by their nature;
- After receipt of the returned items, the user will immediately inform the consumer of any refusal of these items or the only partial refund of payments already received.
Article 5: Engaging third parties
If required for proper execution of the agreement, the user has the right to have certain deliveries carried out by third parties. This is at the user's discretion.
Article 6: Confidential Information
- The user undertakes to maintain secrecy with regard to all information that he has obtained from or about the other party in the context of concluding and executing the agreement and of which he knows or can reasonably know that this information must be treated confidentially. The user will only provide this information to third parties insofar as this is necessary for the execution of the agreement.
- The user will take all reasonable precautions to keep the confidential information secret and guarantees that his employees or other persons who are involved in the execution of the agreement under his responsibility will also comply with this confidentiality obligation.
- The duty of confidentiality does not apply if the user is obliged to disclose the confidential information as a result of legislation and/or regulations or a court decision and cannot invoke a legal right of nondisclosure or a right of nondisclosure permitted by a court. This exception also applies to employees or other persons as referred to in paragraph 2 of this article.
Article 7: Delivery, delivery terms
- Agreed delivery times can never be regarded as strict deadlines. If the user does not fulfill his delivery obligations under the agreement or does not fulfill them in time, he must be given written notice of default by the other party, whereby he is still allowed a reasonable period of time to still fulfill his delivery obligations.
- In the case of agreements with consumers, the ordered goods are delivered no later than 30 days after the order. If delivery within this period is impossible, the user will inform the consumer of this as soon as possible. The consumer then has the option to reclaim any advance payments from the user within 1 week after this notification. If the consumer makes use of this option, the user will refund the amount already paid by the consumer within 30 days after the consumer has requested this.
- The user is entitled to partial delivery, whereby each partial delivery can be invoiced separately by the user.
- The risk regarding the delivered goods is transferred to the other party at the time of delivery. In these general terms and conditions, the moment of delivery is understood to mean: the moment at which the goods to be delivered leave the premises, warehouse or shop of the user or the moment at which the user has informed the other party that these goods can be collected by him. .
- In derogation from paragraph 4 of this article, the moment of delivery for consumers is understood to mean: the moment at which the goods are actually available to the consumer.
- Shipment or transport of the ordered goods takes place in a manner to be determined by the user, but at the expense and risk of the other party. The user is not liable for any damage of whatever nature - whether or not to the goods themselves - that is related to the shipment or transport.
- Notwithstanding paragraph 6 of this article, it applies to consumers that shipment or transport of the ordered goods takes place at the risk of the user, but at the expense of the consumer. The costs involved are stated on the website.
- If, due to a cause within the risk sphere of the other party, it appears impossible to deliver the ordered goods (in the agreed manner) to the other party, the user is entitled to store the goods at the expense and risk of the other party. Unless the user has expressly set a different term in writing, the other party must enable the user to deliver the goods within 1 month after notification of the storage.
- If the other party fails to fulfill its obligation to purchase after the term stated in paragraph 8 of this article has expired, it is immediately in default. The user then has the right to dissolve the agreement with immediate effect, without judicial intervention, by means of a written statement, in whole or in part and to sell the goods to third parties. All this without resulting in an obligation for the user to compensate damage, costs and interest.
- The foregoing does not affect the obligation of the other party to compensate any (storage) costs, damage caused by delay, loss of profit or other damage.
- The user is not obliged to deliver the goods until all necessary information and any agreed (advance) payment has been received from the other party. If this causes a delay, the delivery times will be extended proportionally.
Article 8: Complaints and returns
- The other party is obliged to check the delivered goods immediately after receipt and to state any visible defects, defects, damage and/or deviations in numbers on the waybill or accompanying note. In the absence of a consignment note or accompanying note, the other party must report the defects, defects, etc. to the user in writing within 24 hours of receipt of the goods.
- Other complaints must be reported to the user in writing immediately after discovery - but no later than within the agreed warranty period. All consequences of not immediately reporting are at the risk of the other party. If no explicit warranty period has been agreed, a period of 6 months after delivery applies.
- If a complaint is not reported to the user within the periods stated in the previous paragraphs, the goods are deemed to have been received in good condition and to comply with the agreement. In that case, no appeal is possible under an agreed guarantee.
- Items ordered are delivered in the (wholesale) packaging that is in stock at the user's. Minor deviations accepted in the industry with regard to specified sizes, weights, numbers, colors, etc., do not count as a shortcoming on the part of the user. It is not possible to invoke the warranty in this case.
- Complaints do not suspend the payment obligation of the other party.
- Paragraph 5 of this article does not apply to the consumer.
- The other party must enable the user to investigate the complaint and in this context provide the user with all information relevant to the complaint. If return shipment is necessary for the investigation of the complaint, this will take place at the expense and risk of the other party, unless the complaint turns out to be well-founded afterwards.
- In all cases, return shipments will be made in a manner to be determined by the user and as much as possible in the original packaging or packaging.
- No complaints are possible with regard to imperfections or properties of products made from natural materials, if these imperfections or properties are inherent in the nature of these materials.
- No complaints are possible with regard to discolorations and minor color deviations.
- No complaints are possible with regard to items that have changed in nature and/or composition after receipt by the other party or have been fully or partially treated or processed.
Article 9: Warranties
- The user will ensure that the agreed deliveries are carried out properly and in accordance with the standards applicable in his industry, but never gives a more extensive guarantee with regard to these deliveries than as expressly agreed between the parties.
- During the warranty period, the user guarantees the usual normal quality and soundness of the delivered goods. If no explicit warranty period has been agreed, a period of 1 year after delivery applies.
- If a warranty has been issued by the manufacturer or supplier for the items delivered by the user, that warranty will apply equally between the parties. The user will inform the other party about this.
- The user does not guarantee and is never deemed to have guaranteed that the delivered goods are suitable for the purpose for which the other party wishes to edit, process, have them used or used, unless he has expressly confirmed this in writing to the other party.
- In the event that the other party rightly invokes the warranty provisions, the user will ensure, free of charge, the repair or replacement of the item or a refund or reduction of the agreed price for the items. All this at the discretion of the user. In the event of additional damage, the provisions of the liability article included in these general terms and conditions apply.
Article 10: Liability
- The user does not accept any liability other than the guarantees explicitly agreed or provided by the user.
- Without prejudice to the provisions of paragraph 1 of this article, the user is only liable for direct damage. Any liability of the user for consequential damage, such as trading loss, loss of profit and/or loss suffered, damage caused by delay and/or damage to persons or injuries, is expressly excluded.
- The other party is obliged to take all those measures that are necessary to prevent or limit the damage.
- If the user is liable for damage suffered by the other party, the user's obligation to pay compensation is at all times limited to a maximum of the amount paid out by its insurer in the appropriate case. In the event that the user's insurer does not pay out or the damage is not covered by an insurance policy taken out by the user, the user's obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered.
- The other party must hold the user liable for this within 6 months after he became aware of or could have been aware of the damage suffered by him.
- Contrary to paragraph 5 of this article, a term of 1 year applies to the consumer.
- The other party cannot invoke the warranty, nor can the user be held liable on other grounds if the damage has arisen:
- by incompetent use or use contrary to the intended purpose of the delivered goods or the instructions, advice, instructions for use, package leaflets, etc. provided by or on behalf of the user;
- due to improper safekeeping (storage) of the delivered goods;
- because, by or on behalf of the other party, repairs or other work or operations have been carried out on the delivered goods, without the express prior consent of the user.
- In the cases as listed in paragraph 7 of this article, the other party is fully liable for all damage resulting from this and expressly indemnifies the user against all third-party claims for compensation for this damage.
- The limitations of liability included in this article do not apply if the damage is due to intent and/or willful recklessness on the part of the user or his managerial staff at management level or if mandatory statutory provisions oppose this. Only in these cases will the user indemnify the other party against any claims by third parties against the other party.
Article 11: Payment
- The user is at all times entitled to demand (partial) advance payment or any other security for payment from the other party.
- Payment must be made in accordance with the method indicated on the website. Payment in other ways is only permitted if the parties have expressly agreed this in writing.
- If it has been agreed that payment will take place after the user has sent an invoice to the other party, payment must be made within a due period of 8 days after the invoice date, unless the parties have expressly agreed otherwise in writing. In addition, the correctness of an invoice is established if the other party has not objected within this payment term.
- If an invoice has not been paid in full after the term referred to in paragraph 3 has expired, the other party shall owe the user default interest of 2% per month, to be calculated cumulatively on the principal sum. Parts of a month are counted as a full month.
- If payment is still not made after a reminder by the user, the user is also entitled to charge extrajudicial collection costs to the other party.
- The extrajudicial collection costs referred to in paragraph 5 for claims with a principal sum not exceeding € 25,000.00 are:
- If the principal amounts to more than € 25,000.00, the user is entitled to charge extrajudicial collection costs to the other party on the first € 25,000.00 in accordance with paragraph 6 of this article and for the additional extrajudicial collection costs amounting to 10% on that additional amount. to charge the other party.
- For the calculation of the extrajudicial collection costs, the user is entitled after 1 year to increase the principal sum of the claim by the cumulative default interest accrued in that year in accordance with paragraph 4 of this article.
- In the absence of full payment by the other party, the user is entitled to dissolve the agreement, without further notice of default or judicial intervention, by means of a written statement or to suspend its obligations under the agreement, until payment has been made or the other party has has provided adequate security. The user also has the aforementioned right of suspension if he has valid reasons to doubt the creditworthiness of the other party before the other party is in default with the payment.
- Payments made by the other party will first be deducted by the user from all interest and costs owed and subsequently from the due and payable invoices that have been outstanding the longest, unless the other party expressly states in writing upon payment that the payment relates to a later invoice.
- The other party is not entitled to set off claims of the user against any counterclaims it has against the user. This also applies if the other party applies for a (provisional) suspension of payments or is declared bankrupt.
- The provisions of sub 1. of this paragraph does not apply to agreements with the consumer.
- 15% of the amount of the principal over the first €2,500.00 of the claim (with a minimum of €40.00);
- 10% of the amount of the principal over the next € 2,500.00 of the claim;
- 5% of the amount of the principal over the next €5,000.00 of the claim;
- 1% of the amount of the principal over the next €15,000.00 of the claim.
- The personal data and/or company data that you provide in the context of an order that uses postpay, are used by us - or by third parties to whom the claims have been assigned (transferred) for, among other things:
a) risk analyzes and creditworthiness testing in order to avoid over-crediting;
b) ensuring that the communication, administration, customer relationship management, invoicing and collection of claims arising from the post-payment service proceed in a correct manner;
(c) the prevention, detection and combating of fraud or irregularities;
d) Approaching consumers for (direct) marketing purposes.
For a complete overview of the processing that takes place when paying afterwards, we refer you to the Privacy Statement of the provider you have chosen.
Article 12: Retention of title
- The user retains the ownership of all goods delivered and to be delivered under the agreement until such time as the other party has fulfilled all its payment obligations towards the user.
- The payment obligations referred to in paragraph 1 consist of paying the purchase price of the goods delivered and yet to be delivered, increased by claims due to attributable failure on the part of the other party in the fulfillment of its obligations, including the payment of compensation, extrajudicial collection costs, interest and any Fines.
- If it concerns the delivery of identical, non-customizable goods, the batch of goods belonging to the oldest invoices will be deemed to have been sold first. The retention of title therefore always rests on all delivered goods that are still in the stock, shop and/or household effects of the other party at the time the retention of title is invoked.
- Goods subject to retention of title may be resold by the other party in the context of normal business operations, provided that it has also stipulated a retention of title on the delivered goods with regard to its customers.
- As long as the delivered goods are subject to a retention of title, the other party is not authorized to pledge these goods in any way or to bring them under the actual control of a financier.
- The other party is obliged to inform the user immediately in writing if third parties pretend to have ownership or other rights to the goods subject to retention of title.
- The other party is obliged to carefully store the items subject to retention of title until the time at which it has fulfilled all its payment obligations towards the user and as identifiable property of the user.
- The other party must arrange for a business insurance or household contents insurance such that the goods delivered subject to retention of title are insured at all times and will allow the user to inspect the insurance policy and the associated premium payment receipts at the user's first request.
- If the other party acts contrary to the provisions of this article or if the user invokes the retention of title, the user and its employees have the irrevocable right to enter the other party's premises and to take back the goods delivered under retention of title. This is without prejudice to the user's right to compensation for damage, lost profit and interest and the right to dissolve the agreement without further notice of default by means of a written statement.
Article 13: Bankruptcy, lack of jurisdiction, etc.
- Without prejudice to the provisions of the other articles of these general terms and conditions, the user is entitled to dissolve the agreement, without further notice of default and without judicial intervention, by means of a written statement to the other party, at the time when the other party:
- is declared bankrupt or an application for bankruptcy has been made;
- The provisions of paragraph 1 of this article apply, unless the bankruptcy trustee or the administrator recognizes the obligations arising from the agreement as debt of the estate.
- The other party is at all times obliged to inform the curator or administrator of the (content of the) agreement and these general terms and conditions.
- applies for a (provisional) suspension of payments;
- is affected by an enforceable attachment;
- is placed under guardianship or administration;
- otherwise loses the power of disposal or legal capacity with regard to its assets or parts thereof.
Article 14: Force majeure
- In the event of force majeure on the part of the other party or the user, the user is entitled to dissolve the agreement without judicial intervention, by means of a written statement to the other party, or to suspend the fulfillment of its obligations towards the other party for a reasonable period of time. without being obliged to pay any compensation.
- Force majeure on the part of the user is understood in the context of these general terms and conditions: a non-attributable shortcoming on the part of the user, third parties or suppliers engaged by him or other serious reasons on the part of the user.
- Circumstances in which force majeure will arise will include: war, riot, mobilization, domestic and foreign unrest, government measures, strikes within the organization of the user and/or the other party or threat of these etc. circumstances, disruption of the exchange rates existing at the time of entering into the agreement, business disruptions due to fire, burglary, sabotage, natural phenomena, weather conditions, road blocks, etc., transport difficulties and delivery problems, etc., natural phenomena, etc., weather conditions, road blocks, accidents, etc. as a result of which the website is not or not fully available.
- If the force majeure situation occurs when the agreement has already been partially performed, the other party is obliged to fulfill its obligations towards the user up to that moment.
Article 15: Cancellation, suspension
- The provisions of this article do not apply to dissolution within the trial period as determined in article 4 of these general terms and conditions.
- In the event that the other party wishes to cancel the agreement prior to or during its execution, it shall owe the user compensation to be determined by the user. This compensation includes all costs already incurred by the user and his damage suffered as a result of the cancellation, including lost profit. The user is entitled to fix the aforementioned compensation and - at his choice and depending on the deliveries already made - to charge 20 to 100% of the agreed price to the other party.
- The other party is liable to third parties for the consequences of the cancellation and will indemnify the user against claims from these third parties arising from this.
- The user is entitled to set off all amounts already paid by the other party against the compensation owed by the other party.
- In the event of suspension of the execution of the agreement at the request of the other party, the compensation for all costs already incurred at that time is immediately due and payable and the user is entitled to charge these to the other party. The user is also entitled to charge the other party for all costs incurred or incurred during the suspension period as well as for the hours already reserved for the suspension period.
- If the execution of the agreement cannot be resumed after the agreed suspension period, the user is entitled to dissolve the agreement, without judicial intervention, by means of a written statement to the other party. If the execution of the agreement is resumed after the agreed suspension period, the other party is obliged to reimburse any costs incurred by the user resulting from this resumption.
Article 16: Applicable law/competent court
- The agreement concluded between the user and the other party is exclusively governed by Dutch law.
- Any disputes will be settled by the competent court in the place where the user is established, although the user always retains the authority to submit the dispute to the competent court in the place where the other party is established.
- The consumer is always authorized to opt for settlement of the dispute by the legally competent court, provided that he makes this choice known to the user in good time. Timely means here: within one month after the user has informed the consumer in writing that he wishes to submit the dispute to the court of his place of business.
- If the other party is established outside the Netherlands, the user is entitled to act in accordance with the provisions of paragraph 2 of this article or - at his choice - to submit the disputes to the competent court in the country or state where the other party is established.
Date: 29 June 2022