General terms & conditions VodaMed.com

1    Areas of application
1.1    Our sale, delivery and payment terms and conditions apply for all purchasing agreements and offers. These conditions are acknowledged by our customers when they place an order, conclude a contract or accept our delivery. Aberrant terms and conditions set by our customers or delivery service providers, which we do not explicitly accept, are for us without obligation, even if this is not explicitly stated in these terms and conditions.
1.2    Our terms and conditions also apply for follow-up transactions, without the need for an explicit acknowledgement.
2.    Quote/formation of a contract
2.1    The offer on this webshop is aimed in particular at individuals, institutions, public authorities and companies who require these products for their occupational or professional work.
2.2    Our offers are subject to change without notice, unless agreed otherwise.  
2.3    Our webshop is not an offer in legal sense. Contracts come first through customers’ orders and are validated with our written confirmation of order, or through delivery of goods.
2.4    The copyright over our offers, quotations, pictures, etc is held exclusively by VodaMed Health Solutions and therefore they must not be accessible to unauthorized third parties or customers. By violation of this condition, we reserve ourselves the right to enforce a claim of compensation and injunctive relief.
3.    Prices
3.1    The articles have to be paid in euros, including VAT. Shipping costs (unless mentioned otherwise) are not included in these prices. Before contracting the agreement, the total price including shipping will be reported by our website.
4.    Delivery and shipping costs
4.1    You may find our current valid shipping costs in section "Delivery”.
4.2    If an order is delivered to different addresses, the above rules apply for each address and a separate delivery charge will be applied for each address.  .
4.3    If not agreed otherwise or explicitly stated in the webshop, we deliver free charge to basement.
4.4    We provide part-delivery service, without increasing the delivery costs for our customers.
5.    Terms and conditions of payment
5.1    Payment of your order can be done by one of the following ways:
- iDEAL/Mr Cash/DIRECTebanking
You can do the payment at your own home and you will be automatically relayed to your own Internet page of your own bank. Than you can transfer directly the amount of the order. This method can only be used when you have a Dutch bankaccount
- Visacard/Mastercard
If you would like to pay with a creditcard you can choose for our payment trough our payment service provider XIB Payments or through PayPal
- PayPal
After your order you will be automatically relayed to the PayPal page where you can transfer the amount. You can also pay with your credit card.
- Payment in advance on bank account
If you choose for payment in advance you will get an e-mail with the correct data of the bank. Remember to note the order number for payment. When we have received the payment, we will send the order and confirm by an e-mail that the order is sent.

5.2     Payment deadline is determined by the time of receipt of money/our account is credited with your payment.
5.3    A part-delivery carried out is regarded as an independent deal; owing to the still pending parts, the payment of a part-delivery cannot be refused.
5.4    If a payment is delayed beyond the 10-day deadline, we charge, provided that our customer is a trader, an interest of 8% of the respective basic rate.  Interests for delay are payable immediately. We can provide evidence, that we ourselves pay a higher standard interest rate for debit balance. We reserve ourselves the right to enforce a claim for damage caused by continuing delay of payment.
6.    Reservation of proprietary rights
6.1    The delivered goods remain our possession until full payment is received.
6.2    By distraints caused by third parties- even after amalgamation or processing- as well as any other damage to our rights with respect to goods subject to retention of title, the customer must inform us immediately in written form and also immediately advice the third party about our reservation of proprietary rights.
6.3    The customer is authorized to resale the goods that are subject to retention of title under normal business conditions. Any other act of disposal, especially a pledge, assignment by way of security or abandonment in exchange, is not permitted. The authorization for transfer expires, despite lack of explicit notice, once the customer’s payment is delayed or completely cesses, or by violation of adverse existing commitments, especially regarding the reservation of proprietary rights.
6.4    The customer conveys hereby (in advance) to the requirements regarding the resale of goods subject to retention of title, including all ancillary rights, which accompany these requirements and ensure our security. We accept this assignation hereby. The customer is committed to disclose us the name of the garnishee, if asked to do so.   
6.5    The purchaser is revocable authorized to collect receivables of the resale of delivered goods. This authorization expires, even without explicit notice, once the purchaser cesses their payments, or as soon as the payment is delayed. Upon our request, the purchaser is immediately required to inform the garnishee about the assigned receivables and show them the assignation.
6.6    The securities, which are, according to the above terms and conditions, legally entitled to us, are to be, upon request, immediately disclosed to the purchaser, once their realisable value exceeds a total claim of 20%.
7.    Returns and returned goods/Terms of approval
7.1    Unless indicated otherwise, after receiving the order during a period of 14 days you have the right to cancel the purchase by sending an email without giving any reasons and to return the order within the same deadline.
Goods, which are posted to us without prior notification of return, will not be accepted. By beneficiary and correct return of the goods, we will refund you the amount invoiced, excluding delivery costs, costs for packing and insurance and other unavoidable expenses.
We explicitly reserve ourselves the right to cover the amount refunded with residual outstanding debits on our part or with allowances from future purchases.
7.2    There is no right to reimbursement if the product is used and / or damaged or if the order has been opened and / or not returned in the original packaging.
8.    Notice of defects
8.1    If the purchaser or seller detect any defect on the contract, these have to be immediately reported and corrected, at the latest within 7 days after receiving the goods. Packages have to be checked for regularity immediately after delivery and any defects detected have to be reported to us within 7 days. The detected damages on the package must be reported by the customer in written form through the conveyor.
8.2    The defective goods shall be put to our disposition for inspection by us and must be carefully and appropriately handled and stored, in accordance to the product.  
8.3    Claims of defects which are presented in due time and approved by VodaMed Health Solutions, will be resolved in the way of supplementary performance. The purchaser is only eligible for resignation from the contract, as long as resignation is not legally excluded, or for declining the purchase price, after an unsuccessful procedure of supplementary performance, within their deadline, set in accordance to legal regulations.
8.4    Specimens and samples, as well as the data in our online shop, express only the average situation and performance of the goods. Customary deductable or reasonable variances of the delivered goods are thereof not regarded as a defect and cannot be subject of complaints. Something different applies only for explicit agreements.
9.    Exceptional circumstances, strikes, etc.
9.1    In cases of higher force or other unforeseeable, extraordinary losses and delayed allowances- such as system malfunctioning, strikes, lock-outs, official sanctions, delivery complications, delays in the delivery/supply of essential parts, etc – even when delays arise among our suppliers- the delivery time is extended and a new delivery date is agreed with the customer.
9.2    Should our delivery be impossible, due to the above mentioned exceptional circumstances, we are exempt from the delivery commitment. The same applies by unreasonableness. Upon this, we appoint ourselves to immediately notify the customer or the accepting representative about the above mentioned circumstances. Should the above mentioned occurrences last over 3 months, both we and the purchaser are justified to regress from the contract. An already performed partial-delivery will then count as an independent deal.
9.3    In the case of the previously mentioned circumstances, our customers have no other rights against us, such as the right to claim for damage/inconvenience. This limitation of liability does not apply any more, once a deliberate act of rough negligence or slight negligence about a fundamental contractual commitment is performed by somebody. This limitation of liability does not apply either if damage of the body or health is involved.
10.    Data protection
10.1    When you order an item at VodaMed.com, your information will be included in the customer database of VodaMed.com. VodaMed.com adheres to the Law Personal Register and will not share your information with third parties. See our Privacy Policy. VodaMed.com respects the privacy of users of the Internet site and will ensure the confidentiality of your personal data. VodaMed.com uses a mailing list, each mailing contains instructions to protect yourself from this list.
11.    Guarantee
11.1     VodaMed.com ensures that its products meet the requirements of usability, reliability and longevity as reasonably designed by parties to the sale and is thus responsible for the guarantee of the product delivered to you.
12.    Applicable law and jurisdiction
12.1    To all the rights, obligations, offers, contracts and agreements to which these Conditions apply, as well as these conditions, only Dutch law can be applied.
13.    Copyright
13.1    All graphics, photographs, drawings, information on weights, dimensions, colors, images of labels etc. at the site of VodaMed.com apply only approximately, are indicative and may not lead to damages or dissolution of the contract. It is not allowed to copy images and / or text from the site of VodaMed.com without our consent.
14.    Void in part
14.1    Should one or more of the above mentioned regulations be fully or partially invalid, this will not affect the validity of the remaining policies. The invalid regulation will be replaced by a valid one and the economic purposes will come next.

Any questions, complaints and comments
If, after reading these Conditions, you may have any complaints, questions or comments about these terms, please do not hesitate in writing or by e-mail to contact us. VodaMed Health Solutions Akersteenweg 238 6227 AE Maastricht The Netherlands info@vodamed.com