ART. 1: APPLICABILITY
- These general terms and conditions apply to all our offers and all agreements entered into by us, by whatever name. In particular, these terms and conditions apply to agreements entered into by us for the delivery of goods to our buyers.
- Where in these general terms and conditions reference is made to “buyer”, this should be understood to mean any natural or legal person, older than 12 years, who has a contractual relationship with us, on the basis of a purchase or other agreement concluded with us, as well as any natural or legal person who wishes to enter into a purchase or other type of agreement with us.
- The provisions of these general terms and conditions can only and only be deviated from if and insofar as this has been expressly agreed in writing.
- If the buyer also refers to his general terms and conditions, the buyer’s terms and conditions do not apply. This is only different if and insofar as the applicability of the buyer’s terms and conditions has been expressly accepted by us in writing and insofar as the buyer’s terms and conditions do not conflict with the provisions of our general terms and conditions. If the buyer’s terms and conditions are in conflict with our general terms and conditions, then only the provisions in our terms and conditions apply. Any stipulation to the contrary in the buyer’s terms and conditions does not affect the foregoing.
- Where these general terms and conditions refer to “(delivery of) goods”, this also includes the provision of services and activities of whatever nature, referred to in the broadest sense of the word.
- These general terms and conditions also explicitly apply to (agreements for) the provision of services and activities, of whatever nature, referred to in the broadest sense of the word.
ART. 2: THE OFFER
- The goods and / or services offered are clearly and truthfully depicted and / or described and as completely as reasonably required and where the commercial purpose must be clear. If there is a limited period of validity of the offer, this limitation will be clearly stated.
- The general terms and conditions apply to all offers of goods and / or services.
ART. 3: INFORMATION, ADVICE AND USE
- Information and advice provided / offered by us are of a general nature and without obligation. This information and advice is therefore in no way binding on us, unless expressly and unambiguously stated otherwise in writing.
- Before using the delivered goods, the buyer is obliged to read the information and advice of the manufacturer enclosed with the goods.
ART. 4: FORMATION OF THE AGREEMENT
- The purchase and sale agreement is concluded when we accept (confirm) an order given to us electronically (by e-mail) or by telephone. The order will be confirmed by us electronically (by e-mail) or by telephone as soon as possible after receipt of the order.
- The order confirmation sent by us to the buyer is deemed to fully and correctly reflect the content of the concluded agreement. The buyer is deemed to agree with the contents of the order confirmation, unless he informs us immediately after the order confirmation that he cannot agree with the contents thereof.
- These general terms and conditions apply to every purchase and sale agreement as if they were included therein literally.
ART. 5: PRICES
- All our prices include sales tax.
- After the agreement has been concluded, no price changes will be made unless the change is the result of a statutory regulation or provision.
ART. 6: ORDER AND DELIVERY
- Deliveries of goods and / or services are only made on explicit order, unless otherwise agreed between the company and the consumer.
- Unsolicited items may be kept free of charge or returned free of charge by the consumer, unless there is an obvious mistake or the consignment is attributable to the consumer. In that case and insofar as their nature permits, the consumer will keep the goods and documents available for the company. The consumer will do or refrain from doing anything that requires reasonableness and fairness.
- The company will take the greatest possible care when receiving and executing orders for goods and when assessing requests for the provision of services.
- The place of delivery is the consumer’s home address that was last made known to the company, unless otherwise agreed.
- The company will execute all accepted orders within the specified delivery times, provided all information we need for the execution of the order is in our possession and we have received payment of the purchase price.
- Delivery times are extended by the time during which the buyer has left unpaid any amount due after it has become due and payable.
- Delivery times can also be delayed if one or more items are (temporarily) out of stock. If an order cannot be executed or partially executed, the buyer will receive this in writing, by e-mail or telephone.
- If the buyer has to wait longer than 30 working days for the ordered item, the buyer has the option to cancel the agreement free of charge.
- In case of late delivery, we must therefore be given written notice of default.
- The risk of damage and / or loss of goods rests with the company until the moment of delivery, unless otherwise agreed. 11. Products are deemed to have been delivered as soon as they have left Capsinol’s warehouse.
ART. 7: PAYMENT
- The consumer undertakes to meet the purchase price with one of the payment options offered on the website.
- The amounts owed by the consumer must be paid within fourteen days after placing the order.
- If the consumer remains in default in accordance with the above, the order will lapse.
- The consumer has the duty to report inaccuracies in information provided or stated to the company without delay.
- Regulations of any authority, which prevent the use of the goods to be delivered or already delivered, do not change the financial obligations of the buyer.
- The buyer’s right to set off any claims against us is excluded.
- The entire purchase price is in any case immediately due and payable in the event of late payment, when the buyer becomes bankrupt, applies for a moratorium or his administration order has been applied for, when any attachment is imposed on the goods or the claims of the buyer, and when it dies, goes into liquidation or is dissolved.
ART. 8: SHIPPING COSTS
- All prices exclude shipping costs.
ART. 9: ADVERTISING, CANCELLATION
- If the item is unusable due to damage during shipping, or does not correspond to the ordered item, the buyer has the option to return this item. The buyer must inform Capsinol of this within 48 hours of receipt by registered letter or by e-mail with a clear description of the complaint. The costs of returning the items are always borne by the buyer.
- After the item has been assessed by us, depending on the outcome of this assessment, the purchase price of the item in question will be refunded to the buyer.
- The buyer must at all times offer us the opportunity to repair any defect.
- Defects and / or damage caused by improper or incorrect use of the goods are not covered by the warranty. We are not liable for this.
- Any right of action of the buyer against the company, relating to defects in the goods delivered by us, lapses if: – the defects have not been notified to us within the periods stated in this article and / or not in the manner indicated there; – the buyer does not cooperate or does not sufficiently cooperate with us with regard to an investigation into the validity of the complaints; – the buyer has used the goods in contravention of the regulations, or at least in a non-normal manner; – the application and use of the goods, with respect to which the complaints have been expressed, will be continued by the buyer.
- The buyer has the right to cancel the purchase without costs within 7 days after ordering. This should only be done by registered letter or by e-mail.
- Is an order not, or not within the limits specified in art. 9.6 period, the buyer remains obliged to accept and pay for the order. If the buyer remains in default, the buyer can be charged for the costs for storage, reservation, interest and administration.
ART. 10: LIABILITY
- By using this website, the user declares that this is done at his own risk, and all responsibility in connection with the use of this website and the products offered lies with the user.
- Unless explicitly stated otherwise, Capsinol does not accept any liability for the effectiveness of the offered products, manufacturing defects, content of the package leaflet texts, information texts, descriptions of use and / or treatment methods and other textual descriptions on this website, nor can any guarantees be given on this.
- All guarantees regarding the goods delivered by us lie with the manufacturer of the goods concerned.
- We are furthermore not liable for consequential or trading loss, direct or indirect damage by whatever name, including loss of profit and downtime, suffered by the buyer, his subordinates and employees or third parties employed by him or by delivery of goods, delayed or inadequate delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever, which arises due to legislation or regulations of the (foreign) country where the goods are delivered and / or of the (foreign) country where the buyer lives or is established and / or of the (foreign) country where the goods are used deviates from the laws or regulations in the Netherlands.
- Subject to the provisions of article 9.1 of these general terms and conditions, the buyer is not entitled to return the goods for which there is no substantiated complaint. If this nevertheless happens without valid reasons, then all costs for shipment and return are at the expense of the buyer. In that case we are free to store the goods at the expense and risk of the buyer.
ART. 11: SECURITY
- We are entitled to demand from the buyer that he provides security for the fulfillment of his obligations, especially after the conclusion of the agreement. If the security required by us is not provided, we can suspend the performance of our obligations and / or dissolve the agreement without judicial intervention, without prejudice to the rights arising for us from ordinary law.
ART. 12: FORCE MAJEURE
- Force majeure should be understood to mean any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be expected of us (so-called non-attributable failure to perform).
- Force majeure also includes: war, riots and hostilities of any kind, blockade, boycott, strike, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, disruptions in our company or in the company of our suppliers, not -fulfillment by our suppliers of their obligations to us, import and export restrictions, obstacles caused by measures, laws or decisions of international, national or regional (government) authorities.
- If we cannot (timely) fulfill the agreement due to force majeure, we have the right to execute the agreement at a later time, or to regard the agreement as dissolved, at our discretion.
- In case of force majeure, the buyer cannot hold us liable for compensation.
ART. 13: DISSOLUTION
- Full or partial dissolution of the agreement takes place by means of a written statement from the person entitled to do so. Before the buyer submits a written notice of termination to us, he must at all times first give us written notice of default and grant us a reasonable period in which to still fulfill our obligations or to rectify shortcomings, which shortcomings the buyer must accurately report in writing .
- Buyer is not entitled to dissolve the agreement in whole or in part or to suspend its obligations, if it was already in default with the fulfillment of its obligations.
- If we agree to termination, without any default on our part, we always have the right to compensation for all financial damage such as costs (shipping, packaging, etc.), lost profit and reasonable costs for determining damage and liability. In the event of partial dissolution, the buyer cannot claim the reversal of services already provided by us and we are fully entitled to payment for the services already performed by us.
ART. 14: APPLICABLE LAW
- All quotations made by us and all agreements entered into by us are exclusively governed by Dutch law.
ART. 15: DISPUTE RESOLUTION
- The buyer can report complaints to us via e-mail [email protected] We will try to handle and resolve complaints as soon as possible.
ART. 16: PRIVACY
- Your personal data, as entered on the order form, will be carefully and discreetly stored by Capsinol.
- Personal data will always be specifically requested from you and will only be recorded by us with your consent.
- If you request us in writing to delete your data, this request will be honored.
- The registered data cannot be viewed by third parties without your consent and will not be transferred to third parties without your consent, except in the event that: Capsinol is legally obliged to do so or if this is necessary to protect the rights of users of the Capsinol protect the services or rights of Capsinol.
- The information you provide can be used to target commercial messages specifically for you.
Rehocare bv, Soest
Chamber of Commerce: 53312783
VAT no: NL850.834.053B.01