ART. 1: APPLICABILITY
- These general terms and conditions apply to all our offers and to 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 reference is made in these general terms and conditions to “buyer” this must be understood to mean any natural or legal person, older than 12 years, who has a contractual relationship with us, pursuant to 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 agreement with us.
- The provisions of these general terms and conditions can only be deviated from if and insofar as this has been expressly agreed in writing.
- If the buyer also refers to its 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 conditions has been expressly accepted by us in writing and insofar as the buyer’s conditions do not conflict with the provisions of our general terms and conditions. If the buyer’s terms and conditions conflict with our general terms and conditions, then only the provisions of our terms and conditions apply. Any stipulation to the contrary in the buyer’s conditions does not affect the foregoing.
- Where in these general terms and conditions reference is made to “(delivery of) goods”, this also includes the provision of services and activities of whatever nature, meant in the broadest sense of the word.
- These general terms and conditions also apply expressly 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 fully 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 therefore does not bind us in any way, unless the contrary has been expressly and unambiguously stated in writing.
- Before using the delivered goods, the buyer is obliged to read the information and advice of the manufacturer attached to the goods.
ART. 4: CONCLUSION OF THE AGREEMENT
- The agreement for purchase and sale is concluded the moment 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 its contents.
- These general terms and conditions apply to every agreement for purchase and sale as if they were included 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 made exclusively on express order, unless otherwise agreed between the company and the consumer.
- What is sent unsolicited may be kept free of charge by the consumer or returned free of charge, unless there is an obvious mistake or the sending can be attributed to the consumer. In that case and insofar as their nature permits, the consumer will keep the goods and documents at the disposal of the company. The consumer will do or omit all that is required of reasonableness and fairness.
- The company will exercise the greatest possible care when receiving and executing orders for goods and when assessing applications for the provision of services.
- The place of delivery is the home address of the consumer that was most recently made known to the company, unless otherwise agreed.
- The company will execute all accepted orders within the specified delivery times, provided that we have all the information we need for the execution of the order and we have received payment of the purchase price.
- Delivery times are extended by the time during which the buyer has left 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 or can only be partially executed, the buyer will be notified in writing, by e-mail or by 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 the event of late delivery, we must therefore be given written notice of default.
- The risk of damage and/or loss of goods remains 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 pay 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 obligation to immediately report inaccuracies in information provided or stated to the company.
- Regulations of whatever 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.
- In any case, the entire purchase price is immediately due and payable in the event of late payment, if the buyer becomes bankrupt, applies for a moratorium or has applied for a guardianship order, if any attachment is levied on the goods or the buyer’s claims, and when it dies, goes into liquidation or is dissolved.
ART. 8: SHIPPING COST
- All prices exclude shipping costs.
ART. 9: ADVERTISING, CANCELLATION
- If the item is unusable due to damage during shipping, or if it does not match the ordered item, the buyer has the option to return this item. The buyer must notify Capsinol of this within 48 hours of receipt by registered letter or 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, the purchase price of the item in question will be refunded to the buyer, depending on the outcome of this assessment.
- The buyer must at all times give us the opportunity to repair any defect.
- Defects and/or damage caused by injudicious or incorrect use of the goods are not covered by the warranty. We are not liable for this.
- Any right of claim of the buyer against the company, relating to defects in the goods delivered by us, lapses if: – the defects have not been brought to our attention within the periods set in this article and/or not in the manner indicated there; – the buyer provides us with no or insufficient cooperation with regard to an investigation into the merits of the complaints; with regard to which the complaints have been made, are continued by the buyer.
- The buyer has the right to cancel the purchase without costs within 7 days of ordering. This should only be done by registered letter or e-mail.
- Is an order not, or not within the specified art. 9.6 If the stated term is cancelled, the buyer remains obliged to accept and pay for the order. If the buyer remains in default, the buyer may be charged the costs for storage, reservation, interest and administration.
ART. 10: LIABILITY
- With the use of this website, the user declares that this is done at his own risk, and all responsibility related to the use of this website and the products offered lies with the user.
- Unless explicitly stated otherwise, Capsinol accepts no liability for the effectiveness of the products offered, manufacturing errors, content of the package leaflet texts, information texts, descriptions of use and/or treatment methods and other textual descriptions on this website, nor can guarantees be given in this regard.
- All guarantees regarding the goods delivered by us lie with the manufacturer of the relevant goods.
- Furthermore, we are not liable for consequential or trading loss, direct or indirect damage by whatever name, including loss of profit and standstill damage, suffered by the buyer, his subordinates and employees or third parties delivery of goods, delayed or defective delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever, which arises because laws 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 from the (foreign) country where the items 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 about which there is no reasoned complaint. If this 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, in particular also 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 that arise for us under common law.
ART. 12: FORCE MAJEURE
- Force majeure is 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, impediment and interruption of transport options, disruptions in our company or in the business of our suppliers, not -fulfillment by our suppliers of their obligations to us, import and export restrictions, impediments caused by measures, laws or decisions of international, national or regional (governmental) authorities.
- If we are unable to fulfill the agreement (on time) due to force majeure, we have the right to perform the agreement at a later date, or to consider the agreement as dissolved, at our discretion.
- In the event of force majeure, the buyer cannot claim compensation from us.
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 sends us a written statement of dissolution, he will at all times first have to give us written notice of default and give us a reasonable period to still fulfill our obligations or to remedy shortcomings, which shortcomings the buyer must report accurately in writing. .
- The buyer has no right to dissolve the agreement in whole or in part or to suspend his obligations, if he himself was already in default with the fulfillment of his obligations.
- If we agree to dissolution, without there being any default on our part, we are always entitled to compensation for all financial loss such as costs (shipping, packaging, etc.), lost profit and reasonable costs to determine damage and liability. In the event of partial dissolution, the buyer cannot claim cancellation of performances already performed by us and we are fully entitled to payment for the performances already performed by us.
ART. 14: APPLICABLE LAW
- All offers 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 by e-mail email@example.com. We will try to handle and resolve the complaints as soon as possible.
ART. 16: PRIVACY
- Your personal data, as entered on the order form, will be stored carefully and discreetly by Capsinol.
- Personal data will always be specifically requested from you and will only be recorded by us with your permission.
- 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 permission and will not be transferred to third parties without your permission, 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 services or protect the rights of Capsinol.
- The information you provide can be used to target commercial messages specifically to you.
Rehocare bv, Soest
Chamber of Commerce: 53312783
VAT no: NL850.834.053B.01