Terms & Conditions

View General Terms and Conditions for private individuals. You can also download it in PDF format via the button on the right.

View General Terms and Conditions for business customers. You can also download it in PDF format via the button on the right.

The model withdrawal form can be found at the bottom of the General Terms and Conditions for private individuals. You can also download it in PDF format via the button on the right. 

 

General terms and conditions private

Conditions IDIS

These General Conditions of the Dutch Home Shopping Organization (hereinafter Thuiswinkel.org) are drawn up in consultation with the Consumer in the context of the Self (CZ) of the Social and Economic Council and entered into force on June 1 2014.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration Transactions: Duration, Termination and Extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or derogatory provisions
Article 20 - Amendments to the General Terms and Conditions of Thuiswinkel

Article 1 - Definitions

In these terms and conditions shall apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar;
  5. Digital content: data produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and / or remote services to consumers;
  10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name entrepreneur:
AerieCura BV

Operating under name of:
Sphygmomanometer.shop

Business address:
Waterruit 12
2804 PC Gouda

Phone:
0182 – 23 93 93

Opening hours office
Monday to Friday from 9.30 a.m. to 17.00 p.m.

E-mail:
info@bloodpressuremonitor.shop

Chamber of Commerce number:
82024995

VAT number:
NL862309542B01

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
  2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the contract is concluded remotely, indicate the manner in which the terms and conditions of the entrepreneur are identified and that they are sent free of charge at the request of the consumer as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him. is.

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer

Article 5 - The Agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
  4. The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
  5. The entrepreneur shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
  6. The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
  7. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  8. The information about guarantees and existing post-purchase service;
  9. the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
  10. The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
  11. If the consumer has a right of withdrawal, the model form for revocation.
  12. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
  2. The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
  1. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
  2. if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
  3. in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.

For services and digital content which is not supplied on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
  2. The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.

Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
  2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
  3. The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
  3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
  6. If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
  7. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  8. the entrepreneur has not provided the consumer with statutory information on the right of withdrawal, the cost reimbursement or the revocation model form, or;
  9. the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  10. The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
  11. prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
  12. he has not acknowledged that he has lost his right of withdrawal when giving his permission; or
  13. the entrepreneur has failed to confirm this statement from the consumer.
  14. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the vendor makes the notification possible by electronic means, the vendor will send a receipt of receipt immediately upon receipt of this notification.
  2. The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:

  1. Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
  2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
  3. Service contracts, after full execution of the service, but only if:
  4. implementation has begun with explicit prior consent of the consumer; and
  5. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
  6. Package travel as referred to in article 7: 500 BW and passenger transport agreements;
  7. Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
  8. Agreements relating to leisure activities provided for in the agreement for a certain date or period of implementation thereof;
  9. Products manufactured according to consumer 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;
  10. Products that spoil quickly or have a limited shelf life;
  11. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
  12. Products which, by their nature, are irrevocably mixed with other products;
  13. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
  14. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  15. Newspapers, magazines or magazines, with the exception of subscriptions to this;
  16. The delivery of digital content other than on a tangible medium, but only if:
  17. implementation has begun with explicit prior consent of the consumer; and
  18. The consumer has declared that he loses his right of withdrawal.

Article 11 - The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
  5. they are the result of legislation or regulations; whether
  6. The consumer has the power to cancel the agreement as of the date of the price increase.
  7. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance agreement and additional warranty

  1. The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A supplementary guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may under the agreement apply to the entrepreneur if the entrepreneur is flawed in compliance with his part of the agreement.
  3. Supplementary Warranty is understood to mean any commitment of the entrepreneur, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with his part of the agreement .

Article 13 - Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has notified to the entrepreneur.
  3. Subject to the provisions of Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders at an expeditious speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration Transactions: Duration, Termination and Extension

Termination:

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can agree the agreements mentioned in the previous paragraphs:
  4. Terminate at all times and not be restricted to termination at a particular time or in a certain period;
  5. At least terminate in the same manner as they have been incurred by him;
  6. Always terminate with the same notice period as the entrepreneur has undertaken for himself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
  2. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
  3. An agreement entered into for a limited period of time, which involves the regular delivery of products or services may only be extended for an indefinite period of time if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 15 - Payment

  1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after commencement of the business term, or in the absence of a notice within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
  2. For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
  3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  4. If the consumer fails to meet his payment obligation (s) in good time, after having been informed by the vendor of late payment and the vendor has given the consumer a period of 14 days to meet his payment obligations, Failure to pay within this 14-day term, the amount owed is due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee is up to: 15% on outstanding amounts to € 2.500, =; 10% over the next € 2.500, = and 5% over the next € 5.000, = with a minimum of € 40, =. The entrepreneur may deviate from the amounts and percentages for the benefit of the consumer.

Article 16 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
  4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to the relevant entrepreneur as well as to Thuiswinkel.org.
  5. The consumer must give the entrepreneur at least 4 weeks the time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
  2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee. , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
  3. A dispute will only be dealt with by the Disputes Committee if the consumer first submitted his complaint to the entrepreneur within a reasonable period of time.
  4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
  5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
  6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a request made in writing by the entrepreneur, state in writing whether he also wishes this or wants the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
  7. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
  8. The Disputes Committee will not deal with a dispute or cease the treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has effectively terminated his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been made. has been pointed out.
  9. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Consumer Affairs Disputes Committee (SGC) or the Financial Services Complaints Institute (Kifid), the Disputes Home Shop dispute committee is preferably competent for disputes concerning primarily the method of selling or providing remote services . For all other disputes, the other accredited disputes committee affiliated with SGC or Kifid.

Article 18 - Industry guarantee

  1. Thuiswinkel.org guarantees its members' compliance with the binding recommendations of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months of being sent. This guarantee is revived if the binding advice has been maintained after the court has reviewed it and the judgment from which this emerges has become final. Up to a maximum amount of € 10.000 per binding recommendation, this amount is paid to the consumer by Thuiswinkel.org. For amounts greater than € 10.000 per binding recommendation, € 10.000 will be paid. Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice.
  2. Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur amounts to more than € 10.000, the consumer is offered to transfer his claim insofar as it exceeds the amount of € 10.000 to Thuiswinkel.org, after which this organization will make the payment in its own name and costs. will legally demand this to satisfy the consumer.

Article 19 - Additional or derogatory provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

Article 20 - Amendments to the General Terms and Conditions of Thuiswinkel

  1. Thuiswinkel.org will not change these terms and conditions unless in consultation with the Consumers' Association.
  2. Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

Annex I: Model form for withdrawal

 

General terms and conditions business

General Terms and Conditions of Thuiswinkel Zakelijk

These General Conditions of the Dutch Home Shopping Organization (hereinafter Thuiswinkel.org) are drawn up in consultation with the Consumer in the context of the Self (CZ) of the Social and Economic Council and entered into force on June 1 2014.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - The price
Article 7 - Compliance with the agreement and extra guarantee
Article 8 - Delivery and implementation
Article 9 - Duration transactions: duration, cancellation and extension
Article 10 - Payment
Article 11 - Liability
Article 12 - Retention of title
Article 13 - Complaints
Article 14 - Disputes

Article 1 - Definitions

In these terms and conditions shall apply:

  1. Day: calendar;
  2. Digital content: data produced and delivered in digital form;
  3. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  4. Durable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
  5. Customer: the natural or legal person who acts in the exercise of his profession or business;
  6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to customers remotely;
  7. Distance contract: an agreement concluded between the entrepreneur and the customer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for distance communication;
  8. In writing: In these general terms and conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
  9. Technology for distance communication: means that can be used to conclude an agreement, without the customer and entrepreneur having to be together in the same room at the same time.
  10. Website: The entrepreneur's webshop on which products and services are offered that can be purchased by customers.

Article 2 - Identity of the entrepreneur

Name entrepreneur:
AerieCura BV

Operating under name of:
Sphygmomanometer.shop

Business address:
Waterruit 12
2804 PC Gouda

Phone:
0182 – 23 93 93

Opening hours office
Monday to Friday from 9.30 a.m. to 17.00 p.m.

E-mail:
info@bloodpressuremonitor.shop

Chamber of Commerce number:
82024995

VAT number:
NL862309542B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
  2. If the customer includes provisions or conditions in his order, confirmation or notification containing acceptance that deviate from or do not appear in the general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been explicitly accepted by the entrepreneur in writing.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.
  4. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
  5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs apply mutatis mutandis and the customer can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions. .
  6. If a provision in these general terms and conditions proves to be invalid, this will not affect the validity of the entire general terms and conditions. In that case, the parties will determine (a) new provision (s) as a replacement, thus giving shape to the intention of the original provision as much as legally possible.

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered.
  3. The content of the website and the offer have been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.

Article 5 - The Agreement

  1. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the corresponding conditions.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
  3. If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately notify the customer of such a withdrawal.
  4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
  5. If it appears that incorrect information has been provided by the customer when accepting or otherwise entering into the agreement, the entrepreneur has the right to fulfill its obligation only after the correct information has been received.
  6. The entrepreneur can - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation. The entrepreneur who, on the basis of the investigation, refuses the application or attaches special conditions to it, will inform the customer of this as soon as possible but no later than 3 days after the conclusion of the agreement, stating the reasons.

Article 6 - The price

  1. All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless stated otherwise) and, unless stated otherwise on the website, exclusive of other levies imposed by the government.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to cancel the agreement without any costs being charged by the Entrepreneur.
  4. Any additional costs, such as delivery costs and payment costs, are stated on the website and in any case shown in the ordering process.

Article 7 - Compliance agreement and additional warranty

  1. The entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
  2. If the delivered product, service or digital content does not comply with the agreement (defective or defective delivery), the customer must notify the entrepreneur within no more than 3 working days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation and / or refund in respect of this defect.
  3. If the Entrepreneur considers a complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the customer. The entrepreneur can refer the customer to a manufacturer or supplier
  4. If the customer returns on the basis of the provisions of this article, the customer can return the products. If a refund is made for amounts already paid in advance, the entrepreneur will repay these amounts within 30 days after receipt of the products.
  5. Manufacturers and / or suppliers may offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses this, he can mediate in the invocation of these guarantees by the customer.
     

Article 8 - Delivery and execution

  1. As soon as the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible with due observance of the provisions of paragraph 3 of this article.
  2. Entrepreneur is entitled to engage third parties in the performance of the obligations arising from the agreement.
  3. The delivery period is in principle 30 days, unless clearly stated otherwise on the website or when concluding the agreement. The choice of the carrier is for the entrepreneur.
  4. If the entrepreneur is unable to deliver the products within the agreed term, he will notify the customer of this with a notice of the expected new delivery term. In that case, the customer has the right to dissolve the agreement and also be entitled to compensation for his damage as a result of the late or non-delivery up to one time the purchase price if the late or non-delivery is due to intent or gross negligence on the part of the customer. entrepreneur. The customer informs the entrepreneur immediately after his notification of late or non-delivery whether he still wants to fulfill the agreement or wishes to dissolve it.
  5. Unless explicitly agreed otherwise, the risk of the products to be delivered transfers to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk will pass upon transfer of the products.
  6. If the customer or the third party designated by him is not present at the delivery address at the delivery address agreed upon to receive the products, the entrepreneur is entitled to take the products back. The entrepreneur will offer the products to the customer again at a different time and / or day to be determined in consultation with the customer at an additional cost. If delivery proves impossible, the payment obligation will not lapse and any additional costs, including for the return, will be charged to the customer.
  7. If the ordered is no longer available, the entrepreneur will endeavor to offer a similar product of similar quality to the customer. The customer is then entitled to dissolve the agreement free of charge.

Article 9 - Duration Transactions: Duration, Termination and Extension

Termination:

  1. The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity), digital content or services, at any time with due observance of the agreed cancellation rules and a notice period of two months.
  2. The customer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity), digital content or services, at any time by the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of two months.
  3. The customer can cancel the agreements mentioned in the previous paragraphs in writing.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity), digital content or services, will be tacitly renewed for the same duration as agreed.
  2. The aforementioned notice periods apply accordingly to terminations by the entrepreneur.
     

Article 10 - Payment

  1. The customer must make payments to the entrepreneur according to the payment methods indicated in the order procedure and possibly on the website. The entrepreneur is free to choose whether to offer payment methods and these can also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 14 days applies, starting on the day after delivery.

  2. If the customer does not fulfill his payment obligation (s) on time, he will be in default by operation of law immediately without the need for a notice of default. The entrepreneur has the right to increase the amount due by the statutory interest and the entrepreneur is entitled to charge and recover the extrajudicial collection costs and any procedural costs incurred by him from the customer.

Article 11 - Retention of title

  1. As long as the customer has not made full payment for the entire agreed amount, all goods delivered remain the property of the Entrepreneur.
     

Article 12 - Liability

  1. Barring intent or gross negligence, the entrepreneur's total liability towards the customer due to attributable shortcoming in the fulfillment of the agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT). In the event of a continuing performance contract, the aforementioned liability is limited to compensation of the amount owed by the customer to the entrepreneur in the 3 months prior to the harmful event.
  2. Liability of the entrepreneur towards the customer for indirect damage, which in any case - but expressly not exclusively - includes consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
  3. The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter towards the customer due to a shortcoming in those products has exercised legal rights in respect of that shortcoming.
  4. Insofar as fulfillment is not already permanently impossible, the liability of the entrepreneur towards the customer due to an attributable shortcoming in the fulfillment of an agreement only arises after the customer has given the entrepreneur immediate and proper written notice of default, setting a reasonable period to remedy the shortcoming, and The entrepreneur continues to fail to fulfill its obligations even after that period. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that the entrepreneur is able to respond adequately.
  5. A condition for the existence of any right to compensation is always that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than 14 days after it has arisen.
  6. In case of force majeure, the entrepreneur is not obliged to pay compensation for any damage caused to the customer as a result.
     

Article 13 - Complaints

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the customer can expect a more detailed answer.
     

Article 14 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the customer to which these general terms and conditions apply.
  2. If disputes arise as a result of the Agreement that cannot be settled amicably, these will be submitted to the competent court of the district where the entrepreneur is located. Entrepreneur and customer can agree to settle their disputes by means of binding advice or arbitration.