Terms of service
Terms and Conditions Wijngaarden Medical
- General 1.1 These terms and conditions apply to all offers, quotations, deliveries, and services of Wijngaarden Medical. 1.2 Deviations from these terms and conditions are only valid if agreed upon in writing.
- Quotations and Agreements 2.1 All quotations from Wijngaarden Medical are non-binding unless otherwise stated. 2.2 An agreement is established when the customer has accepted the quotation from Wijngaarden Medical in writing or has received a written order confirmation from Wijngaarden Medical.
- Prices and Payment 3.1 All prices are exclusive of VAT unless otherwise stated. 3.2 Payment must be made within 30 days of the invoice date unless otherwise agreed in writing. 3.3 In the event of late payment, the customer is in default by operation of law and is liable for statutory interest. All costs, both judicial and extrajudicial, incurred by Wijngaarden Medical to collect the claim will be borne by the customer.
- Delivery and Delivery Times 4.1 Delivery takes place from the warehouse of Wijngaarden Medical unless otherwise agreed. 4.2 Stated delivery times are indicative and can never be considered as strict deadlines. 4.3 In case of exceeding the delivery time, the customer has no right to compensation or termination of the agreement unless the delay is due to intent or gross negligence by Wijngaarden Medical.
- Retention of Title 5.1 All delivered goods remain the property of Wijngaarden Medical until the customer has fulfilled all his payment obligations towards Wijngaarden Medical. 5.2 The customer is not entitled to pledge or otherwise encumber the goods as long as ownership has not transferred.
- Complaints and Returns 6.1 The customer is obliged to inspect the delivered goods immediately upon receipt. Any complaints must be reported to Wijngaarden Medical in writing within 7 days of delivery. 6.2 Returns of goods can only take place with prior written consent from Wijngaarden Medical and under conditions determined by Wijngaarden Medical. 6.3 Products that have been worn cannot be returned due to hygiene requirements.
- Liability 7.1 Wijngaarden Medical is only liable for direct damage resulting from intent or gross negligence by Wijngaarden Medical. 7.2 Wijngaarden Medical is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption. 7.3 The liability of Wijngaarden Medical is in all cases limited to the amount paid out by the insurance of Wijngaarden Medical in the relevant case.
- Force Majeure 8.1 In case of force majeure, Wijngaarden Medical is entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part without being liable for any compensation. 8.2 Force majeure is understood to mean any circumstance beyond the control of Wijngaarden Medical that temporarily or permanently prevents the fulfillment of the agreement.
- Applicable Law and Disputes 9.1 All agreements and legal acts between the customer and Wijngaarden Medical are exclusively governed by Dutch law. 9.2 All disputes arising from or related to the agreements and legal acts to which these terms and conditions apply will be submitted to the competent court in the district where Wijngaarden Medical is established.
- Amendment of Terms 10.1 Wijngaarden Medical is authorized to amend these terms and conditions. Amendments will take effect 30 days after written notification to the customer. 10.2 If the customer does not agree with the amendment, he has the right to terminate the agreement with effect from the date on which the amended terms and conditions take effect.
By placing an order or entering into an agreement with Wijngaarden Medical, the customer agrees to these terms and conditions.