General Terms and Conditions EcomMedics
Below you can find our General Terms and Conditions. These are applicable when you use our website or place an order through our Website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We recommend that you save or print these conditions so you can read them again at a later point in time
Article .1 Definitions
1.1 EcomMedics: with its registered office in Zwolle and registered with the Chamber of Commerce under registration number 08170531, trading under the name EcomMedics.
1.2 Website: this website of EcomMedics and all accompanying subdomains.
1.3 Client: the natural person or legal entity which enters into an Agreement with EcomMedics and/or registers on the Website.
1.4 Agreement: every arrangement or agreement between EcomMedics and Client, of which agreement the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: the present general terms and conditions.
Article 2 Applicability General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of EcomMedics, unless expressly agreed otherwise in writing.
2.2 If Client in its assignment, confirmation or announcement containing acceptance, includes provisions or conditions which derogate from, or are not present in, the General Terms and Conditions, then these will only be binding for EcomMedics if and insofar as these have been accepted expressly in writing by EcomMedics.
Article 3 Prices and information
3.1 All prices stated in the Website and in other material originating from EcomMedics are including VAT, but excluding other duties imposed by authorities, unless expressly stated otherwise with the offer in a timely manner prior to the concluding.
3.2 the product prices are excluding any dispatch costs. If dispatch costs are charged then this and the amount of these costs will be stated clearly and in a timely manner prior to the concluding of the Agreement. In addition these costs will be represented separately in the order process. If no dispatch costs are charged, or if this has been processed in the price, then this will also be stated in the manner referred to in this Article.
3.3 The contents of the Website have been constituted with the greatest carefulness. However, EcomMedics cannot guarantee that all information on the website is at all times correct and complete. All prices and other information on the Website and in other materials originating from EcomMedics are therefore subject to the proviso of apparent programming and typing errors.
3.4 EcomMedics cannot be held liable for (colour) deviations resulting from screen quality.
Article 4 Coming into effect of the agreement
4.1 The Agreement comes into effect at the time of acceptance by the Client of the offer of EcomMedics and the compliance with the conditions set for this by EcomMedics.
4.2 If the Client has accepted the offer by electronic means, then EcomMedics will promptly confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed the Client will have the possibility of terminating the Agreement.
4.3 If it appears that at the acceptance or the entering into of the Agreement Client has provided inaccurate data then EcomMedics will have the right to adjust prices accordingly.
Article 5 Registration/account
5.1 To make optimal use of the Website, Client can register through the registration form on the Website.
5.2 During the registration procedure Client will choose a username and password with which Client can log onto the Website after registration. Client is personally responsible for the choice of a sufficiently reliable password.
5.3 Client must keep its login details, username and password strictly confidential. EcomMedics is not liable for misuse of the login details and may always presume that a Client who registers on the Website is in fact that Client. All that which takes place through the account of Client falls under the responsibility and the risk of the Client.
5.4 If Client knows or suspects that its login details have fallen into the hands of unauthorised persons, Client must alter its password and/or inform EcomMedics about this as soon as possible, so that EcomMedics can take suitable measures.
Article 6 Performance of the agreement
6.1 As soon as the order is received by EcomMedics, EcomMedics will dispatch the products as soon as possible with due regard to the provisions of subclause 3 of this Article.
6.2 EcomMedics is entitled to engage third parties during the fulfilment of the obligations ensuing from the Agreement.
6.3 The Website clearly describes, in a timely manner prior to the concluding of the Agreement, in which manner delivery will take place and within which period, or within which estimated period the products will be delivered. If no delivery period is agreed, then products will in all events be delivered within 30 days.
6.4 If EcomMedics cannot deliver the products within the agreed period it will inform Client about this by email. Client can in that event agree to the new delivery date or terminate the Agreement free of charge.
6.5 EcomMedics advises Client to inspect the delivered products and to report defects appearing thereby within a reasonable period, preferably in writing or by email. See further the Article with regard to guarantee and conformity.
6.6 As soon as the delivered products are delivered at the delivery address provided, the risk concerning these products will transfer to Client.
6.7 Deliveries take place at the address provided by the purchaser during the coming into effect of the agreement.
Article 7 Right of withdrawal
7.1 If Client is a natural person who does not act in the exercise of its profession or company, the Client will have the right to terminate free of charge the distance contract concluded with EcomMedics within 7 working days from receipt of the product without stating reasons. Only the direct costs for the return sending will be on the account of Client. Any cost for dispatch and payment of the product paid by Client will be repaid in full to Client in case of the return of the entire order by Client.
7.2 Client will treat the product and the packaging with care during the right of withdrawal period referred to in subclause 1. Client will only open the packaging and use the product insofar as this is necessary to check the nature, the characteristics and the working of products.
7.3 Client can terminate the agreement in conformity with subclause 1 of this Article by returning the product to EcomMedics within the period set out in subclause 1, or by informing EcomMedics within this period of the fact that Client has decided not to go ahead with the purchase of the product, following which Client will return the product as soon as possible. Products can be returned to:
7418 BT Deventer
7.4 Amounts already paid (in advance) by Client will be repaid to Client as soon as possible, but no later than within 30 days from termination of the Agreement.
7.5 The provisions of Article 7.2 do not apply to products which, due to security, hygiene and durability reasons, are packaged in a protected manner. These are inter alia, but not limited to; food supplements. These products can only be returned unopened and undamaged in conformity with Articles 7.1 and 7.3.
7.6 The website clearly states, in a timely manner prior to the concluding of the Agreement, information about whether or not the right of withdrawal applies and any procedure that is required.
Article 8 Payment.
8.1 Client must make payments to EcomMedics in accordance with the order procedure and the methods of payment stated on the website. EcomMedics is free in the choice of the offer of methods of payment and can change these from time to time. General information about the methods of payment will be made available by EcomMedics to Client in a timely manner prior to the concluding of the Agreement.
Article 9 Guarantee and conformity
9.1 EcomMedics guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of sound condition and/or usability and the statutory and/or official regulations existing at the date of the formation of the contract. If agreed, EcomMedics also guarantees that the product is suitable for other than normal use.
9.2 A guarantee provided by EcomMedics, manufacturer or importer does not affect the statutory rights and claims that the Client can enforce on the basis of the Agreement.
9.3 If the delivered product does not conform with the Agreement, then the Client must inform EcomMedics about this within a reasonable period after Client has noticed the defect.
9.4 If EcomMedics deems the complaint well-founded, then after consultation with Client, the relevant products will be rectified, replaced or repaid. The maximum payment is equal to the price paid by Client for the product.
9.5 The products will be delivered with due regard to the provisions of Article 9.2 with Manufacturer’s Warranty. EcomMedics only fulfils a customer-service role for this.
Article 10 Complaints procedure
10.1 If Client has a complaint about a product (in conformity with the Article concerning guarantee and conformity) and/or other aspects of the provision of service by EcomMedics, then Client can submit a complaint to EcomMedics by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
10.2 EcomMedics will respond to the Client’s complaint as soon as possible, but in all events within 2 working days from receipt of the complaint. If it is not possible to give a substantive or definitive response, then EcomMedics will within 5 working days confirm the receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the Client regarding the complaint.
Article 11 Personal data
11.1 EcomMedics processes the personal data of Client in conformity with the privacy statement published on the Website.
Article 12 Concluding provisions
12.1 The law of the Netherlands applies to this Agreement.
12.2 Insofar as rules of mandatory legal provisions do not prescribe otherwise, all disputes which might arise by reason of the Agreement will be submitted to the Dutch court of competent jurisdiction in the district where EcomMedics has its registered office.
12.3 If a provision of these General Terms and Conditions appears to be null and void, then this will not affect the validity of the entire General Terms and Conditions. Parties will in that event record a new provision (new provisions) to serve as a replacement, with which the intention of the original provision within the law will be implemented as much as possible.
12.4 The phrase “in writing” in these General Terms and Conditions also means communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently certain.
Should you have any questions, complaints or remarks after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by email.
EcomMedics is part of: EcomBizz BV
7418 BT Deventer
Telephone: +31 10 258 10 05
VAT No.: NL819003888B01