General terms and conditions and extensive delivery conditions (par 15) – Peter-Instru-Med.com

 

 

 

Index:

 

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 extra guarantee

 

Article 13 – Delivery and implementation

 

Article 14 – Duration transactions: duration, cancellation and extension

 

Article 15 – Payment

 

Article 16 – Complaints procedure

 

Article 17 – Disputes

 

Article 18 – Additional or deviating provisions

 

 

 

Article 1 – Definitions

 

In these conditions the following terms have the following meanings:

 

1.                              Additional agreement : an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2.                              Reflection 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 day;
5.                              Digital content : data that is 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 medium : any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates 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;
8.                              Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
9.                              Entrepreneur : the natural or legal person who offers products to consumers from a distance;
10.                          Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products whereby, up to and including the conclusion of the agreement, one or more communication techniques are used exclusively or in part. at a distance;
11.                          Model form for withdrawal : the European model form for withdrawal included in Appendix I of these terms and conditions. Annex I does not need to be made available if the consumer does not have a 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 entrepreneur having to be in the same room at the same time.

 

 Article 2 – Identity of the entrepreneur

 

Peter-Instru-Med.com part of SKCP in Heerlen
De Mullender 46, 6419 EZ Heerlen The Netherlands info[@]Peter-Instru-Med.com Chamber of Commerce number : 51660563 VAT identification number : NL 00122 . 7207 . B18

 

Article 3 – Applicability

 

1.                              These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
2.                              Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, 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 consumer.
3.                              If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer 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 at the request of the consumer electronically or otherwise.
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 rely on the applicable provision that is most favorable to him. .

 

 Article 4 – The offer  

 

1.                              If an offer has a limited period of validity or is made 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 consumer to make a proper assessment of the offer. 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 are not binding for the entrepreneur.
3.                              Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

 Article 5 – The agreement

 

1.                              Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2.                              If the consumer has accepted the offer electronically, the trader 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 consumer can dissolve the agreement.
3.                              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 consumer can pay electronically, the entrepreneur will take appropriate security measures.
4.                              Within the legal frameworks, the entrepreneur can – inform himself 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, 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.
5.                              At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6.                              the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
7.                              the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8.                              information about guarantees and existing service after purchase;
9.                              the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
10.                          the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
11.                          if the consumer has a right of withdrawal, the model withdrawal form.
12.                          In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

 

 

Article 6 – Right of withdrawal
For products:

 

1.                              The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
2.                              The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3.                              if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
4.                              if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

 

1.                              in the case of contracts for regular delivery of products 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 that is not supplied on a tangible medium:

 

3.                              The consumer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
4.                              The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

 

 Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

 

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

 

 Article 7 – Obligations of the consumer during the reflection period  

 

1.                              During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2.                              The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3.                              The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at 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 must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2.                              As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he sends back the product before the reflection period has expired.
3.                              The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4.                              The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5.                              The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6.                              If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

 Article 9 – Obligations of the entrepreneur in case of withdrawal

 

1.                              If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2.                              The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay 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 with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3.                              The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge 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 repay the additional costs for the more expensive method.

 

 

 

Article 10 – Exclusion of right of withdrawal  

 

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

 

 Article 11 – The price  

 

1.                              The prices stated in the offer of products include VAT.

 

 Article 12 – Fulfillment of the agreement and extra guarantee  

 

1.                              The entrepreneur guarantees that the products and / or services 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2.                              An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3.                              An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

 

 Article 13 – Delivery and implementation  

 

1.                              The entrepreneur 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 makes known to the entrepreneur.
3.                              With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs
4.                              After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
5.                              The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

 

 

 

Additional Delivery Conditions.

 

Peters-Instru-Med is part of SKCP and located in Heerlen, The Netherlands; registered under Chamber of Commerce number: 51660563 Showroom and pick up address of Peters-Instru-Med is De Mullender 46 , 6419 EZ Heerlen . Email: info[@]Peter-Instru-Med.com.

 

 

Peters-Instru-Med is specialized in the sale of ‘top quality’ new and used goods for medical purposes.
All our products are cleaned specialist, checked for defects and, where necessary, professionally repaired so that the products meet all functional requirements.

 

Unavoidable with our products are possible traces of previous use. Any cosmetic damage or functional incompleteness is always stated in the product description so that it is known in advance what you can expect from our products. 

 

Despite the utmost care that we take on our products, imperfections can never be ruled out. Peters-Instru-Med does not give a return guarantee on products with traces of use.

 

To avoid disappointment and discussion afterwards, you can of course view all our products prior to your purchase during the showroom opening hours of Thursday, Friday and Saturday. Pay attention; There will be for a possible. viewing no products reserved.

 

Packaging and preparing for shipment of the products you have purchased can take one to two weeks. The final and exact delivery date is determined by the mode of transport you have chosen.

 

Peters-Instru-Med offers transport service for a limited number of products that you can use at the transport costs and conditions determined and applicable at that time by the carrier.

 

You can pick up products in our showroom in Heerlen on the specified collection days. Of course you can also call in a transport company of your choice and at a cost that collects the products in our showroom and delivers them to your home.

 

For transport damage by the carrier or transport damage added by own transport Peters-Instru-Med does not take any responsibility, refund of the purchase amount or take back obligation.

 

Collection days at the Peters-Instru-Med showroom are Thursday, Friday and Saturday from 11 a.m. to 3 p.m.

 

In case of different collection times or days, please consult Peters-Instru-Med by contacting us at info[@]Peter-Instru-Med.com . 

 

By law, our general terms and conditions apply, which you can find under ‘general terms and conditions’.

 

You can contact Peter-Instru-Med.com by mail; info[@]Peter-Instru-Med.com. We will answer your questions or messages as soon as possible.     

 

 The management of Peter-Instru-Med.com 

 

Article 15 – Payment  

 

Article 16 – Complaints procedure  

 

1.                              The entrepreneur has a well-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 consumer 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
4.                              The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute settlement.

 

Article 17 – Disputes  

 

1.                              Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

 

 Article 18 – Additional or deviating provisions  

 

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

 

 

 

Appendix I: Model form for withdrawal

 

 Model withdrawal form

 

 (only complete and return this form if you wish to cancel the contract)

 

•                                 To: [name of entrepreneur]

 

[geographic address entrepreneur]

 

[fax number entrepreneur, if available]

 

[e-mail address or electronic address of the entrepreneur]

 

•                                 I / We * share / share * hereby inform you that I / we * regarding our agreement

 

the sale of the following products:  [prodcut discription] *

 

the delivery of the following digital content: [indication of digital content]  *

 

the provision of the following service: [specification of service]  * 

 

revoked / revoked *

 

Ordered on * / received on * [date of order for services or receipt for products]

 

•                                 [Name of consumer (s)]

 

•                                 [Address of consumer (s)]

 

•                                 [Signature of consumer (s)] (only if this form is submitted on paper)

 

* Delete what does not apply or fill in what applies

 

end of document