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ART. 1: APPLICABILITY
1. These general conditions apply to all our offers and to all agreements entered into by us, however named. In particular, these terms and conditions apply to contracts entered into by us for the delivery of goods to our buyers.
2. Where these general terms and conditions refer to “buyer” this should be understood to mean any natural or legal person, older than 12 years of age, who is in a contractual relationship with us, by virtue of a purchase or other type of agreement entered into with us, as well as any natural or legal person who wishes to enter into a purchase or other type of agreement with us.
3. Deviations from the provisions of these general terms and conditions may be made only and exclusively if and to the extent expressly agreed in writing.
4. If the buyer also refers to its general terms and conditions, the buyer’s terms and conditions do not apply. This is different only if and insofar as the applicability of the buyer’s terms and conditions has been expressly accepted by us in writing and insofar as the buyer’s terms and conditions do not conflict with the provisions of our general terms and conditions. Thus, should the buyer’s terms and conditions conflict with our terms and conditions, only the provisions of our terms and conditions shall apply. Any clause to the contrary in the buyer’s terms and conditions shall not alter the foregoing.
5. Where in these general terms and conditions reference is made to “(delivery of) goods” this shall also include the performance of services and work of any kind, meant in the broadest sense of the word.
6. These general terms and conditions are explicitly also applicable to (agreements to) perform services and work of any kind, meant in the broadest sense of the word.
ART. 2: THE OFFER.
1. The goods and/or services offered shall be clearly and truthfully depicted and/or described and as fully as reasonableness requires and the commercial intent shall be clearly apparent. If there is a limited period of validity of the offer, this limitation is clearly stated.
2. All offers of goods and/or services are subject to the general terms and conditions.
ART. 3: INFORMATION, ADVICE AND USE
1. Information and advice provided/offered by us are of a general nature and without obligation. Such information and opinions therefore do not bind us in any way, unless expressly and unambiguously provided to the contrary in writing.
2. Before using the delivered goods, the Buyer is obliged to read the manufacturer’s information and advice enclosed with the goods.
ART. 4: FORMATION OF THE AGREEMENT
1. The agreement to buy and sell is established at the moment we accept (confirm) an order given to us electronically (by e-mail) or by telephone. The order will be confirmed by us as soon as possible after receipt of the order either electronically (by e-mail) or by telephone.
2. The order confirmation sent by us to the buyer is deemed to fully and correctly reflect the contents 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.
3. Any contract of purchase and sale shall be subject to these general terms and conditions as if they were incorporated therein verbatim.
ART. 5: PRICES
1. All our prices include sales tax.
2. No price changes will be made after the conclusion of the agreement unless the change is due to a legal regulation or provision.
ART. 6: ORDERING AND DELIVERY
1. Deliveries of goods and/or services are made only upon express order, unless otherwise agreed between the company and the consumer.
2. That which is sent unsolicited may be kept by the consumer at will for no consideration or returned free of charge, unless there is an obvious mistake, or the dispatch is attributable to the consumer. In this case, and to the extent permitted by their nature, the consumer shall keep the goods and records at the company’s disposal. The consumer will do or refrain from doing all that is reasonable and fair.
3. The company will take the greatest possible care in receiving and executing orders for goods and in assessing requests for the provision of services.
4. The place of delivery shall be the residential address of the consumer last made known to the company, unless otherwise agreed.
5. The company will fulfill all accepted orders within the specified delivery times, provided that all data we need to fulfill the order are in our possession and we have received payment of the purchase price.
6. Delivery times are extended by the time during which the buyer has left any amount due, after it has become due, unpaid.
7. Delivery times may also be delayed if one or more items are (temporarily) out of stock. If an order cannot be fulfilled or partially fulfilled, the buyer will be notified in writing, via e-mail or by telephone.
8. If the buyer has to wait longer than 30 working days for the ordered item, then the buyer has the option to break the agreement free of charge.
9. In the event of late delivery, we must therefore be given written notice of default.
10. The risk of damage and/or loss of goods rests with the company until the time of delivery, unless otherwise agreed.11. Products shall be deemed delivered as soon as they have left Capsinol’s warehouse.
ART. 7: PAYMENT
1. The consumer undertakes to pay the purchase price with one of the payment options offered on the website.
2. The amounts owed by the consumer must be paid within fourteen days of placing the order.
3. If the consumer defaults in accordance with the above, the order will become void.
4. The consumer has the duty to immediately report inaccuracies in data provided or stated to the company.
5. Regulations of any authority whatsoever, which prevent the use of the goods to be delivered or already delivered, do not alter the monetary obligations of the buyer.
6. The buyer’s right to set off any claims he may have against us is excluded.
7. The entire purchase price shall in any case be immediately due and payable in the event of non-timely payment, if the buyer becomes bankrupt, applies for a suspension of payments, or his receivership is applied for, if any attachment is levied on the goods or receivables of the buyer, and if the buyer dies, goes into liquidation, or is dissolved.
ART. 8: SHIPPING COSTS
1. All prices do not include shipping costs.
ART. 9: ADVERTISING, CANCELLATION
1. If the item is unusable due to damage during shipping, or does not match what was ordered, the buyer has the option to return this item. However, the purchaser must notify Capsinol by registered mail or e-mail within 48 hours of receipt, clearly describing the complaint. The cost of returning items is always the responsibility of the buyer.
2. After the item has been reviewed by us, depending on the outcome of this review, the purchase price of the item in question will be refunded to the buyer.
3. The buyer must at all times give us the opportunity to repair any defect.
4. Defects and/or damage caused by injudicious or improper use of the items are excluded from the warranty. We are not liable for this.
5. Every right of claim of the buyer towards 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 specified in this article and/or not in the manner indicated therein;- the purchaser does not cooperate with us, or cooperates insufficiently, with respect to an investigation into the merits of the complaints;- the purchaser has used the goods in violation of the regulations, or at least in an abnormal manner;- the application and use of the goods, with respect to which the complaints have been expressed, are continued by the purchaser.
6. The buyer has the right to cancel the purchase without cost within 7 days of ordering. This should be done by registered mail or e-mail only.
7. If an order is not cancelled, or not cancelled within the period stipulated in art. 9.6, the buyer shall remain obliged to purchase and pay for the order. If the buyer defaults, the buyer may be charged for storage, reservation, interest and administration costs.
ART. 10: LIABILITY
1. By using this website, user declares that this is done at their own risk, and all responsibility related to the use of this website, and the products offered lies with the user.
2. 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 any guarantees be given in this regard.
3. All warranties regarding the items supplied by us lie with the manufacturer of the items in question.
4. Furthermore, we are not liable for consequential or trading losses, direct or indirect losses by whatever name, including loss of profit and losses due to standstill, suffered by the buyer, his employees and those employed by him or by third parties, as a result of full or partial (re)delivery of goods, delayed or faulty delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever resulting from legislation or regulations of the (foreign) country where the goods are delivered and/or of the (foreign) country where the buyer resides or is established and/or of the (foreign) country where the goods are used, deviating from the legislation or regulations in the Netherlands.
5. Subject to the provisions of Article 9.1 of these general terms and conditions, the buyer shall not be entitled to return the items about which there is no substantiated complaint. Should this nonetheless occur without valid reasons, all costs for shipment and return shipment are at the expense of the buyer. In that case, we are free to store the items at the buyer’s expense and risk.
ART. 11: SECURITY
1. We are entitled to require the buyer to provide security for the fulfillment of his obligations, especially also after the conclusion of the agreement. If the security required by us is not given, we may suspend the performance of our obligations and/or dissolve the contract without judicial intervention, without prejudice to the rights as they arise for us at common law.
ART. 12: FORCE MAJEURE
1. Force majeure is to be understood as any circumstance beyond our control that is of such a nature that compliance with the contract cannot reasonably be required of us (so-called non-attributable failure to perform).
2. Force majeure shall include: war, riots and hostilities of any kind, blockade, boycott, strike, natural disasters, epidemics, lack of raw materials, hindrance and interruption of transport possibilities, disturbances in our company or in the company of our suppliers, non-compliance by our suppliers with their obligations to us, import and export restrictions, impediments caused by measures, laws or decisions of international, national or regional (governmental) bodies.
3. If we are unable to fulfill the agreement (in a timely manner) due to force majeure, we have the right to execute the agreement at a later date or to consider the agreement dissolved, at our discretion.
4. In the event of force majeure, the buyer cannot claim compensation from us.
ART. 13: DISCONNECTION.
1. Whole or partial dissolution of the agreement shall be made by a written declaration of the person entitled to do so. Before the buyer addresses a written notice of dissolution to us, he will at all times first have to give us written notice of default and allow us a reasonable period of time to fulfill our obligations as yet or to remedy any shortcomings, which shortcomings the buyer must report precisely in writing.
2. Buyer shall not be entitled to rescind the agreement in whole or in part or to suspend its obligations if it has itself already defaulted on its obligations.
3. If we agree to dissolution, without there being any default on our part, we shall always be entitled to compensation for all pecuniary damage such as costs (shipping, packaging, etc.), loss of profit and reasonable costs of establishing damages and liability. In the event of partial dissolution, the buyer cannot claim any undoing of performances already performed by us, and we shall be fully entitled to payment for the performances already performed by us.
ART. 14: APPLICABLE LAW
1. All offers made by us and all agreements entered into by us are governed exclusively by Dutch law.
ART. 15: DISPUTE RESOLUTION
1. Buyer can report complaints to us via email info@capinol.nl. We will attempt to address and resolve complaints as soon as possible.
ART. 16: PRIVACY
1. Your personal data, as entered on the order form, will be kept carefully and discreetly by Capsinol.
2. Personal data will always be specifically requested from you and recorded by us only with your consent.
3. If you request us in writing to delete your data, this request will be honored.
4. The registered data cannot be viewed by third parties without your consent, nor will it be transferred to third parties without your consent, except in the event that: Capsinol is required to do so by law or if this is necessary to protect the rights of users of the Capsinol services or the rights of Capsinol.
5. The information you provide may be used to target commercial messages specifically to you.
Rehocare bv, Soest
Chamber of Commerce: 53312783
VAT no: NL850.834.053B.01
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