Terms and Conditions of Biocoherence, having its registered seat in Zeewolde, NL.
April 25, 2018
1.1 The General Conditions of Biocoherence apply on all offers for orders and agreements between Biocoherence and consumers and or companies. The condition are accesable for everyone and presented on the website of Biocoherence. We can send you a paper version of these conditions on request.
1.2 By ordering products via the website you acknowledge that you have read and agree with the general conditions. Biocoherence has the right to modifiy these conditions from time to time.
1.3 Unless agreed on paper, other general or specific conditions of third parties will not be accepted.
1.4 Biocoherence guarantees that the products delivered are in agreement with these conditions and the specific specifications.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of selling by distance Biocoherence will process orders within 30 days, unless a different delivery date has been agreed. If delivery within 30 days or else agreed delivery is possible (because the ordered is out of stock or no longer available), or there is other reasons for delay, or an order can not or only partially carried out, the consumer is notified within 1 month after placing the order and in that case he has the right to cancel the order without penalty.
2.3 The supply obligation Biocoherence, subject to proof, is fulfilled once Biocoherence delivered the products offered to the customer. For home delivery the report of the carrier, alleging refusal of acceptance, is the legal full proof of the delivery.
2.4 All dates on the website are indicative. All the time limits therefore are not legally binding.
3.1 Prices will not be increased within the duration of the offer, unless legal action is necessary or if the manufacturer interim price policies.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site are in Euros and excluding or including 6% or 21% VAT.
- Term View / right of withdrawal
4.1 If there is a consumer purchase, under the Act of Selling on Distance (Article 7: 5 BW), the buyer has the right (a part of) to return the goods within a period of 14 days without giving a reason. This period begins when the ordered goods are delivered. The customer is obliged, before proceeding to return, accordingly within the period of 14 days from receipt to notify in writing at Biocoherence. If the customer within the period of 14 days after receipt, has not been reported to use the legal right to return, then the purchase is a fact. During this period the consumer will treat the product and packaging carefully. He will unpack the product only to assess the nature, characteristics and functioning of the product. If he exercises his right of withdrawal, he will return the product within 28 days of receipt to the operator in accordance with the reasonable and clear instructions provided by the entrepreneur.
4.2 In case of lease of HRV Bodyguard, the following applies: The Customer is personally responsible for all equipment hired by him from the moment he or his attorney will receive it until the time that the material is sent by certified mail to Biocoherence, or personally handed in Biocoherence in Zeewolde. The Customer can not transfer his responsibilities towards Biocoherence to other third parties. The Customer must take the necessary measures to secure the material to transport, against all weather conditions, fire, loss and theft. The Customer acknowledges that he is a good family man and to handle the material with care. The Customer is not allowed the material to be available to third parties, transfer or lend on.
Biocoherence declares that the material is in good condition and working. Biocoherence undertakes to notify any minor defects or damage that constitute a danger for the proper functioning of the equipment to the Customer before signing for reception. The customer is responsible for inspection upon receipt and declares by signing the delivery note to have received all equipment in good condition. Complaints are not subsequently accepted. The Customer or a person authorized by the Customer must return all reserved equipment personally, or send by registered mail to Biocoherence. The Customer is not allowed himself to carry out repairs or alterations to the leased equipment. The Customer is obliged to report all damages to Biocoherence. All newly found defects and damages can be recovered from the Client.
If the Customer without notice fails to return a loaned device, Biocoherence can take the following measures:
– Note is taken for the late return of the equipment and the excess of the loan period and an additional rental is charged of € 35.00 incl VAT per day .
– Failure to submit the material, without notice and communication by the Customer of the reason, Biocoherence considers the material lost by the Customer from the third working day after the expiry of the loan period. The Customer is obliged to report the loss or theft at a competent police station and sends a copy of the declaration and the statement for submission to Biocoherence, no later than the first business day following the day of the loss or the theft of the equipment. In case of loss or theft is € 495,00 ex VAT 21% replacement cost charged. When involuntary or voluntary damage or destruction of the equipment during the rental period takes place, the Customer shall be responsible for the repair costs (minimum € 150,00 excl VAT 21%), and any additional costs Biocoherence arising during repair or replacement of the equipment. Invoices relating to expenses incurred in prior are prepared by Biocoherence and sent to the Customer.
4.3 Returns general
The customer must prove that the goods are returned on time, for example through a proof of postal delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods to the customer are used, encumbered or in any way corrupted retains Biocoherence has the right to charge depreciation. With regard to what is stated in the preceding sentence, Biocoherence shall within 14 days after receipt of the returned shipment or 14 days after proof of return (this is the proof of sending explicit reference to the content of the return), process the repayment. In return the entire purchase which will be the full purchase price including any calculated shipping and / or pay expenses cost is refunded to the customer. Upon return of only a portion of the received purchases, only the purchase price of the returned goods are returned. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery are never refundable. In the case goods are not accepted at the delivery address, or picked at at a collection point from the shipment company, and returned to / received back by Biocoherence, Biocoherence shall refund the purchase minus the shipping and payment costs.
4.4 The right of withdrawal does not apply to:
- service agreements, after the completion of the service, and only if the performance has begun with the express prior consent of the consumer and the consumer has declared that he will lose his right of withdrawal once the contract is fully performed by the trader;
- goods or services whose price depends on fluctuations in the financial market outside the supplier’s control, which may occur within the withdrawal period
- goods manufactured according to specifications of the consumer, such as customization, or clearly personalized character products whose durability within the grace period of 14 days has elapsed (decay).
- sealed products for health or sanitary reasons are not suitable to be returned, and of which the seal has been broken after delivery for goods or services that can not be returned because of their nature, such vm hygiene or deteriorate or expire rapidly.
5.2 Biocoherence respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Biocoherence sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.
- Warranty and conformity
6.1 The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions on the date of the conclusion of the agreement and / or government regulations.
6.2 A guarantee scheme offered by the trader, manufacturer or importer does not affect the rights and claims for consumers in respect of a failure to fulfill the obligations of the employer against the employer to claim under the law and / or the distance contract.
6.3 Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Biocoherence) notifies in writting within two months after discovery of the defect to Biocoherence. Return of Goods must be in original packaging (including accessories and documentation). Using the product after detection of failure, damage occurred after detection of failure, encumbrance and / or resale after detection of failure, removes the right to claim and return void.
6.4 If the customer complaints are accepted by Biocoherence, Biocoherence, will at consumers choice repair or replace the product free of charge. Any liability of Biocoherence for damage is limited to a maximum of the invoice amount of the relevant property, or (at Biocoherence) to the maximum in that case of the liability of Biocoherence is insured for. Any liability of Biocoherence for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 Biocoherence is not liable for damages caused intentionally or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) as long as the purchaser against Biocoherence is in default; B) the customer has repaired the delivered goods themselves and / or processed by third parties to repair / or edit. C) are exposed or otherwise careless handling or contrary to the instructions of Biocoherence and / or instructions on the package delivered to abnormal conditions;
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Biocoherence reserves the right to offer within 3 working days of receipt of such acceptance to revoke or to deviate.
7.3 Verbal agreements Biocoherence are valid only after they have been expressly confirmed in writing.
7.4 Offers of Biocoherence shall not apply automatically to repeat orders.
7.5 Biocoherence can not be held to its offer if the customer should have understood that the offer or any part thereof, an obvious mistake or error.
7.6 Additions, modifications and / or further agreements are effective only if in writing.
8.1 An agreement between Biocoherence and a customer becomes effective after an order by Biocoherence is assessed on feasibility.
8.2 Biocoherence reserves the right, without giving any reason not to accept orders or contracts or only to accept the condition that the shipment takes place on delivery or prepayment.
- Images and specifications
9.1 All images; photographs, drawings, etc .; eg data concerning weight, dimensions, colors, graphics, labels, etc. on the website of Biocoherence are only approximate, are indicative and may not lead to damages or rescission of the contract.
- Force Majeure
10.1 Biocoherence is not liable if and when she can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which she can not be at the risk of reasonableness. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, government measures, supply delay, negligence by suppliers and / or manufacturers of Biocoherence as well as from individuals, disease, defects in appliance or shipment count explicitly as force majeure.
10.3 Biocoherence reserves in case of force majeure to suspend the right for its obligations and is also entitled to terminate the contract in whole or in part, or to demand that the contents of the Agreement is amended as detailed as possible. In no event Biocoherence is obliged to pay any penalty or damages.
10.4 If Biocoherence at the time the force majeure already partially fulfilled its obligations or only partially fulfil its obligations it is she entitled to invoice the already delivered or deliverable part separately and the buyer is obliged to pay this invoice as it concerned a separate contract. This does not apply if the already delivered or deliverable part has no independent value.
11.1 Biocoherence is not liable for damage to any property or properties caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12.1 Ownership of all products sold and delivered from Biocoherence remains with Biocoherence Netherlands until the customer has paid the claims of Biocoherence Netherlands pursuant to the agreement, or prior or subsequent similar agreements as long as the buyer did not meet its obligations from this or similar agreements and as long as the buyer did not fulfil the claims of Biocoherence Netherlands relating to penalties, interest and costs, all as provided in Article 3:92 BW.
12.2 The Biocoherence delivered goods which are subject to retention of title may only part of normal business be sold and must never be used as payment.
12.3 The customer is not entitled to pledge under the title falling or encumber in any other way.
12.4 The customer gives unconditional and irrevocable consent to Biocoherence or a third party designated by Biocoherence, in all cases where Biocoherence will exercise its right to enter all those sites and locations where its property is then located and to assign and hold that business.
12.5 If third parties seize or establish rights or exercise right the products delivered under detention, the customer is obliged to inform Biocoherence as soon as reasonably may be expected.
12.6 The customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage and theft, and to show this policy of this insurance on first request for inspection to Biocoherence .
- Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Biocoherence and buyer, which can not be resolved by mutual agreement, the competent court within the district of Zeewolde knowledge unless Biocoherence prefers to submit the dispute to the competent court the residence of the purchaser, and with the exception of those disputes that fall under the jurisdiction of a magistrate.