Terms and Conditions - Businesses 

Chamber of Commerce number: 66210402
VAT identification number: NL856444005B01

 

From: thermapen.nl
Located and maintaining its principal place of business in: Zeewolde

Hereinafter referred to as the user.

Article 1. Definitions
In these terms and conditions, the following terms shall have the following meanings:
‘user’: the user of these terms and conditions;
‘non-consumer’: a client acting in the course of a business or profession;
‘buyer’: non-consumer

Article 2. Applicability of these Terms and Conditions
1. These Terms and Conditions apply to every offer and every agreement between the User and the Buyer to which the User has declared these Terms and Conditions applicable, insofar as the parties have not expressly deviated from these Terms and Conditions in writing.
2. These Terms and Conditions also apply to agreements with the User for the performance of which third parties must be engaged.

Article 3. Quotations
1. All quotations issued by the User remain valid for a maximum period of 30 days.
2. Notwithstanding the provisions of Article 6:225(2) of the Dutch Civil Code, the User is not bound by any deviations from the User’s quotation contained in the potential buyer’s acceptance.
3. Delivery times and other deadlines for services to be performed by the User stated in the User’s quotations are approximate and for informational purposes only; exceeding them does not entitle the potential buyer to compensation or termination.
4. Unless otherwise stated, prices quoted by the user are based on performance during normal working hours and exclude transportation, packaging, delivery, and installation costs, VAT, and other government levies.
5. In the case of a composite quotation, we are under no obligation to deliver a portion of the items included in the offer for and in accordance with a portion of the quoted price, nor does our offer automatically apply to subsequent orders.
6. The user is only bound by its quotation if the potential buyer confirms acceptance thereof in writing within 30 days. The prices stated in a quotation are exclusive of VAT, unless otherwise indicated.

Article 4. Delivery
1. Unless otherwise agreed, delivery shall be made from the Zeewolde office.
2. The buyer is obligated to accept the purchased goods at the time they are delivered to the buyer or at the time they are made available to the buyer in accordance with the agreement.
3. If the buyer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the goods will be stored at the buyer’s risk. In that case, the buyer will be liable for all additional costs, including, in any event, storage costs. We charge 15% of the purchase price for this.

Article 5. Delivery Time
1. The delivery times specified by the User are approximate and do not constitute strict deadlines.
2. In the event of late delivery, the Buyer must give the User written notice of default and set a reasonable deadline for the User to fulfill its obligations.
3. The delivery time specified by the User does not commence until the User has received all necessary information.

Article 6. Partial Delivery
The User is permitted to deliver the goods sold in partial shipments. This does not apply if a partial shipment has no independent value. If the goods are delivered in partial shipments, the User is authorized to invoice each shipment separately.

Article 7 Technical Requirements, etc.
1. If the goods to be delivered in the Netherlands are to be used outside the Netherlands, the user is responsible for ensuring that the goods to be delivered comply with the technical requirements or standards set by the laws or regulations of the country where the goods are to be used, but only if the intended use abroad was expressly stated in writing at the time the purchase agreement was concluded.
2. All other technical requirements imposed by the buyer on the goods to be delivered that deviate from the normally applicable requirements must be expressly stated by the buyer upon conclusion of the purchase agreement.

Article 8. Termination of the Agreement.
1. An agreement between the user and a buyer may be terminated immediately in the following cases:
a. If, after the conclusion of the agreement, circumstances come to the user’s attention that give the user good reason to fear that the buyer will not fulfill his obligations;
b. If, upon conclusion of the agreement, the user has requested the buyer to provide security for performance and such security is not provided or is insufficient despite a demand.
c. In the aforementioned cases, the user is authorized to suspend further performance of the agreement or to terminate the agreement, all without prejudice to the user’s right to claim damages.
2. If circumstances arise regarding persons and/or materials that the user employs or customarily employs in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so onerous and/or disproportionately costly that compliance with the agreement can no longer reasonably be expected, the user is entitled to terminate the agreement.
3. If none of the above reasons apply, the purchase may only be terminated by paying a 10% cancellation fee.

Article 9. Warranty
1. The User warrants that the goods sold by it are free from material, design, and manufacturing defects for a period of at least 1 month following delivery of used goods. For new goods, the User guarantees a period of 12 months, unless clearly deviated from in writing.
2. If the warranty referred to in paragraph 1 applies and the delivered goods exhibit a defect, the User is obligated to repair the goods within 30 days after the Buyer has reported the defect to the User in writing.
3. The warranty does not apply if damage results from improper handling or failure to follow instructions correctly.
4. If the warranty concerns a product manufactured by a third party, the warranty is limited to the warranty provided by the relevant manufacturer for that product.

Article 10. Retention of Title
1. All goods delivered by the User remain the property of the User until the Buyer has fulfilled all obligations arising from all agreements concluded with the User.
2. Goods delivered by the User, which are subject to retention of title pursuant to paragraph 1, may only be resold in the ordinary course of business and may never be used as a means of payment.
3. The Buyer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
4. The buyer hereby unconditionally and irrevocably grants the seller, or a third party designated by the seller, permission to enter any location where the seller’s property is located and to remove such goods from there in all cases where the seller wishes to exercise its ownership rights.
5. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obligated to notify the User of this as soon as may reasonably be expected.
6. The buyer is obligated to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection upon first request.

Article 11. Defects; Complaint Deadlines
1. The buyer must inspect the purchased goods upon delivery or as soon as possible thereafter. In doing so, the buyer must verify whether the delivered goods comply with the agreement, namely:
a. Whether the delivered goods correspond to the agreed quantity;
b. Whether the delivered goods meet the agreed quality requirements or, in the absence thereof, the requirements that may be set for normal use and/or commercial purposes.
2. If visible defects or shortages are found, the buyer must report these to the user in writing within 3 days of delivery.
3. The buyer must report non-visible defects in writing within 8 days of discovery.
4. Even if the other party files a complaint in a timely manner, its obligation to pay for and accept orders placed remains in effect.
5. Goods may only be returned to the user with prior written consent.
6. All communication regarding defects, etc., must be reported in writing and by certified mail.

Article 13. Price / Price Increase
1. Unless expressly stated otherwise, the prices we quote apply:
a. In Dutch currency
b. Excluding VAT
c. Based on the minimum quantities used by the customer
d. Excluding shipping costs
e. Ex warehouse
f. Payment in advance upon ordering

2. If the seller agrees on a specific price with the buyer, the seller is nevertheless entitled to increase the price if the seller can demonstrate that significant price changes have occurred between the time of the offer and delivery with respect to raw materials, currency, and/or wages, or due to other unforeseen circumstances.
3. If the price increase exceeds 10%, the buyer has the right to terminate the agreement.

Article 14. Payment
1. Payment shall generally be made in advance by bank transfer.
2. If payment by bank transfer has been agreed upon, payment must be made no later than 14 days after the invoice date, in the manner specified by the user and in the currency in which the invoice is issued.
3. Upon the expiration of 14 days following the invoice date, the buyer is legally in default; from the moment of default, the buyer owes interest on the amount due at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies.
4. In the event of the buyer’s liquidation, bankruptcy, or suspension of payments, the user’s claims and the buyer’s obligations toward the user shall become immediately due and payable.
5. Payment must be made without any discount or set-off.
6. Payments made by the buyer shall first be applied to settle all interest and costs owed, and secondly to settle the longest-outstanding invoices, even if the buyer states that the payment relates to a later invoice.

Article 15. Collection Costs
1. If the buyer is in default or fails to fulfill one or more of its obligations, all judicial and extrajudicial costs incurred in obtaining payment shall be borne by the buyer. In any case, the buyer shall owe:
a. On the first 3,000.00 euros: 15%
b. On the amount exceeding 3,000.00 euros up to 6,000.00 euros: 10%
c. On the amount exceeding 6,000.00 euros up to 150,000.00 euros: 8%
d. On the amount exceeding 150,000.00 euros up to 600,000.00 euros: 5%
e. On the amount exceeding 600,000.00 euros: 3%
2. If the user demonstrates that they incurred higher costs that were reasonably necessary, these costs are also eligible for reimbursement.

Article 16. Liability
The User is liable to the buyer exclusively in the following manner:
1. Liability for damage resulting from defects in delivered goods is governed exclusively by the provisions set forth in these terms and conditions.
2. The User is liable only if the damage was caused by the User’s or its subordinates’ willful misconduct or gross negligence;
2. The User assumes no liability whatsoever for theft of the housing and contents or for construction work performed by the buyer.
4. The User’s liability is limited to the amount of the payment to be made by the User’s insurer in the case in question.
5. If the insurance does not provide coverage in any case or does not pay out, and the user is liable, the user’s liability is limited to twice the invoice value of the transaction, or at least that portion of the transaction to which the liability relates.

Article 17. Force Majeure
1. In these general terms and conditions, “force majeure” is understood to mean, in addition to what is understood by that term in law and case law, all external causes, whether foreseeable or unforeseeable, over which the user has no control, but which prevent the user from fulfilling its obligations, including strikes at the user’s place of business.
2. During a force majeure event, the User’s delivery and other obligations are suspended. If the period during which the User is unable to fulfill its obligations due to force majeure exceeds two months, both parties are entitled to terminate the agreement, in which case there is no obligation to pay compensation.
3. If, upon the occurrence of the force majeure, the user has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately, and the buyer is obligated to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

Article 18. Dispute Resolution
The court in the user’s place of residence has exclusive jurisdiction to hear disputes, unless the small claims court has jurisdiction. Nevertheless, the user has the right to sue the other party before the court with jurisdiction under the law.

Article 19. Governing Law
All agreements between the user and the buyer are governed by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

Article 20. Amendments and Availability of the Terms and Conditions
These terms and conditions have been filed with the Chamber of Commerce in Lelystad.
The most recently filed version, or the version in effect at the time the transaction in question was concluded, shall always apply.

 

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Terms and Conditions - Consumers

 

CONTENTS

 ARTICLE 1 - Definitions 1

ARTICLE 2 - Identity of the Business Owner 2

ARTICLE 3 - Applicability 2

ARTICLE 4 - The Offer 3

ARTICLE 5 - The Agreement 4

ARTICLE 6 - Right of Withdrawal 4

ARTICLE 7 - Costs in the event of withdrawal 5

ARTICLE 8 - Exclusion of the Right of Withdrawal 5

ARTICLE 9 - Price 5

ARTICLE 10 - Conformity and Warranty 6

ARTICLE 11 - Delivery and Performance 6

ARTICLE 12 - Duration Transactions 7

ARTICLE 13 - Payment 7

ARTICLE 14 - Complaints Procedure 7

ARTICLE 15 - Disputes 8

ARTICLE 16 - Additional or Deviating Provisions 8

 

ARTICLE 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Business: a natural or legal person that offers products and/or services to consumers through distance selling;

Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business;

Distance contract: a contract concluded within the framework of a system organized by the business for the distance sale of products and/or services,

until the agreement is concluded, use is made exclusively of one or

more remote communication techniques;

Remote communication technology: a tool that can be used for concluding

of a contract, without the consumer and the business having met in person at the same time and in the same place;

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Right of withdrawal: the consumer’s right to cancel a distance contract within the cooling-off period;

Day: calendar day;

Continuing transaction: a distance contract relating to a series of products and/or services, under which the obligation to deliver and/or purchase is spread out over time;

Durable medium: any medium that enables a consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information

 

ARTICLE 2 - Identity of the Business

036-2020909, weekdays 9:00 AM–4:00 PM

service@thermapen.nl

Chamber of Commerce number: 66210402

VAT ID number: NL856444005B01

 

 

ARTICLE 3 – Applicability

 1. These terms and conditions apply to every offer made by the business and

to any distance contract concluded between a business and a consumer.

2. Before the distance contract is concluded, the text of this

Terms and conditions made available to consumers. If this

if this is not reasonably possible, then before the distance contract is concluded,

it must be stated that the terms and conditions are available for review at the business’s premises and

they will be sent free of charge as soon as possible at the consumer’s request.

3. If the distance contract is concluded electronically, notwithstanding

the preceding paragraph and before the distance contract is concluded, the text of this

making the terms and conditions available to the consumer electronically

be presented in such a way that consumers can easily

can be stored on a durable medium. If this

if this is not reasonably possible, then before the distance contract is concluded,

specify where the terms and conditions can be accessed electronically

are acknowledged, and that, at the consumer’s request, they may be provided electronically

will be sent free of charge by mail or other means.

4. In the event that, in addition to these general terms and conditions, specific product or

the terms and conditions of service apply, the second and third paragraphs of

applied mutatis mutandis, and in the event of a conflict, the consumer may

terms and conditions, he may always invoke the applicable provision that is most favorable to him

is most favorable.

 

ARTICLE 4 - The Offer

 1. If an offer is valid for a limited time or is subject to certain conditions,

this is explicitly stated in the offer.

2. The offer contains a complete and accurate description of the item being offered

products and/or services. The description is sufficiently detailed to provide a good

enable consumers to evaluate the offer. If the business

If images are used, they are a true representation of the

products and/or services offered. Obvious mistakes or errors in the offer

are not binding on the business owner.

3. Each offer must include sufficient information to make it clear to the consumer what the

the rights and obligations associated with the acceptance of the offer.

This applies in particular to:

− the price including taxes;

− any delivery charges;

− the manner in which the agreement will be concluded and what actions

required for that;

− whether or not the right of withdrawal applies;

− the method of payment, delivery, or performance of the agreement;

− the deadline for accepting the offer, or the deadline for the offer to stand

discount;

− the rate for remote communication if the costs of the

costs associated with the use of remote communication technology are calculated on a

a basis other than the base rate;

− if the agreement is archived after it is concluded, how

is available for consumers to consult;

− the manner in which the consumer was informed by

become aware of actions he did not want to take, as well as the manner in which

whereupon he may remedy it before the contract is concluded;

− any languages in which, in addition to Dutch, the agreement may be

closed;

− the codes of conduct to which the business owner has agreed to adhere and the manner in which

where consumers can access these codes of conduct electronically;

and

− the minimum term of the distance contract in the case of a contract

that provides for the continuous or periodic supply of goods or services.

 

ARTICLE 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded on the

the moment the consumer accepts the offer and fulfills the

the conditions set forth therein.

2. If the consumer has accepted the offer electronically, the

the entrepreneur shall immediately confirm receipt of the acceptance of

the offer. Until receipt of this acceptance has been confirmed, the

the consumer may terminate the agreement.

3. If the agreement is concluded electronically, the business shall take appropriate

technical and organizational measures to secure the electronic

transfers data and ensures a secure web environment. If the consumer

If a customer can pay electronically, the business must implement appropriate security measures

take into account.

4. The business owner may—within the limits of the law—determine whether the

whether the consumer is able to meet his payment obligations, as well as all such facts and

factors that are important for entering into the agreement in a responsible manner

cancellation. If, based on this investigation, the business has valid grounds to

If he chooses not to enter into the agreement, he is entitled to reject an order or request, stating his reasons

to refuse or to impose special conditions on its implementation.

5. The business shall provide the consumer with the following information along with the product or service,

in writing or in such a way that the consumer can access it

can be saved on a durable medium, please include:

a. the business address of the business location where the consumer

can file a complaint;

b. the conditions under which and the manner in which the consumer may

exercise the right of withdrawal, or a clear statement regarding the

are excluded from the right of withdrawal;

c. information about existing after-sales service and warranties;

d. the information set forth in Article 4(3) of these terms and conditions, unless the

if the business has already provided this information to the consumer prior to performance

of the agreement;

e. the requirements for terminating the agreement if the agreement has a fixed term

is for a period of more than one year or is indefinite.

6. If the business has agreed to supply a series of products or

In the case of services, the provision in the preceding paragraph applies only to the first supply.

 

ARTICLE 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the contract

terminate without giving any reason for at least fourteen days. This

The period begins on the day after the product is received by or on behalf of the consumer.

2. During this period, the consumer shall handle the product with care and the

packaging. He shall unpack or use the product only to the extent that

necessary to determine whether he wishes to keep the product. If he

If the customer exercises their right of withdrawal, they must return the product along with all accessories

accessories and—if reasonably possible—in their original condition and packaging

return to the merchant, in accordance with the reasonable and

clear instructions.

When providing services:

3. When services are provided, the consumer has the option to cancel the contract without

the right to cancel the contract within at least fourteen days, starting on the

the date on which the agreement was entered into.

4. To exercise their right of withdrawal, the consumer must follow the

provided by the business owner in the offer and/or, at the latest, upon delivery

reasonable and clear instructions.

 

 

ARTICLE 7 - Costs in the event of withdrawal

 1. If the consumer exercises their right of withdrawal, the maximum amount that will be refunded is

The customer is responsible for the return shipping costs.

2. If the consumer has paid an amount, the business will refund this amount as soon as possible

We will refund you as soon as possible, but no later than 30 days after the return or cancellation.

 

ARTICLE 8 - Exclusion of the Right of Withdrawal

 1. If the consumer does not have a right of withdrawal, the business may exclude this right only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.

2. The right of withdrawal may be excluded only for products:

a. that have been created by the business in accordance with the specifications of the

consumer;

b. that are clearly of a personal nature;

c. that, by their nature, cannot be returned;

d. that are prone to spoilage or deterioration;

e. the price of which is subject to fluctuations in the financial market on which the

the entrepreneur has no influence over;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software for which the consumer has

has broken the seal.

3. The right of withdrawal may be excluded only for services:

a. regarding accommodation, transportation, restaurant services, or recreational activities to be provided at

on a specific date or during a specific period;

b. the delivery of which has begun with the consumer’s express consent

before the cooling-off period has expired;

c. regarding betting and lotteries.

 

ARTICLE 9 - The Price

 1. During the validity period specified in the offer, the prices of the

the prices of the products and/or services offered will not be increased, except for price changes such as

as a result of changes in VAT rates.

2. Notwithstanding the preceding paragraph, the business may refuse to provide products or services for which the

prices are subject to fluctuations in the financial market and where the

over which the business owner has no control, at variable prices. This dependency

subject to fluctuations and the fact that any prices listed are approximate

as stated in the offer.

3. Price increases within 3 months of the conclusion of the agreement are

are permitted only if they result from statutory regulations or provisions.

4. Price increases effective 3 months after the agreement is entered into are

is permitted only if the business has stipulated this and:

a. result from statutory regulations or provisions; or

b. the consumer has the right to terminate the contract effective as of the date

on which the price increase takes effect.

5. The prices listed in the product or service offering include VAT.

 

ARTICLE 10 - Conformity and Warranty

 1. The business owner guarantees that the products and/or services comply with the

the agreement, the specifications set forth in the offer, and the reasonable requirements of

soundness and/or usability and the, as of the date of the conclusion of the

in accordance with applicable legal provisions and/or government regulations.

2. A warranty program offered by the business owner, manufacturer, or importer

does not affect the consumer’s rights and claims arising from a breach

in the performance of the business owner’s obligations toward the business owner

exercise their rights under the law and/or the distance contract.

 

ARTICLE 11 - Delivery and Performance

 1. The business owner will exercise the utmost care when

receive and process orders for products and in the

review of applications for the provision of services.

2. The place of delivery is the address that the consumer has provided to the company

made.

3. Subject to the provisions of Article 4 of these general terms and conditions

as stated, the company will fulfill accepted orders as promptly as possible, but no later than

within 30 days, unless a longer delivery period has been agreed upon. If the

delivery is delayed, or if an order is not delivered or is only

can be partially fulfilled, the consumer will be notified of this no later than one month

after placing the order. In that case, the consumer has the right

to terminate the agreement at no cost and to be entitled to any compensation.

4. In the event of termination in accordance with the preceding paragraph, the business owner shall refund the amount that the

the consumer has paid as soon as possible, but no later than 30 days after

cancellation, refund.

5. If delivery of an ordered product proves impossible, the merchant will

make every effort to provide a replacement item. No later than

It will be clearly and understandably stated that a replacement

The item will be delivered. In the case of replacement items, the right of withdrawal cannot be exercised

excluded. The costs of return shipping are borne by the merchant.

6. The risk of damage to and/or loss of products remains with the seller until the moment of

delivery to the consumer at the business’s location, unless expressly stated otherwise

agreed.

 

ARTICLE 12 – Duration Transactions

 1. The consumer may terminate a contract entered into for an indefinite period at any time

terminate the contract in accordance with the agreed termination rules and a

a notice period of no more than one month.

2. A fixed-term contract has a maximum term of

two years. If it has been agreed that, in the absence of a response from the consumer, the

If the distance contract is renewed, the contract will continue

as a permanent contract, and the notice period following the continuation of

the term of the agreement may not exceed one month.

ARTICLE 13 – Payment

 1. Unless otherwise agreed at a later date, the amounts owed by the consumer

amounts must be paid within fourteen days of delivery of the goods or, in the event that

of a contract for the provision of a service, within 14 days of the issuance of the

this agreement regarding documents.

2. When selling products to consumers, general terms and conditions must never

an advance payment of more than 50% may be required. If an advance payment is

if this has been stipulated, the consumer may not assert any rights regarding the performance of

the relevant order or service(s) before the agreed advance payment has been made

took place.

3. The consumer is obligated to report any inaccuracies in the payment information provided or listed

notify the business owner immediately.

4. In the event of default by the consumer, the business owner shall, subject to statutory provisions,

restrictions, the right to reasonable costs disclosed to the consumer in advance

to charge. 

 

ARTICLE 14 – Complaints Procedure

 1. The business has a clearly communicated complaint procedure and handles complaints in accordance with this procedure.

2. Complaints regarding the performance of the contract must be submitted to the business in a timely manner, in full, and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the business will be responded to within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

 

ARTICLE 15 - Disputes

 1. These general terms and conditions apply to agreements between the business and the consumer

Dutch law shall apply exclusively to these terms and conditions.

 

ARTICLE 16 - Additional or Deviating Provisions

 

Any additional provisions or provisions that deviate from these general terms and conditions shall not

may be to the consumer’s disadvantage and must be set forth in writing or in such a manner

in such a way that consumers can easily save them on

a durable data storage medium.