The English version is for informational purposes only. The Dutch version of the General Terms and Conditions is legally binding.
Application and Entire Agreement
These General Terms and Conditions apply to the purchase of goods by the buyer (You) as stated on the quotation from Facetmedi B.V., a company registered in the Netherlands with number 14111632 located at Sibbergrubbe 7, 6301 AA, Valkenburg, The Netherlands (we or us).
Representative of Facetmedi B.V. is mr. A. Herveille.
These General Terms and Conditions are accepted by you when you accept them or the quotation or upon ordering or from the time of delivery of our goods.
The quotation and order form refer to the General Terms and Conditions on our website www.facetmedi.com. The buyer declares to have taken note of these and that they are applicable. The General Terms and Conditions form an integral part of the agreement concluded with you from acceptance.
If one or more conditions are not relevant, this will not affect the application as a whole. We do not accept deviating terms and conditions of the buyer, even if we cannot expressly contradict them.
Dutch law applies exclusively.
Application of the Vienna Sales Convention (CISG) is expressly excluded.
The sale only takes place to registered companies, healthcare institutions, partnerships, natural persons and freelancers who use the goods in the exercise of their healthcare-related professional activity.
All prices are net prices in euros plus the statutory sales tax applicable in the country of receipt. The prices are stated in the quotations and invoices, as well as in the catalog and on the website. All prices are subject to change.
We reserve the right to cancel or not confirm orders if there are typos or automation errors in the price.
We are entitled to increase the sale price if the materials used for manufacturing, wages, exchange rates and shipping costs increase beyond our control. You will be informed about this.
All prices are exclusive of packaging costs and shipping costs. These are stated separately on the quotation and invoice.
VAT-free intra-Community deliveries are made within the European Union if the buyer has a valid VAT number. If not, the statutory VAT applicable in the receiving country will be added to the invoice amount.
If the delivery takes place outside the European Union, no VAT will be charged. The buyer may have to pay the VAT himself. Deliveries with the condition Delivered Duty Paid (DDP) are an exception to this.
Deliveries In the Netherlands where Facetmedi B.V. is established, take place exclusive of 21% VAT.
Payment, payment terms and retention of title
Payment takes place:
- via bank transfer, credit card or online banking
- in euros without the possibility of negotiation and obtaining a discount
- within 7 days from invoice date or otherwise agreed in writing
- payment always takes place before delivery of the goods
- in case of default, the default interest will be charged at 4% above the respective discount rate of the Dutch Central Bank
- if payment is not made on time, we are always entitled to cancel the order unilaterally without additional costs
- this also applies in the event of bankruptcy of the buyer and in the event of violation of the contractual agreements of which these general terms and conditions form part
- the goods are delivered against payment in advance or cash on delivery
- the goods remain our property until paid in full
- for resellers the extended retention of title applies
Delivery takes place at the delivery address stated by the buyer.
For the Netherlands, Europe and the rest of the world, the shipping costs as included in the price list apply.
The delivery time is indicative and therefore not guaranteed.
In consultation we can deliver the goods in installments, which are invoiced and paid separately. Each term is a separate contract. Cancellation of a subsequent installment and payment is not possible in this context.
When the goods are transferred to a transport company, the risk of destruction or damage passes to the buyer.
Inspection and acceptance of the goods
Immediately upon receipt of the ordered goods, you are expected to inspect them for manufacturing defects.
In the unlikely event that you notice this, you can inform us in writing with all the details within fourteen (14) days of receipt.
Right of return and exchange and warranty arrangement
We only accept returned goods with demonstrable manufacturing defects, as a result of which the goods can no longer or partially be used and have been inspected by the buyer.
We will then replace it in whole or in part at no cost.
An air bubble smaller than 2 millimeters in the silicone wearables is not a manufacturing defect and can therefore not be regarded as a defect and is therefore not covered by the (extended) warranty scheme.
This also applies to normal wear and tear due to prolonged and frequent use of the goods.
Returns can only be made in the original packaging, in an unused and salable condition.
This return policy lapses if you do not inform us correctly in writing, in the event of incorrect use by the buyer or end user, which leads to defects or if the goods are willfully damaged by you, your employees, intermediaries or any other third party.
We grant the right of return and full or partial replacement within fourteen (14) days from delivery date, as confirmed in writing by the transport company.
Exceptions to this are deliveries outside the European Union, custom products and all goods that have been modified or purchased in any way especially for your order. Full or partial replacement will take place in exceptional cases on the basis of goodwill.
Return shipments from outside the EU are at the expense of the buyer.
Extended warranty scheme
Return and full and partial replacement after fourteen (14) days is only possible after consultation and with permission from us.
The extended warranty scheme applies for this until one (1) year after the delivery date.
This regulation only covers demonstrable manufacturing faults with a later manifestation date.
This is only at our discretion on the basis of the evidence provided and provided by the buyer.
The buyer cannot appeal against our decision.
The buyer cannot claim any financial compensation whatsoever or derive any right to full or partial replacement of the goods within the framework of the extended warranty scheme.
We reserve the right to make product changes without notice for the purpose of product improvement.
These product improvements do not affect the agreement with the buyer and are reasonable.
The goods are intended for care-related actions and operations in the context of simulation training.
The buyer and user are responsible for the correct application of the goods. Rental and commercial lending are prohibited.
We accept no liability for any damage resulting from the use of the goods.
We are also not liable for damage resulting from incomplete, delayed or incomplete delivery, insofar as this is caused by strike, fire, force majeure, natural disasters or delays in delivery by transport companies and suppliers.
This also applies to all malfunctions caused by circumstances beyond our control.
The preferred court for disputes is Limburg District Court, location Maastricht, the Netherlands.
We reserve the right to bring a dispute before a court in the place where the buyer is located.
This also applies if the buyer is located outside the Netherlands
