Terms of service

Ivaris International B.V. (biabed.nl)

Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of the entrepreneur
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The contract
• Article 6 - Right of withdrawal
• Article 7 - Costs in case of withdrawal
• Article 8 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and execution
• Article 12 - Extended duration transactions: duration, termination, and renewal
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Extended duration transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill out when they wish to make use of their right of withdrawal;
8. Entrepreneur: the natural or legal person offering products and/or services to consumers from a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
10. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having come together in the same room at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Ivaris International B.V.
Turfweg 53, 3065AJ Rotterdam
Phone number: 010 322 00 39
Email address: info@ivaris.nl
Chamber of Commerce (KvK) number: 88719332
VAT identification number: NL864747111B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
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 accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision will immediately be replaced in mutual consultation by a provision that approximates the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

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 is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may — within legal frameworks — inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will enclose the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the physical address of the entrepreneur's place of business where the consumer can direct complaints;
   • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information on warranties and existing after-sales service;
   • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the contract;
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of an extended duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging```html

   Ivaris International B.V. (biabed.nl)

   Table of Contents

   • Article 1 - Definitions
   • Article 2 - Identity of the Trader
   • Article 3 - Applicability
   • Article 4 - The Offer
   • Article 5 - The Agreement
   • Article 6 - Right of Withdrawal
   • Article 7 - Costs in Case of Withdrawal
   • Article 8 - Exclusion of the Right of Withdrawal
   • Article 9 - The Price
   • Article 10 - Conformity and Guarantee
   • Article 11 - Delivery and Execution
   • Article 12 - Continuing Performance Transactions: Duration, Termination, and Extension
   • Article 13 - Payment
   • Article 14 - Complaints Procedure
   • Article 15 - Disputes
   • Article 16 - Additional or Derogating Provisions

   Article 1 - Definitions

   In these terms and conditions, the following definitions apply:

   1. Cooling-off period: the timeframe within which the consumer can make use of their right of withdrawal;
   2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
   3. Day: calendar day;
   4. Continuing performance transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
   5. Durable data carrier: any means that enables the consumer or trader to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
   6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
   7. Model form: the model withdrawal form made available by the trader that a consumer can fill out when wanting to exercise their right of withdrawal;
   8. Trader: the natural or legal person who offers products and/or services to consumers from a distance;
   9. Distance contract: an agreement under a system organized by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more techniques for distance communication;
   10. Technique for distance communication: means that can be used for concluding an agreement without the consumer and trader coming together in the same space at the same time;
   11. General Terms and Conditions: these present General Terms and Conditions of the trader.

   Article 2 - Identity of the Trader

   Ivaris International B.V.
   Turfweg 53, 3065AJ Rotterdam
   Phone number: 010 322 00 39
   Email address: info@ivaris.nl
   Chamber of Commerce (KvK) number: 88719332
   VAT identification number: NL864747111B01

   Article 3 - Applicability

   1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between trader and 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 reasonably impossible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that 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 previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be stored easily by the consumer on a durable data carrier. If this is reasonably impossible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
   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 accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
   5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these conditions will remain in force, and the provision concerned will immediately be replaced in mutual consultation by a provision that approaches the intent of the original as closely as possible.
   6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
   7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

   Article 4 - The Offer

   1. If an offer has a limited duration of validity or is subject to conditions, this will be explicitly stated in the offer.
   2. The offer is non-binding. The trader is entitled to modify and adapt the offer.
   3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
   4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
   5. Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.
   6. Each offer contains information that makes 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 contract is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
   2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
   3. If the contract is concluded electronically, the trader 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 trader will observe appropriate security measures for this purpose.
   4. The trader may—within statutory frameworks—inquire whether the consumer can meet their payment obligations, as well as all facts and factors essential for a responsible conclusion of the distance contract. If, based on this investigation, the trader has sound reasons not to enter into the agreement, they are entitled to refuse an order or application with reason or attach special conditions to its execution.
   5. The trader will enclose the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
      • the visiting address of the trader's business location where the consumer can lodge complaints;
      • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding exclusion from the right of withdrawal;
      • information on guarantees and existing post-purchase service;
      • the data included in Article 4 paragraph 3 of these terms, unless the trader has already provided these data to the consumer prior to the execution of the contract;
      • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
   6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
   7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

   Article 6 - Right of Withdrawal

   1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
   2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to evaluate whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging to the trader, in accordance with reasonable and clear instructions provided by the trader.
   3. If the consumer wishes to make use of their right of withdrawal, they are obliged to inform the trader within 14 days of receiving the product. The consumer must state this using the model form. After notifying the trader of the wish to use the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for instance by providing proof of shipment.
   4. If the customer has not notified the trader of their wish to use the right of withdrawal or has not returned the product after the expiry of the terms mentioned in paragraphs 2 and 3, the sale becomes final.

   Article 7 - Costs in Case of Withdrawal

   1. If the consumer exercises their right of withdrawal, the maximum costs of returning the goods will be at their own expense.
   2. If the consumer has made a payment, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the online store or conclusive proof of complete return can be submitted. Refund will take place via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
   3. In case of damage to the product caused by careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.
   4. The consumer cannot be held liable for a reduction in value of the product when the trader has not provided all legally required information about the right of withdrawal; this must be done prior to concluding the purchase agreement.

   Article 8 - Exclusion of the Right of Withdrawal

   1. The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader clearly stated this in the offer, or at least in good time prior to concluding the agreement.
   2. Exclusion of the right of withdrawal is only possible for products:
      • that were created by the trader according to consumer specifications;
      • that are clearly personal in nature;
      • that cannot be returned due to their nature;
      • that can spoil or age quickly;
      • whose price is bound to fluctuations in the financial market over which the trader has no influence;
      • for hygienic products;
      • custom-made items, i.e., products manufactured specifically for the consumer via the consumer's specifications.

   Article 9 - The Price

   1. During the validity period stated in the offer, prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
   2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices will be mentioned with the offer.
   3. Price increases within 3 months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
   4. Price increases from 3 months after conclusion of the contract are only permitted if the trader has stipulated this and:
      • they are the result of statutory regulations or provisions; or
      • the consumer has the authority to terminate the agreement on the day the price increase takes effect.
   5. Prices stated in the offer of products or services are inclusive of VAT.
   6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obligated to deliver the product according to the incorrect price.

   Article 10 - Conformity and Guarantee

   1. The trader 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 statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
   2. A guarantee provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
   3. Any defects or incorrectly delivered products should be reported to the trader in writing within 2 months after delivery. Return of products must be made in original packaging and in new condition.
   4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
   5. The guarantee does not apply if:
      • the consumer repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
      • the delivered products were exposed to abnormal conditions or were otherwise handled carelessly or contrary to the trader's instructions and/or instructions on the packaging;
      • the defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of materials used.

   Article 11 - Delivery and Execution

   1. The trader will exercise the greatest possible care when receiving and executing orders for products and when evaluating applications for the provision of services.
   2. The place of delivery is the address that the consumer has made known to the company.
   3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
   4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
   5. In case of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
   6. If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
   7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

   Article 12 - Continuing Performance Transactions: Duration, Termination, and Extension

   Termination

   1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
   2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
   3. The consumer can terminate the agreements mentioned in the previous paragraphs:
      • at any time and not be restricted to termination at a specific time or period;
      • at least in the same manner as they were entered into by them;
      • always with the same notice period as the trader has stipulated for themselves.

   Extension

   1. An agreement entered into for a fixed term that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
   2. Notwithstanding the previous paragraph, an agreement entered into for a fixed term that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period not exceeding one month.
   3. An agreement entered into for a fixed term that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months if the agreement extends to regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
   4. A limited-duration agreement for regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry of the trial or introductory period.

   Duration

   1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

   Article 13 - Payment

   1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer receives confirmation of the agreement.
   2. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
   3. In case of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge reasonable costs made known to the consumer in advance.

   Article 14 - Complaints Procedure

   1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
   2. Complaints about the performance of the contract must be submitted fully and clearly described to the trader within 2 months after the consumer has discovered the defects.
   3. Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
   4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution scheme.
   5. In case of complaints, a consumer should first contact the trader.
   6. A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.
   7. If a complaint is found to be justified by the trader, the trader will, at its option, replace or repair the delivered products free of charge.

   Article 15 - Disputes

   1. Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
   2. The Vienna Sales Convention does not apply.

   Article 16 - Additional or Derogating Provisions

   Additional provisions or provisions derogating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.