Conditions
TERMS AND CONDITIONS
MED SOCKS
The cheerful care socks for doctors, nurses and other care champs!
info@medsocks.nl
73587249
NL859591207B01
www.medsocks.nl
Contact form
Kleiweg 172B
3051 SJ Rotterdam
Below you can read our general terms and conditions, in which we lay down the conditions under which we provide our services to our clients. By using our services you agree to the terms below. Read this carefully. Do you have questions about one or more provisions? Don't hesitate and ask us! We are happy to explain it to you.
MEDSOCKS is a trade name of our company Vitrix Medical, a general partnership based in Rotterdam and registered in the trade register of the Chamber of Commerce (KvK) under number 73587249.
Article 1. Definitions
In these General Terms and Conditions:
Thinking time
The period within which you as a consumer can make use of your right of withdrawal.
BW
The Civil Code
Consumer
The natural person who is not acting for purposes related to a trade, business, craft or profession.
Day
Calendar day
Durable data carrier
Any tool – including e-mail – that enables you as a consumer or as an entrepreneur to store information that is addressed to you personally in a way that facilitates future consultation or use during a period that is appropriate for the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
Right of withdrawal
The possibility for you as a consumer to waive the distance contract within the cooling-off period.
you, you, you(w)
The consumer or entrepreneur who enters into or wishes to enter into an agreement with MEDSOCKS (hereinafter also: us, our or we).
Entrepreneur
The legal entity that acts for purposes related to a trade, business, craft or profession and enters into or wishes to enter into an agreement with us.
Us, our, we
MED SOCKS
Distance Agreement
An agreement concluded between you as a consumer or you as an entrepreneur and us in the context of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement of one or more remote communication techniques.
Parties
You and MEDSOCKS.
Written
Communication via (registered) mail, e-mail or Whatsapp.
Article 2. Applicability
2.1 These general terms and conditions apply to every offer and agreement from or with us, and to all resulting or related legal acts, legal relationships and legal consequences, including quotations, order confirmations and oral or written agreements.
2.2 These general terms and conditions also apply to all agreements with you, for the implementation of which third parties must be involved.
2.3 Before the distance contract is concluded, the text of these general terms and conditions will be made available to you. This can be done by providing you with a paper version or we can make the text of these general terms and conditions (PDF) available to you electronically. You can easily save this PDF version. If this is not reasonably possible, before you conclude the distance contract with us, you can view the general terms and conditions online at https://www.medsocks.nl/algemene-voorwaarden , otherwise we can send you a copy of these at your request. will send the general terms and conditions to you free of charge as soon as possible.
2.4 (Other) Terms and Conditions of yours are expressly rejected and do not apply.
2.5 Deviations from the general terms and conditions are only legally valid if they have been confirmed unambiguously and in writing by us.
2.6 We may change these terms and conditions at any time. In the event of interim changes to the general terms and conditions, we will inform you in writing. If you do not object in writing within fourteen (14) days, we assume that you agree with the changes.
2.7 If any provision of these terms and conditions is void or voided, the remaining provisions will remain in full force. In that case, we will consult together to agree on new provisions to replace the void or voided provisions, taking into account the purpose and scope of the original provisions as much as possible.
2.8 In the event of a conflict between the general terms and conditions and the agreement, the provision in the agreement will prevail, unless there are obvious mistakes or errors in writing.
Article 3. The offer
3.1 All offers, in whatever form, are without obligation and only serve as an invitation to place an order.
3.2 An offer is valid for 14 days after the date of dispatch, unless we have made other agreements with you in writing. It is important to know that if there are obvious mistakes or errors in our offers, the quotation and/or agreement, we are not bound by this error.
3.3> For consumers, the stated prices always include VAT. For entrepreneurs, the stated prices are always exclusive of VAT, unless otherwise indicated in writing.
3.4 During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
3.5 Contrary to the previous paragraph, we can offer products whose prices are subject to fluctuations in the financial market and over which we have no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Article 4. The agreement
4.1 There is only an agreement between the parties when:
- a) you have received an order confirmation from us by e-mail; or
- b) we have started the work on the basis of your (oral) request.
4.2 If the agreement is amended or supplemented during the execution of the agreement, the time of delivery and/or (the amount of) the fee may be influenced. We will inform you of this as soon as possible.
4.3 If the assignment has been given by two or more natural or legal persons, they are each jointly and severally liable for the full fulfillment thereof.
4.4 If, based on facts and factors, we have good reasons not to enter into the agreement, we are entitled to refuse an order or request or to attach special conditions to the implementation.
Article 5. Right of withdrawal and extra guarantee
5.1 Have you received the product and are you not satisfied with it? Then in principle you have the option of getting your money back. You as a consumer have the right to cancel the agreement that has been concluded via the internet within 14 days without giving any reason. In addition to your right of withdrawal, we give you a money-back guarantee valid for up to 30 days. You do not have 14 days, but a total of 30 days to change your mind.
5.2 The right of withdrawal does not apply to you as an entrepreneur.
5.3 The cooling-off period referred to in paragraph 1 commences on the day after you (or a third party designated by you, who is not the carrier) have received the product.
Article 6. Your obligations during the reflection period
6.1 During the cooling-off period, you must handle the product and the packaging with care. You may only unpack the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a store.
6.2 From a hygienic point of view, we will not take back the product if it has been worn and/or washed.
6.3 Please note that you have no right of withdrawal on customized or personalized items, as these are made exclusively for you. These items cannot be returned unless there is a manufacturing defect.
6.4 Please also bear in mind that we may charge you for a reduction in value if you handle the product in a way that goes beyond what is permitted in paragraph 1.
6.5 If you wish to make use of your right of withdrawal, please notify us within the cooling-off period by sending an e-mail to info@medsocks.nl stating your order number.
6.6 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you return the product or hand it over to (an authorized representative of) us. This is not necessary if we have offered to collect the product ourselves. You have in any case observed the return period if you return the product before the cooling-off period has expired.
6.7 You return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
6.8 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you.
6.9 You bear the direct costs of returning the product.
Article 7. Our obligations during the reflection period
7.1 If we have received the notification of withdrawal from you electronically, we will immediately send a confirmation of receipt after receipt of this notification.
7.2 We will make the refund without delay but within 14 days following the day on which you notify us of the withdrawal. Unless we offer to collect the product ourselves, we may withhold reimbursement until we have received the product or until you demonstrate that you have returned the product, whichever is the earlier.
7.3 We use the same payment method that you used for the refund, unless you agree to a different method. The refund is free of charge for you.
7.4 If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.
Article 8. Delivery
8.1 We will take the greatest possible care when receiving and executing orders for products. The agreed (delivery) periods apply as target periods, not as strict deadlines, unless agreed otherwise in writing.
8.2 The place of delivery is the address that you have made known to us.
8.3 We will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, you will be notified of this no later than 30 days after you have placed the order. In that case, you as a consumer have the right to dissolve the agreement without costs. After dissolution we will immediately refund the amount you have paid.
8.4 The risk of damage and/or loss of products rests with us until the moment of delivery to you or a representative designated in advance and made known to us, unless expressly agreed otherwise.
Article 9. Payment
9.1 We can send the invoice to you electronically. You agree to electronic
billing. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by you must be paid within 30 days after the cooling-off period commences.
9.2 We may ask you for an advance payment. For consumers, we may ask for a maximum of 50% of the reimbursement. We use the same percentage for entrepreneurs, unless other payment agreements have been made in writing.
9.3 You have the obligation to immediately report inaccuracies in payment details provided or stated to us.
9.4 If you as a consumer do not meet your payment obligation(s) on time, after you have been informed by us of the late payment and we have granted you a period of 14 days to still meet your payment obligations, after the failure to do so of payment within this 14-day term, we owe statutory interest on the amount still due and we are entitled to charge you for the extrajudicial collection costs incurred by us. We assume the compensations specified in the Extrajudicial Collection Costs (Standards) Act and the associated Decree.
9.5 If you, as an entrepreneur, do not meet your payment obligation(s) in time, you will immediately be in default and you will owe statutory interest on the amount still owed and we will be entitled to charge you for extrajudicial (collection) costs. We do not have to demonstrate to you that these extrajudicial collection costs have actually been incurred. These extrajudicial (collection) costs amount to at least:
- 15% on outstanding amounts up to € 2,500.00;
- 10% on the subsequent € 2,500.00; and
- 5% on the next € 5,000.00 with a minimum of € 150.00.
Article 10. Termination
10.1 It is possible that we have entered into a partnership (for example in the form of a subscription) with you as a consumer or with you as an entrepreneur for a definite or indefinite period of time. In the event that a collaboration has been established for a definite period of time, it is not possible for you to terminate this collaboration prematurely, unless we imputably fail to comply with the agreement and after receiving a notice of default with within a reasonable period of 2 weeks, are still unable to fulfill our obligations.
In the event that a collaboration has been established for an indefinite period of time, it is possible for you as a consumer to terminate this collaboration prematurely each time on the first day of the following month, with due observance of a notice period of one month, unless we have agreed otherwise in writing.
In the event that a collaboration has been established for an indefinite period of time, it is also possible for you as an entrepreneur to terminate this collaboration prematurely on the first day of the following month, with due observance of a notice period of three months. unless we have agreed otherwise in writing.
10.2 We are authorized to suspend the fulfillment of our obligations or to terminate the cooperation in whole or in part, for a fixed period or indefinitely, immediately and with immediate effect, if:
- You do not fulfill the obligations under our agreement, or do not do so in full or on time;
- After the conclusion of the agreement, any circumstances that have come to our knowledge give us good grounds to fear that you will not fulfill your obligations;
- When concluding the agreement, you were requested to provide security for the fulfillment of your obligations under the agreement and this security is not forthcoming;
- Due to the delay on your part, we can no longer be required to comply with the agreement against the originally agreed agreements;
- Circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required of us.
10.3 If the dissolution can be attributed to you, we are entitled to compensation for all (in)direct damage that we suffer as a result.
10.4 If the agreement is dissolved, our claims against you are immediately due and payable. If we suspend the fulfillment of the obligations, we retain our claims under the law and the agreement.
10.5 If the agreement is dissolved, performances that have already been received by us (in connection with the execution of the assignment) will not have to be undone.
to be made.
10.6 If we proceed to suspension or dissolution on the grounds referred to in this article, we are not obliged to pay compensation for damage and costs incurred in any way as a result.
manner of arising or compensation.
10.7 The agreement ends with immediate effect, without judicial intervention and without being liable to each other for any compensation in the event that we:
- a) be in default;
- b) apply for suspension of payments;
- c) be declared bankrupt; or
- d) discontinue the business activities legally and/or actually.
Claims of the parties are immediately due and payable in the above cases.
Article 11. Liability and indemnification
11.1 Our liability for any damage resulting from an unlawful act, an attributable shortcoming in the fulfillment of the agreement or otherwise is excluded, unless otherwise stipulated in these general terms and conditions. Indirect damage, such as consequential damage, lost profit, missed savings, stagnation damage or reputational damage, is never for our account.
11.2 Damage caused by (engaged) third parties is also not at our expense.
11.3 Our full liability is at all times limited to a maximum of the amount of compensation that has been agreed for the relevant assignment. Our full liability is at all times limited to a maximum of € 1,000.00.
11.4 We are not liable for damage of any nature whatsoever caused by us relying on incorrect and/or incomplete information provided by or on behalf of you.
11.5 All claims against us lapse one year after receipt of delivery.
11.6 The above limitations of liability lapse in the event of intent or willful recklessness on our part. In principle, the burden of proof rests on you.
11.7 You indemnify us in connection with all claims that a third party may have against us at any time or may make and which are directly or indirectly related to the work we have performed for you.
Article 12. Force majeure
12.1 We are not obliged to fulfill any obligation if we are prevented from doing so as a result of a circumstance that is not attributable to our fault, and which cannot be attributed to us by virtue of the law, a legal act or generally accepted beliefs. Such as: incorrect or incomplete information obtained or lack of information from your side, illness, strikes, malfunctions, quarantine measures, epidemics, government measures.
12.2 We also have the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after we should have fulfilled our obligation.
12.3 We can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, the parties are entitled to dissolve the agreement, without any obligation to compensate the other party for damage or undo the (consideration) performances already provided.
Article 13. Complaints
13.1 A complaint must be reported to us in writing. You can submit a complaint by sending an e-mail to info@medsocks.nl with the subject 'Complaint + order number'.
13.2 Complaints about the implementation of the agreement must be submitted to us fully and clearly described within a reasonable time after you have discovered the defects.
13.3 Complaints submitted to us will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will respond within the period of 30 days with a notice of receipt and an indication when you can expect a more detailed answer.
13.4 You must give us at least 4 weeks to resolve the complaint in mutual consultation. Submitting a complaint (including a complaint about an invoice) does not mean that you may suspend your payment.
Article 14. Intellectual Property
14.1 All intellectual property rights arising from the agreement to the results from the agreement accrue to us, unless otherwise agreed in writing.
14.2 Unless otherwise stated, materials including but not limited to images, illustrations, samples, trial versions, text, graphics, photographs, moving images, sound and other materials appearing as part of our website, trademarks, trade dress, trade names and/or other intellectual property and licenses from us. You are not permitted to disclose, exploit or in any way reproduce the foregoing without express written permission from us.
14.3 The content and the website as a whole are intended solely for the personal, non-commercial use of the users of the website. You are not permitted to download or copy any of our materials for commercial use.
14.4 No right, title or interest is transferred to you.
14.5 We may use your (company) name and logo for our promotional purposes. If you object to this, you must let us know 14 days after the termination of the assignment.
Article 15. Applicable Law and Conflicts
15.1 Only Dutch law applies.
15.2 Disputes will in the first instance always be discussed among themselves. Subsequently, mediation will be used if the parties wish to maintain the cooperation. If that also fails to produce results or if one of the parties does not wish to continue the cooperation, the court in Rotterdam shall have sole jurisdiction to hear the dispute.
Partners:
Beckolprofit.nl
We work with Marketing agency Beckol Profit
These general terms and conditions were drawn up on January 13, 2021 by Lwzjuristen.nl