Terms and conditions

Article 1: Applicability

1.1 To the exclusion of any other general terms and conditions, all offers, orders and agreements of Posimed  any other general terms and conditions, these General Terms and

Conditions of Sale (hereinafter:Terms and Conditions) shall apply. These terms and conditions can also be consulted on the Internet, see posimedgroup.com 

1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms.

1.3 The provisions of these Terms and Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force.

1.4 All rights and claims that are stipulated in these Conditions and in any further agreements for Posimed  shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Posimed .

 

Article 2: Offers/agreements

2.1 All offers made by Posimed  shall be free of obligation and Posimed  expressly reserves the right to change prices, in particular when this is required on the basic or (legal) regulations. See also article 3.5.

2.2 An agreement shall only be concluded after Posimed  has accepted your order. Posimed  shall be entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise.

2.3 Posimed  shall be entitled to refuse orders or to attach certain conditions to delivery, unless expressly stipulated otherwise. If an order is not accepted, Posimed  shall inform you thereof within ten (10) working days after receipt of the order.

 

Article 3: Prices and payments

3.1 The prices stated for the products and services offered are in euros, exclusive of VAT and exclusive of and exclusive of handling and shipping costs, any taxes or other levies, unless otherwise otherwise stated or agreed in writing.

3.2 Payment must be made in advance without discount or compensation. If otherwise agreed upon in writing within eight (8) days after the invoice date if it concerns deliveries within the Netherlands.

3.3 If the payment term is exceeded, you will be in default from the day on which payment should have been made and you will owe default interest of 1% per month or part of a month over the outstanding amount. If payment is made after a reminder has been sent by Posimed , you will owe an amount of fifteen euros (€ 15.00) for administration costs and if Posimed  outsources the collection of the debt, you shall also owe the collection costs, which must be at least € 50.

If Posimed  outsources its claims for collection, you shall also owe the collection charges, which shall be at least fifteen percent (15%) of the outstanding amount, without prejudice to Total Care’s authority to instead charge the actual extrajudicial collection costs incurred.

3.4 If you are in default with any payment, Posimed  is entitled to suspend or dissolve (the execution of) the agreement concerned and or to dissolve the complete agreement.

3.5 If the prices for the offered products and services increase during the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Posimed .

 

Article 4: Delivery

4.1 Any delivery times given by Posimed  shall be indicative only. Exceeding a given delivery time does not entitle you to any compensation and neither does it entitle you to cancel your order or dissolve the agreement. Unless the delivery period is exceeded in such a way that you cannot reasonably be required to uphold the agreement. You are in that case entitled to cancel the order or to dissolve the agreement to the extent necessary.

4.2 The delivery of the products shall take place at the place and time at which the products ready for dispatch to you.

 

Article 5: Retention of title

5.1 Ownership of products delivered shall not be transferred until you have paid all amounts owed to Posimed  pursuant to any agreement. The risk in respect of the products shall pass to you at the time of delivery.

 

Article 6: Intellectual and industrial property rights

6.1 You must completely and unconditionally respect all intellectual and industrial property rights that rest on products supplied by Posimed  fully and unconditionally.

6.2 Posimed  does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

 

Article 7: Complaints and liability

7.1 On delivery you are obliged to check whether the products comply with the agreement. upon delivery. If this is not the case, you must inform Posimed  as soon as possible and in any case within seven (7) working days after delivery, or at least after detection

7.2 If it has been demonstrated that the products do not satisfy the requirements of the agreement, the customer must inform Posimed  in writing, by telephone or by e-mail. If it has been demonstrated that the products do not satisfy the agreement, Posimed  shall have the choice of replacing the products in question, on their return, with new products or refund the invoice value of the products.

 

7.3 If you wish to cancel an order for any reason, before payment has been made, you can let us know by e-mail. Once we have received the payment of your order unfortunately it is no longer possible to cancel.

7.4 advice given by Posimed  (by telephone or e-mail) is only an indication and no rights can be derived from it.

 

Article 8: Orders/communication

8.1 For misunderstanding, mutilation, delay or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in the traffic between you and Posimed , or between Posimed  and third parties, Posimed  is not liable unless and insofar as there is intent or gross negligence on the part of Posimed .

 

Article 9: Force majeure

9.1 Without prejudice to the other rights to which it is entitled, Posimed  shall in the event of force majeure still have the right, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention by informing you of this in writing.

Posimed  shall not be liable to pay any compensation, unless in the given circumstances would be unacceptable according to the standards of reasonableness and fairness.

9.2 Force majeure shall be understood to mean any failure that cannot be attributed to Posimed

9.2 ‘Force majeure’ shall be understood to mean any failure for which Posimed  cannot be held responsible, because it cannot be blamed and for which it cannot be held accountable by virtue of the law, any juristic act or generally accepted practice.

 

Article 10: Miscellaneous

10.1 If you provide Posimed  with an address in writing, Posimed  shall be entitled to send all orders to that address, unless you provide Posimed  with another address to which your orders should be sent.

10.2 If Posimed  has tacitly or implicitly permitted deviations from these terms and conditions for a short or longer period, this shall not affect its right to demand immediate and strict compliance with these terms and condition for a short or longer period of time. You can never assert any right based on the fact that Posimed  applies these Terms and Conditions flexibly.

10:3 If one or more of the provisions of these Terms and Conditions or any other agreement with Posimed  is/are contrary to any applicable legal provision, the provision in question shall cease to be valid and shall be replaced by a new provision that Posimed

10.4 Posimed  shall be authorised to make use of third parties in the execution of your order(s).

 

Article 11: Applicable law and competent court

11.1 All rights, obligations, offers, orders and agreements will apply accordingly to the Dutch law

11.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands