General Terms & Conditions
These terms and conditions have been drawn up for the sole
purpose of guaranteeing a secure trading environment between you and
Medlogics.com Ltd, hereinafter to be referred to as Medlogics, and to establish,
in conjunction with our integrated general terms and conditions, a legal a framework that applies to every agreement between you and Medlogics and in
relation to this website. By accepting one of our offers or placing an order
via this website, you expressly confirm to be in agreement with these terms and
- These terms and conditions apply to all offers and all agreements governing the sale and purchase provided by Medlogics, hereinafter referred to as 'the Provider'.
- The owner of this website is Medlogics Ltd, having its registered offices at Hooft Graaflandstraat 203, 3525 VT Utrecht, the Netherlands, and registered with the Chamber of Commerce under number 09146895.
- You acknowledge that e-mail is a valid electronic means of communication with which to conclude an agreement.
- An agreement will only enter into force once your order has been accepted by the Provider. The Provider is entitled to refuse orders and to impose specific conditions on the delivery unless explicitly agreed otherwise. If an order cannot be accepted or delivered, the Provider will make notification of this within ten (10) business days following receipt of the order.
- You acknowledge that all information communicated to the Provider with a view to effecting an order, transaction or communication are correct and that you are in possession of sufficient funds to finance the goods or services ordered.
- In the event of your making any changes to the above information that you have provided, it is your duty to inform the Provider of these changes.
- The Provider has the right to amend these terms and conditions and the content of the Internet site without prior notice.
- The possible non-applicability of a provision or part of a provision, in these terms and conditions, will not in any way affect the applicability of the other provisions.
2. LIABILITY AND GUARANTEE
- The Provider disclaims liability for any damage arising from a loss of data, income or profits, loss incurred through a reduction in the value of property, loss incurred through claims by third parties arising from the use of this website or the use of one of the products or services purchased from or supplied by the Provider.
- Without prejudice to the provisions of the other sections of this article, the liability of the Provider - on any grounds whatsoever - is limited to the amount of the net price of the goods and/or services provided. Compliance with this provision will serve as sole and complete compensation.
- The Provider will complete its task as can be expected from a business enterprise within its sector, yet does not accept any liability whatsoever for damage, including consequential damage, arising from an action or omission on the part of the Provider in the broadest sense, except insofar as such damage can be attributed to gross negligence and/or deliberate intent on the part of the Provider and/or except insofar as otherwise provided under mandatory legal provisions. A similar restriction applies with respect to employees or other third parties engaged by the Provider for the execution of its work.
- Without prejudice to the provisions of the previous paragraph of this article, the Provider is never obliged to pay compensation for damage that exceeds the sum insured, insofar as the damage is covered by an insurance policy is taken out by the Provider.
- In the event that visible defects, imperfections and/or faults are discovered in the products supplied that must have been present at the time of delivery, the Provider is obliged to restore or replace these products, at its discretion, free of charge. The Provider guarantees that the products supplied meet the conventional standards of quality and reliability.
3. OFFERS AND AGREEMENTS
- Subject to evidence to the contrary, the Provider's records will serve as proof of the orders you have placed with the Provider and the amounts paid to the Provider for the execution of these orders. The Provider acknowledges that electronic communication can serve to provide such proof and by accepting these terms and conditions you acknowledge the same.
- All offers made by the Provider are without obligation and the Provider explicitly reserves the right to change its prices, particularly when this is necessary pursuant to statutory regulations.
- All offers, price lists, quotes, delivery times, etc. of the Provider are without obligation, unless they contain a deadline for acceptance. If a quote or offer contains an offer without obligation and is accepted by the other party, the Provider has the right to revoke the offer within two (2) working days of receipt of the acceptance.
- If the government and/or trade unions impose changes in wages, terms and conditions of employment, social insurance and suchlike between the date on which the contract is concluded and the date on which it is executed, the Provider is entitled to charge these increases on to the other party. Should a new price list be issued by the Provider and/or suppliers and come into effect between the aforementioned dates, the Provider is entitled to charge the prices specified therein to the other party.
- Contracts will not become binding until confirmed in writing by the Provider.
4. DELIVERY AND DELIVERY PERIOD
1. The Provider will apply the following standards with respect to delivery:
- Netherlands - the shipping cost is 4.95 €. Free shipping for orders over 130 €;
- France - the shipping cost is 8.95 €. Free shipping for orders over 130 €;
- Belgium – the shipping cost is 6.95 €. Free shipping for orders over 130 €;
- Germany - the shipping cost is 4.95 €. Free shipping for orders over 130 €;
- Austria – the shipping cost is 8.95 €. Free shipping for orders over 130 €;
- United Kingdom - the shipping cost is 5.95 £. Free shipping for orders over 130 £.
We reserve the right to make changes to these rates following notification on our website.
2. Specified time frames within which products must be delivered can never be deemed final deadlines, unless expressly agreed otherwise in writing. The Provider must thus be notified in writing or orally if delivery is not made in time. When delivery takes place in installments, each partial delivery and/or phase is treated as a separate transaction.
3. The product-related risk passes to the other party at the moment of delivery.
4. If it proves to be impossible to deliver the products to the other party because of a cause attributable to the other party, the Provider reserves the right to store the products at the other party's expense and risk. The Provider will inform the other party in writing or using an electronic means of communication of the storage and/or obstruction in the execution of the work to be performed, and will specify a reasonable period within which the other party must enable the Provider to deliver the products.
5. If the other party continues to fail in the fulfillment of its obligations following the end of the reasonable period specified by the Provider as described in the preceding paragraph of this article, the other party will be in default by the mere expiry of one (1) month calculated from the date of storage or obstruction in the execution of the work to be performed, and the Provider will have the right to dissolve the contract in full or in part in writing and with immediate effect without prior or further notice of default, without judicial intervention and without being obliged to compensate the other party for losses, costs or interest.
6. The above does not affect the other party's obligation to pay the price agreed or stipulated or owed and any storage costs and/or other costs.
7. If the deliveries or the work cannot take place normally or without interruption due to causes outside the Provider's control, the Provider is entitled to charge the resultant costs on to the other party, including any call-out charges.
8. All expenses which are incurred by the Provider at the other party's request will be entirely borne by the latter, unless expressly agreed otherwise in writing.
- The Provider is not liable for damage of whatever form or nature, whether or not suffered by the products, in connection with the transport.
- The other party shall take out adequate insurance against the aforementioned risks.
- Shipment of the ordered products shall take place in the manner determined by the Provider, yet at the risk and expense of the other party, unless the parties have expressly agreed otherwise in writing.
- The other party guarantees the accessibility of the destination or unloading location and is responsible for the unloading or discharge.
- Orders or deliveries which are not accepted will be stored by the Provider at the other party's expense and risk in accordance with the provisions of the previous article.
6. COMPLAINTS AND RETURNS
- Complaints do not suspend the other party's payment obligation.
- The Provider must be given the opportunity to investigate the complaint within a reasonable term.
- If a product is returned in order to investigate the complaint, this will only be done at the Provider's expense and risk if the Provider has expressly agreed to this in writing in advance.
- Any right of recovery will lapse if, after delivery of the products, their nature and/or composition have in any way been changed or if the products have been damaged or repacked in any form of packaging other than the original or have been adapted or processed, in part or in their entirety.
- In all cases return shipments must take place in the manner specified by the Provider and in the original packaging. Return shipments will be made at the other party's expense and risk, unless the Provider declares the complaint to be well-founded and makes notification of this in writing.
- The other party is obliged to inspect the products directly upon receipt. Should the other party discover any visible defects, imperfections and/or faults, this must be recorded on the waybill and/or shipping note with a view to notifying the Provider immediately, or the other party must inform the Provider accordingly within 24 hours of receipt of the product, followed by immediate written confirmation to the Provider.
- The Provider is not liable for damage of whatever form or nature, whether or not suffered by the products, in connection with the transport of the products.
7. PRICES AND PAYMENT
- All prices mentioned for the Products offered do not include VAT nor the cost of packaging and shipment. If you place your order via the website, the total amount stated includes VAT and shipping costs. If the party placing the order is not in the country from which the products are shipped, it is liable for the payment of any turnover tax or import duties owed.
- Payment shall be made within fourteen (14) days after the date of the invoice, unless the parties expressly agree otherwise in writing.
- In the event of late payment, the Provider will be authorized to suspend the delivery (or further delivery) of products until the buyer has fulfilled all of its payment obligations, including payment of the interest and other costs owed.
8. RETENTION OF TITLE
The buyer may not encumber, sell, deliver or dispose of the Products prior to the transfer of their ownership.
9. LOSS OF POWER OF DISPOSAL OF ASSETS, BANKRUPTCY, etc.
Without prejudice to the provisions of the other articles of these terms and conditions, the contract concluded between the other party and the Provider will be dissolved without judicial intervention or any notice of default being required if and when the other party is declared bankrupt, applies for (provisional) payment moratorium, is subject to attachment under execution, loses the power of disposal and/or authority to act with regard to its assets or part thereof as a result of attachment, being placed in receivership or otherwise, unless the receiver or administrator recognizes the obligations arising from the contract as a debt of the estate.
If the other party fails to perform any obligation to which it is subject under the contract or pursuant to these terms and conditions, the Provider has the right to dissolve all agreements it has concluded with the other party without notice of default or judicial intervention being required and without prejudice to the Provider's right to claim compensation for damage or loss, loss of profit and interest.
This agreement is governed by Dutch law. Any and all disputes between the parties shall be settled exclusively by the competent district court.