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Terms and Conditions

General Terms and Conditions Article 1 - Definitions

In these conditions the following definitions apply:
Biocare Products: the natural or legal person who offers products and / or services to consumers at a distance;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance agreement: an agreement whereby, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more remote communication techniques;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time; Reflection time: the period within which the consumer can make use of his Right of withdrawal: Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;calendar day; Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.


Article 2 - Identity of the entrepreneur

Biocare Products Shop and Warehouse De Veken 17 Unit 006-007 1716 KE Opmeer The Netherlands Chamber of Commerce number: 72658835 VAT identification number: NL859187822B01 IBAN: NL94 RABO 0179 5635 99


Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general 1/6 conditions can be read electronically and that they will be made free of charge electronically or otherwise at the request of the consumer. forwarded. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him


Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and / or services offered. 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 errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; the possible costs of delivery; the manner in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal is applicable; the method of payment, delivery or implementation of the agreement; the period for accepting the offer or the period for which the price is honored; the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; if the agreement is archived after the conclusion, how the consumer can consult it; the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded; the languages ??in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of an agreement that involves the continuous or periodic delivery of products or services.



Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and 2/6 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation. The entrepreneur will send 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 medium:

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing service after purchase and guarantees;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph is only applies to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during fourteen business days. This period starts on the day after receipt of the product by or on behalf of the consumer. During this period the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.


Article 6b - Right of withdrawal upon delivery of services

When providing services, the consumer has the option to dissolve the contract without giving any reason during fourteen working days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.


Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets it If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically, and as long as the receipt of this acceptance has not been confirmed, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and he / she ensures a secure web environment.If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations , as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation. The entrepreneur will send 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:

a. the visiting address of the business location where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing service after purchase and guarantees;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph is only applies to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during fourteen business days. This period starts on the day after receipt of the product by or on behalf of the consumer. During this period the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.


Article 6b - Right of withdrawal upon delivery of services

When providing services, the consumer has the option to dissolve the contract without giving any reason during fourteen working days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.


Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exclusion of the right of withdrawal 3/6

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly states this in the offer, at least in time for the final expressing the agreement. Exclusion of the right of withdrawal is only possible for products:
a) passing through the entrepreneur have been created in accordance with consumer specifications;
b) that are clearly personal in nature;
c) which by their nature cannot be returned;
d) that can spoil or age quickly;
e) whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has the seal
.

Exclusion of the right of withdrawal is only possible for services:
a) regarding accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b) whose delivery commenced with the explicit consent of the consumer before the reflection period has expired;
c) on betting and lotteries.


Article 9 - The price

During the period of validity stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in BTW rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This g the law and / or the distance contract.


Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for goods. loan of services. The place of delivery is the address that the consumer has made known to the company. Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly states this in the offer, at least in time for the final expressing the agreement. Exclusion of the right of withdrawal is only possible for products:
a) created by the entrepreneur in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) that by their nature cannot be returned;
d) that fast can spoil or age;
e) whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has the seal
.

Exclusion of the right of withdrawal is only possible for services:
a) regarding accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b) whose delivery commenced with the explicit consent of the consumer before the reflection period has expired;
c) on betting and lotteries.


Article 9 - The price

During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in BT W rates. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This is the law and / or the distance agreement.


Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for goods. loan of services. The place of delivery is the address that the consumer has made known to the company. Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.


Article 12 - Duration transactions

The consumer can cancel an agreement that has been entered into for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month. A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 - Payment

Unless agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service within 14 days of the date of issue of these documents. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure 5/6

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure. Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.


Article 15 - Additional or different provisions

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

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