Terms of service
Application and Entire Agreement
These Terms and Conditions apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from D2D Holding B.V., a company registered in The Netherlands under number 62708996 whose registered office is Hazenkamp 50, 6836 BA Arnhem, The Netherlands (we or us). These Terms and Conditions will be deemed accepted by you when you accept them or the quotation or from the date of delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you. These Terms and Conditions together with the quotation (the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms you attempt to impose or incorporate.
Interpretation
A business day means any day other than a Saturday, Sunday or bank holiday in The Netherlands. Headings in these Terms and Conditions are for convenience only and do not affect interpretation. Words importing the singular number include the plural and vice-versa.
Goods
The description of the Goods is set out in our sales documentation unless expressly changed in our quotation. By accepting the quotation you acknowledge that you have not relied on any statement, promise or representation about the Goods by us. Descriptions of the Goods in our documentation are intended as a guide only. We may make any changes required to comply with applicable safety or statutory requirements.
Price
The price of the Goods is set out on our website or quotation current at the date of your order or as otherwise agreed in writing. All prices on our website are in Euros and are subject to programming or typing errors. If the cost of the Goods increases due to factors beyond our control including material costs, labour costs, exchange rates, duties or delivery rates, we may increase the price prior to delivery. Any increase will be communicated before delivery. Discounts may be offered at our discretion. Prices exclude packaging, transportation and delivery fees. Prices also exclude VAT and any other taxes imposed by authorities.
Cancellation, Refund and Return
Medical-X produces medical simulators and training equipment which are typically made to order and customizable. Because of the personalized nature of our products we reserve the right to refuse cancellations, refunds or returns. Exceptions may apply in cases of proven manufacturing defects. Customers must notify us of damaged or defective items within 30 days of delivery. Each case will be evaluated individually. Orders may be cancelled within one week of placing the order. After one week cancellations may no longer be possible as production may already have begun. Quotations remain valid for 14 days unless withdrawn earlier.
Payment
Payment may be made by bank transfer, credit card or other online payment methods. We may request advance payment or other payment guarantees. Payment must be made in Euros without deduction or suspension. Unless otherwise agreed in writing payment must be completed within 7 days of the invoice date. Payment obligations remain even if delivery has not yet occurred or title has not yet transferred. If payment is not received within the agreed period statutory interest may be charged without prior notice.
Delivery
Delivery will be arranged to the address specified in the quotation or order unless another location is agreed. Delivery times are indicative and not guaranteed. We cannot be held responsible for delays caused by shipping providers or circumstances beyond our control. If you fail to take delivery we may store the goods at your expense, arrange redelivery at your expense, or after 10 business days resell the goods and charge any resulting loss. Delivery costs depend on the delivery address, volume and weight of the product.
Inspection and Acceptance of Goods
You must inspect the Goods upon delivery. Any damage or shortage must be reported in writing within 14 days of delivery. Returned Goods will only be accepted if confirmed defective following inspection. We will not be liable if you fail to provide notice, continue using the Goods after notice, fail to follow instructions for storage or usage, or if defects result from misuse, modification or normal wear and tear. Risk and cost of returning goods remain with the buyer.
Risk and Title
Risk in the Goods transfers to you upon delivery. Title to the Goods remains with us until payment has been received in full for the Goods and any other services supplied. Until ownership transfers you must store the Goods separately, maintain them in good condition and insure them for their full value. If payment is not completed we may request the return of the Goods and may enter premises where they are stored to recover them.
Termination
We may terminate the agreement immediately if you materially breach these Terms and Conditions or if you become insolvent or subject to bankruptcy proceedings.
Limitation of Liability
Our liability under the Contract will not exceed the total price paid for the Goods. We will not be liable for indirect or consequential damages including loss of profit, loss of business, loss of data, reputational damage or business interruption. These exclusions do not apply in cases of death, personal injury caused by negligence, fraud or where liability cannot legally be excluded.
Communications
All notices must be in writing and signed by or on behalf of the notifying party. Notices are considered delivered when sent by courier during normal business hours, when email transmission is confirmed, five business days after mailing domestically or ten business days after international mailing.
Circumstances Beyond Control
Neither party shall be liable for failure or delay in performance caused by circumstances beyond reasonable control including power failures, internet service interruptions, strikes, civil unrest, natural disasters, terrorism, war or governmental actions.
Legal Provisions
No waiver of any breach shall be considered a waiver of subsequent breaches. If any provision of these Terms and Conditions is found invalid the remaining provisions remain enforceable. These Terms and Conditions are governed exclusively by Dutch law. The authorized representative is Dr. Dervis Demirtas. The Vienna Sales Convention (CISG) is excluded. Any disputes shall be submitted to the competent court where we are located unless we choose the court of the buyer’s jurisdiction.
Company Information
D2D Holding B.V.
Hazenkamp 50
6836 BA Arnhem
The Netherlands
Email: info@medical-x.com