General terms and conditions - LUNOVA bv
1. Introduction
1.1. By signing the order, the Buyer (hereinafter referred to as "Customer") expressly acknowledges the following General Terms and Conditions (hereinafter referred to as "GTC") and undertakes to comply with them. The following Terms and Conditions apply exclusively to all deliveries and services of LUNOVA bv, Leeuwerikstraat 19, 5262 ZA Vught, The Netherlands (hereinafter referred to as "LUNOVA" or "we"), unless otherwise agreed in writing between the contracting parties in an individual case. LUNOVA shall not be bound by any other purchase or delivery conditions of the contracting parties. These terms and conditions shall also apply to all future transactions, even if no express reference is made to them in individual cases, particularly in the case of additional or follow-up orders.
1.2. We contract exclusively on the basis of our General Terms and Conditions.
1.3. The customer's general terms and conditions, or amendments or additions to our terms and conditions, are valid only if we have expressly agreed to them in writing (for business customers).
1.4. The customer's terms and conditions are not accepted even if we do not expressly reject them upon receipt.
2. Acceptance of the GA
The purchase agreement is concluded with LUNOVA. The customer acknowledges these General Terms and Conditions and agrees to them as soon as he places an order. LUNOVA is entitled to unilaterally amend these General Terms and Conditions, insofar as this is necessary to eliminate subsequent imbalances or to make adjustments to changed legal or technical framework conditions.
3. Offer
3.1. Offers made by LUNOVA are always without obligation and non-binding, unless expressly agreed otherwise. The articles sold and delivered need not correspond exactly to the illustrations.
3.2. Information which appears in catalogs, price lists, brochures, advertisements at trade fairs, circulars, advertising material or other media (information material) about our products and services and which does not originate from us must - insofar as the customer bases his decision to order on them - be reported to us.
If the customer violates this obligation, such information is not binding unless it has been expressly confirmed - in writing for business customers - as part of the contract.
4. Establishment of the agreement
The product presentation on the website is an online catalog and does not constitute a legally binding offer. It is an invitation to the customer to make his or her own offer. The offer in the legal sense is made by the customer by placing the order. After receiving the order, the customer receives an e-mail at the address provided, confirming receipt of the order and displaying its contents ("Order Confirmation"). If LUNOVA rejects the formation of the contract, the customer will be notified immediately by e-mail.
5. Right of withdrawal and cancellation
5.1. If the customer is a consumer within the meaning of the provisions of the Consumer Protection Act, he has the right to revoke this agreement within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the day on which the customer, or a third party designated by him (not the carrier), last took possession of the goods.
To exercise the right of withdrawal, you must inform us (LUNOVA, Leeuwerikstraat 19, 5262 ZA Vught, the Netherlands), tel. +31 130 39 48 of your decision to withdraw from the contract via a clear statement (e.g. a registered letter or e-mail). You may use the attached model form for this purpose, but this is not obligatory.
In case of a valid revocation, the performance received will be returned by both parties. For refunds, we use the same means of payment with which the original transaction was made, unless expressly agreed otherwise. LUNOVA may refuse the refund until the goods have been received back. The customer must return or hand over the goods to LUNOVA without delay, and no later than fourteen days after notification of withdrawal. The deadline is met if the goods have been shipped before the expiration of the deadline. In any case, the costs of return shipment shall be borne by the customer. If the customer cannot return the service received or can only return it in a deteriorated condition, he must compensate LUNOVA for this, if necessary.
The customer is only liable for depreciation of the goods if it results from use beyond what is necessary to establish the nature, characteristics and functioning of the goods.
5.2. The goods offered by us are class 1 medical devices, which are no longer marketable after opening. According to European Consumer Rights Directive (2011/83/EU) there is no right of withdrawal if the goods were delivered sealed and are not suitable for return due to health protection or hygiene reasons, if the seal was broken after delivery.
Likewise, there is no right of withdrawal if goods are manufactured to the customer's specifications or are clearly tailored to personal needs.
5.3. The goods delivered by us can only be returned in undamaged, sealed original packaging with a fully completed return form. Unstamped returns and returns sent later than 14 days after receipt of the goods will not be accepted. Excluded from return are special purchases and custom products.
5.4. If one of the conditions under point 5.4 a) to c) is not fulfilled, the customer is not entitled to revocation according to the "Return option". Nor is the customer entitled to revocation if the values entered show an improvement according to the average loudness curve calculated by the program.
5.5. The deadlines mentioned in point 5.4 sub b) and c) shall only begin to run after the actual occurrence of the first interview, if delay thereof is due to LUNOVA. In that case, point 5.4 sub a) shall be considered complied with.
5.6. In case of a justified withdrawal, the customer must return the undamaged goods to LUNOVA at his own expense. After receiving the goods, LUNOVA will refund the purchase price of the goods, on the same means of payment used to make the original purchase, within 10 working days.
6. Prices
All prices listed include statutory VAT unless otherwise indicated. Any shipping costs are stated separately. In case of mistakes or printing errors in the price statement, we reserve the right to apply the correct price. In this case, the customer has the right to abandon the purchase free of charge.
7. Delivery and shipping costs
7.1. Delivery of goods shall be made at the customer's expense to the address provided by the customer. Shipping costs are displayed during the ordering process.
7.2. Delivery takes place while stocks last. If an article is not available, the customer will be informed as soon as possible. Any amounts already paid will be refunded in that case.
7.3. We are entitled to make the delivery in parts, insofar as this is reasonable for the customer.
8. Payment
Payment is made through the payment methods offered in the ordering process. Payment is due upon conclusion of the contract. In case of late payment, we reserve the right to charge reminder fees or suspend further deliveries.
9. Retention of title
The delivered goods remain our property until full payment is received. In case of non-payment, we reserve the right to reclaim the goods.
10. Warranty and liability
10.1. For consumers, the statutory warranty period applies.
10.2. In case of defects covered by the warranty, LUNOVA will repair or replace the goods. If this is not possible, the customer is entitled to a refund.
10.3. Liability for damages is excluded except in cases of intent, gross negligence or injury to life, body or health. In cases of slightly negligent violation of essential contractual obligations, liability is limited to foreseeable damages.
11. Privacy and data protection
We treat customers' personal data confidentially and in accordance with applicable data protection laws. Details can be found in our privacy statement on the website.
12. Applicable law and competent court
The contractual relationship is exclusively governed by Dutch law, to the exclusion of UN purchasing law. The competent court for disputes is that of our registered office, unless mandatory consumer rules provide otherwise.
13. Salvation clause
If individual provisions of these GTC are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.
14. Complaint Procedure
Complaints can be addressed in writing to LUNOVA bv, Leeuwerikstraat 19, 5262 ZA Vught, the Netherlands or via e-mail (forgtin@lunova-care.com). We strive to address and resolve complaints within 14 days.
15. Alternative dispute resolution
The European Commission is offering an online dispute resolution platform at https://ec.europa.eu/consumers/odr/. Customers can use this for disputes with an online purchase without having to go to court.
