Terms and Conditions
Article 1 – Definitions
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader.
Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuous contract: a contract that provides for the regular supply of goods, services, and/or digital content over a certain period of time.
Durable data carrier: any tool – including email – that enables the consumer or the trader to store information personally addressed to them, in a way that allows future reference or use for a period adequate for the purpose of the information, and which allows the unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance.
Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or partial use is made of one or more means of distance communication.
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be provided if the consumer has no right of withdrawal with respect to his order.
Means of distance communication: any means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same location.
Article 2 – Identity of the trader
MediCentraPlus B.V.
Registered address: Soetendaal 154, 1081BS Amsterdam
Email address: contact@knieherstel.nl
Telephone number: +31 (6) 16519523
Chamber of Commerce number: 97757012
VAT number: 868217943B01
Website: https://knieherstel.nl
Article 3 – Applicability
These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply correspondingly, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer shall contain a complete and accurate description of the products, digital content, and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the trader.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can make electronic payments, the trader shall observe appropriate security measures for this purpose.
Within the limits of the law, the trader may verify whether the consumer can meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or application, giving reasons, or to attach special conditions to its execution.
The trader shall provide the consumer, at the latest upon delivery of the product, service, or digital content, the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the physical address of the trader’s business establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement when the right of withdrawal does not apply;
information on guarantees and existing after-sales services;
the price including all taxes of the product, service, or digital content; where applicable, delivery costs, and the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the consumer or a third party designated by him receives the last product. The trader may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times;
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him receives the final shipment or part;
c. for contracts for the regular delivery of products over a certain period: the day on which the consumer or a third party designated by him receives the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium within a minimum of 14 days without giving any reason. The trader may ask for the reason for withdrawal but may not oblige the consumer to state it.
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for failure to provide information on the right of withdrawal:
5. If the trader has not provided the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined in the previous paragraphs of this article.
6. If the trader provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer receives that information.
Article 7 – Consumer’s obligations during the cooling-off period
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is liable only for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 1.
Article 8 – Exercising the right of withdrawal by the consumer and associated costs
If the consumer exercises the right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or by making any other unambiguous statement.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or a person authorized by the trader). This is not required if the trader has offered to collect the product. The consumer has observed the return period in any case if the product is sent back before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product.
If the product has been opened and falls under an exception (such as medical injections), the right of withdrawal may lapse.
Article 9 – Obligations of the trader in the event of withdrawal
If the trader enables notification of withdrawal by electronic means, the trader shall promptly send an acknowledgement of receipt after receiving such notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any event within 14 days from the day on which the consumer notified the withdrawal. Unless the trader offers to collect the product, the trader may withhold the refund until the product has been received or until the consumer has supplied evidence of having sent back the product, whichever is the earlier.
The trader shall use the same means of payment as the consumer used, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
If the consumer chose a method of delivery that is more expensive than the standard least-cost delivery, the trader is not obliged to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market that are beyond the trader’s control and which may occur within the withdrawal period.
Contracts concluded at a public auction.
Service contracts after full performance of the service, but only if:
performance began with the consumer’s prior express consent; and
the consumer acknowledged that they would lose their right of withdrawal once the trader had fully performed the contract.
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport.
Service contracts for the provision of accommodation other than for residential purposes, the transport of goods, car rental and catering, where the contract provides for a specific date or period of performance.
Contracts relating to leisure activities, where the contract provides for a specific date or period of performance.
Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.
Products that spoil quickly or have a limited shelf life.
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (such as hyaluronic acid injections).
Products which, after delivery, are by their nature inseparably mixed with other items.
Alcoholic beverages, the price of which was agreed when the contract was concluded, but whose delivery can take place only after 30 days, and whose actual value depends on market fluctuations.
Sealed audio or video recordings and sealed computer software, once the seal has been broken after delivery.
Newspapers, periodicals or magazines, with the exception of subscriptions.
The supply of digital content other than on a tangible medium, but only if:
performance began with the consumer’s prior express consent; and
the consumer acknowledged thereby that they lose their right of withdrawal.
Article 11 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no influence. This susceptibility to fluctuations and the fact that any quoted prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are permitted only if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are permitted only if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.The prices stated in offers of products or services include VAT.
Article 12 – Conformity and additional guarantee
The trader warrants that the products and/or services are in conformity with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
Any additional guarantee provided by the trader, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the trader under the contract if the trader fails to fulfill their part of the contract.
“Additional guarantee” means any commitment by the trader, its supplier, importer or producer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event of a failure to perform their part of the contract.
Article 13 – Delivery and performance
The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the trader.
Subject to what is stated in Article 4 of these terms and conditions, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation where applicable.
Following dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless expressly agreed otherwise.
Article 14 – Continuing performance contracts: duration, termination and renewal
Termination:
The consumer may terminate a contract concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
In respect of the contracts referred to in the preceding paragraphs, the consumer may:
terminate at any time and not be restricted to termination at a specific time or in a specific period;
terminate at least in the same manner as the contract was entered into;
always terminate with the same notice period that the trader has stipulated for himself.
Renewal:
4. A fixed-term contract that provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
5. By way of derogation from the previous paragraph, a fixed-term contract that provides for the regular delivery of daily, news or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A fixed-term contract that provides for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall be no more than three months where the contract provides for the regular, but less than monthly, delivery of daily, news or weekly newspapers and magazines.
7. A contract with a limited duration for the regular introductory delivery of daily, news or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
Unless otherwise provided in the contract or additional conditions, amounts owed by the consumer must be paid immediately upon ordering. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
In the sale of products to consumers, the consumer may never be required in the general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the trader.
If the consumer does not fulfill the payment obligation(s) on time, and after the trader has drawn attention to the late payment and granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still fulfill the payment obligations, and payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount from the day following the reminder, and the trader shall be entitled to charge extrajudicial collection costs. These collection costs shall be a maximum of: 15% over outstanding amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer’s favor.
Article 16 – Complaints procedure
The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the trader in full and clearly described, within a reasonable time after the consumer has identified the defects.
Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must in any case allow the trader at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
Only Dutch law shall apply to agreements between the trader and the consumer to which these general terms and conditions apply.
Disputes may be submitted to the competent court in Amsterdam.
Article 18 – Industry guarantee
Not applicable.
Article 19 – Additional or deviating provisions
Additional provisions or deviations 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 – Amendments to the General Terms and Conditions
MediCentraPlus reserves the right to amend these terms and conditions.
For contracts already concluded, the previous version shall remain applicable.
