Index:

Article 1 – Definitions
Article 2 – MonitAir’s details
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of cancellation
Article 7 – Costs in case of cancellation
Article 8 – Prices
Article 9 – Conformity and warranty
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Disputes

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise the right of cancellation;
2. Consumer: the natural person who does not act in the exercise of a profession or business, and who concludes an agreement with the economic operator via e-commerce;
3. Day: calendar day;
4. Subscription transaction: an e-commerce agreement with regard to a series of products and/or services, which are delivered and/or purchased over a period of time;
5. Durable data carrier: any means that enables the consumer or economic operator to store information that is intended for the consumer or economic operator personally, and in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of cancellation: the option for the consumer to cancel the e-commerce agreement within the cooling-off period;
7. Model form: the model form for cancellation provided by the economic operator that a consumer can fill in if they wish to exercise the right of cancellation.
8. Economic operator: the natural or legal person who offers products and/or services to consumers via e-commerce;
9. E-commerce agreement: an agreement which relies exclusively on one or more technologies for remote communication in the context of a system organised by the economic operator to sell products and/or services remotely, up to and including the conclusion of the agreement;
10. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and economic operator meeting simultaneously in the same room.
11. General terms and conditions: these general terms and conditions of the economic operator.

Article 2 – MonitAir’s details

MonitAir BV
Zernikepark 16
9747 AN Groningen (NL)
Phone number: [and time(s) at which the economic operator can be reached by phone]
Email address: info@monitair.com
Chamber of Commerce number: 59381159
VAT identification number: [enter your VAT number here]

MonitAir BV supplies a CE medically-certified product called MonitAir.

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the economic operator and to every e-commerce agreement and order concluded between the economic operator and consumer.
2. If the e-commerce agreement is concluded electronically, the text of these general terms and conditions can 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.
3. If, at any time, one or more provisions in these general terms and conditions are wholly or partially void or nullified, the remainder of the agreement and these general terms and conditions will remain in force, and the relevant provision will be promptly replaced in mutual consultation by a provision that reflects the purpose of the original as closely as possible.

Article 4 – The offer

1. The offer will explicitly state if it has a limited period of validity or is subject to conditions.
2. The offer is without obligation. The economic operator is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess it properly. Any images used by the economic operator are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the economic operator.
4. All images, specifications and data in the offer are indicative, and cannot give rise to compensation or dissolution of the agreement.
5. Every offer contains the information needed by the consumer to clarify the rights and obligations attached to acceptance of the offer. This specifically concerns:

• • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded, and the actions required to do so;
  • whether the right of cancellation applies;
  • the method of payment, delivery and execution of the agreement;
  • the term of validity of the offer, or the term within which the economic operator guarantees the price;

Article 5 – The agreement

1. Subject to the provisions of Paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer, and the fulfilment of the associated conditions.
2. If the consumer accepts the offer electronically, the economic operator will immediately confirm receipt of the acceptance of the offer electronically. The consumer is entitled to dissolve the agreement until the economic operator confirms receipt of this acceptance.
3. If the agreement is concluded electronically, the economic operator will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the economic operator will take appropriate security measures.
4. The economic operator can, within the legal frameworks, investigate whether the consumer can meet their payment obligations, this in addition to all the circumstances and factors that are relevant to the responsible conclusion of the e-commerce agreement. If the results of this investigation give the economic operator good reasons not to conclude the agreement, the economic operator is legally entitled to reasonably refuse an order, or to attach special conditions to the execution of the order.
5. The economic operator will send the consumer the following information with the product or service, either in writing or in a way that allows the consumer to save it in an accessible manner on a durable data carrier:
   1. the contact details of the economic operator which the consumer can use to contact the economic operator in the event of complaints;
   2. the conditions under which and the manner in which the consumer can exercise the right of cancellation, or clear information regarding the non-applicability of the right of cancellation;
   3. the information about warranties and existing after-sales service;
   4. the information included in Article 4 Paragraph 3 of these general terms and conditions, unless the economic operator has already provided this information to the consumer before the execution of the agreement;
6. Every agreement is subject to the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of cancellation

When products are delivered:

1. When the consumer buys a product, they have a 14-day cooling-off period to dissolve the agreement without stating reasons. This cooling-off period starts on the day after the consumer receives the product.
2. During the cooling-off period, the consumer must handle the product and the box with care. The consumer must only unbox or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of cancellation, they must return the product with all the supplied accessories, and, if reasonably possible, in the original condition and box to the economic operator, in accordance with the reasonable and clear instructions provided by the economic operator.
3. If the consumer wishes to exercise their right of cancellation, they must let the economic operator know within 14 days of receipt of the product by contacting the economic operator at the specified email address. After the consumer has indicated a desire to exercise their right of cancellation, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the consumer does not indicate a desire to exercise their right of cancellation or to return the product to the economic operator within the periods referred to respectively in Paragraphs 2 and 3, the purchase is definitive.

Article 7 – Costs in case of cancellation

1. If the consumer exercises their right of cancellation, the maximum they will have to pay will be the costs of return.
2. Any amount already paid by the consumer to the economic operator will be refunded as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the returned product has been received by the online retailer, or conclusive proof of complete return can be submitted. Repayment will use the same payment method used by the consumer, unless the consumer expressly gives consent for another payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss in value of the product.

Article 8 – Prices

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes reflecting changes in VAT rates.
2. The prices stated in the product range include VAT.
3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.

Article 9 – Conformity and warranty

1. The economic operator guarantees that the products are in accordance with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. The economic operator does not guarantee that the product is suitable for anything other than normal use.
2. Any warranty provided by the economic operator, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the economic operator based on the agreement.
3. Any products that are incorrectly delivered or defects must be reported to the economic operator in writing within 4 weeks of delivery. Products must be returned in their original boxes and in new condition.
4. The economic operator’s warranty period corresponds to the manufacturer’s warranty period. However, at no time is the economic operator either responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.
5. The warranty is invalid if:
   1. The consumer has personally repaired and/or modified the delivered products, or had them repaired and/or modified by third parties;
   2. The delivered products have been exposed to abnormal conditions, or otherwise handled carelessly or contrary to the economic operator’s instructions and/or the instructions on the box;
   3. The defect is wholly or partly the result of regulations, adopted or to be adopted by the government, on the nature or quality of the materials used.

Article 10 – Delivery and execution

1. The economic operator will take the greatest possible care when receiving and executing orders for products. The products will be delivered to the address that the consumer has communicated to the economic operator.
2. With due observance of Paragraph 4 of this article, the economic operator will execute accepted orders with reasonable speed, but in any case within 30 days, unless the consumer has agreed to a longer delivery period. The consumer will be notified within 30 days of placing an order if the delivery is delayed, or if an order cannot be executed or only partially executed. In these circumstances, the consumer is entitled to dissolve the agreement without costs. The consumer is not entitled to compensation.
3. All delivery times are indicative. The consumer cannot derive any rights from any delivery times specified. The consumer is not entitled to compensation if the delivery time is exceeded.
4. If the agreement is dissolved in accordance with Paragraph 3 of this article, the economic operator will refund the amount paid by the consumer as soon as possible, but in any case within 14 days of dissolution.
5. If it proves to be impossible to deliver an ordered product, the economic operator will make every effort to make a replacement item available. By delivery at the latest, a clear and comprehensible notification will be issued stating that a replacement item will be delivered. The right of cancellation cannot be declared non-applicable for replacement items. The costs of any return shipment are for the account of the economic operator.
6. Unless expressly agreed otherwise, the economic operator bears the risk of damage or loss of products until the moment of delivery to the consumer or a representative designated in advance and made known to the economic operator.

Article 11 – Payment

1. Unless otherwise agreed, sums owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 Paragraph 1.
2. The consumer must immediately report any inaccuracies in the payment details communicated to the economic operator.
3. If the consumer fails to pay the sums owed, the economic operator has the right, subject to legal restrictions, to charge the reasonable costs incurred following communication of these costs to the consumer.

Article 12 – Disputes

1. Dutch law applies exclusively to agreements between the economic operator and the consumer to which these general terms and conditions apply, irrespective of whether the consumer lives inside or outside the Netherlands.
2. The Vienna Sales Convention does not apply.

Model cancellation form

(only complete and return this form if you wish to cancel the agreement)