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Terms and Conditions

Table of Contents

GENERAL CONSUMER TERMS AND CONDITIONS DE TESTER BV (04-03-2021)

01 – Definitions
02 – General
03 – Conclusion of the agreement
04 – Prices and rates
05 – Delivery time and terms
06 – Force majeure
07 – Delivery, transport, risk
08 – Decrease
09 – Right of withdrawal and cooling-off period
10 – Complaints
11 – Warranty and consumer claims
12 – Liability and confusion
13 – Safety Precautions and Recall
14 – Intellectual Property
15 – Billing and Payment
16 – Retention of title
17 – Attributable shortcoming and dissolution of the agreement
18 Applicable law and competent court
Annex I – information regarding the right of withdrawal
Annex II – Model withdrawal form

 

GENERAL TERMS AND CONDITIONS FOR CONSUMERS DE TESTER BV 1. Definitions

1. Definities

Consumer:    the natural person who is not acting in the course of a profession or business and who purchases certain Products from De Tester;

The Tester:  De Tester B.V., with its registered office and principal place of business in (1016 BR) Amsterdam, at Herengracht 178, registered in the trade register of the Chamber of Commerce under number 83040153;

offer:      Any offer made by De Tester to supply Products;

Force of the majority: a situation as referred to in Article 6 of these terms and conditions;

Product(en):  the products and/or services to be delivered by De Tester to the Consumer,  including product documentation, instructions for use and packaging;

Website:        de website van De Tester, https://www.de-soa-tester.nl, https://www.de-medische-tester.nl en https://www.de-medische-tester.be         

2. General

  1. These general conditions
    are exclusively applicable to any Offer and all agreements
    whereby Products are delivered by The Tester to Consumer.
  2. Under the term
    “written” with respect to communication between The Tester and Consumer
    also includes electronic communication.
  3. The Tester is entitled to
    to engage third parties for the execution of the agreement.
  4. Without prior
    consent of The Tester, Consumer cannot assign any rights or obligations under
    under the agreement concluded between the parties to a third party.
    third party. This clause has property law effect.

3. Formation of the Agreement.

  1. These general terms and conditions apply to every offer from the
        the entrepreneur and any agreement reached at a distance between
        entrepreneur and consumer.
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable provision that is most favourable to him in the event of contradictory conditions.

4. Prices and Rates

  1. All prices and rates are in EURO excluding VAT and excluding shipping costs, unless explicitly agreed otherwise. The shipping costs will be made known prior to the final order.
  2. When prices and/or rates of price-determining factors, such as, for example, wages, materials, currency differences, transportation costs, import duties or insurance rates, undergo an increase, for whatever reason, The Tester is entitled to change the agreed price accordingly at any time.

5. Delivery time and deadlines

  1. When ordering through the Website, items are available from stock, unless otherwise indicated. The Tester will do her utmost to ship an order placed on a workday before 12:00h on the same day. For orders placed between Friday afternoon 12:00h and Monday afternoon 12:00h The Tester will do her utmost to ship the order on Monday.
  2. If a Product is (temporarily) sold out, Consumer will be informed about this as soon as possible and Consumer will be offered the possibility to wait until the Product is available again. If Consumer does not respond or does not want to wait, the agreement will be dissolved by De Tester and any purchase price already paid will be refunded to Consumer within thirty days.
  3. Delivery periods and other deadlines shall commence on the first working day after the conclusion of the agreement and shall be based on the information and prevailing circumstances known at the time of the conclusion of the agreement.
  4. Stated or agreed delivery dates and other deadlines are approximate and shall never be regarded as a deadline.
  5. Delivery dates and other deadlines are extended for the time that the performance of the agreement is delayed by Force Majeure, circumstances other than those known to The Tester, failure to pay or suspension by The Tester of its obligations.

6. Force Majeure

  1. When De Tester is prevented to (further) execute the agreement due to Force Majeure of a permanent or temporary nature, regardless whether the Force Majeure situation was foreseeable, De Tester is entitled to postpone the (further) execution of the agreement partially or entirely, or, at the discretion of De Tester, to dissolve the agreement partially or entirely, by written notice and without judicial intervention. Any dissolution does not affect Tester’s right to payment from Consumer for services already rendered by Tester and Tester is never obligated to pay damages in that situation.
  2. Tester will notify Consumer of the Force Majeure situation as soon as possible. In case of suspension as referred to in Article 6.1, De Tester will still be entitled to dissolve the agreement in whole or in part at a later moment.
  3. Force Majeure includes all circumstances which temporarily or permanently prevent De Tester from fulfilling her obligations, such as fire, frost, strike or lock-out, riots, war, government measures, default of suppliers, electricity disruptions, computer, telephone and internet disruptions, theft or embezzlement of stock and further all circumstances where De Tester cannot reasonably be expected to fulfil her obligations towards Consumer (further). Force Majeure of De Tester’s suppliers is also considered Force Majeure of De Tester.
  4. If the Force Majeure on the part of The Tester lasts longer than thirty days, Consumer is authorized to rescind the agreement for the non-performing part by a written statement.

7. Delivery, transport, risk

  1. Delivery takes place at the address in The Netherlands indicated by the Consumer. The Products are at the expense and risk of De Tester until the moment of delivery of the Products to the Consumer.
  2. Tester shall send the following information to Consumer no later than upon delivery of the Products:
      • Visiting address of The Tester;
      • Method by which Consumer may file complaints;
      • The manner and conditions under which the right of withdrawal may be exercised (see below, Article 9);
      • The model withdrawal form.

8. Decrease

  1. Consumer is obliged to cooperate with the delivery, as well as to take delivery of the Products.
  2. If Consumer fails to take delivery of the Products, De Tester reserves the right to pass on to Consumer any associated costs (including storage and transportation costs).
  3. Acceptance shall be deemed to have been refused if the Products ordered have been offered for delivery, but delivery has proved impossible. Providing an incorrect or incomplete address shall be at the expense and risk of the Consumer. The day on which acceptance is refused shall be deemed to be the day of delivery.

9. Right of withdrawal and cooling-off period

  1. Consumer may, during a reflection period of fourteen days, dissolve the contract relating to the purchase of the Products without giving reasons.
  2. Consumer has to return the model form to The Tester within the consideration period or make clear in another unambiguous way that he wants to dissolve the purchase agreement. After receiving the model form or the unambiguous notification, The Tester will confirm the dissolution of the agreement.
  3. The aforementioned cooling-off period shall commence on the day after the Consumer has received the Products. If Consumer has previously designated a third party, not being the carrier, as recipient, receipt by this third party shall be decisive.
  4. If Consumer has ordered multiple Products that are delivered in multiple deliveries, the cooling-off period will only commence once Consumer has received the last delivery or, if applicable, the last delivery has been received by a third party designated in advance by Consumer other than the carrier.
  5. Consumer is obliged to handle the product and packaging with care during the cooling-off period. He shall only unpack or use the Products to the extent necessary to determine the nature, characteristics and operation of the product, as he would do in a store. If Consumer unpack or use the Products beyond what is permitted or damages the Products or packaging, Consumer shall be liable for any reduction in value of the Products.
  6. If the Products consist of hygiene products, due to hygiene regulations it is not allowed to remove these Products from their sealed packaging. Any hygiene products unpacked and returned to The Tester will be destroyed and will not be credited.
  7. Consumer must return the Products with all accessories and in the original packaging, together with a copy of the invoice, to De Tester as soon as possible, but no later than within fourteen days after he has indicated to dissolve the agreement. Decisive is whether the Consumer has actually offered the shipment to / given it to a parcel delivery company within the consideration period. De Tester reserves the right to give concrete instructions for returning the Products.
  8. The costs of returning the Products shall be borne by the Consumer. This is also stated in the Offer, on the Website and in the confirmation of the order. The Consumer must ensure that the package is adequately franked.
  9. Upon receipt by The Tester of the returned Products, The Tester will, within a period of fourteen days, refund to Consumer the full purchase price, including the shipping costs of a standard shipment. Reimbursement will be made in the same currency and by the same means of payment.
  10. If Consumer does not comply with the conditions set out in this article, there can be no rescission of the contract and the purchase price will not be refunded.

10. Complaints

  1. The consumer can no longer appeal to a defect in the performance if he has not complained about it in writing within a reasonable time after he discovered or reasonably should have discovered the defect.
  2. The complaint must include all relevant information to properly investigate the complaint, such as date of delivery, address where the Products were delivered, a detailed description and motivation of the complaint and any relevant images. Consumer is also required to keep a defective part and return it to De Tester upon first request.

11. Warranty and claims of Consumer

  1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in Article 4 of these General Conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. The cost of any return shipment will be borne by the entrepreneur.
  6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
    1. Subject to what is stated elsewhere in these terms and conditions and with the exception of products for which a shorter shelf life applies, The Tester guarantees the soundness of the Products delivered by her for three months after delivery. This means that De Tester guarantees that the Products meet the technical specifications as stated in the agreement or Offer.
    2. The Tester does not guarantee in any way that the Products it sells are suitable for the purpose Consumer has with the Products. It is up to Consumer to investigate, prior to entering into the agreement, whether the Products to be purchased are suitable for Consumer’s intended purpose and use.
    3. If the performance has not been carried out satisfactorily, a choice will be made in consultation with Consumer between resending the Products, completing the delivery or crediting for a proportionate part of the purchase price.
    4. If the choice is made to perform again, then De Tester will determine the manner and time of delivery. Consumer shall return defective Products to De Tester at De Tester’s expense upon first request and in accordance with De Tester’s instructions.
    5. In the event of a warranty claim, the Consumer shall remain obliged to purchase and pay for any other Products ordered. A (justified) warranty claim does not give a right to termination.
    6. In any case, the warranty obligation of The Tester included in this article does not apply when:
      • a defect results from the fact that The Tester has received incomplete or incorrect information with regard to the execution of the relevant agreement;
      • the defect results from the fact that Consumer uses the Products in a manner other than in accordance with the agreed or customary use of the Products;
      • changes or repairs have been made to the Products without the prior written consent of The Tester;
      • the delivered Products are affected by external causes;
      • The Consumer does not meet or has not met any obligations to The Tester arising from the underlying agreement, properly or on time.
    7. Transportation costs for redelivery of the Products will be at the expense and risk of The Tester.
    8. For items that De Tester obtains from third parties, its obligations towards Consumer are never greater, nor of longer duration, than the (guarantee) obligations of those third parties towards De Tester.

12. Liability and indemnification

  1. Any claim for damages against The Tester, except a claim acknowledged by The Tester, lapses one year after the day when Consumer became aware of the damage and the liability of The Tester.
  2. Consumer indemnifies De Tester for any liability and for all costs and damages incurred by De Tester and third parties in connection with the use of the Products in a manner other than in accordance with the agreed or customary use of the Products.
  3. In no event shall The Tester be liable for any damages when and to the extent that they result from The Tester’s failure to comply with instructions/instructions or the failure of Consumer or third parties to comply with use, control and/or maintenance requirements of Products.

13. Safety measures and recall

  1. Consumer is obliged to cooperate promptly with (measures related to) a safety warning, safety checks and replacement of the Products for safety reasons.
  2. Consumer is also required to cooperate promptly with any recall of Products initiated by The Tester.
  3. Any damages or costs of Consumer in connection with the provisions of this article will be compensated up to the amount of the invoice value of the Products originally delivered and/or retrieved, as charged by De Tester. Loss of turnover and profit of Consumer will not be compensated.

14. Intellectual Property

  1. Consumer is not allowed to copy, store, publish, reproduce or otherwise use text and/or image material from the Website without the express permission of The Tester.
  2. Consumer is not allowed to remove or change any indication of (quality) marks, such as CE marking, trade names, patents or other rights from Products delivered by The Tester.
  3. Consumer shall not remove (in whole or in part) or make invisible or illegible any identifying marks affixed to the Products.

15. Billing and payment

  1. In case of an order via the Website, the purchase price must be paid in advance via one of the payment options on the Website.
  2. If payment in advance is chosen, the agreement is concluded under the resolutive condition of payment. This means the order will only be shipped after payment has been received by De Tester. If payment is not received, the Consumer will receive a reminder. If payment is still not received, De Tester is entitled to dissolve the agreement immediately. When paying by bank transfer, the consumer should clearly mention the order number in the payment and take into account the processing time of the banks.
  3. In all other cases, Consumer must have paid the total amount stated on the invoice, including VAT, within 14 days of the invoice date at the latest.
  4. Payment is to be made net to The Tester’s designated bank account. The value day indicated on De Tester’s bank statements is considered the day of payment.
  5. If Consumer has not paid the full amount due within the agreed payment term, and Consumer has been reminded by De Tester with observance of a payment term of fourteen days, Consumer is legally in default. From the day the Consumer is in default until the day of full payment, the Consumer is obliged to pay statutory interest as referred to in article 6:119 Dutch Civil Code. In addition, the Consumer must pay extrajudicial collection costs in accordance with the graduated scale of the decision pertaining to the Dutch Extrajudicial Collection Costs Act (Wet normering buitengerechtelijke incassokosten).
  6. The Tester is entitled to invoice agreements that are executed in parts, per partial delivery.
  7. Incoming payments shall always first serve to settle judicial and extrajudicial costs, penalties and interest, and shall then serve to settle the oldest outstanding accounts with The Tester, regardless of any other designation by Consumer.

16. Retention of title

  1. The Products delivered by The Tester remain its property until Consumer has fulfilled all its obligations under the agreement, including claims for failure to fulfill an agreement (such as interest, costs and penalties), all this as meant in Article 3:92 of the Dutch Civil Code.
  2. Consumer is obligated to exercise due care with regard to all Products on which De Tester’s retention of title rests, to provide De Tester with access to those items and to immediately inform De Tester in writing of any third party action, which is or may be related to the delivered Products in a way that is detrimental to De Tester.
  3. The Tester has the right to take back (or have taken back) Products delivered to Consumer that have remained property of The Tester, when Consumer does not fulfill his obligations or The Tester has reason to believe that Consumer will not fulfill his payment obligations. The Consumer is obligated to make taking back possible. The costs associated with taking back the product are borne by the Consumer. When taking back the Products, the Consumer will be credited on the basis of the invoice value, or, in case of damage to the Products, on the basis of the fair market value.
  4. Consumer is obligated to draw the attention of third parties (such as trustees and garnishers who claim any right with regard to the Products on which The Tester has a retention of title) to The Tester’s retention of title. Consumer shall immediately inform De Tester in a aforementioned case in writing by letter and by e-mail.

17. Attributable failure and dissolution of the agreement by the Tester

  1. Consumer shall be deemed to be in default by operation of law and Consumer’s (remaining) debt to The Tester shall be immediately due and payable when:
      • Consumer files for its own bankruptcy, is declared bankrupt, applies for a moratorium or applies to be admitted to the Natural Persons Debt Rescheduling Act; or
      • Consumer dies; or
      • Consumer does not or not completely fulfill any obligations towards The Tester by virtue of law or contractual conditions; or
      • Consumer fails to pay an invoice amount due to The Tester within the fourteen day period set forth in the reminder; or
      • all or part of Consumer’s assets are seized; or
      • a situation similar to a through e occurs under the law of the country of residence of Consumer,
  2. In the situations mentioned in article 17.1, The Tester is entitled to suspend her obligations or to dissolve the agreement, completely or partially, immediately and without judicial intervention, all this without prejudice to The Tester’s other rights, such as rights regarding already expired fines, interest and the right to compensation.
  3. Tester shall not be liable to pay any compensation to Consumer in the event of termination of the Agreement in accordance with the provisions of this Article.
  4. Upon termination of the Agreement, provisions which by their nature are intended to continue shall remain in effect.
  5. In case of dissolution, De Tester is entitled to take back the Products, free from all rights of Consumer. In such case, De Tester and its authorized representative(s) are entitled to enter the premises/premises of Consumer in order to take possession of the Products. Consumer is obligated to cooperate and take the necessary measures to enable De Tester to enforce its rights.

18. Applicable law and competent court

  1. Any agreement concluded between the parties shall be governed by Dutch law.
  2. The Vienna Sales Convention does not apply.
  3. Any disputes in connection with or arising from an agreement will be submitted in the first instance to the judge who is competent under Dutch law to take cognizance of the dispute.

Annex I - Information regarding the right of withdrawal

Information regarding revocation.

You can dissolve the agreement without giving any reason during a fourteen days consideration period, counting from the receipt of the Products, by returning the model form to De Tester within this period or by giving notice in another unambiguous way that you wish to dissolve the purchase agreement. After receiving the model form or the unambiguous notification, De Tester will confirm the dissolution of the agreement.

You are obliged to handle the Product and its packaging with care during the cooling-off period. You may only unpack or use the Products to the extent necessary to determine the nature, characteristics and operation of the product, as you would in a store. If you unpack or use the Products beyond what is permitted or damage the Products or packaging, you will be liable for any reduction in value of the Products. If the Products consist of hygiene products, it is not permitted to remove these Products from their sealed packaging due to hygiene regulations.

You must return the Products with all accessories and in their original packaging together with a copy of the invoice to The Tester as soon as possible, but within 14 days at the latest, after you have indicated to dissolve the agreement. The costs for returning the Products are for your account as a consumer. You are responsible for sufficient postage of the package.

After De Tester has received the returned Products, De Tester will refund the full purchase price, including the shipping costs of a standard shipment, within fourteen days. Refunds will be made in the same currency and by the same means of payment.

If you do not comply with the conditions set out in this article, there can be no dissolution of the agreement and the purchase price will not be refunded.

Complaints about the delivered Products and other correspondence can be addressed to info@de-medische-tester.nl.

Company details:

The Tester B.V.


Herengracht 178,

1016 BR Amsterdam

Appendix II - Model form

Model withdrawal form

(complete this form and return it by e-mail only if you wish to withdraw from the contract)

To:    The Tester B.V.

  • I hereby inform you, that I am revoking our agreement regarding the sale and delivery of the following Products: ____________________________________________________________________________

            ____________________________________________________________________________

  • Ordered on __________ [date of order] and received on __________ [date of order for services or receipt for Products].
  • Consumer Name:
  • Adres Consument:
  • Signature (if completed on paper):

About The Tester

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