from Karma Healthcare located in Utrecht
Version valid from 01-01-2020
Article 1. General
1.1 These terms and conditions apply to all Karma Healthcare offers. The conditions are accessible to everyone and included on the Karma Healthcare website. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Karma Healthcare reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Karma Healthcare.
1.4 Karma Healthcare guarantees that the delivered product meets the agreement and meets the specifications stated in the offer, taking into account the information under the disclaimer.
Article 2. Delivery
2.1 Delivery takes place while stocks last. The stock on the website/webshop is only indicative and in some cases dependent on the stock at our suppliers.
2.2 Under the rules of distance selling, Karma Healthcare will execute orders at least within 30 days. If this is not possible (because the ordered item was not delivered stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Karma Healthcare will, subject to proof to the contrary, be met once the goods delivered by Karma Healthcare have been offered to the customer.
In the case of home delivery, the carrier’s report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Article 3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EUROs and include VAT.
Article 4. Trial period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without stating a reason. This period starts when the ordered goods are delivered. If the customer has not returned the delivered goods to Karma Healthcare after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Karma Healthcare in writing within the period of 14 working days after delivery.
The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, Karma Healthcare will ensure that the full purchase amount excluding the calculated shipping costs is refunded to the customer within 30 days after proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolve, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services/delivery/installation of third parties, whereby Karma Healthcare only acts as an intermediary or agent, the general terms and conditions of the said third party.
4.3 The right of withdrawal does not apply to:
• services whose execution, with the consent of the consumer, has started before the term of fourteen working days
• goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
• goods that are manufactured according to the consumer’s specifications, for example custom work, or that have a clearly personal character
• Goods delivered in different colors and sizes
• Discontinued goods that disappear from the assortment. This is clearly stated with the respective products.
• for goods or services that cannot be returned due to their nature, for example in connection with. hygiene or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the supply of newspapers and magazines; for the services of betting and lotteries
Article 5. Data management
5.1 If you place an order with Karma Healthcare, your details will be included in the Karma Healthcare customer base. Karma Healthcare abides by the Law
5.2 Karma Healthcare respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 Karma Healthcare uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list. You can unsubscribe from the mailing list at any time by sending an email to email@example.com.
Article 6. Warranty
6.1 Karma Healthcare guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer’s warranty of the product delivered to you.
6.2 The warranty period of Karma Healthcare corresponds to the manufacturer’s warranty period.
However, Karma Healthcare is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Karma Healthcare (before proceeding to return it to Karma Healthcare). Any defects or incorrectly delivered goods must and can be reported to Karma Healthcare in writing no later than 1 month after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of a defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void.
6.4 If the customer’s complaints are found to be well-founded by Karma Healthcare, Karma Healthcare will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of Karma Healthcare and therefore the amount The compensation is always limited to a maximum of the invoice amount (excluding shipping costs) of the relevant items, or (at the discretion of Karma Healthcare) to the maximum amount covered in the relevant case by Karma Healthcare’s liability insurance. Any liability of Karma Healthcare for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, physical damage or damage due to lost profit.
6.5 Karma Healthcare is not liable for damage caused by intent or equivalent willful recklessness of non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Karma Healthcare; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or have been treated contrary to the directions of Karma Healthcare and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
6.7. If a manufacturer’s warranty applies, Karma Healthcare may require the customer to contact the manufacturer of the product concerned.
Article 7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Karma Healthcare reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises only bind Karma Healthcare after they have been expressly confirmed in writing.
7.4 Offers from Karma Healthcare do not automatically apply to repeat orders.
7.5 Karma Healthcare cannot be held to its offer if the customer should have understood that the offer, or a part thereof, is an apparent
contained a mistake or error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
7.7 Karma Healthcare can make specific offers to individual buyers without other buyers being able to derive any rights from this
Article 8. Agreement
8.1 An agreement between Karma Healthcare and a customer is established after an order has been assessed by Karma Healthcare for feasibility.
8.2 Karma Healthcare reserves the right not to accept orders or assignments without stating reasons or to accept them exclusively on the condition that the shipment takes place under i-deal payment or after payment in advance.
Article 9. Images and specifications
9.1 All images; photos, drawings, etc.; Information regarding weights, dimensions, colors, images of labels, etc. on the Karma Healthcare website are only approximate, are indicative and cannot lead to compensation or termination of the agreement.
Article 10. Force majeure
10.1 Karma Healthcare is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay or non-performance by our suppliers, Internet disruptions, electricity disruptions, e-mail disruptions and disruptions or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Karma Healthcare as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure.
10.3 In the event of force majeure, Karma Healthcare reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. Under no circumstances is Karma Healthcare obliged to pay any fine or compensation.
10.4 If Karma Healthcare has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or the deliverable part and the customer is obliged to pay this invoice as concerned it’s a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 11. Liability
11.1 Karma Healthcare is not liable for damage to vehicles, persons or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website and that of the manufacturer;
11.2 Karma Healthcare is never responsible for production errors or other defects of products not produced by Karma Healthcare itself. For this, one should contact the relevant manufacturer.
Article 12. Retention of title
12.1 Ownership of all goods sold and delivered by Karma Healthcare to the customer remains with Karma Healthcare as long as the customer has not settled the claims of Karma Healthcare under the agreement or previous or subsequent similar agreements, as long as the customer has performed or still to be performed has not yet fulfilled the work from these or similar agreements and as long as the customer has not yet fulfilled the claims of Karma Healthcare due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Karma Healthcare that fall under the retention of title may only be resold in the context of normal business operations and never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber the goods subject to retention of title in any other way.
12.4 The customer already now gives unconditional and irrevocable permission to Karma Healthcare or a third party to be appointed by Karma Healthcare, in all cases in which Karma Healthcare wishes to exercise its property rights, to enter all those places where its property will then be located and those items to take there.
12.5 If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Karma Healthcare as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Karma Healthcare on first request.
Article 13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Karma Healthcare and the buyer, which cannot be resolved by mutual agreement, will be taken by the competent court within the district of ‘s-Hertogenbosch, unless Karma Healthcare prefers the difference to the competent court. of the buyer’s domicile, and with the exception of those disputes that fall within the competence of the subdistrict court.
Additional general terms and conditions quote & assembly
In addition to the aforementioned articles, the following additional conditions apply to quotations & installation.
Article 1 Applicability and Definitions
1.1 These general terms and conditions apply to all our offers and all agreements. In particular, they apply to all our purchases and to all our sales and deliveries of goods. These terms and conditions also apply to all our services including advice and information provided.
1.2 In these general terms and conditions, the following definitions apply: The other party; the natural or legal person who receives offers from us in accordance with paragraph 1 or with us
1.3 In the event that one or more provisions of these terms and conditions should prove to be invalid or be annulled, this shall not affect the legal force of the other provisions.
Article 2 Quotations
2.1 Karma Healthcare is only bound by the offers if the acceptance thereof is confirmed in writing by the other party within 14 days by signing the attached order confirmation.
2.2. For private customers, the quotes include VAT.
Article 3 Amendment of the agreement
3.1 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement in a timely manner and in mutual consultation.
3.2. If the time of completion is affected by this, Karma Healthcare will notify the client as soon as possible.
3.3. the client is responsible for indicating any illogical course of existing piping in walls, floors and ceilings.
Article 4 Performance of an agreement
4.1 Karma Healthcare will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
4.2 If and insofar as required for the proper execution of the agreement, Karma Healthcare has the right to have certain activities performed by third parties.
4.3 The client is obliged to enable execution of the agreement under circumstances that comply with legal safety requirements and government regulations and
also (timely) ensure the necessary connection options, permits and exemptions.
Article 5 Additional and less work
5.1 Work assigned to Karma Healthcare and deliveries to be performed by it are strictly limited to what has been agreed in writing between it and a client.
5.2 Notwithstanding the provisions of the first paragraph of this article, Karma Healthcare and a client can subsequently agree that more, or less, will be performed and/or delivered than originally agreed upon between them. The excess will then be charged to the client by Karma Healthcare. The lesser will not be calculated, or will be settled in such a case.
5.3 If and insofar as Karma Healthcare will be confronted with unforeseen cost-increasing factors during the execution of an assignment, it will be entitled to to charge this on to a client.
6.1 If the insurer does not pay out in any case or if damage is not covered by the insurance, Karma Healthcare’s liability is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates.
6.2 Karma Healthcare is never liable for consequential damage.
6.3 If, due to circumstances attributable to the client, the agreement cannot be performed (on time), the damage resulting from this for Karma Healthcare must be compensated by the client.
Article 7 Dissolution of the agreement
7.1 The claims of Karma Healthcare against the client are immediately due and payable if, after the conclusion of the agreement, Karma Healthcare has become aware of circumstances that give cause to fear that the client will not (be able to) fulfill its obligations.
7.2 In that case, Karma Healthcare is authorized to suspend further execution of the agreement, or to dissolve the agreement, without prejudice to Karma Healthcare’s right to claim compensation of at least 20%. Unless otherwise indicated.
Article 8 Defects
8.1 Complaints about the work performed must be reported to Karma Healthcare in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
8.2 Karma Healthcare will still perform the work if the complaint proves to be well-founded, unless this has become demonstrably pointless for the client in the meantime. The latter must be made known in writing by the client.
8.3 If the performance of the agreed work is no longer possible or useful, Karma Healthcare will only be liable within the limits of Article 5 and Article 9.
Article 9 Payment
9.1 Unless otherwise agreed, payment must be made before the work is performed.
9.2 Karma Healthcare remains the owner of all materials and parts as long as the client has not fulfilled its payment obligations.
Article 10 Force majeure
10.1 Force majeure in these terms and conditions is understood to mean all external causes, foreseen or unforeseen, over which Karma Healthcare has no influence, but as a result of which Karma Healthcare is unable to fulfill the obligations entered into.
10.2 During force majeure, Karma Healthcare’s obligations are suspended. If this period lasts longer than 6 months, both parties are entitled to dissolve the agreement without there being any obligation to pay compensation in that case.
10.3 If Karma Healthcare has already partially fulfilled the agreed obligations at the commencement of the force majeure, or can only partially fulfill these obligations,
Karma Healthcare is entitled to separately invoice the already performed or executable part and the client is obliged to pay this invoice as if it were a separate agreement.
Article 11 Intellectual property
11.1 The documents provided by Karma Healthcare to the client, such as working drawings, designs, technical descriptions and the like, remain the (intellectual) property of Karma Healthcare. They may therefore not be used, copied, handed over to third parties or made public in any other way without his permission.
Article 12 Applicable law
12.1 Any agreement between Karma Healthcare and the client is exclusively governed by Dutch law.