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  1. General Terms and Conditions

  2. Table of Contents

    • Article 1 - Definitions
    • Article 2 - Identity of the entrepreneur
    • Article 3 - Applicability
    • Article 4 - The offer
    • Article 5 - The agreement
    • Article 6 - Right of withdrawal
    • Article 7 - Obligations of the consumer during the reflection period
    • Article 8 - Exercise of the right of withdrawal by the consumer and its costs
    • Article 9 - Obligations of the entrepreneur upon withdrawal
    • Article 10 - Exclusion of the right of withdrawal
    • Article 11 - The price
    • Article 12 - Performance and additional guarantee
    • Article 13 - Delivery and execution
    • Article 14 - Duration transactions: duration, termination and extension
    • Article 15 - Payment
    • Article 16 - Complaints procedure
    • Article 17 - Disputes
    • Article 18 - Industry guarantee
    • Article 19 - Additional or deviating provisions
    • Article 20 - Amendment of the General Terms and Conditions


    Article 1 - Definitions

    1. 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 delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
    2. Cooling-off period:the period within which the consumer can exercise their right of withdrawal;
    3. Consumer:the natural person who does not act for purposes related to their trade, business, craft or professional activity;
    4. Day:calendar day;
    5. Digital content:data that is produced and delivered in digital form;
    6. Duration agreement:an agreement that aims for the regular delivery of goods, services and/or digital content over a specified period;
    7. Durable medium:any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period that is appropriate to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
    8. Right of withdrawal:the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
    9. Entrepreneur:the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
    10. Distance contract:an agreement made between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively or in conjunction;
    11. Model withdrawal form:the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding their order;
    12. Technique for distance communication:a means that can be used to conclude an agreement, without the consumer and entrepreneur needing to meet simultaneously in the same space.
  1. Article 2 - Identity of the entrepreneur

    MediCentraPlus B.V.

    Registered address: Soetendaal 154, 1081BS Amsterdam

    Email address: see the contact form on the contact page

    Phone number: +31 (6) 16519523

    Chamber of Commerce number: 97757012

    VAT number: 868217943B01

    Website:medicentraplus.com

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
    2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
    3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, 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 will be indicated before the distance contract is concluded 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.
    4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
  2. Article 4 - The offer

    1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
    2. The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
    3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
  3. Article 5 - The agreement

      1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
      2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
      3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures in this regard.
      4. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
      5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, provide 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 medium:

        1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
        2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion from the right of withdrawal;
        3. the information about guarantees and existing service after purchase;
        4. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;
        5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
        6. if the consumer has a right of withdrawal, the model withdrawal form.
      6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  4. Article 6 - Right of withdrawal

    For products:

    1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).
    2. The reflection period mentioned in paragraph 1 begins 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 the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer about this prior to the ordering process. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; c. for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
  5. For services and digital content that is not delivered on a tangible medium:

    1. The consumer can cancel a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).
    2. The reflection period mentioned in paragraph 3 begins on the day following the conclusion of the agreement. 
  6. Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

    1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous sections of this article.
    2. If the entrepreneur has provided the information referred to in the previous section to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
  7. Article 7 - Obligations of the consumer during the reflection period

    1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
    2. The consumer is only liable for any reduction in value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
  8. Article 8 - Exercise of the right of withdrawal by the consumer and its costs

    1. If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
    2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.
    3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
    4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
    5. The consumer bears the direct costs of returning the product.
    6.  If the product has been opened and falls under the exception (such as medical devices - injections), the right of withdrawal may lapse.

  9. Article 9 - Obligations of the entrepreneur upon withdrawal

    1. If the entrepreneur allows the consumer to notify them of withdrawal electronically, they will send an acknowledgment of receipt without delay upon receiving this notification.
    2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
    3. The entrepreneur uses the same payment method for refunds that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
    4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method. 
  10. Article 10 - Exclusion of the right of withdrawal

    The entrepreneur may exclude the following products and services from the right of withdrawal,but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.:

    1. Products or services whose price is linked to fluctuations in the financial market which the entrepreneur cannot influence and which may occur within the withdrawal period;

    2. Agreements made during a public auction;

    3. Service agreements, after full performance of the service, but only if:

      1. the performance has begun with the express prior consent of the consumer; and

      2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

    4. Package holidays as referred to in Article 7:500 of the Civil Code and agreements for the transport of persons;

    5. Service agreements for the provision of accommodation, other than for residential purposes, freight transport, car rental and catering, if a specific date or period of performance is provided for in the agreement;

    6. Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;

    7. Products made to the specifications of the consumer, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

    8. Products that spoil quickly or have a limited shelf life;

    9. Sealed products that 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);

    10. Products that have been irrevocably mixed with other products after delivery due to their nature;

    11. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations;

    12. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;

    13. Newspapers, magazines or periodicals, excluding subscriptions to these;

    14. The delivery of digital content other than on a tangible medium, but only if:

    • the performance has begun with the express prior consent of the consumer; and

    • the consumer has declared that he loses his right of withdrawal.

  11. Article 11 - The price

    1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
    2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
    3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
    5. The prices mentioned in the offer of products or services are inclusive of VAT.
  12. Article 12 - Performance and additional guarantee

    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
    2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to comply with its part of the agreement.
    3. Extra warranty is understood to mean any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the agreement. 
  13. Article 13 - Delivery and execution

    1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
    2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
    3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
    4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount that the consumer has paid.
    5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
  14. Article 14 - Duration transactions: duration, termination and extension

    Termination:

    1. The consumer can terminate an agreement that has been entered into for an indefinite period and which involves 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.
    2. The consumer can terminate an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
    3. The consumer can terminate the agreements mentioned in the previous sections:
    • at any time and not be limited to termination at a specific time or within a specific period;
    • at least terminate in the same manner as they were entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself.
  15. Extension:

    1. An agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
    2. Notwithstanding the previous section, an agreement that has been entered into for a fixed term and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
    3. An agreement that is entered into for a fixed term and which involves the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case where the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be continued tacitly and will automatically end after the trial or introductory period.
  16. Duration:

    1. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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.
  17. Article 15 - Payment

    1. Unless otherwise stipulated in the agreement or additional terms, the amounts owed by the consumer must be paid immediately upon ordering. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
    2. In the sale of products to consumers, the consumer may never be obliged in general terms to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
    3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
    4. If the consumer fails to meet his payment obligation(s) in a timely manner, he is, after being pointed out by the entrepreneur regarding the late payment and after the entrepreneur has granted the consumer a period of 14 days, starting from the day after receipt of the reminder, to still meet his payment obligations,after the failure to pay within this 14-day period, liable to pay statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favour of the consumer.
  18. Article 16 - Complaints procedure

    1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear description within a reasonable time after the consumer has identified the defects.
    3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
    4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
    5.  
  19. Article 17 - Disputes

    1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
    2. Disputes may be submitted to the competent court in Amsterdam.
  20. Article 18 - Industry guarantee

    Not applicable.

    Article 19 - Additional or deviating provisions

    Supplementary or deviating provisions 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 - Amendment of the General Terms and Conditions

  21. MediCentraPlus B.V. reserves the right to amend these terms.

  22. The old version remains applicable to agreements already concluded.