General Terms & Conditions SimCPR Medical B.V.
These are the General Terms & Conditions of SimCPR Medical B.V. (hereinafter referred to as SimCPR Medical).
These terms and conditions apply every time you make use of or place an order via our website and contain important information for you as buyer.
Please read these Terms and Conditions carefully. We recommend you save or print these terms and conditions, so you can read them again at a later stage.
ARTICLE 1. Definitions
SimCPR Medical: having its registered seat in Roden, the Netherlands and registered as SimCPR Medical B.V. at the Chamber of Commerce under registration number 77714865.
General Terms & Conditions: the present General Terms & Conditions.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with SimCPR Medical and/or has registered via the Website.
Customer: the natural or legal person, whether or not acting in the exercise of a profession or business and who enters into an Agreement with SimCPR Medical and/or has registered via the Website.
Business customer: the natural or legal person acting in the exercise of his profession or business and who enters into an agreement with SimCPR Medical and/or has registered via the Website.
Agreement: any understanding or agreement between SimCPR Medical and Customer, of which agreement the General Terms & Conditions form an integral part.
Product(s): all movable goods, which are not the subject matter of any offer, agreement or other legal action in the relationship between SimCPR Medical and the Customer.
Website: the websites of SimCPR Medical, to be consulted via https://simcpr.com
ARTICLE 2. Applicability of General Terms & Conditions
2.1 The General Terms & Conditions apply to all offers, Agreements and deliveries of SimCPR, unless explicitly agreed otherwise in writing.
2.2 If, in his offer, confirmation or notification, Customer accepts provisions or terms and conditions that derogate from, or are not included in the General Terms & Conditions, these are only binding to SimCPR Medical, if and to the extent that these provisions or terms and conditions have been explicitly accepted by SimCPR Medical in writing.
2.3 In case that any specific Product or Service conditions apply in addition to these General Terms & Conditions, these conditions do also apply. However, Customer may invoke the applicable provision he deems the most favourable at any time in the event of conflicting conditions.
ARTICLE 3. Prices and information
3.1 All prices specified on the Website and in other materials of SimCPR Medical are inclusive of VAT and other government fees and levies, unless otherwise specified on the Website.
3.2 If shipping costs are charged, this will be clearly stated in a timely manner before conclusion of the Agreement. Furthermore, these costs will be separately specified in the order process.
3.3. The content of the Website has been compiled with the utmost care. However, SimCPR Medical cannot guarantee that all information on the website is accurate and complete at all times. All prices and other information on the Website and in other materials of SimCPR Medical are subject to apparent programming and typing errors.
ARTICLE 4. Conclusion of Agreement
4.1 The Agreement is concluded the moment the Customer accepts the Product and/or Service offer of SimCPR Medical and meets the associated conditions required by SimCPR Medical.
4.2 If Customer has accepted the offer by electronic means, SimCPR Medical shall immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the Customer may still dissolve the Agreement.
4.3 If it emerges that upon acceptance of or upon entering the Agreement in another way, Customer has provided incorrect information, SimCPR Medical is entitled to only comply with its obligation after receipt of the correct information.
4.4 SimCPR Medical may obtain information, within legal frameworks, about the Customer’s ability to meet his payment obligations, as well as enquire after any other facts and circumstances that are of interest to a sensible conclusion of the Agreement. If SimCPR Medical has fairgrounds not to enter into the Agreement on the score of this enquiry, it is entitled to reject, supported by reasons, an order or request or to apply special terms to the execution thereof, such as an advance payment.
ARTICLE 5. Registration
5.1 To be able to make optimum use of the Website, Customer can register via the registration form/the account login options on the Website.
5.2 During the registration procedure, Customer selects a user-name and password to log on to the Website after registration. Customer is responsible for selecting a sufficiently reliable password.
5.3 Customer is required to keep his login details, username and password strictly confidential. SimCPR Medical is not liable for any misuse of the login details and may assume at all times that a Customer who registers at the Website, is indeed that Customer. Everything that happens through the account of Customer is at the responsibility and risk of Customer.
5.4 If Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must immediately change his password and/or inform SimCPR Medical thereof, to enable SimCPR Medical to act appropriately.
ARTICLE 6 Execution of Product Agreement
6.1 Immediately after SimCPR Medical has received the order, SimCPR Medical shall send the Product as soon as possible with due observance of the provisions laid down in paragraph 3 of this Article.
6.2 SimCPR Medical is entitled to hire third parties for the execution of the obligations arising from the Agreement.
6.3 The Website shall clearly specify, in a timely manner before the conclusion of the Agreement, in what manner the Products shall be supplied and within what term. If no term has been agreed or specified, the Products shall in any case be supplied within 30 days.
6.4 If SimCPR Medical fails to deliver the Products within the agreed term, it will notify Customer thereof. In that case, Customer may agree to a new delivery date or will be given the opportunity to dissolve the Agreement free of charge.
6.5 SimCPR Medical recommends Customer to inspect the Product supplied and to report any defaults within reasonable time, preferably in writing. Business Customers are entitled to lodge a complaint within 14 days after receipt of the Product. Upon discovery of a default, SimCPR Medical shall repair/replace the Product and if repair/ replacement is not possible, it shall refund any amount paid, with any shipping costs being charged to the Business Customer. After this term, the complaint will no longer be taken into consideration.
6.6 Immediately after delivery of the Product at the address indicated, the risk concerning these products passes to Customer. If explicitly agreed otherwise, the risk will pass to customer at an earlier stage. If Customer decides to collect the Product, the risk shall pass to Customer when the Product is handed over.
6.7 SimCPR Medical is entitled to deliver a similar Product of similar quality as the Product ordered, if the Product ordered can no longer be supplied. In that case, Customer is entitled to dissolve the Agreement and return the Product free of charge.
ARTICLE 7. Right of withdrawal/return for Products
7.1 This Article applies to Consumer. Business Customers are therefore not entitled to a right of withdrawal. Consumer has the right to dissolve the distance Agreement with SimCPR Medical free of charge within 14 calendar days after receipt of the Product, without stating any reasons. The term commences on the day after Consumer, or a third party, who is not the executor, appointed by him beforehand, has received the Product, or:
- if Consumer has ordered multiple Products in the same order: the day on which Consumer, or a third party appointed by him, has received the last Product;
- if the Product delivery consists of several shipments or parts: the day on which Consumer, or a third party appointed by him, has received the last shipment or the last part;
- with respect to Agreements concerning regular Product supplies during a certain period: the day on which Consumer, or a third party appointed by him, has received the first Product.
7.2 Only the direct costs of the return shipment shall be charged to Consumer. Consumer must therefore pay the return costs. If these costs are higher than the regular postal rates, SimCPR Medical shall give an estimate of these costs. Any cost paid by Consumer for delivery and payment of the Product to Consumer, shall be refunded to Consumer upon return of the entire order.
7.3 Within the withdrawal term as referred to in paragraph 1, Consumer shall handle the Product and the packaging with care. Consumer shall only open the packaging and only use the Product to the extent that this is needed to check the nature, characteristics and functions of the Products. Basic principle in this respect is that Consumer is only entitled to inspect the Product to the extent as also possible in a physical store.
7.4 Consumer is only liable for devaluation of the Product, which results from a manner in which the Product is handled that goes beyond the provisions as laid down in the previous paragraph.
7.5 Consumer is entitled to dissolve the Agreement pursuant to the term laid down in paragraph 1 of this Article by (digitally) sending the standard withdrawal form to SimCPR Medical, or by notifying SimCPR Medical in another unequivocal manner of the fact that he wants to cancel the order. In case of a digital notification, SimCPR Medical shall confirm the receipt of the notification. After dissolution, Consumer must return the Product within 14 days. It is also possible to immediately return the Product within the reflection period as laid down in paragraph 1 of this Article, provided the standard withdrawal form or another unequivocal withdrawal statement has been enclosed.
Products can be returned to:
1e Energieweg 13
9301 LK Roden
7.6 Any (advanced) payments done by Consumer shall be refunded to Consumer as soon as possible and in any event within 14 days after dissolution of the Agreement, in the same manner as Consumer has paid for the order. If Consumer has selected a more expensive shipping method than the cheapest standard delivery, SimCPR Medical is not required to refund the additional costs of the more expensive method. Unless SimCPR Medical offers to collect the Product, SimCPR Medical may wait with the refund until SimCPR Medical has received the Product or until Consumer proves that he has returned the Product, whichever is the earliest.
7.7 The Website shall clearly state, in a timely manner before conclusion of the Agreement, any information with respect to whether or not the right of withdrawal is applicable and any preferred procedure.
7.8 The right of withdrawal does not apply to:
• Products that are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery, including in any case AEDs.
ARTICLE 8. Right of withdrawal for Services
8.1 This Article only applies to Consumer. Business Customers are therefore not entitled to a right of withdrawal.
8.2 Consumer has the right to dissolve the Agreement with respect to the execution of a Service within 14 days, without stating any reasons, as referred to in Article 8.1. SimCPR Medical may ask Consumer for a reason. However, Consumer is not required to answer.
8.3 The 14-day reflection period, as referred to in paragraph 2, commences on the day following the conclusion of the Agreement.
8.4 Does the Consumer use his right to withdraw the Agreement after first having explicitly
requested the execution of the Service during the reflection period, Consumer is required to pay an amount to SimCPR Medical. This amount is in proportion to the part of the agreement that has been executed by SimCPR Medical at the moment of the withdrawal, compared to the entire execution of the Agreement.
ARTICLE 9. Payment
9.1 Customer is required to pay the Product to SimCPR Medical according to the payment methods as indicated in the order procedure and possibly on the website. SimCPR Medical is free to select the methods of payment and they may change from time to time. Customer has the opportunity to pay after the Product is delivered. The payment term for this payment method is 14 days from the day of delivery.
9.2 The Service is provided on a subscription basis, which means that Custumer is annually required to pay a fixed amount in advance. SimCPR Medical shall send an electronic invoice to Customer for the amount due for the Service to be delivered. The invoice payment term is 14 days after the date of the invoice, unless a longer payment term is specified on the invoice.
9.3 If Consumer fails to meet his payment obligation(s) in time, this Consumer is required, after first having been notified by SimCPR Medical of the late payment and SimCPR Medical having given the Consumer an additional term of 14 days to still meet his payment obligations, to pay the statutory interest on the amount due within this 14-day term if he still has not paid, and SimCPR Medical is entitled to charge him with the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of amounts due up to € 2,500, 10% of the subsequent € 2,500 and 5% of the following € 5,000, with a minimum of € 40. SimCPR Medical may deviate from aforementioned amounts and percentages to the benefit of Consumer.
9.4 If Business Customer fails to pay an invoice within the payment term stated or if the amounts due could not be collected from Business Customer through automatic debt collection, this Business Customer is in default without any notice of default being required. In that case, SimCPR Medical is entitled to suspend the Service.
9.5 Business Customer is, upon failing to pay in time, required to pay, in addition to the amount due and the interest due in respect thereof, full compensation of the extrajudicial and judicial collection costs, including costs for lawyers, bailiffs and debt collection agencies. In this case, SimCPR Medical is in particular entitled to charge administration costs of € 50.
9.6 The claim for payment is immediately due in case Customer is declared bankrupt, asks for suspension of payment, the assets of Customer have been seized, Customer is deceased, is in the process of being wound up or is being dissolved.
ARTICLE 10. Complaint procedure
10.1 If Customer has a complaint about a Product and/or about other aspects of the SimCPR Medical Service, he can file a complaint at SimCPR Medical by phone, mail or post. See the contact details below the General Terms & Conditions.
10.2 SimCPR Medical responds to Customer as soon as possible, but in any case within 14 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, SimCPR Medical confirms the complaint within 14 days after receipt of the complaint and gives an indication of the term within which SimCPR Medical expects to give a substantive or final reaction to the complaint of Customer.
10.3 Consumer may also file a complaint via the European Dispute Resolution Platform, which can be contacted via https://webgate.ec.europa.eu/odr/.
ARTICLE 11. Liability
11.1 Before the Customer starts using the Products, Customer is required to read the enclosed instructions carefully. Customer is only entitled to use the Products in accordance with those instructions. SimCPR Medical is not liable for the operation of the Products if they are used in any other way.
11.2 SimCPR Medical is responsible for the delivery of a proper Product, but has no influence on the manner in which the Customer or any third party uses the Product and can therefore not be held liable for the manner in which Customer uses the Product.
11.3 The remainder of the Article only applies to Business Customers.
11.4 SimCPR Medical’s total liability to Business Customer on account of attributable failures in the execution of the Agreement is limited to compensation of an amount not exceeding the price paid by Business Customer for that Agreement (including VAT), with a maximum of € 500 (including VAT).
11.5 SimCPR Medical’s liability to Business Customer for indirect damages, including in any case, but explicitly not limited to, consequential damage, loss of profit, lost savings, loss of information and damages resulting from business interruption, is hereby excluded.
11.6 Apart from the cases as referred to in the previous two paragraphs of this Article, SimCPR Medical bears no liability whatsoever to Business Customer for compensation, regardless of the ground on which an action regarding compensation of damages would be based. Any limitation or exclusion of the liability included in the Agreement or the General Terms & Conditions does not apply if and to the extent that those damages are the result of intent or gross negligence on the part of SimCPR Medical or in case of damages resulting from death or physical injury.
11.7 SimCPR Medical’s liability to Business Customer on account of attributable failures in the execution of an Agreement only arises if Business Customer immediately and appropriately notifies SimCPR Medical of this default in writing, proposing therein a reasonable term for correction of the default, and SimCPR Medical still fails to meet the aforesaid obligations after this term. This notice of default must contain the fullest description of the default, to enable SimCPR Medical to respond adequately.
11.8 It is a precondition for the existence of any right to compensation that Business Customer shall notify SimCPR Medical in writing as soon as possible, and at the latest within 30 days, after the existence occurs.
11.9 In case of force majeure, SimCPR Medical shall not be obliged to pay compensation for any damages caused to Business Customer. Force majeure is, in any case, understood as breakdowns or failures of the internet, the telecommunication infrastructure, power failures, national disturbances, mobilisation, war, obstructions in transport, strikes, exclusion, disruptions to business, delivery shortages, fire, floods, import and export impediments.
ARTICLE 12. Retention of title
12.1 As long as Customer has not fully paid the full amount agreed, all goods delivered remain the property of SimCPR Medical.
12.2 In case of bankruptcy, (temporary) suspension of payment, seizure or placement under guardianship, SimCPR Medical can immediately claim the Products for which the title has not yet been transferred.
ARTICLE 13. Personal data
ARTICLE 14. Duration and cancellation of Service
14.1 The Agreement with respect to the Service is entered into for a period of one year. The Agreement may be cancelled in writing or per mail one month before expiry of the Agreement. If Business Customer has not cancelled the Agreement, it shall be tacitly extended for one year. The Agreement with Consumer shall also be tacitly extended.
However, Consumer has the opportunity to cancel the Agreement on a monthly basis.
14.2 After cancellation, termination or dissolution for whatever reason, SimCPR Medical is entitled to immediately delete all data stored by him for the benefit of Customer after the date on which the Agreement expires. In that case, SimCPR Medical is not obliged to provide Customer with a copy of that data.
14.3 The Agreement automatically expires if a party is declared bankrupt, asks for suspension of payment, the assets of party have been seized, party is deceased, is in the process of being wound up or is being dissolved.
ARTICLE 15. Amendment of the Agreement
15.1 SimCPR Medical has the right to amend or supplement the General Terms & Conditions. SimCPR Medical shall notify Customer of such amendments to and supplements of the General Terms & Conditions at least 30 days before they enter into force.
15.2 If Customer does not wish to accept an amendment or supplement of the General Terms & Conditions, Customer may file a notice of objection within 14 days after notification, after which SimCPR Medical shall reconsider such amendment or supplement. If SimCPR Medical decides to retain the amendment or change, Customer may cancel the Agreement in writing no later than the date on which the amended or supplemented General Terms & Conditions enter into force.
15.3 Amendments to the General Terms & Conditions based on laws and regulations and
amendments of minor importance may be implemented at any time and do not require to be announced in advanced. The Customer shall not be entitled to cancel the Agreement based on such amendments.
ARTICLE 16. Final provisions
16.1 Dutch law is applicable to the Agreement. This choice of law is without prejudice to the protection of Customer by virtue of the mandatory law of his place of residence.
16.2 Unless otherwise provided by the mandatory rules of law, all disputes possibly resulting from the Agreement shall be put before the competent Dutch court of law in the district where SimCPR Medical has its registered seat.
16.3 If any provision of these General Terms & Conditions should appear invalid, this will not affect the validity of the entire General Terms & Conditions. In that case, parties shall
establish (a) new provision(s) by way of replacement, which will approximate the intent of the original provision(s) as much as legally possible.
16.4 “In writing” in these General Terms & Conditions shall be understood as communication via email and fax, provided that the identity of the sender and the integrity of the email are duly established.
Should you have any questions, complaints or comments after reading these General Terms & Conditions, please feel free to contact us in writing or by mail.
SimCPR Medical B.V.
1e Energieweg 13
9301 LK Roden
Phone: 0031 50 211 24 14
Email: [email protected]
Number Chamber of Commerce: 77714865
VAT number: NL8611.05.552B01