Article 1 Deﬁnitions
In these conditions the following terms are used in the following meaning below, unless otherwise expressly stated or the context otherwise requires:
a. Ortho Regulation: the user of these terms and conditions: Ortho Regulation established to Bolderweg 39F Almere the Netherlands, registered at the Chamber of Commerce under number 39,090,836, with VAT number NL1288.64.242.B01 and e-mail address email@example.com
b. Customer: the natural person who enters into an agreement with Ortho Regulation;
c. Agreement: the agreement between the customer and Ortho Regulation;
d. Website: Website www.orthoregulation.eu
Article 2 General
2.1 These terms and conditions apply to every offer, tender and agreement between Ortho Regulation and the customer which Ortho Regulation these conditions has stated, if these conditions are not parties expressly and in writing or electronically (by email) deviated.
2.2 These terms and conditions also apply to all agreements with Ortho Regulation, for which third parties should be involved.
2.3 Any exceptions to these general conditions are only valid if expressly agreed in writing or electronically.
2.4 The applicability of any purchase or other conditions of the customer is explicitly rejected.
2.5 If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable. Ortho Regulation and the client will then discuss new provisions to agree to replace the invalid provisions, where and as far as possible the purpose and intent of the original provisions are observed.
Article 3 Offers
3.1 All offers are without obligation, unless a term for acceptance is stated in the offer.
3.2 Images, prices and further information provided by Ortho Regulation are subject to change and not binding Ortho Regulation.
3.3 Ortho Regulation is not bound to its offer if there is pressure, starch or bugs in its catalogs, mailings or on the website.
3.4 The prices for the products offered are in euros including VAT and excluding shipping costs.
Article 4 Images
All images, drawings, data concerning dimensions, colors, etc. of the products listed on the website, in brochures or other publications are only approximate and can not lead to compensation and / or dissolution.
Article 5 Conclusion of the agreement
The agreement between Ortho Regulation and the customer comes about when Ortho Regulation the customer order has been conﬁrmed electronically. This electronic conﬁrmation mentions the product / products the customer ordered.
Article 6 Price Change
6.1 If the prices of the products offered increase in the period between the order and the delivery thereof, the customer is entitled to terminate the agreement within 10 days after notice of the increase by Ortho Regulation, unless stipulated that the episode is longer than three months after the sale will take place. The dissolution should be invoked in written or electronic statement.
6.2 An increase in the price due to an increase in sales tax or other legal measure is not a ground for dissolution.
Article 7 Amendments to the Agreement
7.1 If during the execution of the agreement shows that it is necessary for the proper performance to change the work to be performed or supplement, Ortho Regulation will come into contact with the customer.
7.2 If the parties agree that the Agreement is amended or supplemented, the time of completion of the execution can be affected. Ortho Regulation customer will inform this as soon as possible.
7.3 If the amendment or supplement to the agreement will have ﬁnancial and / or qualitative consequences, Ortho Regulation inform the customer in advance.
Article 8 Guarantee
8.1 Ortho Regulation gives 2-month guarantee on the end product which is made on the basis of the dentist, orthodontist, created print. This warranty is the dentist, orthodontist, to prejudice the rights or claims that the law of the dentist, orthodontist, grants.
8.2 No warranty is given for defects resulting from:
a. Normal wear and tear;
b. improper use;
c. lack of proper maintenance;
d. modiﬁcations or repairs by the customer or by third parties;
e. damage caused by third parties;
f. any government regulation regarding the nature or quality of the materials used.
8.3 If Ortho Regulation unsure about the dentist, orthodontist, created print Ortho Regulation will come into contact with the dentist, orthodontist.
Article 9 Deliveries and delivery
9.1 If Ortho Regulation has received the ﬁnal print in the orthodontic laboratory Ortho Regulation is created and sent within 3 weeks to the address which is given up.
9.2 The delivery times speciﬁed by Ortho Regulation can not be regarded as a deadline.
9.3 The delivery times speciﬁed by Ortho Regulation go in when the commands in the orthodontic laboratory Ortho Regulation is received.
9.4 In the event that any by its conﬁrmed delivery period is exceeded, it can at Ortho Regulation only be blamed to the extent such excess to do it and / or leave is due.
9.5 A contribution to the shipping separately, prior to the time of order, listed on the website.
9.6 If the customer orders multiple products, it may be that it is delivered in more than one delivery.
9.7 The customer is obliged to accept the delivered goods receipt. If the customer defaults thereto, then the resulting costs, external collection parties and interest cost. 9.8 Once the deliverables are delivered to the destination to the customer, the risk where these products are transferred to the customer.
Article 10 Payment
10.1 The customer is offered the following payment options:
– Cash on delivery;
– On account.
10.1 If the customer fails to pay within the payment period, the customer is in default. The customer is then due legal interest. The interest on the amount due will be calculated from the time that the customer is in default until the moment of payment of the full invoice amount. If the customer after notice of default fails to pay the claim, Ortho Regulation can pass on the claim, in which case the customer in addition to the total amount owed and the legal interest is also obliged to pay all judicial and extrajudicial costs.
Article 11 Dissolution Of this Article shall not apply to the ﬁnal product which is delivered to the customer and manufactured according to the customer-made and Ortho Regulation that was sent to print, it is because this ﬁnal product has been established in accordance with customer speciﬁcations.
11.1 Ortho Regulation is entitled to terminate the agreement if the customer does not or not fully comply with the obligations under the agreement.
11.2 In addition, Ortho Regulation entitled to (do) dissolve the agreement if circumstances arise of such a nature that fulﬁllment of the contract impossible or to standards of reasonableness and fairness can no longer be expected or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
Article 12 Complaints and limitation
12.1 The customer is obliged to immediately check the delivered products and report defects within one month. Complaints can be submitted in writing or electronically at:
Ortho Regulation Bolderweg 39F 1332AZ Almere, the Netherlands email: firstname.lastname@example.org
12.2 Complaints are handled by Ortho Regulation within 30 days. If handling of a complaint within the period of 30 days unfortunately is not possible, the customer will be informed of the delay.
12.3 All claims against Ortho Regulation that are not within one year after their creation in writing or electronically ﬁled with Ortho Regulation expire by limitation.
Article 13 Liability
13.1 Ortho Regulation can not be obliged to compensate any damage which is a direct or indirect result of:
. an event, which is in fact beyond its control, and thus do not do it and / or leave can be attributed, among other things as described in Article 14 of these general conditions;
b. any act or omission of the customer.
13.2 Ortho Regulation is not liable for any damage caused by temporary or permanent unavailability of the orders, lack or removal of its website for maintenance or otherwise. 13.3 Ortho Regulation shall not be liable for damages of any kind, because Ortho Regulation is assumed by the client provided false and / or incomplete data.
13.4 Ortho Regulation shall not be liable for any accidents with the product, eg incorrect or improper use.
13.5 Ortho Regulation shall never be liable for consequential damages, including consequential damages, lost proﬁts, lost savings and damage due to business interruption.
13.6 The terms and conditions contained in this limitation of liability does not apply if the damage is due to intent or gross negligence of Ortho Regulation or her subordinates.
Article 14 Force Majeure
14.1 Force majeure on the side of Ortho Regulation include exist if Ortho Regulation prevented from fulﬁlling its obligations under the agreement or the preparation thereof, as a result of war, threat of war, rebellion, revolution, acts of war, ﬁre, water, ﬂood, government measures, import and export restrictions, defective materials, unavailability of materials, strikes, blockades, sit-ins, irreplaceable employees, transport difﬁculties due to weather and trafﬁc jam, everything both in the company of Ortho Regulation and in the third company in the agreement involved.
14.2 To the extent Ortho Regulation at the time the force majeure has partially fulﬁlled its obligations under the agreement or will be able to fulﬁll them and to fulﬁll or to meet part independent value, Ortho Regulation is entitled to the already performed after respectively come part to invoice separately. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 15 Personal
15.1 Personal data of customers are processed. To the extent necessary processing of personal objects clause by Ortho Regulation registered with the Dutch Data Protection Authority.
15.2 Ortho Regulation shall ensure that the collection of personal data complies with the Data Protection Act.
15.3 Regulation Ortho processes personal data (such as name, address, email address and telephone number) for the following purposes:
a. sending the ordered products;
b. managing a client base;
c. sending electronic messages to the customer with information on products of Ortho Regulation.
15.4 Regulation Ortho never provide personal data to third parties, unless the customer has given explicit permission.
15.5 In any electronic commercial message or newsletter which is sent to the customer, the customer is given the opportunity to opt out of such messages and letters.
Article 16 Intellectual Property Rights
16.1 The customer must respect all intellectual property rights attached to the respect fully and unconditionally products supplied by Ortho Regulation.
16.2 Without the prior written or electronic consent of Ortho Regulation, the customer may not have information, text, logos, trademarks, trade names and images that he obtained through the website, copy, transmit, distribute, reproduce or publish.
Article 17 Security and the Internet
Ortho Regulation will take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction or loss of data entered via the website by the customer, but Ortho Regulation can not guarantee the matter.
Article 18 Final Provisions
18.1 Ortho Regulation reserves the right to change the terms and explain the amended terms on the existing agreements. Ortho Regulation will announce the change in time in writing or electronically to the customer and the amendments shall enter into force 30 days after publication.
18.2 If the customer does not accept the change, he may terminate the contract without judicial intervention, subject to any ﬁnancial obligations of the customer.
18.3 The parties will ﬁrst appeal to the courts after they settle the utmost to solve a dispute by mutual agreement.
18.4 Any agreement between Ortho Regulation and the customer is governed by Dutch law.