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Conditions of Use Conditions of Use

Introduction

  • The customer acknowledges that Health Capital Europe has the titulary rights of the information provided and of the Industrial Property Rights and Copyrights relating to brands in Health Capital Europe.
  • The customer agrees:
    • To use the received information (confidential) for personal matters only.
    • Not to distribute or reproduce, completely or partially, in any way, the beforementioned information.

Accepting the terms and conditions

  • The customer accepts irrevocably the general terms and conditions applied on sales and deliveries, and also our particular conditions, even if these conditions are contrary to general terms for customers.
  • General terms and conditions are not binding to Health Capital Europe, unless Health Capital Europe has deliberately accepted them in writing. In every buying and selling between Health Capital Europe and the customer, without showing a disagreement in general terms and conditions or particular terms or other terms established by the customer, does not imply the conformity of Health Capital Europe with them.
  • It is assumed that any person who acts on behalf of the customer, either if it is a manager, a collaborator… is his/her representative and has power enough to act as that and binding his/her.
  • Health Capital Europe middlemen, agents or technicians are not authorized to carry out binding acts, unless tenders are confirmed in writing by Health Capital Europe. Health Capital Europe has the right to cancel orders without its confirmation.

Price

  • Tenders and price lists have just indicative; Health Capital Europe can modify them without prior notification. Orders will be accepted with knowledge of the possibility of price variation.
  • Price does not include shipment expenses, taxes (as VAT) and other taxes. Customer will pay for these expenses and taxes.
  • However all beforementioned, in the invoice from Health Capital Europe it will be taken into account the tariffs binding in the moment of supplying with independence of the previous indicated price.

Delivery of products

  • Provided terms for the delivery of merchandise are merely informative and are not binding to Health Capital Europe.
  • Unless deliberated agreement in writing with Health Capital Europe, customer will not have the right to ask for the cancellation of an order or any other compensation (including charges for shipment) in case that there is a delay in the shipment of the product for reasons beyond Health Capital Europe control.
  • Even if an order is delivered partially by Health Capital Europe, customer has to pay for all delivered products.
  • Orders are shipped immediately so customer should receive them in their domicile for up to 48 hours.
  • Shipments abroad of Spain are not done directly. Customers living abroad of Spain can obtain further information in info@healthcapital.nl
  • Once the order is shipped, customer receives an e-mail with a tracking number in order that he/she can identify the status of the order in the carrier web site.
  • For devolutions (see Section 7). For further information, send an e-mail to info@healthcapital.nl

Risk transfer

  • In the moment that merchandise is sent to customer, risks from losing and damaging are transferred to customer.

Merchandise reception

  • In the moment of reception of the merchandise it is an obligation to indicate any incidence related to the status of the merchandise, of the packaging or to the number of pieces in the same delivery note of the carrier that the customer has to sign.
  • It is also totally necessary to communicate by fax or e-mail to Health Capital Europe customer attention department the mentioned incidence in a maximum term of 24 hours from the merchandise reception.

Claims

  • From the reception of the product on, customer has 5 days to notify Health Capital Europe any claim relating to the supplied product. After that term, products are considered satisfying and accepted by the customer being impossible to claim. Claims should be sent preferably by e-mail to Health Capital Europe. And there should appear:
    • The number of buying invoice,
    • Customer number,
    • Reference number and serial number of the product,
    • Number of units of the demanded devolution,
    • A description of the motives of the claim.
      After receiving all this information, Health Capital Europe has the right to authorise or not to authorise the devolution depending on the status of the products and its warranties
  • Health Capital Europe will accept the devolution of a product only if:
    • The customer returns the product in the same status as when it was delivered in the same original packaging.
    • In the shipment label appears the number of devolution, provided in advance by Health Capital information department.
    • Once the number of devolution is received, product is sent between the three following working days. Every number of devolution has a maximum period for reception of 10 days, after that the number will be cancelled.
  • Once a product is received, it is checked and if it does not fulfil the requirements for devolution, it will be sent back to the customer, at customer’s own expense.
  • After acceptance of the product, customer will have a period of 10 days to send to Heath Capital Europe, by e-mail, any claim concerning to invoices. In any case a claim might justify a delay or avoidance of the payment of the product’s price.

Warranty

  • For its condition of middleman, the warranty that covers the product delivered to customer is limited to that extended by the manufacturer. Health Capital Europe will only intervene to process the simple change, only if the warranty of the manufacturer considers this measure.
  • Health Capital Europe is not obliged to compensate the user or third parties for the consequences of the use of the product, even if there are direct or indirect damages, accidents suffered by people, damages to goods unconnected with the product, loose of the benefits or reduction in incomes, damages surged from the deterioration.
  • Charges from back shipment of defecty products during the warranty term are to be paid by customer, as the warranty of the manufacturer does not cover charges of shipment.
  • Every time that a customer sells products acquired from Health Capital Europe to a consumer, customer has to make sure that consumer receives adequate and enough information about the suitability of the product for its common use and for the goal the consumer looks for after the acquisition of the product. Customer will not remove or replace the label of the products. Customer will avoid manifesting about the product’s characteristics on behalf of Health Capital or the manufacturer. In its quality of seller to consumers, customer is the only responsible in front of them for the conformity of the products of the buying and selling to the consumer (“conformity” according to the EU Directive 1999/44/CE and local legislation). Customer will avoid manifestating the suitability or aptitude of the product without prior authorisation from the manufacturer. Customer will compensate Health Capital Europe and manufacturer for any loss, damage or cost originated from an act or omission of the customer which constitutes a not-fulfilment of the obligations according to the applicable laws.

Penal clause

  • If customer proves the existence of not-fulfilment or defecty fulfilment of the Contract binding to Health Capital Europe, it is deliberately agreed that Health Capital Europe responsibility is limited to the devolution of the paid sum by the customer (and derived interests, if any) and to the acceptance of the devolution of the product for the not-fulfilment act, proceeding directly to the cancellation selling contract.

Payment conditions

  • Invoices expedited by Health Capital Europe of the supplied products will be delivered with the merchandise.
  • Invoices are to be paid by credit card at the end of the order or by cash, net and without discount. In case they are financed to longer terms, they will be subject to the recharges published in our Catalogue of products and services.
  • Sums delivered in advance will be considered as given on account for the order. This payment will not be considered as a deposit in any case; therefore the renounce by customer to the sums given in advance does not free him/her from the obligations from this contract.
  • The lack of payment of the total or part of the invoice, at its maturity, will suppose the application of a recharge of the 3% of the unpaid amount. This recharge will be applied so that Health Capital Europe does not need to claim previously to customer. In any case, the amount due to interests for delay will automatically be produced the day after the agreed payment day. The applicable interest rate will be that applied by the European Central Bank, its most recent main operation of refinancing increased in 7 percentual points, being this clause an impediment for the demand of the debt.
  • In case of resolution and/or disclaimer of contract because of the customer, he/she will have to compensate Health Capital Europe for the damages provoked. The compensation will be fixed in a minimum of a 30% of the total amount of the sale, without prejudice from claiming a higher compensation if damages suffered is higher than the mentioned 30%.
  • The term established for the payment will automatically mature for those products already supplied and Health Capital Europe will not be obliged to deliver products pending to be delivered, if one of this circumstances occur:
    • The demand of the customer to defer the payment.
    • If it is discovered that customer is insolvent.
    • If there exists any other due invoice unpaid by customer.
      If there occurs any of this circumstances, Health Capital Europe will be able to demand immediately the payment of the debt and to solve opened operations, with the simple notification to the customer, in writing, without having the customer any right to compensation.

Domine reservation

  • While the customer has not paid totally the price and all amounts unpaid as a consequence of a sale, the product will be considered property of Health Capital Europe, with all inherent rights. The customer will be considered the depositary of the products and will have to store them separately, identifying them clearly.
  • If any term expires and customer has not done the payment, Health Capital Europe can opt to demand the payment of all terms without the obligation to return any amount given on account, which will turn into Health Capital Europe benefit, in concept of compensation for breach of contract, without any damage on the compensation for damage suffered by Health Capital Europe, that could be demanded.
  • Customer, apart from the special affectation to the fulfilment of his/her obligations, established on the products that are sold, will pay for them with all his/her goods.

Products exports

  • Customer conveys to respect legal dispositions of export control binding in the United States of America, in the European Union and its member states.
  • In order to export a product out of the European Union, customer has to obtain a previous written authorization from the manufacturer. In case of breach of this measure, customer will compensate Health Capital Europe for all damages, costs and expenses occurred.

Applicable law and competent jurisdiction

  • The applicable law to these general terms and conditions to selling, as for any controversy relating to this contract is the Dutch law.

 

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