Terms and Conditions
a. The products that CURE presents on its website and offers them through its webshop are intended for the business market and for wholesalers. Private persons cannot order the products. The buyer must be in possession of a valid VAT number.
b. Our sales, delivery and payment conditions apply to all agreements and offers; these are accepted by granting, by concluding the agreement or by accepting the delivery.
Deviating terms and conditions, both from the buyer and the supplier that we do not explicitly accept, are invalid.
c. Our terms and conditions also apply to all subsequent transactions, an express agreement is not required here
2) Offers and the conclusion of a contract
a. The offers of this internet shop apply to institutions, agencies, organizations and companies that use the products professionally.
b. Our offers are without obligation. The seller is at all times entitled to change and / or adjust the offer.
c. Images with products are a true representation of the products offered.
However, we cannot guarantee that the displayed colors exactly match the real colors of the products.
d. Our webshop is not a legally binding offer. The contract is only concluded when the customer places an order and the goods have been delivered by CURE.
e. Our copyright applies to all offers and cost estimates and may not be made accessible to third parties without permission. In case of breach of this obligation, we reserve the right to assert claims for damages and negligence.
f. As a seller, we are entitled – within legal frameworks – to be informed of the fact whether the buyer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible contract.
of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
g. You can consult and download our general terms and conditions on our website at any time. You can view your previous orders via your account.
h. The purchase contract is drawn up in Dutch.
i. CURE may engage affiliated companies as agents for the fulfillment of its contractual obligations.
a. The stated prices are net in euros (€) and exclusive of the VAT applicable at the time of delivery. The VAT is stated separately on the invoice.
b. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
4) Delivery & Delivery costs
a. All delivery times are indicative. The buyer cannot derive any rights from any stated terms. Exceeding a term does not entitle the buyer to compensation.
b. You can find our current applicable shipping costs on our website. All shipping costs are inclusive of applicable VAT.
c. When splitting up orders placed centrally to different delivery addresses, shipping costs will be charged separately for each shipping address.
d. We are entitled to make partial deliveries without increasing the shipping costs for the customer. The customer will be notified in advance about partial deliveries.
5) Transfer of Ownership
a. The risk of loss or damage to the products passes to the buyer at the time of delivery to the carrier, at the latest in any case at the time of the goods leaving our storage.
b. As soon as the products are ready to be shipped and the shipment is delayed due to unforeseen circumstances that cannot be attributed to us as a supplier, the risk is transferred to the buyer upon receipt of the announcement that the shipment is ready for release.
6) Payment terms
a. Our invoices must be paid within 7 working days after receipt of the goods without any set-off or deduction of discounts.
b. The time when the money is in our bank account or the time of proof with the date of transfer to our bank account is decisive for the timeliness of a payment.
c. Each partial delivery counts as an independent value; payment for a partial delivery may not be refused because of the missing deliveries.
d. If the customer fails to pay, we are entitled to a penalty interest of 8% above the statutory base rate from 15 working days after delivery. The interest that is payable due to late payment is immediately due and payable.
We reserve the right to claim any further damage caused by default.
7) Retention of title
a. The delivered products remain the property of CURE until full payment by the buyer.
b. If third parties seize goods that have not yet been (fully) paid for – even after mixing or processing – as well as any reduction of our rights to the reserved goods assumed by third parties, the customer must immediately inform us in writing and inform the relevant third parties immediately of our retention of title. point.
c. The customer is revocably entitled to resell the reserved goods within the framework of normal business operations. Any other decision, in particular a pledge, transfer of the collateral or relinquishment by exchange is not permitted.
The right of transfer also lapses without express revocation if the customer defaults on his payment obligations towards us or stops payments or violates other obligations towards us.
d. The receivables from the resale of the retained goods are assigned to us in advance and automatically by the customer, including all ancillary rights to the amount of the receivables due to us, as collateral. In this assignment, the customer is obliged to disclose the name of the third party debtor upon our request.
e. The buyer is revocably entitled to recover the claims from the resale of the delivery. The direct debit also expires without explicit revocation if the buyer stops his payments or as soon as he fails to fulfill his obligations towards us. At our request, the buyer must immediately notify the third debtor in writing of the assigned claims and notify the third debtor of the transfer.
f. The collateral accruing to us in accordance with the foregoing provisions can be released at the request of the buyer insofar as the realizable value exceeds our total claim to be secured by more than 20%.
8) Complaints & Guarantees
a. We have a complaints procedure published on our website and handle complaints in accordance with this complaints procedure.
b. All images, descriptions, specifications and data in the offer are indications and cannot give rise to compensation or termination of the agreement.
c. If the agreement is a business transaction for both parties, visible defects can be claimed and proven immediately, but no later than 2 working days after receipt of the goods.
d. Packaging must be checked immediately after delivery of the goods and the defects found herewith must be complained and proven to us within 2 working days. The determined damage to the packaging must be confirmed by the customer in writing by the carrier upon delivery.
e. The claimed goods must remain available for inspection and must be stored and handled in an orderly manner.
f. We will repair the defects in the case of valid goods that have been claimed within the set term.
To withdraw from the agreement, insofar as a withdrawal is not legally excluded or to proceed to a reduction of the purchase price, the buyer is only entitled after a reasonable period set by him to repair the defects unless the period has been determined in accordance with legal provisions are superfluous.
g. Samples and models as well as data from our internet shop only show the average condition and quality of the goods. The customary or reasonable deviations from the delivered goods are not defects and cannot be complained about, unless otherwise agreed.
h. the contact address of our location as a supplier where the buyer can go with complaints can be found on our website;
i. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period.
However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
j. The warranty does not apply if:
i. The buyer has repaired and / or processed the delivered products himself or had them repaired and / or processed by third parties;
ii. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the seller, in the enclosed manual and / or on the packaging;
iii. The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.
9) Force Majeure
a. When, in the event of force majeure or other unforeseen, extraordinary circumstances beyond our fault or culpability – such as, for example, business disruptions, strikes, lockouts, official measures, pandemic, delay in the delivery of important raw materials and materials, etc. – even if these occur at our supplier – not being able to fulfill our obligations on time, the normal delivery time will be extended in accordance with the delay.
b. If delivery is impossible under the aforementioned circumstances, we are released from the delivery obligation. The same applies to unacceptability. If the aforementioned circumstances last longer than 3 months, we and the customer are entitled to unilaterally withdraw from the agreement. A partial delivery that has already taken place counts as an independent value and must be paid.
c. In the event of the aforementioned circumstances, the customer will not receive any pre-emptive rights against us as a supplier and there is no claim whatsoever to compensation. This limitation of liability does not apply insofar as our intent, gross negligence or gross breach of contractual duty can be blamed.
10) Protection of personal data
a. We store the customer’s order data and use it to process deliveries. The data is stored in accordance with the General Data Protection Regulation (GDPR). The following information must be provided by the buyers for an order:
• Name of entrepreneur
• Statutory name and trade name
• Business address
• Visiting address
• Telephone number + Fax number
• E-mail address
• Chamber of Commerce number:
• VAT identification number
• Any Marketing Authorization
11) Governing Law
a. For all orders, deliveries and disputes via our web shop, a contractual agreement follows, to which Dutch law is exclusively applicable
b. The court of jurisdiction is located in the district of CURE.
c. The Vienna Sales Convention does not apply.
a. The texts, the design, the logos, the marks, the images, photos, etc. and the arrangement of the images of our website and of the internet shop are protected by copyright. Duplication of this without the required permission by our company is not allowed.
13) Partial nullity
a. If one or more of the above provisions are (become) wholly or partly null and void or invalid, the validity of the other provisions will not be affected by this. The invalid provision (s) must in this case be replaced within 5 working days by valid provisions, which are as close as possible to the economic purpose of these general terms and conditions.
a. We accept liability for the timely and correct performance of the contract upon which the customer can reasonably rely. Liability is limited to damage that is typical and foreseeable for the contract.
b. Liability for indirect and unforeseeable damage, loss of production and use, lost profit, lost savings and financial losses due to third party claims is excluded.
c. Any further liability than mentioned in this contract is excluded – regardless of the legal nature of the submitted claim.
d. Personal liability of our managers, directors, employees, employees, representatives, bodies and agents is excluded.