Article 1 – Definitions
In these terms, the following capitalized terms have the following definition from here on out:
Customer: The person with legal capacity making a purchase on this website.
Somnox B.V.: The limited liability company with registered office at Delft, 2629 JD Molengraaffsingel 12, listed at the Traderegister of the Dutch Chamber of Commerce (KvK) under 67150179.
ProductA product offered on the website by Somnox B.V.
Agreement: The agreement between Customer en Somnox B.V. which is made on the basis of the Product that they purchase from Somnox B.V.
Privacy Statement: The privacy statement of Somnox B.V., as found here.
Website: The website upon which the products of Somnox B.V. are offered.
Article 2 – Applicability
Article 3 – Agreement proposal and creation
- A proposal made on the Website is non-committal and can be immediately revoked by Somnox B.V. after the placement of an order.
- Somnox B.V. is not bound to apparent mistakes or typos in the offers made on the Website.
Article 4 – Use and availability of the Website
- Somnox B.V. does not guarantee that the information on the Website will always be accurate, actual or comprehensive.
Article 5 – Price and payment
- The offered price of the Product is valid when it displayed on the Website.
- VAT may not be included in the offered price. These and any other additional costs, such as delivery and payments costs will be mentioned on the Website before completing a purchase.
- The Website offers various payment methods. The payment deadline is dependent on the chosen payment method, as indicated on the Website. These deadlines are binding.
- If the Customer does not fulfil the payment in time or if Somnox B.V. is unable to collect a given payment through a certain payment method the Customer is considered to have defaulted on the payment, regardless of whether Somnox B.V. sends a reminder.
- If the Customer defaults on their payment, our suppliers may not return an advance on payments made by Somnox B.V. in which case these the Customer must pay for these costs, in accordance to Staffel Buitenrechtelijke Incassokosten (BIK).
Article 6. Delivery
- Any delivery time estimates on the website and/or during the ordering process are indicative and non-binding.
Article 7. Privacy
Article 8 – Return policy and complaints
- Customer has the right, for 30 days after receiving their purchase of the Product, to dissolve this Agreement, for any reason, unless any exceptions in article 6:230p BW are applicable. When applicable, Customer may make use of this right by applying for a dissolution through the supplied forms by Somnox B.V. and returning the product. Somnox B.V. is not responsible for the costs incurred in returning the product.
- In the case of dissolution, the Customer is obligated to return the Product as soon as possible and within 14 days
- In the case of dissolution Somnox B.V. will return the payment made in accordance to the Agreement within 14 days of receiving the declaration of dissolution. Somnox B.V. may be allowed to apply depreciation as a result of Customer use that extends beyond the initial usage of the product.
- Any complaints regarding the Product may be sent to [email protected]. Somnox B.V. will endeavour to respond to said complaint within a reasonable term.
Article 9 – Conformance
- If a Product does not fulfil the Agreement, Somnox B.V. will replace (parts of) or repair the Product within a reasonable term.
- If Somnox B.V. has failed to restore the product within a reasonable term the Customer is entitled to appeal to a third party. Somnox B.V. will, within reason, refund the costs for such a third party.
- An appeal to the agreement regarding the functionality of the Product cannot be made if the Customer was aware or could reasonably be expected to be aware of the deficiency.
Article 10 – Liability
- Somnox B.V. may not be held responsible for any indirect consequences of using the Product such as consequential injury and/or immaterial damage, such as the loss or destruction of data, loss of reputation, loss of profits and earnings whether actual or potential, regardless of the cause and on any basis whatsoever, whether Somnox B.V. has or has not been informed of the possible occurrence or such injuries, damage, destruction or loss.
- In the event of a finding against Somnox, the amount of the penalties ordered against it may not exceed whichever is the greater amount of these two sums: (i) the total amount of the sums paid to Somnox during the last six (6) months, excluding the purchase price for the Product, or (ii) one hundred (100.00) euros.
Article 11 – Miscellaneous
1. Customer may not transfer rights or obligations resulting from this Agreement to a third party.
2. The agreement shall be governed by Dutch law.
Mail: [email protected]
Telephone: +316 82 42 10 37
Address: Molengraaffsingel 12, Delft, 2629JD.