GENERAL TERMS AND CONDITIONS MODPPE.COM
These are MODPPE.COM.’s general terms and conditions (T&C). In these T&C, “we” and “us” means Medical on Demand B.V.’s personal protection equipment, (“MODPPE.COM”) and “you” means the user or customer. “Both of us” or “either of us” means both or either of you or MODPPE.COM. These T&C discuss important limitations about the way you may use and rely upon materials you find on the website www.MODPPE.com. By using the website, you will be deemed to have accepted the contents of this T&C. If you do not accept the contents of this T&C or if your right to use the website has been terminated, you may not use the website.
Furthermore these T&C apply to all offers and quotations by MODPPE.COM and all agreements entered into between you and MODPPE.COM.
- Offer and Acceptance
The order made with MODPPE.COM should be considered an offer. This offer may be considered accepted by us as soon as it has been confirmed in writing by us or when we have initiated the execution of the offer, recognizable for you.
A contract is concluded as soon as we accept the offer, the acceptance of which binds you. Acceptance may be made explicitly and implicitly. Tacit acceptance is deemed to have occurred if non-acceptance of the order is not communicated in writing by us to you within 5 days after receipt of your order.
- Product descriptions
We have done everything reasonable to describe the products on its website accurately. However, we do not warrant that product descriptions or other content of the website are accurate, complete, reliable, current, or error-free. Unless explicitly stated in the product description we do not guarantee CE-certification of the product.
Unless expressly stated otherwise, prices are in euro currency, excluding VAT, according to the minimum basic volumes of the transport used by MODPPE.COM, excluding costs of packaging and/or loaned packaging. Transport costs are not included, they are carried by you, unless agreed otherwise in the contract..
Unless otherwise provided for in the contract, the prices and delivery conditions which are present in the computer data of MODPPE.COM at the date of delivery to you shall be applicable. For seasonal products, the prices can vary from day to day. Prices and offers of products offered by us on a delivery document are not binding. Where there are differences between the delivery document and the invoice price, the invoice price is binding.
We request payment via our website www.modppe.com. Upon receipt of the full payment, we will send you the ordered products.
- Delivery Terms
Unless otherwise agreed, freight terms are Incoterm “Ex Works”. Title passes at the time the shipment is loaded at the shipper's dock. You are responsible for compliance with any applicable import requirements.
Shipping of products is for your own responsibility and account. We may enter with you in a separate agreement to arrange shipping the ordered products to your location, but we cannot be held responsible for the shipping company not delivering your ordered products. You are responsible for the relevant customs declaration forms.
- Return policy
For worldwide customers and wholesalers:
Unfortunately, we cannot accept refunds or returns due to hygiene reasons. If your product has arrived defective or damaged you may contact us at our customer service: here within 14 days after arrival of the product.
- Intellectual Property Rights
MODPPE.COM (or the third parties providing materials through the website) retains all intellectual property rights in this website and the products available through the website. You may not modify the materials in the website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials on the website are trademarked and copyrighted and any unauthorized use of any materials at the website may violate copyright, trademark, and other laws.
- No Assignment
We reserve the right to refuse orders/deliveries without giving reasons. Any such refusal shall never give any right to compensation. Without our express written consent you are forbidden to transfer rights or obligations under agreements concluded with us to third parties.
- Disclaimers and limitation of liability
The website and the shown products are provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
We will provide you with the specific product certifications before the order confirmation. It is your responsibility to make sure that the products meet your expectations and we cannot be held liable for the products not fulfilling your expectations.
We only accept the legal obligation to pay damages if and insofar you prove that the damage was caused by gross or serious negligence by MODPPE.COM. The resulting liability for damages is expressly limited to the amount of the order which has resulted in damages. Any further liability of MODPPE.COM for damages, including but not limited to liability for employees and agents, shall be excluded, for whatever reason it arises, including all direct and indirect damage, such as consequential damage or trading loss. We accept no liability for the possible consequences of not having products in stock.
- Force Majeure
Force majeure is understood to mean any circumstance beyond the control of MODPPE.COM which is of such a nature that our compliance with the agreement cannot reasonably be expected (so-called non-attributable failure to perform). Should we, due to force majeure not be able to fulfil the agreement in a timely manner, we have the right to contract to perform at a later date, or dissolve the agreement, at our own discretion. We are allowed to terminate the contract after a reasonable period, without any compensation obligation, or to demand that the contract be adapted to the circumstances.
- Conversion provision
If any provision of these terms in whole or in part is qualified as unreasonably onerous by the court, it shall be deemed to be converted into a provision which, as far as possible while maintaining content and purport, is not considered unreasonably onerous.
We have the right to immediately terminate the agreement with you and your use of the website if we determine in our sole discretion that you have breached any of these T&C or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.
- Choice of law and disputes
These T&C, any offer and acceptance and any agreement concluded between you and us are governed by Dutch law. In case of a dispute the courts of Amsterdam shall have exclusive jurisdiction.
You indemnify us against all claims by third parties from all liabilities, claims, damages and expenses (including reasonable legal fees and costs) in respect of these parties’ suffering or injury. Furthermore you indemnify us for any damage that may arise from your use, misuse of this site or use of any software application associated with the use of this website.
For European customers:
- We comply with the European laws on consumer protection, so if the European laws deviate from these terms & conditions, the European laws precede.
Last updated: 1 August 2020