Terms and conditions
Article 1. Applicability
1.1 These Terms and Conditions apply to the complete range of products and services on all websites of Microbiome, being http://www.microbiome.eu, http://www.thuistestenbv.nl, http://www.mbdiagnostics.nl and http://www.legionellatesten.nl, and to all agreements entered with Microbiome.1.2 Additional Terms and Conditions applicable to certain services and / or products apply only if they are expressly agreed.
1.3 Terms and Conditions may only be varied if agreed in writing. In this case, the remaining provisions of the General Conditions are valid.
1.4 Any general conditions of the customer shall not apply unless expressly agreed in writing by microbiome.eu.
1.5 The term "customer" refers to any visitor of the website and any natural or legal person who has entered or will enter into contracts / purchase of any kind with microbiome.eu.
1.6 By using the website and / or placing an order with microbiome.eu, the customer accepts the General Conditions.
1.7 Microbiome.eu can ask third parties to enable and/or implement an agreement with the customer.
Article 2. Offers & Agreements
2.1 Offers or quotations will be regarded as an invitation to customers to make a purchase. Microbiome.eu is in no way bound, unless in writing and clearly defined. If the customer wants to use an offer, this will only lead to an agreement when the other provisions of Article 2 are met.
2.2 Offers are valid while supplies last.
2.3 An specific offer for 1 customer is valid for a period of three (3) weeks, unless a different period is stated in the tender.
2.4 A purchase of the customer as specified in Article 2.1 is deemed to have been made in one of the following conditions: - the customer specified exactly what product and / or service he wants to receive - the customer has the data entered on the appropriate input screen of the web site and the completed order form is sent electronically to microbiome.eu and microbiome.eu received the order.
2.5 A contract is binding when a confirmation is sent by email to the email address specified by the customer. This Agreement may be revoked by microbiome.eu if the customer fails to apply to the General Conditions or has not met the General Conditions in the past. In that case microbiome.eu will notify this to the customer within ten days after receiving the order.
2.6 The customer and microbiome.eu expressly agree that use of electronic communication constitute that a valid contract is established, once the conditions in Article 2.4 and 2.5 are met. In particular, the lack of an ordinary signature does not affect the binding of the offer and the acceptance thereof. The electronic files of microbiome.eu apply, as far as the law allows, as a presumption of evidence.
2.7 If the customer wishes to prematurely terminate the agreement, then the expenses already incurred for transportation of the ordered product will be paid by the customer at all times. After 7 days the customer will pay 10% of the aggregate principal amount (including VAT, plus shipping) for administration. The customer receives an invoice that must be paid within 14 days.
2.8 The customer has the right to cancel the order after a delivery time longer than 20 business days. This cancellation is without charge.
Article 3. Prices
3.1 All prices are in euros, in line with the legal regulations hereby, and are including VAT. For shipment to countries outside the Netherlands, there is a surcharge on the transportation cost.
3.2 Special offers are only valid while supplies last.
3.3 The customer is obliged to pay the price after its own confirmation and in accordance with microbiome.eu Article 2.5 of the General Conditions.
3.4 When the prices of the products and services increase in the period between the order and its execution, then the customer can cancel the order or terminate the agreement within the coming ten days after notification of the price increase by microbiome.eu.
Article 4. Payment
4.1 Orders via our website can be paid in the following ways: - in advance - Ideal - Paypal
4.2 All (outdoor) court costs of any nature whatsoever which microbiome.eu had to make due to the failure of the customer to fulfil its (payment) obligations, are borne by the customer.
4.3 In case of late payment microbiome.eu is authorized to cancel the agreement with immediate effect or not to (further) supply until the customer has fulfilled its (financial) commitments.
Article 5. Delivery and delivery time
5.1 The order will be confirmed to the customer via an e-mail within 24 hours with a notification of price and order number.
5.2 Orders are delivered as quickly as possible. Orders for 16.00 pm on a business day are to be delivered within five (5) business days after receipt of the payment. The delivery deadline is 20 business days after receiving the order. Except for payments in advance – delivery deadline is 20 business days after receiving the payment.
5.3 The customer has the right to cancel an order after a delivery time longer than 20 business days. After 20 business days microbiome.eu will contact the customer. Microbiome.eu can give further information on delivery times on the web site or otherwise. Such information is only indicative.
5.4 If a product ordered by the customer is temporarily out of stock, Microbiome will give the customer an indication when the product is available again. Microbiome.eu aims to notify the customer about delays within three business days by phone or email.
5.5 Delivery will be at the address of the customer.
5.6 Once the orders are delivered at the specified delivery address, the risk of the products is passed to the customer.
5.7 From the moment the order has been delivered to TNT post, microbiome.eu is not responsible for damage or loss of orders during the shipping process.
Article 6. Right of retention
6.1 Microbiome has against any person, who desires handling of that, a right of retention on goods and documents that he or she has in connection with an agreement between Microbiome and against any person in their possession.
6.2 Against the sender/commissioning company or the receiver/addressee, Microbiome can place a right of retention on goods, monies and documents for that which is owed or will be owed, due to the sales of goods and services.
6.3 Microbiome can also exercise this right on that which will press on the goods by means of reimbursement.
6.4 Microbiome can also exercise the right of retention stated in paragraphs 6.2 and 6.3 for that which the distributor/dealer/sender/commissioning company still owes according to previous agreements.
6.5 As long as the goods have not arrived at their destination, Microbiome has the right to require from the sender/commissioning company, that security is provided for the freight and all claims Microbiome has and will have against the sender/commissioning company and has the right to delay the transport as long as the request for the provision of security is not met.
6.6 Microbiome is never liable for any damage resulting from a delay referred to in paragraph 6.5.
Article 7. Cancellations, Returns and Exchanges
7.1 If the customer wishes to prematurely terminate the agreement, then the expenses already incurred for transportation of the ordered product will be paid by the customer. After 7 days the customer will pay 10% of the aggregate principal amount (including VAT, plus shipping) for administration. The customer receives an invoice that must be paid within 14 days.
7.2 The customer has the right to cancel an order after a delivery time longer than 20 business days.
7.3 Repayment in case of return, both the purchase amount as the cost of the return, takes place within ten business days after receipt of the returned product.
7.4 A customer can only return a product with an original invoice.
Article 8. Warranty and Liability
8.1 Microbiome’s guarantee concerning the reliability and the quality of the products supplied by Microbiome.eu is the same as (but no more than) the guarantee of the manufacturer of the product. Microbiome.eu has during the guarantee period only a window function. When defects are the case microbiome.eu will pay for the shipping cost. The shipping to the customer of the repaired or, if applicable, new product shall be also borne by microbiome.eu.
8.2 Microbiome.eu is never obliged to pay damages, in whatever form, to the customer or others unless there is intent or gross negligence on the part of microbiome.eu. Microbiome.eu is never liable for consequential or business loss, indirect damage and loss of profits or turnover.
8.3 If Microbiome.eu, for whatever reason, is bound to compensate any damage or damages, the amount will not exceed an amount equal to the invoice value of the product or service on which the damage is caused.
8.4 There can be no guarantee as to the normal wear and/or in the following cases: - when changes are made to the product, including repairs not authorized by the manufacturer provided - when the original invoice can not be produced, is changed or made illegible - if caused by improper use - if damage is caused by intent, gross negligence or negligent maintenance.
8.5 The customer is obliged to indemnify Microbiome.eu of any third-party claims against microbiome.eu in connection with the implementation of the agreement, if the law does not preclude the relevant damages and costs need to be paid by the customer.
8.6 Microbiome.eu can put links to other websites on its website which may be interesting or informative for the visitor. Such links are purely informative. Microbiome.eu is not responsible for the content of the website referred to or the use that can be made.
Article 9. Force majeure
9.1 In case of force majeure, microbiome.eu is not required to fulfil its obligations towards the customer. The obligation is suspended for the duration of the circumstances.
9.2 Force majeure shall mean any circumstance independent of its will, thus fulfilling its obligations to the customer wholly or partially prevented. Those circumstances include strikes, fires, business disturbances, power failures, non or late delivery by suppliers or other third parties and the absence of any means to obtain government authorization. Also, the term force majeure means failures in (telecommunications) networks or connections or communications systems used and / or at any time not available from the website.
Article 10. Intellectual Property
10.1 The customer acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and / or on the website belongs to microbiome.eu, its suppliers or other claimants.
10.2 Intellectual Property Rights means patent, copyright, trademark, designs and design rights and / or other (intellectual property) rights, including whether or not patentable technical and / or commercial know-how, methods and concepts.
10.3 The customer is specifically not prohibited to use, including making changes, the intellectual property rights as described in this article, any reproduction, without the express prior written consent of microbiome.eu, its suppliers or other claimants.
Article 110. Personal
11.2 The customer can retrieve the data at any time, modify and / or view it.
Article 12. Applicable law and jurisdiction
12.1 On all legal relationships between customer and Microbiome Dutch law is applied.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 All disputes related to or arising out of microbiome.eu offers or agreements with microbiome.eu will be submitted to the competent court in Amsterdam, unless the law explicitly stipulates a different competent Court.
Article 13. Miscellaneous
13.1 Please send all correspondence regarding these Conditions or any agreement to microbiome.eu, or to the email address as indicated on the website (through contact).
13.2 Microbiome.eu strives to answer to its received e-mails within one business day.
13.3 The Microbiome.eu site is not responsible in the broadest sense of the word. All prices are VAT included and subject to price changes. KvK 30208280 Microbiome.eu in Houten. Microbiome reserves the right to the Terms from time to time to modify or supplement. Use of this site means you accept our Terms and Conditions.
13.4 We ask you during the ordering process to check the address properly, you also have to give an extra confirmation. If your address is not correct (please contact us) and thus your order is not received, we are not liable.
Article 14. Copyrights
14.1 The content and images of the http://www.microbiome.eu is wholly owned by http://www.microbiome.eu under Dutch law. Copying, reproduction or publication of a section of the website is not prohibited unless written permission has been granted.
14.2 Material on the site is wholly owned by http://www.microbiome.eu. The downloaded material cannot be used for commercial purposes. It is not permitted to download material from the website and then to claim copyright of the material.
14.3 http://www.microbiome.eu accepts no liability for any damage that may result from any use of the information on this website. Any use you, therefore make the information on this website is entirely at your own risk.
14.4 The website contains information but is in no way a medical advice or instruction that allow for a diagnosis or medical treatment. If you have questions about a particular diagnosis or treatment, you should consult a doctor or other qualified professionals.