Terms and conditions

General Terms and Conditions

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of Sanodi
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Cooling-off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

Article 9 - Sanodi's Obligations in Case of Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Continuous Performance Contracts: Duration, Termination and Renewal Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Additional or Deviating Provisions

 

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

1.Ancillary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Sanodi or by a third party based on an agreement between that third party and Sanodi;

2.Cooling-off period: the period during which the consumer can exercise his

right of withdrawal;

3.Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

  1. Day: calendar day;

  2. Digital content: data produced and supplied in digital form;

  3. Continuous performance contract: a contract for the regular supply of goods, services and/or digital content over a specified period;

  4. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;

8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

9. Distance contract: a contract concluded between Sanodi and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, solely or partly one or more techniques for distance communication are used;


10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions:

European model withdrawal form:

● Sanodi: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out in these general terms and conditions;

1. Technique for distance communication: a means that can be used for concluding a contract without the consumer and the entrepreneur having to be simultaneously in the same room;


Article 2 – Identity of Sanodi

Chamber of Commerce number: 34186168

VAT identification number; 199503559B01

Company name: Sanodi.nl

Email address:info@sanodi.nl

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Article 3 – Applicability

1.These general terms and conditions apply to every offer from Sanodi and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Sanodi will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at Sanodi and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the consumer's request.

4.In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.


2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If Sanodi uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on Sanodi.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 – The Agreement

1.The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

2. If the consumer has accepted the offer by electronic means, Sanodi will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by Sanodi, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can make use of the right of withdrawal (Article 6).

 

3. If the agreement is concluded electronically, Sanodi will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Sanodi will observe appropriate security measures.

 

4.Sanodi can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Sanodi has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

5. Sanodi will send the following information to the consumer, at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of Sanodi's establishment where the consumer can lodge complaints;

2.the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

3. the information about guarantees and existing after-sales service;

4. the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

6. if the consumer has a right of withdrawal, the model withdrawal form.

7. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without stating reasons. Sanodi may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).

2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:


1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Sanodi may, if it has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.

2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

3. in the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content not supplied on a tangible medium:

1. The consumer can terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for a minimum of 14 days without stating reasons. Sanodi may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).

2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the

agreement.


Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

1. If Sanodi has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

2. If Sanodi has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

1.During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

2. The consumer is only liable for any depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for any depreciation of the product if Sanodi has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1.If the consumer exercises his right of withdrawal, he notifies Sanodi within the reflection period by means of the model withdrawal form or by other unambiguous means.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) Sanodi. This is not necessary if Sanodi has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.

3.The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Sanodi.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If Sanodi has not notified that the consumer must bear these costs or if Sanodi indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.

6.

The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

1. he has not expressly consented to the commencement of performance of the agreement before the end of the reflection period;

2. he has not acknowledged that he loses his right of withdrawal when giving his consent; or

3. Sanodi has failed to confirm this statement from the consumer.

7. If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of Sanodi in case of withdrawal

1.If Sanodi enables the consumer to make a withdrawal notification electronically, it will send an acknowledgment of receipt without delay after receiving this notification.

2.Sanodi shall reimburse all payments made by the consumer, including any delivery costs charged by Sanodi for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Sanodi offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

3. Sanodi uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The repayment is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Sanodi is not obliged to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

Sanodi can exclude the following products and services from the right of withdrawal, but only if Sanodi has clearly stated this in the offer, or at least in good time before the conclusion of the agreement: Products or services whose price is subject to fluctuations in the financial market over which Sanodi has no influence and which may occur within the withdrawal period;

1.Agreements concluded during a public auction. A public auction means a sales method where products, digital content and/or services are offered by Sanodi to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

2 . Service agreements, after full performance of the service, but only if: 1. the performance has begun with the express prior consent of the consumer; and

2. the consumer has declared that he loses his right of withdrawal once Sanodi has fully performed the agreement

3. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;

4. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;

5. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

6. Products that spoil quickly or have a limited shelf life

7. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

8. Products that, after delivery, are irrevocably mixed with other products due to their nature;

9.Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which Sanodi has no influence;

10. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;

11.Newspapers, periodicals or magazines, with the exception of subscriptions thereto;

12.The supply of digital content other than on a tangible medium, but only if:

  1. the performance has begun with the express prior consent of the consumer; and

  2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1.During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, Sanodi may offer products or services whose prices are subject to fluctuations in the financial market and over which Sanodi has no influence, at variable prices. This susceptibility to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.


3. Price increases from 3 months after the conclusion of the agreement are only permitted if Sanodi has stipulated this and:

1. these are the result of legal regulations or provisions; or

2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

4. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Performance of agreement and extra warranty

1.Sanodi guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Sanodi also guarantees that the product is suitable for other than normal use.

2. An additional warranty provided by Sanodi, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Sanodi on the basis of the agreement if Sanodi has failed to fulfill its part of the agreement.

3. Additional warranty means any commitment by Sanodi, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfill its part of the agreement.

Article 13 – Delivery and execution

1.Sanodi will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to Sanodi.

3. With due observance of what is stated in article 4 of these general terms and conditions, Sanodi will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after he has placed the

order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.

agreement free of charge and the right to any compensation.

4.After dissolution in accordance with the previous paragraph, Sanodi will refund the amount paid by the consumer
5. The risk of damage and/or loss of products rests with Sanodi until the moment of delivery to the consumer or a pre-designated representative known to Sanodi, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension
Termination:
1.The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services, at any time against the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.

2. The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;

  • at least in the same way as these agreements were entered into by him;

  • always with the same notice period as Sanodi has stipulated for itself.

    Extension:

    1.An agreement entered into for a fixed period that provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

    2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period may be tacitly extended for a fixed period of a maximum of three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

    3. An agreement entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no

    more than one month.

     

Duration:

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

 

Article 15 – Payment

1.Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the reflection period, or, in the absence of a reflection period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the stipulated prepayment has been made.

3. The consumer has the obligation to immediately report inaccuracies in payment data provided or stated to Sanodi.

4. If the consumer does not meet their payment obligation(s) on time, after having been reminded by Sanodi of the overdue payment and Sanodi having granted the consumer a period of 14 (fourteen) days to still meet their payment obligations, then after non-payment within this 14-day period, the consumer owes the statutory interest on the outstanding amount and Sanodi is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. Sanodi may deviate from the aforementioned amounts and percentages in favor of the consumer.

 

Article 16 – Complaints procedure

1.Sanodi has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2.Complaints about the performance of the agreement must be submitted to Sanodi fully and clearly described, within a reasonable time after the consumer has discovered the defects.

3.Complaints submitted to Sanodi will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Sanodi will reply within the 14 (fourteen) day period with an acknowledgment of receipt and an indication of when the consumer can expect a more comprehensive answer.

17 – Disputes

Only Dutch law applies to agreements between Sanodi and the consumer to which these general terms and conditions relate. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Sanodi has its office.

18 – Additional or deviating provisions

 

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.