General terms and conditions of Penta Health BV

Kerutabs is a product of Penta Health BV. We advise you to read these Terms and Conditions carefully so that you are aware of your rights and obligations under the Agreement between you and us. You are referred to in these Terms and Conditions as the Customer. We opt for the masculine form for the sake of convenience, but of course we also mean “she” where “he” is written.

Article 1. Definitions
In these General Terms and Conditions the following capitalized terms always have the following meaning:

General Terms and Conditions
These general terms and conditions of Penta Health BV;

Login Details
The combination of the Customer’s username and password for placing an order on the Website;

Customer
The natural person who places an order on the Website;

Penta Health BV
The private limited liability company Penta Health BV (hereinafter referred to as ‘Penta Health’), with its registered office and place of business in (6862 HK) Oosterbeek at Heuveloordweg 30;

Agreement
The agreement between Customer and Penta Health entered into through the Website pursuant to which Customer purchases the Product from Penta Health;

Product
A product offered on the Website by Penta Health.

Privacy Statement
Penta Health’s privacy statement, which can be found on the Website;

Website
Penta Health’s website, https://www.kerutabs.com/, on which the Product is offered;

Article 2. Applicability

  1. The Terms and Conditions apply to any offer made by Penta Health on the Website, the use of the Website and to any Agreement established through the Website.
  2. Penta Health may amend and/or supplement these Terms and Conditions at any time. Changes do not apply to Agreements already concluded. The most current General Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and/or supplemented General Terms and Conditions, the Customer can no longer order the Product.

Article 3. Offer and conclusion of the Agreement

  1. The Agreement is concluded by going through the ordering process, which includes the acceptance of the General Terms and Conditions.
  2. An offer on the Website is always without obligation and can still be revoked by Penta Health without delay after an order has been placed.
  3. Penta Health is not bound by obvious errors and mistakes in the offer on the Website.

Article 4. Use and availability of the Website

  1. Penta Health does not guarantee that information on the Website will always be accurate, current or complete.
  2. During the ordering process, the Customer can enter login details. When Customer provides Login Credentials, Customer represents and is responsible to Penta Health that the information it provides when creating its Login Credentials is correct, complete and current.
  3. The Customer is responsible and liable for all use made with his Login Details.
  4. As soon as Customer knows or has reason to suspect that Login Data has fallen into the hands of unauthorized persons, Customer must notify Penta Health, without prejudice to its own obligation to immediately take effective measures itself, such as changing the Login Data.
  5. Penta Health reserves the right to change the login procedure and/or the Customer’s Login Information if it deems it necessary in the interest of the functioning of the Website.

Article 5. Price and payment

  1. The stated price of the Product is valid at the time it is displayed on the Website.
  2. VAT is included in the stated total price. The Website will mention any additional costs, such as shipping and payment costs.
  3. The Website lists the payment options. If the Customer chooses a method of payment after delivery, the payment term depends on the chosen payment method, as indicated on the Website. The payment term is a deadline.
  4. If Customer does not pay on time or Penta Health is unable to collect the amount due by means of Customer’s chosen means of payment before the end of the payment period, Customer is in default, regardless of whether Penta Health sends a further reminder.
  5. If the Customer is in default with regard to its payment obligation, the Supplier may hand over the claim. In that case, costs incurred by Penta Health will be borne by Customer, in accordance with the scale of extrajudicial collection costs (BIK)

Article 6. Delivery
Delivery times stated on the Website and/or in the ordering process are indicative and do not count as a strict deadline.

Article 7. Privacy
When visiting the Website and when placing an order and when providing Login information, (personal) data are provided to Penta Health. This (personal) data will be processed in accordance with Penta Health’s Privacy Statement and applicable laws and regulations.

Article 8. Reflection time and complaints

  1. The Customer has the right to dissolve the Agreement during 14 days after receipt of the Product, without stating reasons, unless one of the exceptions in Article 6:230p of the Dutch Civil Code applies. If applicable, Customer may exercise this right by returning to Penta Health the model dissolution form as provided by Penta Health and the Product delivered. The costs of return shipment are for the account of the Customer.
  2. In the event of dissolution of the Agreement, the Customer is obliged to return the delivered Product that the Customer does not want as soon as possible, but at the latest within 14 days.
  3. In case of rescission, Penta Health will refund the amount already paid by the Customer under the Agreement within 14 days after receipt of the declaration of rescission. Penta Health is entitled to deduct the depreciation of the Product from the refundable amounts, to the extent that such depreciation is the result of use by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  4. If the Customer has chosen a shipping method other than the standard shipping method, only the cost of standard shipping will be refunded by Penta Health.
  5. Complaints about the Product can be sent to info@penta-health.nl. Penta Health will respond substantively to the complaint within a reasonable period of time.

Article 9. Conformity

  1. If a Product does not comply with the Agreement, Penta Health will repair the Product free of charge and within a reasonable period of time at Penta Health’s discretion, or, in the absence of a Product or parts thereof, still deliver the Product. If repair is not possible or cannot be required of Penta Health, Penta Health will replace the Product.
  2. If Penta Health has not repaired the Product within a reasonable time, Customer is authorized to turn to another party for repair. Penta Health will reimburse the reasonable costs incurred by this third party with respect to recovery.
  3. It is not possible to invoke the non-compliance of the Product with the Agreement if the Customer was already aware or could reasonably have been aware of the defect when the Agreement was concluded, or if the nature of the purchased Product or the nature of the defect opposes this.

Article 10. Liability

  1. Penta Health is not liable for indirect or consequential damages, such as loss of profits, loss of sales, loss of anticipated savings and other similar financial losses, as well as loss of goodwill or good name or reputation.
  2. To the extent Penta Health is liable, such liability is limited to no more than the price of the Product.

Article 11. Miscellaneous

  1. The Customer may not transfer rights and obligations arising from the Agreement to third parties.
  2. Dutch law applies to the Agreement.