In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
- “Hertong Health” means the Dutch company Hertong Health, registered under number 74436015 at the Chamber of Commerce, with VAT identification number NL001653166B21.
- “the buyer” means the person, firm or company who purchases the goods from Hertong Health.
Orders shall be placed in writing per e-mail with specification of product, price and requested delivery date. An order shall be binding only when the Hertong Health accepts it in writing. Acceptance of orders shall be confirmed in writing within five business days following receipt of the order. Complaints must be made in writing within 7 working days.
Terms and Payment
Payment is due in full 14 days from the date of the invoice. Further orders will not be dispatched, whilst balance remains outstanding. Sales are made Ex works. That means that all risks pass to buyer when goods are collected at the warehouse of Hertong Health. Buyer shall ensure that the goods are sufficiently insured prior to transportation.
If payment is not received in time, Hertong Health will be entitled to claim statutory interest for commercial transactions according to Dutch law (wettelijke handelsrente) and extra judicial costs equal to 15% of the outstanding amount.
Retention of Title
Property of the goods supplied by Hertong Health shall pass to the buyer only when Hertong Health has received full payment for all sums then owed by the buyer to Hertong Health.
Where the Buyer discovers any defects in the products which are apparent on reasonable visual inspection, the Buyer shall notify Hertong Health in writing within three business days of receipt thereof and shall provide reasons for rejection. Defects accepted by Hertong Health shall be replaced.
Hertong Health shall indicate the delivery term at acceptance of the order. This delivery term is indicative; under no circumstances shall Hertong Health be liable when exceeding this delivery term.
Hertong Health shall be entitled to cancel or delay delivery of orders if it is delayed, hindered or prevented from delivery through circumstances beyond its control. Such circumstances shall include (but are not limited to) industrial action, accident, fire, terrorism, Act of God or failure to deliver by suppliers or carriers.
Changes to orders must be confirmed in writing and agreed in writing by the company.
Limitation of Liability
Hertong Health’s liability in contract, tort or otherwise arising out of the subject matter of the delivered products shall in no event include liability for incidental, special, indirect, consequential or punitive damages. The total liability of Hertong Health for damages shall be limited to the total fees due for the invoice upon which a claim is based.
Data Protection and Confidentiality
Hertong Health fully complies with relevant Data Protection Legislation when dealing with customer information. Each party shall safeguard and keep confidential, all confidential information that it may acquire in relation to the business or affairs of the other party. Neither party shall use or disclose the others party’s confidential information except to the extent that such use or disclosure is necessary for the purposes of performing its obligations or exercising its rights under this agreement. Each party shall ensure that its officers and employees and any other persons to whom the confidential information is disclosed comply with the provisions of this clause.
The agreement between Hertong Health and Buyer shall be governed by and interpreted according to Dutch law.
The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Court of Almelo, The Netherlands (Rechtbank Overijssel, locatie Almelo).
Wholesale terms and conditions Hertong Health, version 1.0, 20191217