Article 1 -           Definitions

In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.

1.1 "Seller" The private company with limited liability Titus Health Care B.V., with registered office and place of business at (1438 AX) Oude Meer at the Aalsmeerderdijk 158C, The Netherlands.

1.2 "Buyer" Each
(i) consumer;
(ii) BIG registered doctor or midwife who is authorised to place Products on patients; or
(iii) Dutch health care institution; with whom Titus Health Care B.V. concludes an Agreement.

1.3 "Agreement" Any agreement between Titus Health Care B.V. and the Buyer via the webshop on titushealthcare.nl and any amendment or addition thereto.

1.4 "Party" or "Parties" means the Seller and/or the Buyer.

1.5 "Products" All Products that are the subject of an Agreement.

Article 2 -           General

2.1 These General Terms and Conditions apply to every Agreement between the Seller and a Buyer.

2.2 Upon request of the Buyer, the text of the General Terms and Conditions shall be sent by post free of charge.

2.3 The text of these general terms and conditions shall always be made available to the Buyer by electronic means.

 

Article 3 -           Prices

3.1 The purchase price for a certain Product will be the price as mentioned on the website titushealthcare.nl at the date of purchase. The price will be stated in Euros, including the VAT due.

3.2 The Buyer will not be charged separately for any delivery costs.

 

Article 4 -           The Agreement

4.1 The Products are exclusively intended for use by consumers/patients in the Netherlands. Seller will not deliver Products that are apparently intended for use by foreign consumers. In the event of a delivery address outside the Netherlands, Seller will dissolve the Agreement.

4.2 The Agreement is concluded when the Buyer accepts an offer. The Buyer/Consumer is obliged to provide the following information when making a purchase: first and last name, age, gender and place of residence.

4.3 The Seller shall confirm acceptance of the offer by electronic means.

4.4 Seller shall take appropriate technical and organisational measures to secure the electronic transmission of data.

4.5 Seller shall enclose the following information with the Product, in writing or in such a way that it can be stored by Buyer in an accessible manner on a durable data carrier:

1. a) the visiting address of the Seller's branch office to which the Buyer may address any complaints;
2. b) the conditions under which and the way in which the Buyer may exercise the right of withdrawal;
3. (c) information on existing after-sales services and guarantees.

 

Article 5 -           Force majeure

5.1 Seller is not obliged to fulfil any obligation towards Buyer if he is prevented from doing so due to a circumstance that is not due to his fault, and which is not for his account under the law, a legal act or generally accepted practice.

5.2 The Seller may suspend its obligations under the Agreement during the period of force majeure. If this period lasts longer than two (2) months, each of the Parties shall be entitled to dissolve the Agreement without any obligation to pay damages to the other Party.

 

Article 6 -           Guarantees, examination for visible defects and acceptance, consumer return policy

6.1 The Products to be delivered by Seller shall comply with the legal and technical requirements and standards applicable to them at the time of delivery, and for which they are intended in normal use.

6.2 The warranty is limited to that provided by the manufacturer of the Products.

6.3 Buyer is obliged to inspect the delivered Products, or have them inspected, for visible defects immediately at the time the Products are made available to it. Any visible defects must be reported in writing to Seller within two (2) working days of delivery at the latest. The report must contain as detailed a description as possible of the defect, so that the Seller is able to respond adequately. The Buyer must give the Seller the opportunity to investigate a complaint or have it investigated.

6.4 If no visible defect in the Products or their packaging has been reported to Seller by the doctor, midwife or healthcare institution within two (2) working days of delivery of the Products, the Products will be deemed to have been accepted by that Buyer. If such visible defect is reported later, Purchaser shall no longer be entitled to replacement or compensation. This clause 6.4 shall not apply to the Purchaser/Consumer.

6.5 If it has been established that a Product and/or its packaging is defective and a claim in this respect has been filed in time, Seller shall, at Buyer's discretion, replace the defective Product or pay the Buyer compensation for this within a reasonable period of time after receipt of the return receipt or, if the return is not reasonably possible, written notification regarding the defect from Buyer. In the event of replacement, the Buyer shall be obliged to return the defective Product to the Seller and to transfer ownership thereof to the Seller, unless the Seller indicates otherwise.

6.6 A Buyer who is a consumer has - provided that the outer packaging of the Product has not been opened and/or damaged - the possibility to rescind an Agreement within fourteen (14) days after receiving a Product, by means of a written statement to the Seller, for example by using the model form on the website titushealthcare.nl. The cost of returning a Product shall be borne by the Consumer. If the right of withdrawal has been validly exercised, Seller will, after receipt of the Product (or proof that a Product with intact outer packaging has been returned to Seller), refund the full purchase price to a bank account number to be provided by the Consumer.

 

Article 7 -           Liability

7.1 If Seller should be liable, then this liability is limited to what is regulated in this provision, with the exception of legal liability.

7.2 Seller is not liable for damage, of whatever nature, arising because Seller has relied on incorrect and/or incomplete information provided by or on behalf of Buyer, unless this incorrectness or incompleteness should have been known to Seller.

7.3 The seller is not liable for any accidents with the delivered item, for example due to incorrect or inexpert use.

7.4 Seller is not liable for damage as a result of a defect in the Product that has arisen during storage of the Product by Buyer. The Product must be stored at room temperature (between 0°C and 35°C) for use, in a dry place and protected from direct sunlight and humidity.

7.5 In no event shall Seller be liable for damage arising or caused by Buyer's use of the delivered Products for any purpose other than that for which they are intended.

7.6 The Seller shall never be liable for indirect damage.

7.7 If Seller is liable for any damage, other than damage for which Seller is legally responsible, then Seller's liability is limited to the invoice value of the order.

 

Article 8 -           Risk transfer

8.1 The risk of loss or damage to the Products, which are the subject of the Agreement, shall pass to the Buyer after delivery and acceptance of the Products in accordance with Article 6.

 

Article 9 -           Communication

9.1 All correspondence, complaints and returns shall be addressed to the address below:

 

Titus Health Care B.V.

Aalsmeerderdijk 158C

1438 AX Oude Meer

Netherlands

 

Tel: +31 20 722 08 25 (available on working days from 9:00 to 18:00)

Email: info@titushealthcare.nl

 

(Chamber of Commerce number: 27339289

VAT ID: NL 8205.55.265.B01)

 

Article 10 -           Complaints and side effects

10.1 The Buyer may at all times update

and/or suspicions thereof to the Seller via the contact form provided in

Article 9 of these general terms and conditions.

The Buyer should always consult a doctor in such cases.

consult.

 

Article 11 -           Applicable law and disputes

11.1 The Agreement is exclusively governed by Dutch law. The judge in the Buyer's place of residence is in any case competent to take cognisance of any dispute arising from the Agreement.

11.2 Parties may only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

 

Article 12 -           Buyer's declaration

12.1 The Buyer is deemed to have the following knowledge of the Products purchased:

1. The Buyer/Consumer is aware of the fact that the purchased copper spiral is exclusively intended for personal use. Resale by others than BIG registered doctors and midwives or healthcare institutions is not permitted.
2. The Buyer is aware of the fact that a copper spiral is a medical device to prevent pregnancy, intended for use by women.
3. The Buyer is familiar with the fact that a copper spiral does not provide one hundred percent (100%) protection against pregnancy.
4. The Buyer is aware of the fact that the consumer/patient must be informed by a BIG-registered physician or midwife about the effects, risks, side effects and contra-indications of the copper coil before the copper coil is to be installed and is also aware of the fact that a gynaecological examination (including an STD test) must be carried out by a BIG-registered physician or midwife before the copper coil is to be installed and that the copper coil may only be installed by a BIG-registered physician or midwife.
5. The Buyer is aware of the fact that the copper spiral is packaged sterile and may only be opened for use by a BIG-registered physician or midwife.
6. The Buyer is aware of the fact that a copper spiral in a damaged package may not be used.
7. The Buyer is familiar with the "USER INFORMATION" provided with the copper coil before its placement.
8. The Buyer is familiar with the fact that a check-up by a BIG-registered physician or midwife must take place four (4) to twelve (12) weeks after the placement of the copper spiral.
9. The Buyer is familiar with the fact that a copper spiral should be removed after a number of years, as stated in the patient information leaflet.
10. The Buyer is aware of the fact that in the event of side effects and/or suspicions thereof, a BIG-registered doctor or midwife must always be consulted.

 

Article 13 -   Location and modification of conditions

 

13.1 The general conditions are available as pdf on the website titushealthcare.nl. The version of the general terms and conditions that applied at the time of establishing the legal relationship with Seller shall always apply.

 

Article 14 -    Protection of personal data

14.1 The Seller will store and use the Buyer's order details for the delivery of the Products to the Buyer. The Seller will store the Buyer's personal data linked to a batch number in order to trace the Products in the event of a possible recall.

14.2 Seller will, within the framework of the applicable privacy legislation, take reasonable measures to protect the confidential information of its customers (provided via the website) against improper use. It will not make these data public in any way other than is necessary in the context of an Agreement.

14.3 Seller will not provide customer data to third parties, with the exception of third parties involved in the execution of the order.

14.4 The Buyer is entitled at all times to inspect the personal data collected by the Seller. Among other things, the Buyer is entitled to amend these if they are manifestly incorrect.