Terms and Conditions
 

General terms and conditions Polso

Email: info@polso.nl
Website: www.polso.nl

Definitions

1.   Polso: Polso, established in Nederhorst den Berg under Chamber of Commerce no. 34213425

2.   Customer: the person with whom Polso has entered into an agreement.

3.   Parties: Polso and customer together.

4.   Consumer: A customer who is also an individual and who acts as a private person.

 Applicability of terms and conditions

1.   These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Polso.

2.   The parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3.   The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

1.   All prices applied by Polso are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

2.   All prices that Polso charges for its products, on its website or that are otherwise made known can be changed by Polso at any time. 

3.   Increases in the cost prices of products or parts thereof, which Polso could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases._cc781905 -5cde-3194-bb3b-136bad5cf58d_

4.   The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and Models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Payments 

Products are paid immediately upon order.

Consequences of not paying on time

1.   If the customer does not pay within the agreed term, Polso is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, where a part of a month is counted as a whole month.

2.   If the customer is in default, he also owes extrajudicial collection costs and any compensation to Polso. 

3.   The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

4.   If the customer does not pay on time, Polso may suspend its obligations until the customer has fulfilled its payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Polso's claims against the customer are immediately due and payable. 

6.   If the customer refuses to cooperate with the execution of the agreement by Polso, he is still obliged to pay the agreed price to Polso. 

Right of advertising 

1.   As soon as the customer is in default, Polso is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2.   Polso invokes the right of advertising by means of a written or electronic communication.

3.   As soon as the customer has been informed of the right of complaint invoked, the customer must immediately return the products to which this right relates to Polso, unless the parties agree otherwise. . 

4.   The costs of returning or returning the products will be borne by the customer.

Right of withdrawal 

1.   A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

   the product has not been used

   the consumer has not waived his right of withdrawal

2.   The consumer can make his appeal to the right of withdrawal known via info@polso.nl.

3.   The consumer is obliged to notify the product within 14 days of receipt of the use of the right of withdrawal to return the product to Polso, failing which the right of withdrawal will lapse.

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Reimbursement of delivery costs and return costs.  

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2 . If the consumer has made use of the right of withdrawal in time and as a result has returned the complete order to Polso in time, then Polso will refund the consumer within 14 days of receipt of the timely and complete return order, undamaged and in the original packaging.  

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
 

Right of retention 

1.   Polso may invoke its right of retention and, in that case, retain the customer's products until the customer has settled all outstanding invoices with regard to Polso, unless the customer has provided sufficient security for costs. 

2.   The right of retention also applies under previous agreements under which the customer still owes Polso payments.

3.   Polso is never liable for any damage that the customer may suffer as a result of the use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Polso against a claim against Polso. 

Retention of Title .

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1.   Polso remains the owner of all delivered products until the customer has fulfilled all its payment obligations towards Polso under any agreement concluded with Polso, including claims relating to the failure to comply.

2.   Until then, Polso can invoke its retention of title and take back the goods. 

3.   Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4.   If Polso invokes its retention of title, the agreement will be deemed dissolved and Polso will be entitled to claim compensation, lost profit and interest. 

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Delivery

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1.   Delivery will take place while stocks last.

2.   Delivery takes place at Polso, unless the parties have agreed otherwise.

3.   Delivery of products ordered online takes place at the address indicated by the customer. 

4.   If the agreed amounts are not paid or are not paid on time, Polso has the right to suspend its obligations until the agreed part has been paid. 

5.   Late payment constitutes default by creditors, with the result that the customer cannot object to Polso for a late delivery.

Delivery time 

1.   The delivery times specified by Polso are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2.   The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from Polso.

3.   Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement. 

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Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transport costs 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

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1.   If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have the forwarder or delivery person make a note of this, failure of which Polso cannot be held liable for any damage.

2.   If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Polso prior to transport, failing which Polso cannot be held liable. for any damage.

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Guarantee

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1.   The product warranty applies only to defects caused by faulty workmanship, construction or materials. 

2.   The warranty does not cover normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly identified.

3.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

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Swap 

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1.   Exchanging purchased items is only possible if the following conditions are met:

   exchange takes place within 14 days of purchase upon presentation of the original invoice

·    The product is returned undamaged and in its original packaging.

   the product has not been used yet

2.   Discounted items, custom items or custom items cannot be exchanged.

Disclaimer

The customer indemnifies Polso against all third-party claims related to the products and/or services supplied by Polso. 

Complaints

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1.   The customer must examine a product or service provided by Polso as soon as possible for any shortcomings.

2.   If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Polso as soon as possible, but in any case within 14 days after the shortcomings, to be informed. 

3.   Consumers must inform Polso of any shortcomings within 14 days of receipt of the Polso at the latest.

4.   The customer provides as detailed a description as possible of the shortcoming, so that Polso is able to respond adequately. 

5.   The customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead to Polso being obliged to perform other work than has been agreed.

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Notice of default

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1.   The customer must notify Polso of default notices in writing.

2.   It is the customer's responsibility that a notice of default actually reaches Polso (on time). 

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Joint and several liability customer

If Polso enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Polso under that agreement. 

Liability Polso

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1.   Polso is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2.   If Polso is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

3.   Polso is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4.   If Polso is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5.   All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

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Expiration period

Any right of the customer to compensation from Polso expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
 

Right to dissolution

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1.   The customer has the right to terminate the agreement if Polso imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance._cc781905- 5cde-3194-bb3b-136bad5cf58d_

2.   If the fulfillment of the obligations by Polso is not permanently or temporarily impossible, dissolution can only take place after Polso is in default. 

3.   Polso has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Polso has become aware of circumstances that give grounds to fear that the customer will not be able to properly fulfill his obligations. 

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Force of the majority

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1.   In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Polso to fulfill any obligation towards the customer cannot be attributed to Polso in one of the situation independent of Polso, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Polso. 

2.   The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.   If a force majeure situation occurs as a result of which Polso cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Polso can meet them again._cc781905-5cde-3194-bb3b- 136bad5cf58d_

4.   From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

5.   Polso does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

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Change of agreement 

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1.   If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation._cc781905- 5cde-3194-bb3b-136bad5cf58d_

2.   Previous paragraph does not apply to products purchased in a physical store. 

Change of terms and conditions

1.   Polso is entitled to amend or supplement these general terms and conditions. 

2.   Minor changes may be made at any time. 

3.   Polso will discuss major substantive changes with the customer in advance as much as possible.

4.   Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1.   Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Polso. 

2.   This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code. 

Consequences of nullity or voidability

1.   If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions. 

2.   A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Polso had in mind when drafting the conditions on that point.

Applicable law and competent court

1.   Only Dutch law applies to every agreement between the parties. 

2.   The Dutch court in the district where Polso is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on January 28, 2022.