Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Center for Joint Health & Mobility (CJHM);
  • Day: calendar day;
  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable data carrier: any means that enables the consumer or CJHM to store information addressed to him personally in a manner that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: CJHM, the natural or legal person who offers products and/or services remotely to consumers;
  • Distance agreement: an agreement in which, within the framework of a system organized by CJHM for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  • Remote communication technology: means that can be used to conclude an agreement, without the consumer and CJHM being together in the same room at the same time.
  • General Terms and Conditions: the present General Terms and Conditions of CJHM

Article 2 – Identity of the entrepreneur

Center for Joint Health & Mobility (CJHM)
Address: Coolsingel 104, 3011AG, Rotterdam
Chamber of Commerce number: 93396090

Article 3 – Applicability

These general terms and conditions apply to every offer from CJHM and to every distance contract and orders concluded between CJHM and the consumer. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at CJHM and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer from CJHM has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. CJHM' offer is without obligation. CJHM is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered by CJHM. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If CJHM uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind CJHM. All images and specifications in the CJHM offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered by CJHM. CJHM cannot guarantee that the colors shown exactly match the real colors of the products. Every offer from CJHM contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to imports. This arrangement applies if the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement by CJHM;
  • the period for acceptance of the offer, or the period within which CJHM guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • any other languages in which, in addition to Dutch, the agreement with CJHM can be concluded;
  • the codes of conduct to which CJHM has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, type of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer from CJHM and compliance with the conditions set. If the consumer has accepted the offer electronically, CJHM will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by CJHM, the consumer can terminate the agreement. If the agreement is concluded electronically, CJHM will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, CJHM will take appropriate security measures. CJHM can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, CJHM has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution. CJHM will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  • the email address of the CJHM branch where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about warranties and existing after-sales service;
  • the information included in Article 4, paragraph 3 of these conditions, unless CJHM has already provided this information to the consumer before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question by CJHM.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement with CJHM without giving reasons for a period of 60 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to CJHM.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to CJHM with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by CJHM. See also the returns policy for instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform CJHM of this within 60 days of receipt of the product. The consumer must make this known by means of a written e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to CJHM, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer. If the consumer has paid an amount (excluding shipping), CJHM will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by CJHM or that conclusive proof of complete return can be submitted.

Article 8 – Exclusion of right of withdrawal

CJHM can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if CJHM has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • which by their nature cannot be returned;
  • that can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.
  • for hygienic products of which the consumer has broken the seal.
  • for repeat purchases, the consumer is only entitled to cancel the first order.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered by CJHM will not be increased, except for price changes as a result of changes in VAT rates.

Notwithstanding the previous paragraph, CJHM may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which CJHM has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

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

  • these are the result of legal regulations or provisions; or
  • the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

The delivery takes place in the country where the transport commences, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by CJHM. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, CJHM is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

A guarantee provided by CJHM, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against CJHM under the agreement.

Any defects or incorrectly delivered products must be reported to CJHM in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The warranty period of CJHM corresponds to the manufacturer's warranty period. However, CJHM is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of CJHM and/or on the packaging;
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

CJHM will exercise the utmost care when receiving and executing product orders. Taking into account what is stated in Article 4 of these general terms and conditions, CJHM will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, CJHM will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves impossible, CJHM will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment will be borne by CJHM.

The risk of damage and/or loss of products rests with CJHM until the moment of delivery to the consumer or a representative designated in advance and made known to CJHM, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation The consumer can cancel an agreement that has been entered into for an indefinite period with CJHM and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month. .

The consumer can cancel an agreement that has been entered into for a fixed period with CJHM and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and an agreement. notice period of no more than one month. The consumer can conclude the agreements with CJHM mentioned in the previous paragraphs:

  • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
  • at least cancel in the same manner as they were entered into by him;
  • always cancel with the same notice period as CJHM has stipulated for itself.

Extension An agreement that has been entered into with CJHM for a specific period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.

Notwithstanding the previous paragraph, a fixed-term agreement entered into with CJHM and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a fixed period with CJHM and that extends to 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 and a notice period. of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A limited-term agreement for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) with CJHM is not tacitly continued and ends automatically after the trial or introductory period.

Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement with CJHM at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the term. agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid to CJHM within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period after the consumer has received confirmation of the agreement from CJHM.

The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to CJHM. In the event of non-payment by the consumer, CJHM has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to CJHM within 7 days after the consumer has discovered the defects.

Complaints submitted to CJHM will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, CJHM will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of CJHM, unless CJHM indicates otherwise in writing.

If a complaint is found to be justified by CJHM, CJHM will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between CJHM and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.