Actuator
Other parts
Battery
Tires
Ferrules
Fenders
Gas springs
Headboard
Handset Controllers
Grips
Wheels
Hydraulic Pumps
Cables
Control box
Wires
Metal parts
Motor
Rail and parts for rails
Screws, Bolts and Fixings
Tubes
Joystick
Chargers
Circuit board
Tools
Generel terms and conditions
Definitions
1. Caretech Supply: caretechsupply.com, established in Denmark, CVR
no. 32838723.
2. Customer: the person with whom Caretech Supply has entered into an
agreement.
3. Parties: Caretech Supply and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders,
agreements and deliveries of services or products by or on behalf of Caretech Supply.
2. Parties can only deviate from these conditions if they have explicitly agreed upon
in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating
general terms and conditions of the customer or of third parties.
Offers and quotations
1. Offers and quotations from Caretech Supply are without engagement,
unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 1 month from its date
unless another acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable time
frame, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeated orders unless the parties have
agreed upon this explicitly and in writing.
Acceptance
1. Upon acceptance of a quotation or offer without engagement, Caretech Supply reserves the right to withdraw the quotation or offer within 3 days after
receipt of the acceptance, without any obligations towards the customer.
2. Verbal acceptance of the customer only commits Caretech Supply after the
customer has confirmed this in writing (or electronically).
Prices
1. All prices used by Caretech Supply are in euros, are exclusive of VAT and
exclusive of any other costs such as administration costs, levies and travel-,
shipping- or transport expenses, unless expressly stated otherwise or agreed
otherwise.
2. Caretech Supply is entitled to adjust all prices for its products or services,
shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Caretech Supply could not foresee at the time of making an offer or the conclusion of the
agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price
increase as referred to in paragraph 3, unless the increase is the result of
statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from
this other than that it is an indication of the nature of the product, unless the parties have
explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment terms
1. Caretech Supply may, at the conclusion of the agreement, require a down
payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the
product.
3. Payment terms are considered as fatal payment terms. This means that if the
customer has not paid the agreed amount at the latest on the last day of the
payment term, he is legally in default, without Caretech Supply having to
send the customer a reminder or to put him in default.
4. Caretech Supply reserves the right to make a delivery conditional upon
immediate payment or to require adequate security for the total amount of the
services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, Caretech Supply is
entitled to charge an interest of 1% per month from the day the customer is in
default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs
and may be obliged to pay any compensation to Caretech Supply.
3. The collection costs are calculated based on the Reimbursement for extrajudicial
collection costs.
4. If the customer does not pay on time, Care Tech Supply may suspend its
obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on
behalf of the customer, the claims of Caretech Supply on the customer are
immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement
by Caretech Supply, he is still obliged to pay the agreed price to Caretech Supply.
Right of recovery of goods
1. As soon as the customer is in default, Caretech Supply is entitled to invoke
the right of recovery with regard to the unpaid products delivered to the
customer.
2. Caretech Supply invokes the right of recovery by means of a written or
electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the
customer must immediately return the products concerned to Caretech Supply, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the
customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days
without giving any reason, provided that
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its
special needs
• it is not a product that may not be returned for hygienic reasons
• the seal is still intact when the product is a data carrier with digital
content
• the product is not a separate magazine or a loose newspaper
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of
1 order
• as soon as the consumer has received the first the product of a
subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed the purchase of digital content
via the internet
3. The consumer can notify his right of cancellation via info@caretechsupply.com.
4. The consumer is obliged to return the product to Caretech Supply within
14 days after the notification of his right of cancellation, after which period his
right of cancellation will lapse.
5. The costs for return are due Caretech Supply if the complete order is
returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are
eligible for reimbursement according to the law, Caretech Supply will
refund these costs to the consumer within 14 days of receipt of the timely
appeal to the right of withdrawal, provided that the consumer has returned the
product to Caretech Supply in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising
from this agreement.
Right of retention
1. Caretech Supply can appeal to his right of retention of title and in that case
retain the products sold by Caretech Supply to the customer until the
customer has paid all outstanding invoices with regard to Caretech Supply,
unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements
from which the customer still owes payments to Caretech Supply.
3. Caretech Supply is never liable for any damage that the customer may
suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Caretech Supply with
any claim on Caretech Supply.
Retention of title
1. Caretech Supply remains the owner of all delivered products until the
customer has fully complied with all its payment obligations with regard to Caretech Supply under whatever agreement with Caretech Supply including of claims regarding the shortcomings in the performance.
2. Until then, Caretech Supply can invoke its retention of title and take back
the goods.
3. Before the property is transferred to the customer, the customer may not pledge,
sell, dispose of, or otherwise encumber the products.
4. If Caretech Supply invokes its retention of title, the agreement will be
dissolved, and Caretech Supply has the right to claim compensation, lost
profits, and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Caretech Supply unless the parties have agreed
upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the
customer.
4. If the agreed price is not paid on time, Caretech Supply has the right to
suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby
he can not object to late delivery by Caretech Supply.
Delivery period
1. Any delivery period specified by Caretech Supply is indicative and does not
give the customer the right to dissolution or compensation if this period is not
met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery period starts after the customer has signed the agreement to Caretech Supply and is confirmed in writing or electronically by Caretech Supply to the customer.
3. Exceeding the specified delivery period does not entitle the customer to
compensation or the right to terminate the contract, unless Caretech Supply cannot deliver within [number of days late] or if the parties have agreed
upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take
place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must
have a note drawn up by the forwarder or delivery person before receiving the
product. In the absence of which Caretech Supply may not be held liable
for any damage.
2. If the customer himself takes care of the transport of a product, he must report
any visible damage to products or the packaging prior to the transport to Caretech Supply, failing which Care Tech Supply cannot be held liable for any
damage.
Insurance Storage
1. If the customer orders products later than the agreed delivery date, the risk of
any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely
at the customer’s expense.
Assembly / Installation
Although Caretech Supply strives to carry out all assembly and/or
installation work as well as possible, it does not bear any responsibility for this,
except in case of intent or gross negligence.
Guarantee
1. The warranty relating to products only applies to defects caused by faulty
manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage
resulting from accidents, changes made to the product, negligence or improper
use by the customer, or when the cause of the defect can not clearly be
established.
3. The risk of loss, damage or theft of the products that are the subject of an
agreement between the parties, will pass on to the customer when these
products are legally and/or factually delivered, at least are in the power of the
customer or of a third party who receives the product for the benefit of the
customer.
Exchange
1. Exchange is only possible if the following conditions are met:
• exchange takes place within 14 days after purchase upon presentation
of the original invoice
• the product witis returned in the original packaging or with the
original (price) tags still attached to it
• the product has not been used
2. Discounted items, non-shelf articles such as food, custom made items or
specially adapted articles for the customer and Products of which the seal or
packaging has been damaged cannot be exchanged.
Indemnity
The customer indemnifies Caretech Supply against all third-party claims that
are related to the products and/or services supplied by Caretech Supply.
Complaints
1. The customer must examine a product or service provided by Caretech Supply as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could
reasonably expect from the agreement, the customer must inform Caretech Supply of this as soon as possible, but in any case, within 1 month after
the discovery of the shortcomings.
3. Consumers must inform Caretech Supply of this within two months after
detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so
that Caretech Supply 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 Caretech Supply being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Caretech Supply in
writing.
2. It is the responsibility of the customer that a notice of default actually
reaches Caretech Supply (in time).
Joint and several Client liabilities
If Caretech Supply enters into an agreement with several customers, each of
them shall be jointly and severally liable for the full amounts due to Caretech Supply under that agreement.
Liability of Care Tech Supply
1. Caretech Supply is only liable for any damage the customer suffers if and
insofar as this damage is caused by intent or gross negligence.
2. If Caretech Supply is liable for any damage, it is only liable for direct
damages that results from or is related to the execution of an agreement.
3. Caretech Supply is never liable for indirect damages, such as consequential
loss, lost profit, lost savings or damage to third parties.
4. If Caretech Supply is liable, its liability is limited to the amount paid by a
closed (professional) liability insurance and in the absence of (full) payment by an
insurance company of the damages the amount of the liability is limited to the
(part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog
are only indicative and are only approximate and can not lead to any
compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.
Expiry period
Every right of the customer to compensation from Caretech Supply shall, in
any case, expire within 12 months after the event from which the liability arises
directly or indirectly.
Dissolution
1. The customer has the right to dissolve the agreement if Caretech Supply
imputably fails in the fulfillment of his obligations, unless this shortcoming does
not justify termination due to its special nature or because it is of minor
significance.
2. If the fulfillment of the obligations by Caretech Supply is not permanent or
temporarily impossible, dissolution can only take place after Caretech Supply is in default.
3. Caretech Supply has the right to dissolve the agreement with the customer,
if the customer does not fully or timely fulfill his obligations under the
agreement, or if circumstances give Caretech Supply good grounds to fear
that the customer will not be able to fulfill his obligations properly.
Force majeure
1. Either party shall be excused from any delay or failure in performance if caused
by reason of any occurrence or contingency beyond its reasonable control,
including, but not limited to, acts of God, acts of war, fire, insurrection, strikes,
lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or
other acts of nature. The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the time period equal to the period of such
excusable interruption. When such events have abated, the parties’ respective
obligations shall resume. In the event the interruption of the excused party’s
obligations continues for a period in excess of thirty calendar days, either party
shall have the right to terminate the applicable contract(s) of sale, without
liability, upon thirty calendar days’ prior written notice to the other party.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears
necessary to change or supplement its contents, the parties shall timely and in
mutual consultation adjust the agreement accordingly.
Miscellaneous
The United Nations Convention for the International Sale of Goods shall not apply to
these GTCS or to any contracts of sale entered into between us.
No waiver of any provision of these GTCS shall constitute a waiver of any other
provision(s) or of the same provision on another occasion. Failure of either party to
enforce any provision of these GTCS shall not constitute a waiver of such provision
or any other provision(s) of these GTCS.
Should any provision of these GTCS be held by a court of competent jurisdiction to
be illegal, invalid or unenforceable, such provision may be modified by such court in
compliance with the law giving effect to the intent of the parties and enforced as
modified. All other terms and conditions of these GTCS shall remain in full force and
effect and shall be construed in accordance with the modified provision.
These GTCS and all contracts of sale entered into between us shall be governed by
and construed in accordance with the laws of Denmark without giving effect to any
choice of law or conflict of law provisions. Any suits, actions or proceedings that
may be instituted by either of us against the other shall be instituted exclusively
before the competent courts of Denmark, however, without prejudice to our right to
bring suits, actions or proceedings in any other court which would have jurisdiction
if this provision had not been incorporated into these GTCS. Caretech Supply