Terms and Conditions

These are the General Terms and Conditions of the private company Nobel Zorgadvies, also trading under the name 'AfterSurgery', located at Ambachtsweg 85, 2641 KW Pijnacker.

Definitions

Customer: the person with whom AfterSurgery has entered into a (purchase) agreement.
Parties: AfterSurgery and the other party, such as a customer or website visitor.
Consumer: a customer who is also an individual and who acts as a private person.
Product: a product offered on the website by AfterSurgery, under its own management or on behalf of a supplier. Own products include BBL cushions, own-label compression clothing, silicone plasters, silicone breast pads and breast tape. Supplier products include compression clothing under someone else's label.

Applicability of general terms and conditions

These general terms and conditions apply to all offers, orders, agreements and deliveries of products by or on behalf of AfterSurgery.
These general terms and conditions also apply to the use of the AfterSurgery website.
Parties may only deviate from these general terms and conditions if they have expressly agreed to this in writing.
The customer, other party or website visitor who does not agree to these general terms and conditions should not use AfterSurgery's services or website.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
These general terms and conditions are always on the AfterSurgery website and can be stored on a durable data carrier.
Before an agreement is concluded by AfterSurgery, these general terms and conditions are made known to the other party.
By using the AfterSurgery website and by placing an order, the customer accepts these general terms and conditions.

Prices

All prices charged by AfterSurgery are in euros and include VAT (sales tax, 9% or 21%), unless expressly stated otherwise or agreed otherwise.
All prices charged by AfterSurgery exclude shipping costs. The shipping costs are €5.95 for shipments within the Netherlands. €8.95 is used for Belgium and for Germany €19.95. For shipments outside this area, the price can be requested.
For orders shipped to countries outside the European Union, AfterSurgery sells the products excluding taxes and duties. The taxes and other duties imposed on the customer by customs will be borne by the customer.
No shipping costs will be charged for every order within the Netherlands with a total value of €100 or more.
During the period of validity stated in the offer, the prices of the products offered for that customer will not be increased, unless the increase is a result of legal regulations or other cost factors.
The consumer has the right to cancel the agreement with AfterSurgery within 7 days after notification of a price increase that is not the result of a statutory regulation.
AfterSurgery has the right to adjust prices annually.
Prior to the commencement of an annual price increase, AfterSurgery will notify the price adjustment in writing, taking into account a period of no later than 4 weeks.

Discount codes

All prices charged by AfterSurgery are fixed prices, unless expressly stated otherwise or agreed otherwise.
AfterSurgery and/or partners with whom AfterSurgery collaborates can issue personal discount codes or discount codes that are accessible to everyone.

The offer of a product

An offer of a product is made in writing or electronically, unless urgent circumstances make this impossible.
All product offers are invitations to the potential customer to make an offer to purchase that product.
AfterSurgery can only be held to the offer if this is expressly and unambiguously stated.
The offer contains a complete and accurate description of the products offered by AfterSurgery. The description is sufficiently detailed to enable a proper assessment of the offer by the customer.
Images used by AfterSurgery are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind AfterSurgery.
If the offer has a limited period of validity or is subject to conditions, this will be expressly stated.

Realization of the agreement

When the website visitor places an order on the website, AfterSurgery sends a message that it has received the order. This email does not constitute a guarantee of purchase and is also not proof of a (purchase) agreement.
AfterSurgery has the right to reject the offered agreement before an order is processed. An agreement between AfterSurgery and the customer will only be concluded when payment for the customer's order is accepted by AfterSurgery, the prices have been verified and the order is processed and can be prepared for shipment.
The (purchase) agreement is concluded at the time of sending by AfterSurgery the second e-mail (whether automatically generated or not) containing the confirmation and acceptance of the purchase (order confirmation).
The order confirmation sent by AfterSurgery is deemed to fully and correctly reflect the content of the agreement.
The customer is deemed to have agreed to the content of the order confirmation, unless the customer has informed AfterSurgery in writing within 5 days of the date of the order confirmation that he does not agree with (part of) the content. That statement cannot prevent the purchase agreement from being concluded.
Any additional agreements and/or commitments made and/or made by employees (or persons acting as representatives) of AfterSurgery only bind AfterSurgery if they have been confirmed by the authorized director of AfterSurgery.

Customer account

The customer can add one or more products to the digital shopping cart on the website. These products will then be stored until they are paid for or removed from the shopping cart.
The customer can choose to view the shopping cart or pay immediately.
During checkout, the customer can create a customer account so that orders are stored in that customer account.
To create a customer account, an email address, name and password are required.
There is an option to add coupon codes during the ordering process.
After an order has been placed, both the customer and AfterSurgery will receive an email message confirming the order.
The customer can find the order in the customer account, provided it has been created.
It is possible to place an order without creating a customer account with AfterSurgery.

Payment

Payments are made via the secure environment of the website.
The customer can pay with a credit card (Visa, Maestro, MasterCard, American Express), PayPal, iDeal, ApplePay, GooglePay, ShopPay or via Klarna. The customer can also opt for post-payment or payment in installments via Klarna. The conditions for payment via Klarna can be found on the Klarna website.
Offers are valid for a specific duration and may be subject to certain conditions, with the end date and any applicable conditions being displayed on the website.

Delivery

Delivery takes place at the address specified by the customer when placing the order.
The customer guarantees the accuracy, completeness and reliability of the information provided to AfterSurgery.
Orders placed and confirmed on a working day before 2:00 PM will be processed and shipped on the same day and can be delivered in the Netherlands the next working day.
Orders placed and confirmed on a working day after 2:00 PM will be processed and shipped the next working day and can be delivered in the Netherlands the following working day.
A shipment of stock products is handled with track & trace by PostNL. The customer must sign for receipt.
A shipment of supplier products will be handled by the courier or postal service selected by the supplier and under the terms and conditions agreed by the supplier with that service.
If delivery is delayed, AfterSurgery will send the customer a notification by e-mail within the agreed delivery period.
If the product is no longer available or is only partially available, AfterSurgery will inform the customer as soon as possible and AfterSurgery will offer the customer - if possible - a replacement or alternative product.
In the latter case, the customer has the right to terminate the agreement (in whole or in part) without costs, after which the purchase price (in whole or in part), including shipping costs, will be refunded to the customer within 14 days.
The risk of damage and/or loss of the products rests with AfterSurgery until the moment of delivery, unless expressly agreed otherwise.

Right of withdrawal / return

The consumer has the right to terminate the agreement in writing within a period of 14 days from the moment of receipt of the product and to return the entire product, including the original packaging and in a state that is reasonably as original as possible, within a period of Can be returned 14 days after notification of return.
The consumer must handle the product and packaging with care during this withdrawal period. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics and operation of the product (just like in a store).
The consumer who invokes the right of withdrawal is requested, but not obliged, to inform AfterSurgery of the reason for the return.
The right of withdrawal is excluded:
4.1. for products that are manufactured according to consumer specifications, that are not prefabricated* and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person. * This characteristic is stated in the text that serves as product information.
4.2. for products that spoil quickly or have a limited shelf life.
4.3. for products that are not suitable for return for reasons of health protection or hygiene and where the seal has been broken or the packaging has been opened after delivery. If the returned product does not meet those conditions, AfterSurgery has the right to refuse the product.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Within 8 working days after receipt of the return, what the consumer paid for that order, excluding shipping costs and the costs for the return label, will be refunded to that consumer in the same manner as used for payment.
The discount code redeemed with the order will be activated again after receipt of the return, unless the validity date of the discount code has expired.
In the event of a return by a customer who has opted for payment via Klarna, we will, after our approval, (partially) cancel the payment obligation with Klarna. Transaction costs from Klarna are reimbursed by the customer.
To return orders to AfterSurgery, the customer can use the customer environment on our website.

Exchange

The customer has the right, within a period of 3 days from the moment of receipt of the product, to inform AfterSurgery that he wishes to exchange the product, if possible, for a different size or different color.
In the event of an exchange, the product packaging must remain unopened and/or sealed for hygiene reasons.
The costs of return and exchange are borne by the customer.

Depreciation upon return
When the customer exercises the right of return, a depreciation may be charged if the returned product has suffered damage or is not in its original condition. This applies, among others, to the following situations:

1. Signs of use or damage
Products that show signs of use, such as stains from makeup, deodorant, creams or other damage, are considered non-sellable. In such cases, a depreciation may be applied depending on the severity of the damage.

2. Packaging requirements
Medical products must be returned in their original packaging, as they often contain important information, such as production details and LOT numbers, which must remain visible. It is crucial that the packaging containing this information is intact and present upon return. However, the outer box or shipping packaging in which the product was shipped may be damaged or may be replaced without this leading to a reduction in value.

3. Incomplete returns
If parts or accessories of the product are missing, a reduction in value may be applied. The customer must ensure that all delivered parts of the product are included in the return shipment.

4. Hygienic reasons
Hygiene is of the utmost importance for rehabilitation products and other medical items. Products returned in a condition that endangers the hygiene or safety of other customers will be assessed against applicable health and safety regulations. In such cases, the depreciation can amount to 100% of the purchase amount.

5. Improperly packaged or damaged products
If the products are inadequately packaged during the return process and arrive at the company damaged, this may lead to a reduction in value of the amount to be refunded.

Height of depreciation
The amount of the depreciation is determined based on the extent to which the product has deteriorated or can no longer be sold as new. In some cases, the depreciation can amount to 100% of the original value, for example when the product has become completely unsellable due to use. The exact amount of the depreciation will be determined after inspection of the returned product and the customer will receive written confirmation of this.

Resale

The products are intended for end users and not for resale.
AfterSurgery reserves the right not to (partially) deliver orders for reasons of AfterSurgery's own, for example to possible resellers or to impose a maximum on the quantities of certain products that can be ordered.
In the case of orders that differ significantly in terms of nature, size or number of goods from what is generally customary among AfterSurgery customers, AfterSurgery reserves the right to contact that customer and to make further arrangements about the delivery of the order or to (partially) refuse the order.

Consequences of not paying on time

If the customer does not pay within the agreed term, AfterSurgery is entitled to charge interest from the day the customer is in default, whereby part of a month is counted as a whole month.
The customer who is in default also owes AfterSurgery extrajudicial collection costs and any damages.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, AfterSurgery may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, AfterSurgery's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by AfterSurgery, that customer is still obliged to pay the agreed price to AfterSurgery.

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

Settlement
Unless the customer is a consumer, the customer waives his right to offset any debt owed to AfterSurgery against any claim against AfterSurgery.

guarantee

AfterSurgery guarantees that the products at least comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability and the legal provisions and government regulations in force on the date of conclusion of the agreement.
The customer must examine a product delivered by AfterSurgery as soon as possible for any shortcomings.
If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must inform AfterSurgery of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must also inform AfterSurgery of the shortcomings within 1 month of receipt.
The customer provides as detailed a description as possible of the shortcoming, so that AfterSurgery is able to respond adequately.
If the product does not meet the warranty provisions, and the customer has reported this in a timely manner, AfterSurgery will replace or repair the product free of charge. A refund will be given for a product that cannot be replaced or repaired.

Disclaimer
The customer indemnifies AfterSurgery against all claims from third parties related to the products supplied by AfterSurgery.

Complaints

AfterSurgery requests that the customer who has a complaint about the performance of the agreement report this to AfterSurgery within a reasonable time.
The customer must demonstrate that the complaint relates to an agreement between the parties.
You can file a complaint by contacting AfterSurgery via the contact form on the website or by e-mail. Please state the order number.
The complaint submitted to AfterSurgery will be answered within 2 working days from the day of receipt. If a complaint requires a foreseeably longer processing time, an indication will be given as to when the customer can expect a more detailed answer.
The customer must give AfterSurgery at least 4 weeks to resolve the complaint by mutual agreement.
If this is still not satisfactory, the customer can report the matter to the Webwinkelkeur Foundation.
It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Notice of default

The customer must notify AfterSurgery of any notice of default in writing.
It is the customer's responsibility that a notice of default actually reaches AfterSurgery (in a timely manner).

Joint and several liability of the customer
If AfterSurgery enters into an agreement with multiple customers, each of them is jointly and severally liable for the payment of the full amounts they owe to AfterSurgery under that agreement.

AfterSurgery Liability

AfterSurgery is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If AfterSurgery is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
AfterSurgery is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If AfterSurgery is liable, this liability is limited to the amount paid out by a closed liability insurance policy 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. .
All images, photos, colors, 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.

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

Right to dissolution

The customer has the right to terminate the agreement if AfterSurgery attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by AfterSurgery is not permanently or temporarily impossible, dissolution can only take place after AfterSurgery is in default.
AfterSurgery has the right to terminate the agreement with the customer or, if the customer does not fully or timely fulfill his obligations under the agreement, or if AfterSurgery has become aware of circumstances that give it good grounds to fear that the customer will not fulfill his obligations will not be able to fulfill properly.
In the aforementioned case, AfterSurgery's claims against the customer are immediately due and payable in full.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by AfterSurgery to fulfill any obligation towards the customer cannot be attributed to AfterSurgery in a situation independent of the will of AfterSurgery, which prevents the fulfillment of its obligations. obligations towards the customer is prevented in whole or in part or as a result of which AfterSurgery cannot reasonably be expected to fulfill its obligations.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, pandemics and epidemics, bad weather conditions and work stoppages.
If a force majeure situation occurs that prevents AfterSurgery from fulfilling one or more obligations to the customer, those obligations will be suspended until AfterSurgery can meet them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
AfterSurgery is not liable for any damages or compensation in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.

Intellectual Property
All intellectual property rights, such as methods, texts and concepts, belong to AfterSurgery, including suppliers or other rights holders.

Privacy

Personal data of the customer will only be used by AfterSurgery in compliance with privacy legislation.
AfterSurgery's privacy policy is published on the website.

Customer comments

AfterSurgery appreciates it when satisfied customers post reviews, comments and/or questions about certain products on the website. AfterSurgery reserves the right to remove the content of the website and therefore also the customer responses.
When posting a customer response, the customer agrees to have no further claim or copyright on the posted text and the customer acknowledges that AfterSurgery has the right to place and/or remove the information (in any modified form) on the website .

Changes to general terms and conditions

AfterSurgery is entitled to change or supplement the general terms and conditions.
Changes of minor importance can be made at any time.
AfterSurgery will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the (purchase) agreement in the event of a material and adverse change to the general terms and conditions.

Transfer of rights

Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of AfterSurgery.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these conditions prove to be void or voidable, this will not affect the other provisions of these conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what AfterSurgery had in mind when drawing up these conditions.

Applicable law and competent court

Dutch law applies to every agreement between the parties.
The Dutch court in the district where AfterSurgery is established or has its office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Drawn up on and valid from 01.08.2022.