The General Conditions are applicable to all offers of and any agreements and other commitments with Dental Action BV, hereafter, DA, and the purchaser of its products. Departures from the General Conditions only apply solely in the case and to the extent to which this has been agreed, officially and in writing, between DA and the purchaser.
The agreed prices is the price stated in Euro's, the amount is indicated next to the articles in our shops, in addition you will get to see the price payable in Euro's when you select an article that you want to order. The prices mentioned on the website are excluding VAT; No rights can be reserved for the images, prices and mentioned specifications.
Before you place your final order at DA you will first receive the total amount payable including VAT. After you placed your order the purchase agreement becomes definitive. DA preserves the right to refuse orders or to solely accept those under conditions set by DA, without reason given to the purchaser. Purchasers will receive a confirmation of the order by DA by means of an automatic E-mail.
Unless agreed otherwise in writing, DA determines the method of sending and DA bears the risk for the transport of the goods. The indicated delivery period can never be regarded as fatal delivery period and will be complied with whenever possible, yet they are not binding. The exceeding of the delivery period never gives the purchaser the right to any form of compensation or the right to annul the contract or to take any other action against DA. DA will have fulfilled its duty to deliver when it offered its goods twice to the purchaser. The purchaser or a third person who is appointed by the purchaser bears the risk of the goods from the moment in which the goods are accepted for delivery on the indicated address. The by the purchaser, or assigned third person, signed receipt is evidence for the complete delivery of the goods. The purchaser or the assigned third person is obliged to accept the goods when delivered. In the absence of this acceptance the goods will be returned and stored while the risk is beared by the purchaser.
The products that you order from us, on the condition that they are in stock, ought to be delivered within two working days or maximam one week. Nevertheles, you ought to take account of the fact that, if a product is not in stock, the delivery period can increase to weeks or even months. You have the possibility to cancel the order when the delivery period exceeds one week.
Unless differently agreed all invoices ought to be paid within 8 days after date of invoice.
The goods that are delivered to the purchaser will remain in the ownership of DA as long as the purchaser did not fully and completely reciprocated for the agreement concluded with DA as well as the claims of DA towards the purchaser because of a failure of the purchaser to comply with his or her obligations towards DA. The purchaser is, as long as her or she did not completely comply with the payment obligations towards DA, not authorized to; claim a right of restraint on; to transfer; to rent out; or in any other way to put at one's disposal or possession goods delivered by DA.
DA vouches for the quality of the, to DA's best knowledge and possibilities, offered goods and/or services, while taking in regard that the guarantuee does not exceed the guarantuees provided in the contract with the original supplier. DA does not accept liability for hidden faults. The period of guarantuee commences when accepting the goods by the purchaser or a third party that is assigned to do so.
Article 9: Complaints / Payback Guarantuee.
Complaints concerning visual and non visual faults ought to be communicated immediately yet within two weeks after the factual transfer of the goods. Complainst ought to be made known in written and with a extensive description of the complaint to DA. When exceeding the described term any claims against DA concerning the faults become void. After this period DA is regarded as to have complied with all its obligations and it is regarded that the purchaser has acknowledged this as such. Complaints never allow the purchaser to delay his or her payment. The purchaser is entitles to annul the purchase within TWO WEEKS and to ask for a refund.
DA accepts returned goods only and to the extent that these goods are returned under conditions set by DA and to the address set by DA, in the original packing and in the condition in which the goods where delivered by DA to the purchaser. Shipping costs will be paid for by the purchaser unles otherwise agreed in writing.
DA nor third parties that are involved in establishing or in executing of any agreement, are liable for any damage, direct or indirect, arising out of and related to the agreement, which the purchaser might suffer, irrespective of the cause. The purchaser indemnifies DA and its subordinates of liability concerning damage which is caused by the use of goods/services delivered by DA. DA is not liable for costs and damage arising out of action or inaction of the purchaser. All further liability, for direct or indirect damage, costs and interests, whatever the cause, is limited.
When, after the establishment of an agreement, the obligations arising out of this agreement can not be complied with by DA, due to circumstances that were not reasonable to expect or known to DA at the time of the establishment of the contract, this will be termed a non-accountable shortcoming of the side of DA towards the purchaser (force majeure). DA has in the case of force majeure the right to postpone its obligations. DA is likewise authorized to partly or completely dissolve the agreement, or to demand that the content of the agreement is changed in such a way that execution of the contract remains possible. In no circumstance will DA be held to pay penalties or compensation.
In case the purchaser does not, not in time, or not adequately complies with the obligations towards DA, the purchaser is legally in ommission and is any claim, that is acquired or charged by DA, directly and in at once due without the need of any proof of default. DA then has the right to postpone the further execution of the agreement or to annul this partly or completely. DA is at any time authorized to demand damages from the purchaser, as well as to take back the delivered goods.
The data that you fill in on the order form will be send to us via e-mail. Your data will be treated confidentially and will be stored safely (on a system that is not linked to the internet).
All disputes to which these conditions apply will, omitting the authority of parties to invite decisions of the President of the Discrict Court in summary proceedings, be decided by judgment of the normal judge in the place of registration or the district of DA or; when the parties agree, by arbitration according to the regulation of the Dutch Arbitration Instituut in Rotterdam.
For all affairs to which these conditions apply prevails Belgian law exclusively. The Belgian law applies also to those who make an order from a location outside of the Belgian borders. All disputes arising out of or in relation to an offer, agreement or contract to which these general conditions apply or concerning the conditions themselves and her explanation or the execution thereof, will be, to the extent to which legal conditions this allow, decided by the competent judge in the district of DA.
By filling in the order form and/or the sending of an order by mail the purchaser accepts these General Conditions and the purchaser accepts that these conditions will be part of the purchase agreement between purchaser and DA.
DA has at all times the right to change both the General Conditions and the contents of the internetsite.
These conditions aim to reasonably regulate the legal relation between DA and the purchaser. To the extent that there are circumstances in which these conditions, or any provision of it, lead to unreasonable results, then these provisions will lack its application to that extent.