Terms of service

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the business;
Day: calendar day;
Long-term transaction: a distance agreement relating to a series of products and/or services, for which the delivery obligation is spread over a period of time;
Durable medium: any means that enables the consumer or business to store information in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form made available to the consumer by the business;
Business: Bao-Med International BV, which offers products to consumers remotely;
Distance agreement: an agreement in which only means of distance communication are used;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and business being physically present at the same time;
General Terms and Conditions: these general terms and conditions.

Article 2 - Identity of the Business

Bao-Med International BV

Ambachtstraat 1D, 2751 GP Moerkapelle, Netherlands

Tel: +31 (0)79 331 4029

Email: info@bao-med.com

Website: https://www.bao-med.com

Chamber of Commerce (KvK) Number: 50357093

VAT Number: NL822695297B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the business and to every distance agreement concluded and order placed between the business and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be inspected and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service terms also apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations that are not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The business is entitled to modify and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the business.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the products offered. The business cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and the actions required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and performance of the agreement; the period for accepting the offer, or the period during which the business guarantees the price; the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used; whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer; the way in which the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding the agreement; any other languages in which, in addition to Dutch, the agreement may be concluded; the codes of conduct to which the business has committed itself and the manner in which the consumer can consult these codes electronically; and the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the business will immediately confirm receipt of the acceptance electronically. As long as the business has not confirmed this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the business will take appropriate security measures.
Within the limits of the law, the business may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the business has good grounds not to enter into the agreement, it is entitled to refuse an order or application with reasons or to attach special conditions to its execution.
The business will provide the consumer, with the product or service, in writing or in such a way that the consumer can store the information in an accessible manner on a durable medium, with the following information:

the visiting address of the business premises where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer before performing 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the possibility to terminate the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and known to the business receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product to the business with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the business within 14 days after receiving the product. The notification must be made using the model withdrawal form or another means of communication, such as email. After the consumer has notified the business of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.
If the customer has not notified the business of their intention to exercise the right of withdrawal after the periods referred to in paragraphs 2 and 3 have expired, or has not returned the product to the business, the purchase is final.

For the provision of services:

For the provision of services, the consumer has the possibility to terminate the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the business with the offer and/or no later than upon delivery.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the consumer shall bear no more than the costs of returning the product.
If the consumer has paid an amount, the business shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the value of the product.
The consumer cannot be held liable for any reduction in the value of the product if the business has not provided all legally required information concerning the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The business may 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 the business has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been produced by the business according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can deteriorate or age quickly;
whose price is subject to fluctuations in the financial market over which the business has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.

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

concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
the provision of which has begun with the consumer’s express consent before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the business may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the business has no influence. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the business has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The prices stated in offers for products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, the business is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and Warranty

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the business also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the business, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the business under the agreement.
Any defects or incorrectly delivered products must be reported to the business in writing within 2 months after discovery of the defect.
The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the business and/or the instructions on the packaging;
the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The business will exercise the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the business will process accepted orders as quickly as reasonably possible, 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 no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from the stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves to be impossible, the business will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the business.
The risk of damage and/or loss of products remains with the business until the products are delivered to the consumer or to a representative designated in advance and known to the business, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Cancellation, and Renewal

Cancellation

The consumer may cancel an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the agreements referred to in the previous paragraphs:

at any time and may not be restricted to cancellation at a specific time or during a specific period;
at least in the same manner as they were entered into;
always with the same notice period as the business has stipulated for itself.

Renewal

An agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the business.
In the event of non-payment by the consumer, the business, subject to statutory limitations, has the right to charge reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints Procedure

The business has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the business fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the business. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The online store is currently not affiliated with a quality mark that has a dispute resolution committee.
A complaint does not suspend the business’s obligations, unless the business states otherwise in writing.
If a complaint is found to be justified by the business, the business will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the business and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.