A warranty against defects due to faults in materials or manufacturing is valid for two years from the date of purchase. Within this warranty period you can exchange HandyLegs Products free of charge. The sleeve and anti-slip mat have a warranty period of six months under the same conditions. It is important that you use HandyLegs Products and the mat and sleeve supplied as indicated in the manual. If HandyLegs Products and the mat and sleeve supplied are damaged, for example due to force, heat sources (e.g. stoves) and/or fats (e.g. hand cream, body lotion) then they are no longer covered by the warranty.

Lifespan

Our medical devices have a five-year lifespan, after which we recommend you buy a new device.

Article 1. Applicability

1. These general terms and conditions of delivery apply to all our offers and to all agreements that we enter into, by whatever name. In particular, these terms and conditions apply to agreements that we enter into for the delivery of goods to our buyers.
2. Where these general terms and conditions of delivery refer to “buyer”, this should be understood to mean any natural or legal person who has a contractual relationship with us under a purchase agreement entered into with us, or who wishes to enter into another type of agreement. In particular, “buyer” is understood to mean the person for whose order and on whose behalf goods are delivered.
3. Deviation from the provisions of these general terms and conditions of delivery is only possible if and insofar as this has been explicitly agreed in writing.
4. If the buyer also refers to (their own) general terms and conditions of delivery, the buyer’s terms and conditions are not applicable. This is only possible if and insofar as the applicability of the buyer’s terms and conditions are not in conflict with our general terms and conditions of delivery. Otherwise only our terms and conditions will apply. Any stipulation to the contrary in the buyer’s terms and conditions does not affect the above.
5. Where these general terms and conditions of delivery refer to “delivery (of goods)”, this is understood to include the performance of services and work activities of any nature whatsoever.

Article 2. Quotations

1. All our quotations are to be regarded as invitations to the potential buyer to make an offer. They therefore do not bind us in any way unless the quotation itself explicitly and unambiguously states the contrary (in writing). The order given to us is an offer, which is only deemed to have been accepted by us after written confirmation on our part (the so-called order confirmation).
2. The quotations made by us include – in particular with regard to the provisi ons of the previous paragraph -: designs, drawings, models, samples, descriptions, illustrations and the like, as well as any appendices and documents relating to our quotations. All of these, as well as devices made by us in this regard, remain our property, must be returned to us at our request and may not be copied and/or provided to third parties without our explicit written consent. We also reserve all intellectual and industrial property rights.

Article 3. Conclusion of agreement

1. An agreement with us is only concluded after we have accepted an order given to us in writing. An agreement is deemed to have been concluded at the time we send the order confirmation.
2. The buyer is bound to their order, in whatever form it has been given to us, for a period of 8 days after the date of the order or (if it concerns a verbally given order) after giving the order. A declaration by the buyer that they wish to cancel or change their order, issued during this 8-day period, cannot therefore prevent an agreement based on the (original) order from being concluded, if we still accept/confirm the order within this 8-day period.
3. The order confirmation sent by us to the buyer is deemed to fully and correctly reflect the content of the agreement concluded. The buyer will be deemed to agree with the content of our order confirmation unless they inform us in writing within 8 days of the date of our order confirmation that they do not agree with the content.
4. Any additional agreements and/or promises made and/or done by our employees, or made and/or done on our behalf by other persons acting as representatives, will only bind us if these agreements and/or promises have been confirmed in writing by our director(s) authorised to represent us.

Article 4. Prices

1. Our prices are inclusive of VAT and, unless explicitly agreed otherwise in writing, are exclusive of costs for transport, shipping, installation and consumables.
2. The prices stated in quotations, contracts and order confirmations are based on the cost factors applicable at the time of the conclusion of the agreement, such as exchange rates, manufacturer prices, prices of raw and other materials, wage and transport costs, insurance premiums, taxes, import duties and other government levies.
3. We reserve the right to charge the buyer for any increases in one or more of the cost factors that are incurred after the date on which the contract was concluded, but before the day of delivery. Furthermore, in such a case, we have the right to declare the agreement fully or partially dissolved without judicial intervention being required. The buyer also has the latter right, but only if, within 3 months of the conclusion of the contract, we take the view that changes in costs will result in an increase in the price stated in the order confirmation. If the buyer makes use of this right, they must invoke dissolution by registered letter within 5 days of receipt of the relevant notification from us./li>

Article 5. Delivery and delivery terms

1. The delivery times specified by us commence on the day on which the agreement is concluded, provided we have all the information we need for the execution of the order. The delivery times that we specify will never be regarded as firm dates unless explicitly agreed otherwise in the individual agreement. In the event of late delivery, we must therefore be given notice of default in writing. If – contrary to the above – a penalty for exceeding the delivery time has been explicitly agreed in the individual agreement, this penalty will not be due if the exceeding of the delivery time is the result of force majeure as stated in article 10 of these general terms and conditions of delivery.
2. Unless the order confirmation shows otherwise, goods will be delivered free domicile when the invoice amount exceeds EUR 1,000: (one thousand euros). Furthermore, the goods travel at the expense and risk of the buyers. For foreign buyers, unless agreed otherwise, we deliver ex warehouse.Furthermore, the goods travel at the expense and risk of the buyers.Customs clearance and release will be handled by us, but at the expense of the buyer.
3. Unless buyers arrange for the forwarding agent themselves, we will ship the goods in the manner we deem favourable, with forwarding agents chosen by us, at the expense and risk of the buyer.
4. If a buyer requests that the delivery of goods be carried out in a manner other than the usual manner, we may charge the buyer for the costs involved.
5. If the delivery is made in parts, we will have the right to regard each delivery as a separate transaction.
6. The buyer is obliged to take delivery of the purchased goods within the agreed period of time.

In the event of a failure to do so, we will be entitled – at our discretion – on the basis of the provisions of article 6:60 of the Dutch Civil Code, to demand that the competent court release us from our obligation to deliver the agreed goods or to demand payment of the purchase price of the part not taken delivery of without prior notice of default.
If the buyer does not fulfil their payment obligation, we have the right to declare the agreement dissolved without judicial intervention. If the buyer fails to pay the purchase price in accordance with the above, the goods will be deemed to have been delivered and we will store the goods at the expense and risk of the buyer, against payment of all resulting costs.

Article 6. Complaint by the buyer

1. The buyer guarantees the accuracy and completeness of and is responsible forthe data they have provided to us. The buyer must take into account the customary tolerances and small changes in the goods delivered by us with regard to the data, dimensions, colour fastness and the like provided by us in our quotation, or what can be considered part thereof under article 2 paragraph 2. More specifically, this applies to deviations in the contracted quantity; here, too, the buyer must take customary tolerances into account. The goods delivered by us may therefore deviate from the description in the order if and insofar as it concerns small differences in size, quantity differences and minor changes.
2. Complaints from the buyer that relate to defects in goods that are externally observable must be brought to our attention by the buyer within 8 days of the delivery (or within 8 days of the invoice date, if the goods are not (or could not be) delivered to the buyer). This must be done by registered letter containing a clear and precise description of the complaint and stating the invoice number used to invoice the goods in question. The buyer must perform a careful and timely inspection.
3. Defects that were not externally observable at the time of delivery or that could not be detected by a careful and timely inspection must be brought to our attention by the buyer within 8 days of the discovery of these defects and in the manner stated in paragraph 2.
4. Any right of the buyer to make claims against us relating to defects in the goods we delivered will lapse if:
   a. the defects have not been brought to our attention within the periods specified for this purpose in paragraphs 2 and 3 and/or have not been brought to our attention in the manner specified there;
   b. the buyer does not/does not adequately cooperate with us in an investigation into the merits of the complaints;
   c. the buyer has not correctly set up, handled, used, stored or maintained the goods or has used or handled the goods under circumstances or for purposes other than those intended by us;
   d. The application of the use of the goods in respect of which the complaints have been made by the buyer has been continued;
   e. the warranty period stated in the agreement has expired or, in the absence of such a period, the complaints are only voiced after a period of more than 12 months has elapsed since the delivery time.
5. In disputes regarding the quality of the goods delivered by us, a reputable agency indicated by us will make a binding decision.

Article 7. Liability

1. Only if the warranty obligations in respect of the goods delivered by us have not been assumed by third parties (such as manufacturers) can the buyer assert (warranty) claims against us.In that event, our liability is limited to defects resulting from manufacturing and material faults.
2. In the event of a complaint, if the merits of the complaint, the quality concerned as determined by us, and also any liability on our part as set out in paragraph 1, at our discretion, we are only obliged to:
   a. repair defects (free of charge);
   b. supply replacement goods or parts, after return of the defective goods or parts;
   c. repay the received purchase sum/credit the invoice sent to the buyer with dissolution without judicial intervention of the concluded agreement, all insofar as the purchase sum, the invoice and the agreement relate to the delivered defective goods;
   d. pay compensation, in consultation with the buyer, in a form other than that referred to above.
3. If the buyer without prior, explicit and written permission has had the goods repaired and/or modified, any warranty obligation on our part will lapse.
4. Subject to any obligations on our part by virtue of the above, we will never be obliged to pay any compensation to the buyer or others, unless there is intent or fault on our part (to be demonstrated by those who hold us legally liable). In particular, we will never be liable for any consequential or trading loss, direct or indirect loss, including loss of profit and standstill loss – suffered by the principal, their staff and or third parties employed by them or through them, as a result of the full or partial (re)delivery of goods, delayed or faulty delivery, failure to deliver goods or through the goods themselves.
5. The buyer will not be entitled to return goods for which there is no substantiated complaint. If this happens without valid reasons, then all the costs associated with the return will be borne by the buyer. In that case we are free to store the goods with third parties at the expense and risk of the buyer.
6. The buyer is obliged to indemnify us against all claims that third parties may make against us with regard to the execution of the contract, insofar as the law does not prevent the buyer from being liable for damages and costs arising from these claims.

Article 8. Retention of title and security

1. Goods delivered by us will remain our property until the moment of full payment of all that the buyer owes us on account of, in connection with or arising from the goods delivered by us. If we deem it necessary, we have the right to demand security from the buyer with regard to the fulfilment of their obligations.
2. The buyer is not entitled to pledge the unpaid goods or to establish any non-possessory pledge in rem or in person for the benefit of a third party.
3. Without prejudice to the foregoing provisions of this article, the buyer will be permitted to sell the goods to third parties, but only within the context of their normal business operations. In that case, the buyer is obliged to transfer the monies obtained to us without delay or, if not sold against cash payment, to transfer the claims obtained to us without delay.
4. If as a result of working or processing by the buyer, our right of ownership to the goods delivered by us has been lost, the buyer will be obliged to immediately establish a non-possessory pledge on our behalf on the goods originating after the working or processing.
5. We will at all times be entitled to take possession of the goods which are in the possession of the buyer (or third parties), but which belong to us, as soon as we can reasonably assume there is a realistic chance the buyer will not meet their obligations. The above does not affect our rights under common law: in particular, we also reserve the right to claim damages from the buyer after we have taken possession of the goods.
6. The buyer will be obliged to insure against the risk of fire and theft with regard to the unpaid goods and to demonstrate this insurance at our request.

Article 9. Payment

1. Payment must be made in euros, unless agreed otherwise, without any deduction or discount in cash at the place where we are established or by transfer to a bank or giro account designated by us, in both cases immediately after delivery of the goods in question, or within 30 days of the invoice date at the latest, all this unless explicitly agreed otherwise in writing. For payments by bank or giro, the day of the crediting of our bank or giro account is considered to be the day of payment.
2. If the buyer fails to make (full) payment on time, they will be in default without further notice of default being required. In that event, we will have the right, insofar as there is a sufficient connection with the buyer’s failure to fulfil their obligations, to suspend the fulfilment of all our obligations towards the buyer, without prejudice to all our rights under common law.
3. We also have the right to demand cash payment for all deliveries still to be made before delivery of the goods or to demand a guarantee of timely payment. Furthermore, we will then have the right to dissolve the agreement without legal intervention, whereby the buyer will then be under the obligation to return the goods delivered, or under the obligation to otherwise undo the accomplishment performed by us, without prejudice to our right to compensation. If the buyer remains in default because of untimely payment, they forfeit to us or to the credit insurer of the seller, without any further notice on our part and from the due date until the day of full payment, interest equal to the statutory interest rate plus 4% per annum, calculated over the unpaid amount, which interest is immediately payable without further notice of default. All the costs involved in the collection of invoiced amounts (including extrajudicial collection costs) will be borne by the debtor. The extrajudicial collection costs amount to a minimum of 15% of the principal sum with a minimum of EUR 150, all exclusive of VAT. Furthermore, all adverse consequences of exchange losses or otherwise resulting from late payment or non-payment will be borne by the buyer, even if, in accordance with the provisions existing in their country, the buyer would have fulfilled their payment obligations on time, but circumstances or measures beyond their control caused the transfer to take place in a way that is detrimental to us.
4. In accordance with article 6:44 of the Dutch Civil Code, payments will first be used to reduce the costs referred to in paragraph 3, then the interest due and finally the principal sum and the accrued interest.
5. If the financial position of the buyer deteriorates significantly after the conclusion of the agreement, but before delivery of the goods, we will be entitled to waive further performance of the agreement in whole or in part, or to demand a change in the payment conditions.
6. The seller may assign their claims in respect of all transactions to a credit insurer of their choice.

Article 10. Force majeure

Force majeure will be understood to mean any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be required of us (non-attributable shortcomings in compliance). Force majeure is understood to include: war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport facilities, disruptions to our business, import and export restrictions or prohibitions, obstructions caused by measures, laws or decrees of international, national and regional (government) agencies. If, due to force majeure, we are unable to fulfil our delivery obligation, or not properly or on time, we will be entitled to regard the agreement or the part not yet executed as dissolved, or to suspend the agreement for a definite or indefinite period of time, at our discretion. In the event of force majeure, the buyer cannot claim damages from us.

Article 11. Applicable law

The quotations made by us and all agreements entered into by us will be governed exclusively by Dutch law.

Article 12. Dispute resolution

All disputes of whatever nature relating to/arising from agreements entered into by us and deliveries made by us will be adjudicated by the competent court in the Netherlands.

HandyLegs BV | Botterstraat 47, 1271 XL Huizen, The Netherlands| Chamber of Commerce (Gooi and Eemland) no. 60040947|