Terms and conditions
In these General Terms and Conditions, the following definitions apply:
NB Care: NB CARE
Buyer: any natural person or legal entity who is or will be in a contractual relationship of whatever nature with NB CARE.
Consumer Buyer: any natural or legal person who acquires or uses marketed products or services solely for non-professional purposes.
Products: the subject of one or more agreements.
These General Terms and Conditions apply to all offers from NB Care, as well as to all agreements entered into with NB Care.
In addition to these General Terms and Conditions, if expressly indicated, additional terms and conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated.
It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force and effect.
General Terms and Conditions applied by the Buyer do not apply, unless expressly agreed in writing by NB Care.
NB Care reserves the right to change and/or supplement the Terms and Conditions at any time for future orders.
By using the NB Care webshop and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
NB Care is authorized to call on third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while stocks last.
An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer .
Buyer and NB Care expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of NB Care apply here as a presumption of evidence, to the extent permitted by law.
Information, images, verbal announcements, statements, etc. with regard to all offers and the most important characteristics of the products that are provided by telephone or e-mail are (re)displayed or done as accurately as possible.
All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price that NB Care has communicated to it in its confirmation in accordance with article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by NB Care after the agreement has been concluded.
Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and any costs. This will be clearly communicated to the Buyer.
Orders via the Webshop can be paid in the following ways:
• BanContact / Mister Cash
• Belfius payment button
• KBC payment button
• Credit card
NB Care can further expand the payment options in the future, during the checkout of your order via our webshop you can find our currently available payment options.
In order to guarantee a secure online payment and the security of your personal data, the transaction data is sent encrypted with SSL technology over the internet. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the “lock” in the bottom status bar of your browser.
In the event that a payment term has been agreed by NB Care, the Buyer is in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed upon at that time.
In the event of non-payment or late payment by the Buyer, the Buyer will owe interest on the outstanding amount at the statutory interest rate, to be calculated from the date on which payment should have been made until the day of full payment.
All (extra)judicial costs of whatever nature that NB Care has had to incur as a result of the Buyer’s failure to fulfill its (payment) obligations will also be borne by the Buyer.
In the event of late payment, NB Care is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs owed.
5. Delivery and delivery time
NB-Care delivers within 3 workdays to Belgium (BE), Germany (DE), France (FR), Luxemburg (LU) en Netherlands (NL). In principle, NB Care aims to dispatch orders placed before 1 p.m. on a working day that same day. Unless otherwise specified, the latest delivery time is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, where the latest delivery time is 30 days after receipt of payment. Except for a Consumer Buyer, the stated delivery time is only an indication, therefore no rights can be derived from this.
If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. NB Care aims to notify the Buyer of delays within one working day by telephone or e-mail.
Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.
Different conditions may apply for deliveries abroad.
If the delivery is made in parts (for example, when only a number but not all ordered products are in stock), NB Care has the right to regard each delivery as a separate transaction.
The Buyer is obliged to take delivery of the purchased goods within the agreed term. Failing this, NB Care is entitled to demand payment of the purchase price of the part that has not been purchased, or to consider the agreement dissolved without judicial intervention (subject to repayment to the Buyer of any advances already paid for the product in question).
6. Defects and Complaint Period
The Buyer is obliged to inspect (or have inspected) the products accurately immediately upon receipt. Complaints from the Buyer relating to defects in the product or the delivery, which are externally observable, must be submitted by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not delivered to the Buyer ( could) be delivered), be notified to NB Care in writing.
The Buyer, who is not a Consumer Buyer, is not entitled to return the products for which there are no motivated complaints. If this is done without valid reasons, then all costs associated with the return will be borne by the Buyer. In that case, NB Care is free to store the products at the expense and risk of the Buyer among third parties and to return them to the Buyer at the Buyer’s request and expense.
7. Right of renunciation and exchange
When you purchase a product on www.nb-care.com you, as a consumer, can waive your purchase for 14 days from the day of delivery. You have this time frame to notify us of your decision to return the product.
Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price.
In case the goods are manufactured according to the customer’s specifications, they have a personal character and cannot be taken back. As a result, canceling an order is not possible.
NB Care is never liable for any damage – including theft or loss – that occurs to the packaging or the product when it is returned.
If the product is not received in accordance with the conditions of the right of withdrawal, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.
8. Retention of title
Ownership of a product, notwithstanding the actual delivery, will only pass to the Buyer after the latter has paid in full the payment due for this product, including reimbursement of interest and costs.
The Buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the ownership thereof has passed.
9. Warranty and Liability
In principle, the warranty applies to products supplied by NB Care, as determined by the manufacturer of the article in question. If the delivered item does not comply with the agreement, the Buyer must notify NB Care within a period of two months after discovery. Consumer Buyers are entitled to the rights as set out in Articles 1649bis to 1649bis. 1649octies of the Civil Code are included.
If, for whatever reason, NB Care is obliged to compensate any damage to a Buyer who is not a Consumer Buyer, then that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
- if the wear can be considered normal
- if changes have been made in or to the product, including repairs that have not been carried out with the permission of NB Care or the manufacturer;
- if the original invoice cannot be submitted, has been changed or has been made illegible;
- if defects are the result of non-intended use or improper use;
- if damage is caused by intent, gross negligence or negligent maintenance.
The Purchaser who is not a Consumer Purchaser is obliged to indemnify NB Care against any claim that third parties could assert against NB Care with regard to the execution of the agreement (e.g. consequential damage), insofar as the law does not preclude that the relevant damage and costs must be borne by the Buyer.
It is possible that NB Care includes links on its Website to other websites that may be interesting or informative for the visitor. Such links are for informational purposes only. NB Care is not responsible for the content of the website referred to or the use thereof.
If research costs are incurred to discover a defect in the product or part of the product, which is excluded from the warranty, and these costs appear to be excluded from the warranty on the basis of Article 9.3, these costs are always for the account of the Buyer. NB Care strives to report this in advance. Failure to provide this notification does not release the Buyer from the obligation to pay these costs.
If costs are associated with the repair of a defect and this repair appears to be excluded from the warranty on the basis of Article 9.3, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, it can receive its property back against payment of the research costs. If the Buyer has not yet paid these research costs six (6) months after the cost estimate has been submitted, NB Care loses ownership of the product.
A reduced warranty may apply to used, second hand or demonstration models.
10. Force Majeure
In case of force majeure, NB Care is not obliged to fulfill their obligations towards the other party. NB Care is entitled to suspend its obligations for the duration of the force majeure.
Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part. These circumstances include strikes, fire, business failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the Website being unavailable at any time, non-delivery or late delivery from suppliers or other third parties engaged and the lack of any license to be obtained from the government.
11. Intellectual Property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or the Website are vested in NB Care, its suppliers or other entitled parties.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts that may or may not be patentable.
The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of NB Care, its suppliers or other entitled parties, unless it concerns purely private use. of the product itself.
12. Personal data
NB Care will only process the Buyer’s data in accordance with its Privacy Statement.
NB Care observes the applicable laws and regulations.
13. Applicable law and competent court
All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflict of law in space. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes related to or arising from offers from NB Care, or agreements concluded with it, will be submitted to the competent court in Ghent, unless a mandatory legal provision expressly designates another court as competent.
14. Dispute Resolution and Resolution
Contrary to Article 13, Consumer Buyers can choose to make use of the right to submit any dispute regarding offers from NB Care or the conclusion or implementation of an agreement with NB Care to the mediation service of the BDMV, provided that the concerns an offer or agreement made or concluded via the Website or telephone connection. Such a complaint can be communicated to the BDMV by post (BDMV, Attn. Supervisory Committee, Buro & Design Center, Heysel Esplanade B46, 1020 Brussels), by e-mail (email@example.com) or via the form available is on the website www.becommerce.be.
If the Consumer Buyer wishes to submit a dispute to the mediation service of the BDMV, NB Care is bound by this choice. If NB Care so wishes, the Consumer Buyer will have to state in writing within five (5) weeks after a written request to that effect by NB Care whether he or she also wishes to do so, or whether he or she wants the dispute to be handled by the appropriate competent court. If NB Care does not learn of the consumer’s choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.
The mediation service makes a decision under the conditions as laid down in the mediation service regulations. Its decisions are made by way of binding advice.
15. Miscellaneous Provisions
The registered office of NB Care is located at 9080 Zaffelare, Dam 12 with KBO number 0749936989. Please send all correspondence regarding an agreement or these terms and conditions to NB CARE at the aforementioned address or to the e-mail address firstname.lastname@example.org .
NB Care strives to answer the e-mails it receives within 24 hours. If complaints are reported to NB Care, the Consumer Buyer will in any case be informed within five (5) working days of the period in which he will receive a proposal from NB Care to resolve the dispute.
If any provision of these Terms and Conditions should be unlawful, void or for any other reason unenforceable then such term shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and NB Care with respect to the subject matter contained therein.