Sensitest Standard Terms of Delivery

Standard Terms of Delivery of Sensitest having its registered office in Delfgauw, listed at the Chamber of Commerce and Industry of the Haaglanden region in The Netherlands under number 27279085.

Clause 1. General

Sensitest deals with and accepts orders with regard to the supply of medical home tests. Sensitest supplies the said goods to businesses as well as to private persons.

Clause 2. Definitions

In these Standard Terms of Delivery (further to be called: the Standard Terms) the following expressions have the meaning given adjacent to them:
Buyer: any natural person or legal entity who contacts Sensitest about the formation of an Agreement;
Agreement: any agreement formed between Sensitest and the Buyer, any change or addition to it, as well as all (legal) acts for the preparation and execution of that Agreement;
Products: medical home tests and associated items;
Documentation: the documentation and manuals provided by or on behalf of Sensitest which belong to the Medical Home Tests for use by the Buyer;
Order: any instruction given by the Buyer to Sensitest;
Message: any possible notice from Sensitest to the Buyer, including - but not limited to -, brochures, adverts, catalogues, quotations, order confirmations, price lists, invoices, e-mails, fax on request, fax messages and letters.

Clause 3. Applicability of these Standard Terms

These Standard Terms form part of all Agreements and are applicable to all (legal) acts of Sensitest and the Buyer in connection with it. The applicability of any general specific conditions or stipulations of the Buyer is explicitly rejected by Sensitest. These Standard Terms are applicable to any Agreement formed by Sensitest with a Buyer.

Clause 4. Acceptance of these Standard terms

By placing an order the Buyer accepts the applicability of these Standard terms with the exclusion of the general terms and conditions of the Buyer or third parties.

Clause 5. Amendments to the Standard terms

On any amendment to these Standard Terms, Sensitest will inform its Buyers of it by stating the date of amendment at the bottom of the Standard Terms. Amended Standard Terms are applicable to Agreements signed after the date of the amendment.

Clause 6. Changes in rates

Sensitest is free at any time to change the rates applied by them. Rates applied previously do not provide any rights for future agreements or deliveries.

Clause 7. Turnover tax

All rates are including turnover tax (vat).

Clause 8. Payment period

After having placed an order via web shop, e-mail, fax or order card, the Buyer has to pay to Sensitest the amount due including the forwarding costs via giro or bank transfer within 14 days after an order has been placed.

Clause 9. Delivery of the goods

The delivery of the goods to the Buyer will take place after the amount due including the forwarding costs has been credited to Sensitest’s bank account. Sensitest determines the manner in which the goods will be despatched. The goods will not be delivered to the Buyer if the amount due has not been credited to Sensitest’s bank account within 30 days after the order was placed. The order will be regarded as cancelled.

Clause 9a. Force Majeure

If because of force majeure (including strike, technical disruptions, and/or government intervention) or otherwise Sensitest is unable to deliver the ordered products to the Buyer within a period of at least 30 days, the Buyer will be entitled to dissolve the Agreement. Any amounts paid will then be refunded. Beyond this, Sensitest will not be obliged to pay any compensation.

Clause 10. Delivery dates

A delivery date specified by Sensitest is based on the circumstances at Sensitest applicable at the time of the offer and, insofar as this is dependent on performances of Sensitest’s suppliers, on the data supplied to Sensitest by those suppliers. Delivery dates specified can never be regarded as deadlines, unless explicitly agreed otherwise. In case of overdue deliveries Sensitest should be declared to be in default in a registered letter allowing them a reasonable further period to perform. If the Buyer refuses to take receipt of the goods or if he has indicated that he no longer wants the agreed delivery, he will nevertheless remain obliged to pay the agreed price and to compensate Sensitest for the costs, damage and interest resulting from this for Sensitest. Should the delivery date be exceeded, the Buyer will not be entitled to any compensation in this respect.

Clause 10a. Part deliveries

Sensitest is at all times entitled to deliver the orders in parts.

Clause 11. Return warranty

The Buyer is entitled – exclusively in his capacity as consumer - to return the delivered Products to Sensitest without stating any reasons within 14 days after having received them. In that case Sensitest will refund the Buyer with the (purchase) price received less the costs of the return reimbursement mentioned below and thus determined, under the following conditions:
The products have not been bought for professional/business use;
The respective products should be described in the respective Message as items covered by the return warranty;
Not a single change should be applied on or to the goods delivered and the goods delivered should be in an undamaged condition, all the accompanying documentation and packaging materials have to be added to the return shipment;
The product should not have been used and be wrapped up in undamaged packaging;
The return shipment should be again in the possession of Sensitest not later than by the 18th day after the Buyer received the delivery;
The costs of the postage of the return shipment are for the Buyer;

Clause 12. Liability

Sensitest will never be liable for damage or consequential damage if the products delivered do not, or not fully, function or do not function properly at all or are qualitatively insufficient. Sensitest will never be liable for damage or consequential damage due to the incorrect interpretation of a home test by the Buyer.

Clause 13. Certainty

Although the Sensitest medical home tests are very accurate, Sensitest cannot give a 100% warranty with regard to the accuracy of the outcome of the test. In the event of pregnancy or doubt about supposed pregnancy, Sensitest explicitly advises that you consult your general practitioner. Only a general practitioner can determine a pregnancy with 100% security and give advice on how to act further in the event of a pregnancy.
Neither can Sensitest give a 100% warranty about the accuracy of the outcome of a Sensitest home test for a viral or bacteriological inflammation. In the event of a viral or bacteriological inflammation or if in doubt about a supposed inflammation, Sensitest explicitly advises that you consult your general practitioner. Only a general practitioner can determine a viral or bacteriological inflammation with 100% security and give advice about how to act further in the event of an inflammation.

Clause 14. Disputes

Disputes resulting directly or indirectly from Agreements entered into between Sensitest and the Buyer are covered by the exclusive jurisdiction of the competent court in The Hague, The Netherlands.

Clause 15. Most recent amendment

These Standard Terms were amended most recently on 16 October 2016.