Terms of service
GENERAL TERMS AND CONDITIONS FOR CONSUMERS
The T&C's can also be downloaded here
ProCardio B.V.
Sales via E-shop and Related Services
Article 1 – Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Terms and Conditions: the General Terms and Conditions of ProCardio for Consumers;
Supplementary Agreement: an agreement under which the Consumer acquires products, digital content and/or services in connection with a distance contract, and such products, digital content and/or services are supplied by ProCardio or by a third party based on an arrangement between that third party and ProCardio;
AED: Automated External Defibrillator;
Cooling-off Period: the period during which the Consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to trade, business, craft, or profession;
Day: calendar day;
Digital Content: data produced and supplied in digital form;
Continuous Contract: an agreement that provides for the regular supply of goods, services, and/or digital content over a certain period of time;
Durable Medium: any instrument – including email – that enables the Consumer or ProCardio to store information addressed personally to them in a way that allows future consultation or use for a period of time adequate to the purpose of the information and which allows unchanged reproduction of the stored information;
Right of Withdrawal: the Consumer’s right to withdraw from a distance contract within the Cooling-off Period;
Maintenance Packages: any separate service agreements that may be concluded in addition to the standard service offered by ProCardio, as referred to in Article 14 of these Terms and Conditions;
Distance Contract: a contract concluded between ProCardio and the Consumer within the framework of an organized system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or additional use is made of one or more means of distance communication;
Means of Distance Communication: any means that may be used for concluding a contract without the Consumer and ProCardio being simultaneously present in the same location.
Article 2 – Identity of ProCardio
ProCardio B.V.
Vlierberg 4-05B, 3755 BS Eemnes, The Netherlands
Chamber of Commerce (KvK) number: 88687082
VAT number: NL864730883B01
T: +31 35 333 3515
E: info@procardio.nl
Article 3 – Applicability
1. These Terms and Conditions apply to every offer made by ProCardio and to every distance contract concluded between ProCardio and the Consumer.
2. Prior to the conclusion of the distance contract, the text of these Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, ProCardio shall, before the distance contract is concluded, indicate how the Terms and Conditions may be inspected at ProCardio’s premises and that they will be sent to the Consumer free of charge upon request.
3. Where the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph, be provided to the Consumer electronically in such a manner that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, the Consumer shall be informed before conclusion of the contract where the Terms and Conditions can be accessed electronically, and that they will be sent electronically or otherwise free of charge upon request.
4. In the event that, in addition to these Terms and Conditions, specific product or service terms apply, paragraphs 2 and 3 shall apply accordingly, and the Consumer may always invoke the provision that is most favorable to them in the event of conflicting conditions.
Article 4 – The Offer
1. If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the Consumer to properly assess the offer. If ProCardio uses images, these shall represent the products and/or services truthfully. Obvious errors or mistakes in the offer shall not bind ProCardio.
3. Each offer shall contain information in such a way that it is clear to the Consumer what rights and obligations are attached to acceptance of the offer.
Article 5 – The Contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and meets the conditions stipulated therein.
2. If the Consumer has accepted the offer electronically, ProCardio shall promptly confirm receipt of the acceptance electronically. Until receipt of such acceptance has been confirmed by ProCardio, the Consumer may dissolve the contract.
3. Where the contract is concluded electronically, ProCardio shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe online environment. If the Consumer can make electronic payments, ProCardio shall observe appropriate security measures.
4. Within the limits of the law, ProCardio may obtain information regarding whether the Consumer can meet their payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on such investigation, ProCardio has good reasons not to enter into the contract, it is entitled to refuse an order or application with justification, or to attach special conditions to its execution.
5. At the latest upon delivery of the product or service to the Consumer, ProCardio shall provide the following information, in writing or in such a way that the Consumer can store it on a Durable Medium:
a. the physical address of ProCardio’s establishment where the Consumer may lodge complaints;
b. the conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement regarding its exclusion;
c. information on warranties and existing after-sales service;
d. the total price including all taxes, delivery costs (where applicable), and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration; and
f. where applicable, the model withdrawal form.
In the case of a Continuous Contract, the above provision applies only to the first delivery.
Article 6 – Right of Withdrawal
For Products:
1. The Consumer may dissolve a contract relating to the purchase of a product within a cooling-off period of 14 days without providing any reason. ProCardio may ask the Consumer for the reason for withdrawal but may not require the Consumer to state such reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or:
a. if the Consumer has ordered several products in one order: the day on which the Consumer or a designated third party receives the last product. ProCardio may, provided it has clearly informed the Consumer prior to the ordering process, refuse an order for multiple products with different delivery times;
b. if the delivery of a product consists of multiple shipments or parts: the day on which the Consumer, or a designated third party, receives the final shipment or part;
c. in the case of contracts for regular delivery of products over a specified period: the day on which the Consumer, or a designated third party, receives the first product.
For Services:
3. The Consumer may dissolve a service contract within 14 days without providing anyreason. ProCardio may ask the Consumer for the reason for withdrawal but may not require the Consumer to state such reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.
Article 7 – Obligations of the Consumer During the Cooling-off Period
1. During the cooling-off period, the Consumer shall handle the product and its packaging with care. The Consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the Consumer may handle and inspect the product only as they would be allowed to do in a physical store.
2. The Consumer is liable for any reduction in value of the product resulting from handling the product in a way that exceeds what is permitted under paragraph 1.
3. The Consumer shall not be liable for any reduction in value of the product if ProCardio has not provided the Consumer with all legally required information regarding the right of withdrawal prior to or at the time of conclusion of the contract.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
1. If the Consumer wishes to exercise the right of withdrawal, they shall notify ProCardio within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to ProCardio (or an authorized representative thereof). This is not required if ProCardio has offered to collect the product itself. The return period shall be deemed observed if the Consumer sends back the product before the cooling-off period has expired.
3. The Consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions provided by ProCardio.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
5. The Consumer shall bear the direct costs of returning the product, unless ProCardio has failed to inform the Consumer that such costs are to be borne by the Consumer, or if ProCardio has indicated that it will bear these costs itself.
6. When the Consumer exercises the right of withdrawal, all supplementary agreements shall be terminated by operation of law, including, for example, any maintenance agreement concluded by the Consumer.
Article 9 – Obligations of ProCardio in the Event of Withdrawal
1. If ProCardio enables the Consumer to submit a withdrawal notification electronically, ProCardio shall promptly send an acknowledgment of receipt upon receiving such notification.
2. ProCardio shall reimburse all payments made by the Consumer, including any delivery costs charged by ProCardio for sending the product to the Consumer, without undue delay and in any event within 14 days from the day on which the Consumer notified ProCardio of the withdrawal. Unless ProCardio offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Consumer provides proof of having returned the product, whichever occurs earlier.
3. ProCardio shall use the same payment method that the Consumer used for the original transaction, unless the Consumer agrees to another method. The reimbursement shall be made free of charge to the Consumer.
4. If the Consumer has opted for a more expensive method of delivery than the standard, least expensive delivery option, ProCardio shall not be obliged to reimburse the additional costs associated with the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
1. ProCardio may exclude the following products and services from the right of withdrawal, but only if ProCardio clearly stated this at the time of the offer or at least prior to the conclusion of the contract:
a. Products or services whose price is subject to fluctuations in the financial market that ProCardio cannot control and which may occur within the withdrawal period;
b. Service contracts after full performance of the service, but only if:
•the performance has begun with the Consumer’s explicit prior consent; and
• the Consumer has acknowledged that they lose their right of withdrawal once ProCardio has fully performed the contract;
c. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
d. Sealed audio or video recordings or computer software whose seal has been broken after delivery.
Article 11 – Price
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from adjustments to VAT rates.
2. In deviation from paragraph 1, ProCardio may offer products or services whose prices are subject to fluctuations in the financial market and over which ProCardio has no control, at variable prices. This dependence on fluctuations and the fact that any listed prices are indicative shall be stated in the offer.
3. Price increases within three months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
4. Price increases after a period of three months from the conclusion of the contract are only permitted if ProCardio has stipulated this and:
a. such increases result from statutory provisions or regulations; or
b. the Consumer is entitled to terminate the contract with effect from the day the price increase takes effect.
5. The prices quoted in offers of products or services include VAT.
Article 12 – Performance of the Contract and Additional Guarantee
1. ProCardio guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. Where agreed, ProCardio also guarantees that the product is suitable for use other than normal use.
2. Any additional guarantee provided by ProCardio, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the Consumer may assert against ProCardio under the contract if ProCardio has failed to fulfil its obligations.
3. “Additional guarantee” means any commitment by ProCardio, its supplier, importer, or manufacturer in which it grants the Consumer certain rights or claims that go beyond what is required by law in case ProCardio fails to fulfil its part of the contract.
Article 13 – Delivery and Execution
1. ProCardio shall exercise the utmost care when receiving orders for products and when assessing requests for the provision of services.
2. The place of delivery shall be the address provided by the Consumer to ProCardio.
3. Subject to the provisions of Article 4 of these Terms and Conditions, ProCardio shall execute accepted orders promptly and no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the Consumer shall be informed no later than 30 days after placing the order.
4. The risk of damage to or loss of products shall remain with ProCardio until the time of delivery to the Consumer or to a representative previously designated by the Consumer and made known to ProCardio, unless expressly agreed otherwise.
Article 14 – Standard Service
1. ProCardio provides Consumers with free support regarding questions related to products and/or services, including but not limited to equipment, use, malfunctions, legislation, accessories, replacement parts, orders, software updates, and new guidelines.
2. The AED is registered in the ProCardio database. ProCardio shall inform the Consumer when the electrodes/pads and/or battery need to be replaced.
3. In the event of a malfunction of the AED, the Consumer is entitled to the Philips manufacturer’s warranty, to the extent applicable. Any claims under that Philips manufacturer’s warranty shall be handled by ProCardio. If and insofar as it is determined that maintenance and/or repair work is not covered by the Philips warranty, the related costs shall be borne by the Consumer.
4. In addition to the above service provisions, ProCardio offers supplementary maintenance packages, which the Consumer may purchase by entering into a separate agreement. Only on the basis of such a separate agreement can the Consumer claim maintenance services that are specifically covered under that agreement.
Article 15 – Continuous Contracts: Duration, Termination, and Renewal
Termination:
1. The Consumer may terminate an open-ended contract providing for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The Consumer may terminate a fixed-term contract providing for the regular delivery of products or services at any time at the end of the agreed duration, subject to agreed termination rules and a notice period of no more than one month.
3. With respect to the contracts referred to in the previous paragraphs, the Consumer shall:
• be entitled to terminate them at any time and not be restricted to termination at a specific time or during a specific period;
• be entitled to terminate them in the same manner as they were concluded; and
• always be entitled to terminate them with the same notice period that ProCardio has stipulated for itself.
Renewal:
4. A fixed-term contract providing for the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
5. A fixed-term contract providing for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the Consumer may terminate the contract at any time with a notice period of no more than one month.
Duration:
6. If a contract has a duration of more than one year, the Consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed duration would be unreasonable or unfair.
Article 16 – Payment
1. Unless otherwise agreed in writing, amounts owed by the Consumer shall be paid within 14 days after the commencement of the cooling-off period referred to in Article 6 paragraph 1, or, in the absence of such a cooling-off period, within 14 days after the conclusion of the contract.
2. When providing products to businesses (B2B transactions), ProCardio may require prepayment or partial prepayment before the order is processed or shipped.
3. In the event of late payment by the Consumer, the Consumer shall be in default by operation of law. From that moment, the Consumer shall owe statutory interest on the outstanding amount. In addition, ProCardio shall be entitled to charge any extrajudicial collection costs incurred as a result of the Consumer’s failure to fulfil their payment obligations.
4. In case of non-payment by the Consumer, ProCardio shall be entitled, subject to statutory limitations, to suspend or terminate the performance of the contract or any related agreements.
Article 17 – Complaints Procedure
1. ProCardio shall have a sufficiently publicised complaints procedure and shall handle any complaint in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted to ProCardio fully and clearly described within a reasonable time after the Consumer has discovered the defect.
3. Complaints submitted to ProCardio shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer period to process, ProCardio shall respond within 14 days with an acknowledgment of receipt and an indication of when the Consumer may expect a more detailed response.
4. The Consumer must give ProCardio at least four weeks to resolve the complaint by mutual agreement. After this period, the Consumer may submit the dispute to the competent court as referred to in Article 19.
Article 18 – Retention of Title
1. All products delivered by ProCardio shall remain the property of ProCardio until the Consumer has fulfilled all obligations under the contract, including payment in full of the purchase price, interest, and any additional costs.
2. The Consumer is not authorized to pledge or otherwise encumber any products that remain the property of ProCardio.
3. If third parties seize or intend to seize products that are subject to ProCardio’s retention of title, the Consumer shall immediately notify ProCardio thereof.
4. The Consumer undertakes to insure and keep insured all products delivered under retention of title against damage, loss, or theft and to provide ProCardio with proof of such insurance upon request.
Article 19 – Applicable Law and Competent Court
1. All legal relationships to which ProCardio is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship resides outside the Netherlands.
2. The District Court of Midden-Nederland, location Utrecht (the Netherlands), shall have exclusive jurisdiction to hear disputes, unless mandatory law provides otherwise.
3. The parties shall first attempt to resolve any dispute amicably before resorting to legal proceedings.
Final Provision
These General Terms and Conditions were last updated on April 2023
They can be accessed and downloaded at any time from https://www.heartstream.shop/policies/terms-of-service
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intent of the original provision