Terms & Conditions

Do you represent a business? Read our 'Terms and Conditions for Professionals'.

These General Terms and Conditions, as amended from time to time, form an integral part of all legal relationships between Multicare Europe B.V. (Multicare Europe) and the Customer, unless the applicability of these General Terms and Conditions is excluded or limited by law, regulation or written agreement.

No Agreement can be concluded if the Customer does not agree to the General Terms and Conditions.

1. Definitions and interpretation

1.1 The following definitions apply in these General Terms and Conditions:

General Terms and Conditions refers to the present general terms and conditions.

Article refers to one of the articles of these general terms and conditions.

Reflection Period refers to the period within which the Right of Withdrawal can be exercised.

Day means a calendar day.

Right of Withdrawal refers to the Customer’s right to dissolve the Agreement during the Reflection Period.

Customer refers to a natural person who does not act in the exercise of a profession or the running of a business and who concludes an Agreement with Multicare Europe.

Agreement refers to the agreement between Multicare Europe and the Customer with respect to the distance order, sale and purchase of Products, in which connection only one or more distance selling techniques are used without simultaneous physical presence of Multicare Europe and the Customer, and the delivery of Products.

Party refers to Multicare Europe or the Customer.

Parties refers to Multicare Europe and the Customer.

Product refers to a product that is offered by Multicare Europe.

Online Shop refers to the Multicare Europe online shop where the Customer has the opportunity to purchase Products.

1.2 Words in the singular form also comprise the plural and words in the plural form also comprise the singular form. Words that indicate gender comprise all genders.

1.3 Headings in these General Terms and Conditions were included exclusively for the purpose of clarity and reference, and not for the interpretation of these General Terms and Conditions.

1.4 In the event any provision of these General Terms and Conditions proves to be invalid or unenforceable, the remaining provisions will be interpreted as if such an invalid or unenforceable provision had not been included. Multicare Europe will replace such an invalid or unenforceable provision with a valid and enforceable provision that approaches Multicare Europe’s original intention for the relevant provision as closely as possible.

2. The identity of Multicare Europe

Company:	Multicare Europe B.V.
Business and physical address:	Veenwal 20, 3871KG Hoevelaken (NL)
Telephone number:	+31 (0) 33 489 39 60
E-mail address:	info@multicare-europe.com
Chamber of Commerce number:	08065223
VAT identification number:	NL800330237 B.01

The supervisory authority for medical devices is the Inspectorate for Health and Youth Care.

3. Offer

3.1 If an offer has a limited term of validity or is made subject to conditions, such will be stated expressly in the offer.

3.2 All offers and other communications on the part of Multicare Europe are without obligation and constitute an invitation to place an order in the Online Shop. The fact that Products are offered in the Online Shop at any time does not comprise a guarantee that these Products are always available. Multicare Europe has the right to change the offer.

3.3 Obvious mistakes and/or apparent errors in the offer do not bind Multicare Europe, and the Customer cannot derive any rights from such obvious mistakes and/or errors.

4. Agreement

4.1 The Agreement is concluded at the moment the Customer accepts the offer by placing an order in the Online Shop, whereby he must comply with the conditions set in that connection. However, Multicare Europe has the right to refuse an order and Multicare Europe has the right to attach special conditions to the performance of an order if Multicare Europe has well-founded reasons to doubt the creditworthiness of the Customer.

4.2 Conclusion of the Agreement means that the Customer is obliged to pay the purchase price of the Products to which the Agreement relates.

4.3 Multicare Europe has the right to engage third parties for the performance of the Agreement.

5. Right of Withdrawal

5.1 The Customer has a Reflection Period of fourteen (14) Days with respect to every Agreement, during which period he has the right to cancel the Agreement without stating reasons. In the event the Customer cancels the Agreement, the Customer will be obliged to bear the direct costs of sending back the Products. Multicare Europe has the right to ask the Customer for his reason for cancelling, but the Customer is not obliged to state his reason.

5.2 The Reflection Period referred to in Article 5.1 lapses fourteen (14) Days after the day on which the Customer or a third party designated by the Customer, which is not the carrier, acquired physical possession of the Products, provided that:

if a Customer orders several Products as part of a single order, but these Products are delivered individually, the Reflection Period ends fourteen (14) Days after the day on which the Customer comes into physical possession of the last Product;
if the Products are delivered in multiple batches or parts, the Reflection Period ends fourteen (14) Days after the day on which the Customer comes into physical possession of the last batch or last part; or
as regards Agreements for the regular delivery of Products during a specific period, the Reflection Period lapses fourteen (14) Days after the day on which the Customer or a third party designated by the Customer, which is not the carrier, acquires physical possession of the first Product.

6. Obligations on the part of the Customer during the Reflection Period and after a possible dissolution of the Agreement

6.1 The Customer is obliged to handle the Product and packaging with due care during the Reflection Period and after his possible dissolution of the Agreement. The Customer only has the right to test and inspect the Products during the Reflection Period insofar as this is necessary to verify the nature, characteristics and operation of the Products.

6.2 If the Customers wishes to exercise his Right of Withdrawal after he has used the Products more than is necessary in order to determine their nature, characteristics and operation, the Customer will be responsible for the loss in value or the decrease in value of the Products that results therefrom.

7. Exercise of the Right of Withdrawal by the Customer

7.1 If the Customer wishes to dissolve the Agreement, the Customer will notify Multicare Europe thereof by means of the model dissolution form or in writing in a different unambiguous manner.

7.2 The Customer will send the Products back or hand them over to Multicare Europe or to a person authorised by Multicare Europe to take receipt of the Products without delay and in any event within fourteen (14) Days after the day on which the Customer notified Multicare Europe of his decision to withdraw the Agreement.

7.3 All possible additional agreements will be dissolved by operation of law as well in the event the Customer exercises his Right of Withdrawal.

8. Exclusion of the Right of Withdrawal

The Right of Withdrawal is excluded with respect to the following Products:

Products created by Multicare Europe in accordance with the Customer’s specifications;
Products that are personal in nature / clearly intended for a specific person;
Products that can spoil or age quickly;
Products that are not suitable for being sent back for reasons related to health protection or hygiene and whose seal was broken after they were delivered;
Products that can no longer be separated from other Products after delivery, and/or
Products that by their nature cannot be sent back.

9. Return shipments

In the event the Customer withdraws, Multicare Europe will refund all payments made by the Customer. This does not include the direct costs of sending Products back, subject to the condition that all Products are sent back in the same condition they were in when they were received. This means, among other things, that the Products may not be damaged or modified and that the labels may not have been removed. The risk and evidence of dispatch of the Products rest with the Customer.

10. Price and payment

10.1 The prices stated in the Online Shop include VAT.

10.2 Multicare Europe may offer variable prices for Products whose prices depend on fluctuations in the financial market and are beyond Multicare Europe’s control. The dependency on fluctuations and the fact that any prices stated are guide prices is stated in the offer.

10.3 Unless agreed otherwise, the amounts owed by the Customer to Multicare Europe must be paid within fourteen (14) Days after the Customer receives the invoice, without any discount, deduction, set-off, withholding or delay for any reason whatsoever.

10.4 Complaints concerning an invoice must be notified to Multicare Europe in writing by the Customer within fourteen (14) Days after receipt of the invoice. If the Customer fails to do so, he will be deemed to have accepted the invoice as correct.

10.5 The Customer will be in default if he fails to comply with his payment obligations and he will owe statutory interest on the outstanding amount if the relevant statutory conditions have been satisfied. If this is the case, Multicare Europe will have the right to charge the extrajudicial collection costs it has incurred. These collection costs are at most: 15% on the outstanding amounts up to and including €2,500, 10% on the next €2,500 and 5% on the next €5,000, on the understanding that the collection costs amount in any event to at least €40.

11. Delivery

11.1 Multicare Europe delivers the Products to the Customer without delay, but in any event no later than thirty (30) days after conclusion of the Agreement, unless the Parties have agreed a different delivery time.

11.2 Multicare Europe reserves the right to charge the costs it has incurred with respect to goods that have been ordered but cannot be delivered after several attempts.

11.3 Multicare Europe has the right to deliver the Products on the basis of partial deliveries, in which case these General Terms and Conditions apply to every partial delivery.

11.4 The Products are at the Customer’s risk from the moment of delivery. The purchase price of the Products therefore remains payable irrespective of damage and/or loss of the Products due to a cause that is not attributable to Multicare Europe.

11.5 In the event Multicare Europe initiates a Product recall at its own initiative or together with its suppliers, the Customer will be obliged to act with respect to the relevant Products in accordance with the procedure communicated by Multicare Europe or its suppliers in such cases.

12. Inspection and complaints

12.1 The Customer is obliged to notify Multicare Europe within a reasonable period of the fact that the Products do not conform to the Agreement after he has discovered this or should have discovered this within reason.

12.2 Complaints pertaining to a Multicare Europe Product may be sent to info@multicare-europe.com.

12.3 All claims on the part of the Customer against Multicare Europe lapse in any event if:

the Customer failed to notify Multicare Europe within a reasonable period of the fact that the Products do not conform to the Agreement after he has discovered this or should have discovered this within reason;
third parties disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent;
the Customer fails to cooperate in an investigation into the validity of the complaints, and/or
the Customer has sold the Product.

12.4 The Products to be delivered by Multicare Europe comply with the customary standards and requirements that may be imposed on them within reason at the time of delivery and for which they are intended in case of normal use. This guarantee does not concern in any event defects that arise from or were caused in whole or in part by:

use in ways other than as prescribed in the operating instructions concerning the Products or use of the Products for a purpose other than their intended purpose;
normal wear and tear of the Products, and/or
third parties disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent, or the Customer disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent.

13. Suspension and dissolution of the Agreement

13.1 Multicare Europe has the right to suspend compliance with its obligations under the Agreement in whole or in part or to dissolve all or part thereof following written notification if the Customer has applied for a bankruptcy order or has been declared bankrupt.

13.2 Multicare Europe has the right to dissolve all or part of the Agreement following written notification if:

a government agency, a regulatory body or a professional entity has enacted new legislation, regulations, interpretations or decisions or has amended existing legislation, regulations, interpretations or decisions as a result of which compliance with any of its obligations under the Agreement would become illegal or otherwise unlawful or in contravention of the professional rules for Multicare Europe, and/or
the circumstances change to such a degree that compliance with the obligations under the Agreement on the part of Multicare Europe would be illegal or otherwise unlawful.

13.3 All exclusions and limitations of liability as set out in these General Terms and Conditions will remain in effect after the Agreement has ended.

14. Limitation of liability

14.1 These General Terms and Conditions do not constitute a limitation or exclusion of Multicare Europe’s liability that cannot be limited or excluded pursuant to the law.

14.2 Multicare Europe’s liability is maximised at the amount that is paid by Multicare Europe’s insurer to Multicare Europe in relevant cases.

15. Force majeure

The Parties are not liable for any delay or non-performance, directly or indirectly, as a result of force majeure.

16. Privacy and personal data

16.1 Personal data acquired by Multicare Europe in connection with the order of a Product will be processed in implementation of Multicare Europe’s obligations under the Agreement and in order to maintain a customer relationship with the Customer. Multicare Europe will observe the applicable regulations when processing personal data.

16.2 The Customer has the right at all times to inspect the personal data that has been processed. Requests to that effect should be sent to info@multicare-europe.com.

17. Applicable law and competent court

17.1 The Agreement between the Parties is governed by Dutch law. The choice of law does not affect the protection enjoyed by the Customer on the basis of the mandatory law of his country of residence.

17.2 The court that is competent according to the law is competent to settle disputes related to or arising from Agreements.

17.3 The Customer also has the option of submitting a dispute via the European Online Dispute Resolution platform using the following link: https://ec.europa.eu/consumers/odr.

Are you a consumer? Read our 'Terms and Conditions for Consumers'.

1. Definitions and interpretation

1.1 The following definitions apply in these General Terms and Conditions:

General Terms and Conditions refers to the present general terms and conditions.

Article refers to one of the articles of these general terms and conditions.

Day means a calendar day.

Customer refers to a legal person, partnership or natural person who acts in the exercise of a profession or the running of a business and who concludes an Agreement with Multicare Europe.

Agreement refers to the agreement between Multicare Europe and the Customer with respect to the distance or other order, sale and purchase of Products, in which connection one or more distance selling techniques are used or are not used without simultaneous physical presence of Multicare Europe and the Customer, and the delivery of Products.

Party refers to Multicare Europe or the Customer.

Parties refers to Multicare Europe and the Customer.

Product refers to a product that is offered by Multicare Europe.

Online Shop refers to the Multicare Europe online shop where the Customer has the opportunity to purchase Products.

1.2 Words in the singular form also comprise the plural and words in the plural form also comprise the singular form. Words that indicate gender comprise all genders.

1.3 Headings in these General Terms and Conditions were included exclusively for the purpose of clarity and reference, and not for the interpretation of these General Terms and Conditions.

1.5 In the event Multicare Europe has permitted deviations from these General Terms and Conditions such does not prejudice Multicare Europe’s right to demand immediate and strict compliance with these General Terms and Conditions by the Customer as yet.

2. The identity of Multicare Europe

Company:	Multicare Europe B.V.
Business and physical address:	Veenwal 20, 3871KG Hoevelaken (NL)
Telephone number:	+31 (0) 33 489 39 60
E-mail address:	info@multicare-europe.com
Chamber of Commerce number:	08065223
VAT identification number:	NL800330237 B.01

The supervisory authority for medical devices is the Inspectorate for Health and Youth Care.

3. Offer

3.1 If an offer has a limited term of validity or is made subject to conditions, such will be stated expressly in the offer.

3.2 All offers and other communications on the part of Multicare Europe are without obligation and constitute an invitation to place an order in the Online Shop or otherwise. The fact that Products are offered at any time does not comprise a guarantee that these Products are always available. Multicare Europe has the right to change the offer.

3.3 Obvious mistakes and/or apparent errors in the offer do not bind Multicare Europe, and the Customer cannot derive any rights from such obvious mistakes and/or errors.

4. Agreement

4.1 The Agreement is concluded at the moment the Customer accepts the offer by placing an order in the Online Shop or otherwise in which connection he must comply with the conditions set in that connection. However, Multicare Europe has the right to refuse an order and Multicare Europe has the right to attach special conditions to the performance of an order if Multicare Europe has well-founded reasons to doubt the creditworthiness of the Customer.

4.2 Conclusion of the Agreement means that the Customer is obliged to pay the purchase price of the Products to which the Agreement relates.

4.3 Multicare Europe has the right to engage third parties for the performance of the Agreement.

4.4 The Products are intended for Customers of Multicare Europe. The Customer is not allowed to sell the Products to third parties. The Customer indemnifies Multicare Europe against all damage that arises from violation of this article 4.4.

5. Price and payment

5.1 The prices stated are exclusive of VAT.

5.2 Multicare Europe may offer variable prices for Products whose prices depend on fluctuations in the financial market and are beyond Multicare Europe’s control. The dependency on fluctuations and the fact that any prices stated are guide prices is stated in the offer.

5.3 Multicare Europe’s administration constitutes conclusive evidence concerning the Products delivered by Multicare Europe and the payments due in respect thereof on the part of the Customer, without prejudice to the Customer’s right to produce evidence to the contrary.

5.4 Unless agreed otherwise, the amounts owed by the Customer to Multicare Europe must be paid within fourteen (14) Days after the Customer receives the invoice, without any discount, deduction, set-off, withholding or delay for any reason whatsoever.

5.5 Complaints concerning an invoice must be notified to Multicare Europe in writing by the Customer within fourteen (14) Days after receipt of the invoice. If the Customer fails to do so, he will be deemed to have accepted the invoice as correct.

5.6 The Customer will be in default if he fails to comply with his payment obligations and he will owe statutory interest on the outstanding amount if the relevant statutory conditions have been satisfied. If this is the case, Multicare Europe will have the right to charge the extrajudicial collection costs it has incurred. These collection costs are at least: 15% on the outstanding amounts up to and including €2,500, 10% on the next €2,500 and 5% on the next €5,000, on the understanding that the collection costs amount in any event to at least €40.

5.7 In the event Multicare Europe is fully or partly successful in legal proceedings, the Customer will be obliged to compensate Multicare Europe for all actual costs incurred by Multicare Europe in connection with these proceedings.

6. Delivery

6.1 The terms indicated by Multicare Europe are deemed to have been indicated merely by approximation, unless they are mentioned expressly and in writing as strict deadlines. Merely exceeding a term of delivery that has been indicated does not mean that Multicare Europe is in default.

6.2 In the event Multicare Europe exceeds terms for any reason whatsoever, Multicare Europe will not be obliged to compensate any damage the Customer sustains as a result nor will this grant the Customer any right to dissolve the Agreement or to suspend compliance with its obligations towards Multicare Europe.

6.3 Multicare Europe is not bound to terms that cannot be met due to circumstances that occurred after the Agreement was concluded and that are beyond its control.

6.4 Multicare Europe reserves the right to charge the costs it has incurred with respect to goods that have been ordered but cannot be delivered after several attempts.

6.5 Multicare Europe has the right to deliver the Products on the basis of partial deliveries, in which case these General Terms and Conditions apply to every partial delivery.

6.6 The Products are at the Customer’s risk from the moment of delivery. The purchase price of the Products therefore remains payable irrespective of damage and/or loss of the Products due to a cause that is not attributable to Multicare Europe.

6.7 In the event Multicare Europe initiates a Product recall at its own initiative or together with its suppliers, the Customer will be obliged to act with respect to the relevant Products in accordance with the procedure communicated by Multicare Europe or its suppliers in such cases.

7. Inspection and complaints

7.1 The Customer is obliged to inspect the Products or have them inspected carefully immediately after delivery. Insofar as the Products do not conform to the Agreement, the Customer will be obliged to notify Multicare Europe thereof within two (2) Days after delivery of the Products.

7.2 Complaints pertaining to a Multicare Europe Product may be sent to info@multicare-europe.com.

7.3 All claims on the part of the Customer against Multicare Europe lapse in any event if:

insofar as the Products do not conform to the Agreement, the Customer does not notify Multicare Europe thereof within two (2) Days after delivery of the Products;
third parties disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent;
the Customer fails to cooperate in an investigation into the validity of the complaints, and/or
the Customer has sold the Product.

7.4 The Products to be delivered by Multicare Europe comply with the customary standards and requirements that may be imposed on them within reason at the time of delivery and for which they are intended in case of normal use. This guarantee does not concern in any event defects that arise from or were caused in whole or in part by:

use in ways other than as prescribed in the operating instructions concerning the Products or use of the Products for a purpose other than their intended purpose;
normal wear and tear of the Products, and/or
third parties disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent, or the Customer disassembled, repaired, or performed other work on the Products without Multicare Europe’s knowledge or consent.

8. Retention of title

8.1 All Products delivered to the Customer remain the property of Multicare Europe until the Customer has paid all claims Multicare Europe has and/or may acquire against the Customer under all Agreements it has concluded with the Customer, including in any event, but not limited to, claims in connection with interest, costs, and damage.

8.2 Products delivered by Multicare Europe that are covered by the retention of title pursuant to article 8.1 may not be sold of gifted by the Customer and they may not be used as means of payment. The Customer does not have the right to pledge or encumber the Products that are covered by the retention of title in any other way.

8.3 Insofar as the Customer fails to comply with any obligation towards Multicare Europe, also after the Customer was given notice of default, or fails to do so on time or correctly, Multicare Europe will have the right to gain access to the places where the Products covered by the retention of title are located and to take back these Products.

8.4 In case of attachment, (provisional) suspension of payment or bankruptcy, the Customer will inform the bailiff levying the attachment, the administrator or trustee immediately of Multicare Europe’s rights of ownership. The Customer guarantees that any attachment levied against property belonging to Multicare Europe will be lifted without delay.

9. Suspension, dissolution and termination of the Agreement

9.1 Multicare Europe has the right to suspend compliance with its obligations under the Agreement in whole or in part or dissolve or terminate all or part thereof following written notification if:

the Customer applies for a suspension of payment or is granted (provisional) suspension of payment or has applied for a bankruptcy order or has been declared bankrupt;
the Customer’s business is liquidated; or
the Customer ceases its current business or an attachment is levied against a considerable part of his assets, or if the Customer must otherwise be deemed no longer able to comply with his obligations under the Agreement.

The claims between the Parties become immediately due and payable as a result of dissolution or termination. The Customer is responsible for damage sustained by Multicare Europe in connection with the dissolution or termination.

9.2 Multicare Europe has the right to dissolve or terminate all or part of the Agreement following written notification if:

government agency, a regulatory body or a professional entity has enacted new legislation, regulations, interpretations or decisions or has amended existing legislation, regulations, interpretations or decisions as a result of which compliance with any of its obligations under the Agreement would become illegal or otherwise unlawful or in contravention of the professional rules for Multicare Europe, and/or
the circumstances change to such a degree that compliance with the obligations under the Agreement on the part of Multicare Europe would be illegal or otherwise unlawful.

9.3 All exclusions and limitations of liability as set out in these General Terms and Conditions will remain in effect after the Agreement has ended.

10. Limitation of liability

10.1 These General Terms and Conditions do not constitute a limitation or exclusion of Multicare Europe’s liability that cannot be limited or excluded pursuant to the law.

10.2 Multicare Europe is only liable for direct damage. Direct damage is understood to mean exclusively:

the demonstrable and reasonable costs to determine the cause and extent of the damage, insofar as the determination concerns direct damage within the meaning of these General Terms and Conditions;
the demonstrable and reasonable costs incurred to have the defective performance on the part of Multicare Europe conform to the Agreement, unless the Agreement is dissolved or terminated and/or the damage is not attributable to Multicare Europe;
demonstrable and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs actually led to limitation of direct damage as referred to in these General Terms and Conditions, damage to property of the Customer and/or third parties.

10.3 Multicare Europe is never liable for indirect damage, which includes in any event, but is not limited to, consequential damage, lost profit, missed savings and damage resulting from business interruption.

10.4 Multicare Europe’s liability is limited to the amount invoiced on the basis of the Agreement.

10.5 In any event, Multicare Europe’s liability is always maximised at the amount that is paid by Multicare Europe’s insurer to Multicare Europe in relevant cases.

10.6 Any entitlement to compensation lapses irrevocably if the Customer fails to report the damage to Multicare Europe in writing within at most one (1) month after it arises.

11. Force majeure

The Parties are not liable for any delay or non-performance, directly or indirectly, as a result of force majeure.

12. Intellectual property rights

All intellectual property rights with respect to the products are held by Multicare Europe, its licensor or the manufacturer of the Products that have been delivered. The Customer only acquires those rights of use and powers that are granted expressly to the Customer under the Agreement. This means, among other things, that the Customer is not allowed to reproduce or copy the Products.

13. Privacy and personal data

13.1 Personal data acquired by Multicare Europe in connection with the order of a Product will be processed in implementation of Multicare Europe’s obligations under the Agreement and in order to maintain a customer relationship with the Customer. Multicare Europe will observe the applicable regulations when processing personal data.

13.2 The Customer has the right at all times to inspect the personal data that has been processed. Requests to that effect should be sent to info@multicare-europe.com.

14. Applicable law and competent court

14.1 The Agreement between the Parties is governed by Dutch law. The Vienna Sales Convention is excluded as is any future international regulation concerning the purchase of movable property whose effect can be excluded by the Parties.

14.2 The Gelderland District Court, Arnhem location, is competent to settle disputes related to or arising from Agreements.