ErgonoptiX Comfort Loupes – Terms and Conditions
ErgonoptiX is a division of Dent-All Innovation – Netherlands.
These General Terms & Conditions of use, apply to all divisions / sub-divisions of Dent-All Innovation, including ErgonoptiX / ErgonoptiX.com
1. General Conditions of Use
1.1 These general terms & conditions apply to all offers of Dent-All Innovation and on all Dent-All Innovation contracted agreements.
“Dent-All Innovation” as stated in these general conditions and elsewhere on this site refers to the company with offices located in Amsterdam, The Netherlands.
Dent-All Innovation reserves the right to change, modify or update these terms & conditions from time up to time without notice.
Through the use of the website of Dent-All Innovation and/or placing an order the purchaser accepts these general terms and conditions as well as all other rights and duties as indicated on the website.
Along side the terms & conditions indicated there may be additional terms & conditions which apply to certain services and/or products. Should there be discrepancies between these additional terms & conditions and the original terms & conditions then the additional terms & conditions will take precedence above the original terms & conditions, unless stipulated otherwise.
These general terms & conditions stipulated may only be deviated from by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.
Should the purchaser refer to their general terms & conditions, those terms & conditions do not apply unless explicitly agreed in writing by Dent-All Innovation.
The term “purchaser” is used for every visitor of the website or each natural person or legal entity who has a contractual relationship with Dent-All Innovation.
Dent-All Innovation is authorized to use a third party in the implementation of any agreement with the purchaser.
2. Offers and provisional agreements
2.1 All offers by Dent-All Innovation are without engagement. Offers or prices are to be seen as an invitation to the potential purchaser(s) to engage in a sale. Dent-All Innovation is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential purchaser to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this Article has been completed.
2.2 Offers occurring subject to the availability of the products. Dent-All Innovation has the right to replace the ordered product with a similar product in place of annulling the agreement.
2.3 A definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form.
2.4 The purchaser and Dent-All Innovation agree that by use of electronic communication a valid and definite agreement comes about, as soon as the conditions in Article 2.1 and 2.3 are met.The lack of an ordinary signature does not exonerate from being bound by this agreement and the acceptance of it. This also applies to the electronic files of Dent-All Innovation which as far as the law allows count as a presumption of proof.
2.5Communications by any means, oral, by telephone or by means of e-mail, relating information, images and work-related tasks etc. with relation to any offers and the most important characteristics of the products shall be provided as accurately as possible. Dent-All Innovation does not guarantee in this agreement that all the information on offers and products will be fully accurate. Any differences do not qualify as ground for compensation and/or dissolution.
3.1 All prices on the site are “ex Warehouse” (incoterms 1990), originally expressed in euros, except when the currency converter available in the online shop is used, conforming to the legal regulations hereby, and are excluding VAT and excluding other levies by the government and excluding shipping costs, unless mentioned otherwise in the product related information.
3.2 If the recipient is not in the country where the shipping originates, the recipient is responsible for chargeable VAT or import duties.
3.3 Special offers are only valid for the time duration (deadline) as mentioned with the specific offer. 3.4 The purchaser is chargeable for merchandise that Dent-All Innovation. has confirmed in accordance with Article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected by Dent-All Innovation even after agreement has taken place.
3.5 Shipping charges are not included in the price. The shipping costs are mentioned on the website. Special tariffs apply to delivery outside the Netherlands. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the purchaser.
4.1 Orders via our website can be paid for in the following manner:
1- Bank transfer
2- C.O.D. – Available only for The Netherlands
Dent-All Innovation may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available.
4.2 In the event that a term of payment has been agreed by Dent-All Innovation. , the Purchaser will be in default if the term of payment is allowed to expire. Terms of payment can solely be agreed in writing under conditions to be stipulated and agreed at the time.
4.3 In the case that payment by credit card is chosen then the terms & conditions of the credit card company apply. Dent-All Innovation has no part in the relation between the purchaser and the credit card company.
4.4 Non-payment or late payment by the purchaser shall incur the following:
An interest rate of 3.5% shall be levied from the last day on which payment should have been received until the day the outstanding amount is paid in full. Any part of a month in this time frame shall hitherto be counted as a full month.
4.5 Any additional costs of any sort bought to bear on Dent-All Innovation. as a result of the non-compliance of the purchaser of their payment obligations shall be at the expense of the purchaser.
4.6 In case of late payment Dent-All Innovation is authorized to annul the agreement with immediate effect or to suspend (further) supply up to the moment at which the purchaser has entirely complied with their payment obligations including the payment of any chargeable interest and costs thereof.
5. Delivery and delivery times
5.1 Orders are of course delivered as swiftly as possible. Delivery periods are indicated on the website but are only to be considered as a guide and should never be considered as definite. Dent-All Innovation may announce additional information on delivery times on the website or in other written forms. Such information should only be taken as an indication.
5.2 A product that is temporarily out of stock when ordered by the purchaser will when available be indicated as such. Delays will be communicated to the purchaser by telephone or e-mail.
5.3 Delivery will be sent to the address given by the purchaser during the agreement process. Any additional information concerning delivery shall swiftly be made known to the purchaser.
5.4 Dent-All Innovation shall ensure delivery by mail or by any other manner at the discretion of Dent-All Innovation, at the expense of the purchaser. Delivery by mail or delivery in any other manner shall take place only after payment has been received for the products provided by Dent-All Innovation. The merchandise only becomes the property of the purchaser at delivery.
5.5 Dent-All Innovation reserves the right to split the delivery of merchandise bought. The extra cost of such a âSplit Deliveryâ shall be borne by Dent-All Innovation.
5.6 Special conditions may apply to deliveries abroad.
6. Exchange & right of inspection
6.1 The purchaser is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery. Non-visible damage/missing parts must be reported within 21 days after the problem could reasonably be detected. In case of returns, the purchaser shall receive replacement product(s) unless these are unavailable in which case The purchaser is given the choice of a refund or a credit receipt.
6.2 A 14 day right of return, for any and all reasons, applies to all online purchases. Items must be declared for return within 14 days after items have been delivered.
6.3 In case of returns due to damaged goods, Shipping costs for product returns are at the expense of Dent-All Innovation. Otherwise Shipping costs for product returns are at the expense of the purchaser.
6.4 Any complaints founded on facts that justify the proposition that the delivered product does not meet the agreement, are only valid for a period of 1 year after receipt by the purchaser.
6.5 Should the delivered product not meet the specifications as laid out in the agreement then Dent-All Innovation is obliged only to deliver the missing part(s) of the product, repair or offer a replacement of the product.
7. Transferal of Property
7.1 Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with Dent-All Innovation in its entirety, including compensation of any interest and costs, which also includes deliveries of an earlier or later stage and to the products themselves and/or tasks performed in relation to said product(s).
7.2 The purchaser may not encumber, sell, re-deliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession.
8. Guarantee and liability
8.1 Products supplied by Dent-All Innovation. are subject to the guarantee by the manufacturer of the product concerned. Responsibility by Dent-All Innovation during the guarantee period is exclusively that of providing a counter function.
8.2 Dent-All Innovation. can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of statutory regulations are at its own risk. Dent-All Innovation. will never be liable for loss of profits and/or consequential damages, indirect damages and loss of earnings and/or turnover.
8.3 If Dent-All Innovation is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service by which damage has been caused. Dent-All Innovation cannot be held responsible for damages outside of warehouse and/or personnel damage.
8.4 Circumstances, which do not fall under the risk of Dent-All Innovation include: strike, worker exclusion, sickness and/or transit prohibition, transport problems, non compliance with the obligations of sub-contractors, breakdowns in production, force of nature and/or nuclear calamities and war and/or the threat of war, debt belonging to Dent-All Innovation, subject to set-up or gross debt.
8.5 The stipulations in this article leave Dent-All Innovation’s legal liabilities unimpeded by virtue of statutory regulations.
8.6 Notwithstanding this Article, there is no cause stipulated for guarantee if wear & tear can be considered as normal and in the following cases: if changes have been introduced to the product, among these repair which has been performed without the authorization of Dent-All Innovation or the manufacturer; if the original invoice cannot be submitted, has been modified or made illegible; if damage and/or non functioning is a consequence of the non-compliance with the written instructions or irresponsible use; or if damage has arisen by incorrect set-up, gross carelessness or negligent maintenance.
8.7 The Purchaser is under the obligation to exonerate Dent-All Innovation for any third-party claims against Dent-All Innovation. with respect to the execution of the agreement, as far as the law does not stipulate otherwise than that the damages and losses concerned are at the Purchasers expense.
8.8 Dent-All Innovation guarantee good quality and proper service. Purchasers who have made use of the services on the Dent-All Innovation. site can appeal to a special dispute procedure (to see also Article 13).
8.9 It is possible that Dent-All Innovation will makes available on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. Dent-All Innovation is not responsible for the content of the website which is referred or the use which may be made of it.
8.10 The stipulations in this article leave Dent-All Innovation’s legal liabilities unimpeded by virtue of statutory regulations.
9. Circumstances beyond one’s control
9.1 Dent-All Innovation is not obliged to fulfill its obligations towards the Purchaser in case of circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively.
9.2 Circumstances beyond its control are understood to be unintended circumstances, as a result of which compliance with its obligations towards the Purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or not timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any time.
10. Intellectual property
10.1 The purchaser recognizes explicitly all rights of intellectual property of information displayed, communications or other expressions concerning the products and/or concerning the internet site of Dent-All Innovation, its sub-contractors or other claimants.
10.2 It is prohibited for the purchaser to make use of and/or introduce modifications to the intellectual property rights such as described in this Article, for example duplication, without express authorization from Dent-All Innovation., its suppliers or other claimants unless this is for private use or in relation to the product itself.
11. Personal data
11.2 Dent-All Innovation thereby observes applies privacy rules and relevant legislation.
12. Applicable law and competent Court.
12.1 Dutch law applies exclusively on all offers and agreements.
12.2 The applicability of the Vienna Purchasing Treaty (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
12.3 All disputes which may occur as a result of the agreement concerned or future agreements arising from it will be settled in accordance with the Regulations of the Dutch Arbitration Institute or, should Dent-All Innovation wish to choose as such, the competent Courts applicable to the registered offices or abodes of Dent-All Innovation or the Purchaser. Arbitration shall comprise one arbitrator. Arbitration shall take place in Amsterdam. Legal proceedings shall be held in Dutch. The Arbitration shall decide according to the law. All this is applicable unless the law explicitly stipulates a different competent Court.
13.1 Dent-All Innovation has offices located at J.J. Slauerhoffstraat 57, 1321RA Almere, and is registered at the chamber of commerce Amsterdam under no. 33281590. The VAT identification number is NL-001165942B55.
All correspondence concerning an agreement or these conditions are to be sent to:
J.J. Slauerhoffstraat 57
or use the Contact form on the ErgonoptiX contact page.
13.2 The Dent-All Innovation helpdesk (036-5363663) is reachable for information during work days from 9.00 till 17.30.
13.3 Dent-All Innovation strives to answer incoming e-mails during the opening hours of Dent-All Innovation helpdesk.
14 The Dutch text prevails
14.1 The Dutch text of these general terms & conditions prevails above all translations of it.
Dent-All Innovation, 18-01-2004