Return & Right of Withdrawal

Not completely satisfied with your purchase? No problem. Any item can be returned within 14 days. Please contact us via the contact form and we will be happy to guide you through the return process, please include the order number of the order in question.

Please note that the cost of the return is for the customer. We therefore advise you to return several items in one shipment. Did something go wrong with the delivery of your item, or did you receive an incorrect or defective item? Then we will bear the costs of the return shipment.

The 14-day period starts on the day you receive the item. A return will be processed by us within 14 days. This period starts on the day of return.

During the period between receiving the item and returning it, you should handle the item and its packaging with care. Should the packaging be so damaged upon opening that the items inside cannot be returned properly protected, we kindly ask you to use a good alternative for the return shipment. You should only unpack, or use, the item to the extent necessary to assess whether you wish to keep the item.

What are the conditions for returning my order?

The returned item must be complete; in its original condition and with its packaging intact. This means: the product has not been used; the product is not damaged and shows no signs of use; the packaging is complete and undamaged. Should the packaging be so damaged when opening it that the items inside cannot be returned properly protected, please ensure a proper alternative of the packaging for the return.

How will I know if my return has been accepted?

We will send you a return confirmation email when we receive your return. We will then check the products and confirm when the return is accepted.

When can I expect my refund?

Once you have received the return confirmation via email, it takes a maximum of 10 working days for the refund to reach your bank account. The refund will be made via the payment method chosen for placing the order.

How can I cancel my order?

Oops, did you change your mind? Did something go wrong? You can cancel your order. However, if the order has already been processed in the warehouse and is therefore already on its way, it can no longer be cancelled. Please email or call us as soon as you change your mind. We will do our best to help.

Right of withdrawal

The provisions of this article only apply to customers who, in their capacity as consumers, purchase items online from Bivio Medical Our general terms and conditions allow the customer to inform the seller within 14 days of receiving the product that he/she is cancelling the purchase. This without giving any reason.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by ordinary post or by e-mail via an unequivocal statement. The Customer may use the model withdrawal form below for this purpose, but is not obliged to do so.

If you use this option, we will send you an acknowledgement of receipt of your withdrawal on a durable medium without delay.

The direct costs of returning the goods shall be borne by the customer.

If the returned product is somehow reduced in value, Bivio Medical reserves the right to hold the customer liable and claim compensation for any reduction in the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only items in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase may be taken back.

If the customer withdraws from the agreement, Bivio Medical will refund all payments received from the customer up to that point, including the cost of standard delivery charges, to the customer within a maximum of 14 calendar days after Bivio Medical is informed of the customer’s decision to withdraw from the agreement.

In the case of sales contracts, Bivio Medical may wait to refund until it has received all the goods back, or until the customer has proved that he has returned the goods, whichever comes first.

Refunds will be made using the same means of payment with which the customer made the original transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not be charged for such refunds.

Secure payment options

With us, you can pay for your order securely online using various payment methods; all transactions are encrypted via an SSL connection. You will recognise a secure SSL connection by the “lock icon” in your browser.

It is possible to pay with:

iDEAL

Easy online payment in your own familiar environment of your bank, safe payment method of the Netherlands.

Visa, Amex and Mastercard

Easy online payment with credit card Visa, Amex or Mastercard, the secure online payment method recognised worldwide.

SEPA Bank transfer

Pay conveniently by bank transfer. After confirming your order, you can choose to pay by bank transfer. You will then see a screen with a payment request with a unique reference. You can then log in directly to your own familiar banking environment to transfer the amount, or you can choose to send the request to your e-mail first and transfer the amount later.

Klarna – pay afterwards

Klarna offers safe and easy retrospective payment by invoice. This can be done in 14 or 30 days. With Klarna post-pay, we offer a simple and safe payment method and no bank details or card reader are required!
In the order process, choose “Klarna: pay later”, “Klarna: pay now” or “Klarna: pay in 3 parts” as payment method. Fill in your details and complete the order. For the first order, you create a Klarna account, where the name, billing address, date of birth, phone number and e-mail address are entered.
After completing the order, the customer will receive an email with payment request and pay via your preferred method.

SOFORT Banking via Klarna

SOFORT Banking is a European payment method that allows payments and donations to be made. Login to SOFORT Banking pay for your order directly. SOFORT Banking is TÜV certified, this guarantees that it is a secure method of payment.

Bancontact

Belgium’s simple and secure online payment method.

Delivery terms and conditions Bivio Medical BV

Definitions

1. Bivio Medical BV: Bivio Medical BV, established in Grootschermer under KvK no. 85447366.
2. Client: the person with whom Bivio Medical BV has entered into an agreement.
3. Parties: Bivio Medical BV and client together.
4. Consumer: a customer who is also an individual acting as a private person.

Applicability of delivery conditions

1. These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Bivio Medical BV.
2. The parties may deviate from these terms of delivery only if they have expressly agreed to do so in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating general and/or delivery terms and conditions of the customer or third parties.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond to the sample or model.

Consequences of late payment

1.  If the customer does not pay within the agreed period, Bivio Medical BV is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation for damages to Bivio Medical BV.
3. The collection costs will be calculated in accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten.
4. If the customer fails to pay on time, Bivio Medical BV may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Bivio Medical BV’s claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the performance of the agreement by Bivio Medical BV, the customer is still obliged to pay the full agreed price to Bivio Medical BV.

Right of complaint

1. Once the customer is in default, Bivio Medical BV is entitled to invoke the right of complaint in respect of the unpaid products delivered to the customer.
2. Bivio Medical BV invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer is informed of the right of complaint invoked, the customer must immediately return the products to which this right relates to Bivio Medical BV, unless the parties agree otherwise.
4. The cost of retrieving or bringing back the products will be borne by the customer.

Right of withdrawal

1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that: the product has not been used it is not a product that can spoil quickly, such as food or flowersit is not a product that has been customised or adapted especially for the consumerit is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal of the delivered product is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)the product is not a travel, transport ticket, catering order or form of leisure activity the product is not a loose magazine or newspaper it does not concern an (order for) emergency repair the consumer has not waived his right of withdrawal
2. The cooling-off period of 14 days as mentioned in paragraph 1 starts on the day after the consumer has received the last product or part of 1 ordersince the consumer has received the first product in the case of a subscriptionsince the consumer has purchased a service for the first time once the consumer has confirmed that he will purchase digital content via the Internet
3. The consumer can make his recourse to the right of withdrawal known via [email protected], if desiredusing the withdrawal form that can be downloaded from Bivio Medical BV’s website, Biviomedical.com.
4. The consumer is obliged to return the product to Bivio Medical BV within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs of returning the entire order will be borne by the consumer.Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

1. Bivio Medical BV may invoke its right of retention and, in that case, retain products belonging to the customer until the customer has paid all outstanding bills owed to Bivio Medical BV, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Bivio Medical BV.
3. Bivio Medical BV is never liable for any damage that the customer may suffer as a result of the use of its right of retention.

Settlement

Unless the customer is a consumer, the customer waives their right to set off any debt owed to Bivio Medical BV against any claim against Bivio Medical BV.
Retention of title

1. Bivio Medical BV remains the owner of all products delivered until the customer has fully complied with all his payment obligations towards Bivio Medical BV, including claims for failure to fulfil the contract.
2. Until then, Bivio Medical BV may at any time invoke its retention of title and take back the bags.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Bivio Medical BV invokes its retention of title, the agreement is deemed to be dissolved and Bivio Medical BV is entitled to claim damages, lost profits and interest.

Delivery

1. Delivery will take place while stocks last.
2. Delivery takes place at Bivio Medical BV, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Bivio Medical BV has the right to suspend its obligations until the agreed part is still paid.
5. Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery againstBivio Medical BV.

Delivery time

1. The delivery times given by Bivio Medical BV are indicative and, if exceeded, shall not entitle the customer to rescission or compensation unless the parties have expressly agreed otherwise in writing.
2. Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Bivio Medical BV is unable to deliver within 14 days of being given written notice or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Delivery on demand

If the customer has agreed with Bivio Medical BV on delivery on demand, and the customer, without being entitled to do so, has not taken delivery of the goods within the agreed period or, in the absence of an agreed period, not within 3 (three) months after notification of readiness, Bivio Medical BV may cancel or dissolve the agreement concluded with the customer, without Bivio Medical BV being or becoming liable for any compensation and without prejudice to Bivio Medical BV’s right to recover all damage suffered or to be suffered as a result from the customer, who shall be obliged to compensate such damage to Bivio Medical BV.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought into the customer’s control.

Transport costs

Transport costs shall be borne by the customer, unless the parties have agreed otherwise.

Packaging and shipment

1. If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have the forwarding agent or delivery person make a note of this, failing which Bivio Medical BV cannot be held liable for any damage.
2. If the customer transports the product themselves, they must report any visible damage to products or packaging to Bivio Medical BV prior to transport, failing which Bivio Medical BV cannot be held liable for any damage.

Storage

1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late acceptance of products will be borne entirely by the customer.

Warranty

1. The guarantee on products applies only to defects caused by faulty manufacture, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who takes delivery of the product on behalf of the customer.
   Indemnification
4. The customer indemnifies Bivio Medical BV against all third party claims related to the products and/or services provided by BivioMedical BV.

Complaints

1. The customer must examine a product delivered or service provided by Bivio Medical BV for any shortcomings as soon as possible.
2. If a product delivered or service rendered does not meet what the customer could reasonably expect from the agreement, the customer must notify Bivio Medical BV as soon as possible, but in any case within 1 month of discovering the shortcomings.3. Consumers must notify Bivio Medical BV at the latest within 2 months after the discovery of the shortcomings.
3. The customer must provide as detailed a description as possible of the shortcoming so that Bivio Medical BV is able to respond adequately.
4. The client must demonstrate that the complaint relates to an agreement between the parties.6. If a complaint relates to work in progress, this cannot in any case result in BivioMedical BV being obliged to perform work other than that agreed.

Notice of default

1. The customer must give notice of default in writing to Bivio Medical BV.
2. It is the responsibility of the customer that a notice of default actually reaches Bivio Medical BV (on time).

Joint and several liability of the customer
If Bivio Medical BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe Bivio Medical BV under that agreement.

Liability Bivio Medical BV

1. Bivio Medical BV is liable for any damage suffered by the customer only if and to the extent that such damage was caused by intent or deliberate recklessness.
2. If Bivio Medical BV is liable for any damage, it is only liable for direct damage arising from or in connection with the performance of an agreement.
3. Bivio Medical BV is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
4. If Bivio Medical BV is liable, such liability will be limited to the amount paid out by a closed (professional) liability insurance company and, in the absence of (full) payment by an insurance company of the amount of damage, liability will be limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from Bivio Medical BV expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89BW.

Right of rescission

1. The customer has the right to dissolve the agreement if Bivio Medical BV imputably fails to fulfil its obligations, unless such failure, given its special nature or minor importance, does not justify dissolution.
2. If the fulfilment of the obligations by Bivio Medical BV is not permanently or temporarily impossible, dissolution cannot take place until Bivio Medical BV is in default.
3. Bivio Medical BV has the right to dissolve the agreement with the customer if the customer does not comply with its obligations under the agreement in full or in a timely manner, or if Bivio Medical BV becomes aware of circumstances which give it good reason to fear that the customer will not be able to properly fulfil its obligations.

Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Bivio Medical BV in the fulfilment of any obligation towards the customer cannot be attributed to Bivio Medical BV in a situation independent of the will of Bivio Medical BV, as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Bivio Medical BV.
2. The force majeure situations referred to in paragraph 1 also include – but are not limited to – the following: state of emergency (such as civil war, revolt, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs which prevents Bivio Medical BV from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Bivio Medical BV can fulfil them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
5. In a force majeure situation, Bivio Medical BV is not liable to pay any (compensation), even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement for its execution, it appears necessary to amend or supplement its content, the parties shall amend the agreement accordingly in good time and by mutual agreement.

Amendment of terms of delivery

Bivio Medical BV is entitled to amend or supplement these terms of delivery.2. Changes of minor importance may be made at any time.3. Major substantive changes will be discussed by Bivio Medical BV as far as possible in advance with the customer.4. A consumer is entitled to terminate the agreement in the event of a material change to the delivery conditions.

Transfer of rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Bivio Medical BV.2. This provision applies as a clause with effect under property law as referred to in Article 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

Should one or more provisions of these terms of delivery prove to be void or voidable, this shall not affect the other provisions of these terms.2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Bivio Medical BV had in mind when drafting the conditions on that point.

Applicable law and competent court

These terms of delivery and any agreement between the parties shall be governed exclusively by Dutch law.2. The Dutch court in the district where Bivio Medical BV has its registered office shall have exclusive jurisdiction to take cognisance of any disputes between the parties, unless otherwise required by mandatory law.

Conditions of delivery

These delivery conditions are applicable since 01 June 2022.

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