These terms & conditions were last updated on June 30, 2022

1. Introduction
These terms and conditions apply to this site and to transactions relating to our products and services. You may be bound by additional contracts in connection with your relationship with us or with products or services you receive from us. If provisions of the ancillary contracts conflict with provisions of these terms and conditions, the provisions of those ancillary contracts will prevail.

2. Binding
By registering with, accessing or otherwise using this site, you agree to be bound by the terms and conditions set out below. Use of this site implies that you have read and accept these terms and conditions. In some specific cases, we may also ask you to expressly agree.

3. Electronic communication
By using this site or communicating with us digitally, you agree and acknowledge that we may communicate with you digitally through our site or by sending you an e-mail, and you agree that all agreements, notices, disclosures and other communications that we provide to you digitally comply with all legal requirements, including but not limited to the requirement that such communications be in writing.

4. Intellectual property
We or our licensors own and control all copyright and other intellectual property rights in the Site and the data, information and other resources displayed by or accessible on the Site.

4.1 All rights are reserved

Unless otherwise indicated for specific content, no licence or any other right is granted to you under any copyright, trademark, patent or other intellectual property right. This means that you shall not use, copy, reproduce, perform, display, distribute, incorporate in any electronic medium, modify, reverse engineer, decompile, transmit, download, transmit, monetise, sell, market or commercialise any content on this site in any form without our prior written consent, except and only to the extent otherwise provided by mandatory law (such as the right to quote).

5. Newsletter
Without prejudice to the foregoing, you may forward our newsletter in digital form to others who might be interested in visiting our site.

6. Third party property
Our site may contain hyperlinks or other references to other parties’ sites. We do not control or review the content of sites of other parties linked from this site. Products or services offered by other sites are subject to the applicable terms and conditions of those third parties. The opinions or material on these sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these sites. You bear all risks associated with the use of these sites and any related third-party services. We accept no responsibility for any loss or damage, howsoever arising, resulting from personal data provided by you to third parties.

7. Responsible use
By accessing our site, you agree to use it only for the purposes for which it is intended and as permitted by these terms and conditions, any supplementary contracts with us, and by applicable laws, regulations and generally accepted online practices and guidelines. You may not use our site or services to use, publish or distribute material consisting of (or linked to) harmful computer software; use data from our site for direct marketing activities; or engage in systematic or automated data collection activities on or in connection with our site.

It is strictly prohibited to engage in any activity which causes or may cause damage to the site or which interferes with the operation, availability or accessibility of the site.

8. Registration
You may register for an account on our site. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information or secure access to our site or services with others. You must not allow anyone else to use your account to access the site, as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you discover that your password has been leaked or otherwise inadvertently disclosed to third parties.

After termination of your account, you may not attempt to register a new account without our consent.

9. Refund and return policy
9.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period expires 14 days from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). Our contact information can be found below. You may use the attached model withdrawal form, but this is not obligatory.

If you use this option, we will send you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To comply with the withdrawal period, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

9.2 Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) without delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make such a refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, there is no charge for such a refund.

We will collect the goods.

You will have to bear the direct cost of returning the goods.

You will only be liable for depreciation of the goods resulting from use other than that necessary to establish the nature, characteristics and functioning of the goods.

There are some legal exceptions to the right of withdrawal, and some items can therefore not be returned or exchanged. We will let you know if this applies in your specific case.

10. Submission of ideas
Do not send us ideas, inventions, copyrighted works, or other information that can be considered your own intellectual property unless we have first signed an intellectual property or confidentiality agreement. If you disclose the content to us without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the content in all existing or future media forms.

11. Termination of use
We may, in our sole discretion, at any time, modify or discontinue, temporarily or permanently, access to the Site or any service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuation of your access to or use of the Site or any content you may have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or content that you have contributed or come to rely on are permanently lost. You must not circumvent or attempt to circumvent any access restriction measures on our site.

12. Warranties and liability
Nothing in this clause shall limit or exclude any statutory warranty which it would be unlawful to limit or exclude. This site and all content on the site are provided on an “as is” and “as available” basis and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not warrant that:

this site or our products will meet your requirements;
this site will be available on an uninterrupted, timely, secure or error-free basis;
the quality of any product or service you purchase or obtain through this site will meet your expectations.
Nothing on this site is intended to constitute legal, financial or medical advice of any kind. If you need advice you should consult an expert.

The following provisions of this article apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in cases where this would be unlawful or prohibited. In no event shall we be liable for any direct or indirect damages (including loss of profits or revenue, loss of or damage to data, software or databases, loss of or damage to property or data) incurred by you or any third party arising out of your access to, or use of, our site.

Unless otherwise expressly provided in an additional contract, our maximum liability to you for all damages arising out of or in connection with the site or products and services marketed or sold through the site, regardless of the cause from which such liability may arise, shall be limited to the total price you paid to us to purchase such products or services or to use the site. Such limitation shall apply to all your claims of every kind and nature.

13. Privacy
In order to access our Site and/or Services, you may be asked to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct and up to date.

We take the handling of your personal data seriously and are committed to protecting your privacy. We will not use your e-mail address for unsolicited mail. All emails sent by us to you will only be sent to you in connection with the provision of agreed products or services.

We have developed policies to address all potential privacy concerns. For more information, please see our Privacy Statement and our Cookie Policy.

14. Accessibility
We make efforts to make the content we provide accessible to persons with disabilities. If you have a disability and cannot access any part of our site because of this disability, we ask that you notify us with a detailed description of the problem you experienced. If the problem can be easily identified and resolved using industry-standard information technology and techniques, we will resolve the problem promptly.

15. Export restrictions / Compliance with legislation
Access to the site is prohibited to visitors from territories or countries where the content or purchase of the products or services sold on the site is illegal. You may not use this site in violation of the export laws and regulations of the Netherlands.

16. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in breach of this section is void and invalid.

17. Breaches of these terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently suspending your access to the Site, contacting your internet service provider with a request to block your access to the Site, and/or by taking legal action against you.

18. Force majeure
Except for the obligation to pay a sum of money, no delay, omission or default by either party in performing or complying with any of its obligations under these terms and conditions shall be considered a breach of these terms and conditions if and for so long as such delay, omission or default results from a cause beyond that party’s reasonable control.

19. Indemnification
You agree to indemnify, defend and hold us harmless from and against all claims, liabilities, damages, losses and expenses, relating to your breach of these Terms and applicable laws, including intellectual property rights and privacy rights. You shall promptly indemnify us for our damages, losses, costs and expenses related to or arising from such claims.

20. Waiver
Failure to enforce any of the provisions of these terms and conditions and any other document, or failure to exercise an option to terminate, shall not be construed as a waiver or implied consent, and shall not affect the validity of these terms and conditions or any other agreement or part thereof, or the right to enforce all provisions thereafter.

21. Language
These terms and conditions shall be interpreted and construed exclusively in Dutch. All communications and correspondence shall be conducted solely in that language.

22. Entire agreement
These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and BIVIO Medical with respect to your use of this site.

23. Updating these terms and conditions
We may update these terms and conditions from time to time. You are obliged to check these terms and conditions regularly for changes or updates. The date at the beginning of these terms and conditions is the last revision date. Changes to these terms and conditions will become effective as soon as such changes are posted on this site. Your continued use of this site, following the posting of changes or updates, shall be deemed to constitute notice of your acceptance of compliance with, and be bound by, these terms and conditions.

24. Choice of law and jurisdiction
These terms and conditions are governed by the laws of the Netherlands. All disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the Netherlands. If any part or provision of these terms and conditions is found by a court or other authority to be invalid and/or unenforceable, that part or provision shall be amended, deleted and/or enforced to the maximum extent permitted to give effect to the intention of these terms and conditions. The remaining provisions shall remain unaffected.

25. Contact information
This site is owned and operated by BIVIO Medical.

You may contact us regarding these terms and conditions by writing or emailing us at the following address: moc.lacidemoivib@ofni
Zuideinde 91, 1843 JM, Grootschermer, Municipality of Alkmaar

26. Download
You can also download our terms and conditions as a PDF.