General terms and conditions IZI BodyCooling.com B.V.

IZI BodyCooling.com B.V. is established in Beek-Ubbergen, The Netherlands (PO Box 15, 6573 ZG, The Netherlands) hereafter referred to as IZI.

Article 1. Definitions

In these general conditions the seller is referred to as IZI.

These conditions are applicable for each offer and each contract between IZI and a Buyer in which case IZI referred to these general conditions unless agreed in writing otherwise.
These conditions are also applicable for each contract with IZI and for the implementation of which third parties must be involved.

All offers are without engagement and valid for 30 days, unless stated otherwise.
In contrast of what has been defined in article 6:225 of the Civil Code, IZI is not bound to the acceptance of an offer or order confirmation of IZI in which the potential Buyer caused the deviation.
The in offers or order confirmation from IZI mentioned delivery terms or terms for other performances taken care of by IZI are global and informative; failure to meet the mentioned delivery term does not allow the buyer request revendication on damages or dissolution.
The price mentioned by IZI are, unless mentioned otherwise based on implementation during normal work hours and excl. transport and delivery costs and taxes (incl. VAT).
IZI is only kept to her offer if a potential Buyer accept the offer by a written confirmation within 30 days of the offer. The prices mentioned in the offer are excl. VAT, unless stated otherwise.

The Buyer is obligated to accept the goods at the moment of delivery or at the moment that these goods according to the contact are made available to him.
If the Buyer does not accept the goods or is negligent with providing information or instructions necessary for delivery, the goods will be stored for risk of the Buyer. The Buyer will be responsible for all additional costs including the costs for storage.

The delivery term mentioned by IZI is an indication and never a fatal deadline.
If delivery has not taken place with a reasonable time the Buyer needs to inform IZI in writing that IZI did not fulfill the obligations and give IZI a reasonable time limit in which IZI can comply with their obligations.
The delivery term mentioned by IZI starts after IZI has received all necessary information.

If a delivery product or material shows a manufacturing fault the Buyer has the right to a redress. IZI has the option to replace the product if redress is not an option. The Buyer has only the right to replacement if redress is not possible.
The buyer cannot request guarantee if incurred loss is caused by normal wear, overload or negligent use, incorrect treatment or not following instructions.
IZI reserves the right to reject responsibility when others then IZI service persons have repaired the product.
The Buyer cannot claim redress for damages to the product or injuries from the user or the repairman.
The Buyer cannot claim any guarantee as mentioned in this article before the Buyer has completely paid the invoice sent by IZI.

The delivered goods remain the property of IZI until the buyer has fulfilled all obligations from the purchase contract including full payment.

It is the Buyers responsibility to check all goods when delivered, or as soon as possible after the delivery, and to make sure the delivered goods comply with this agreement.
All visual complaints about the delivered goods are to be communicated 2 days after the delivery in writing or by phone.
All non-visual complaints about the delivered goods are to be communicated 1 days after they are discovered within 1 week after the delivery in writing or by phone.
Even if a claim is filed the obligation to pay the invoice for the goods as delivered remains.
Goods can only be returned after permission by IZI.

Unless explicitly mentioned otherwise the price mentioned by IZI applies.
If IZI and a buyer agree on a price, IZI has the right to increase the price if IZI can identify that between the moment of offer and the delivery significance increase of prices of raw materials, currencies/salaries or other unexpected circumstances.
If the price is increased by more than 10% the buyer has the right to dissolve the purchase contract.

General term of payment is 14 days from the date of invoice. Payment should be made in the currency and manner indicated by IZI’s invoice.
Payment should be made without discount or settlement.
Every agreement of purchase and sale is made contract under the suspensive condition that the counterparty proves to be solvent after inquiring information. At any time the supplier has the right to request a warranty in her pleasure, whether or not in the form of an irrevocable letter of credit or bank guarantee letter-to requirements for the timely and full payment of his payment as well as other obligations.

If a Buyer is in payment default then all judicial and non-judicial costs are charged to the buyer.
If IZI identifies that IZI incurred additional expenses, which were reasonable and necessary, these costs will be eligible for compensation.

IZI is only liable towards the Buyer in the following case:

Damages caused by lacks of the goods as delivered IZI is only liable as mentioned in article 6 (warranty) of these conditions.
IZI is only liable for damages caused by set-up or failure by IZI or her inferiors.

In case of litigation, only Dutch law will be applicable.