The following definitions apply in these terms and conditions:
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement whereby the consumer has products, digital content
and / or acquires services in connection with a distance agreement and these matters, digital content
and / or services are provided by the entrepreneur or by a third party on the basis of a
agreement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his
commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods and services
and / or digital content during a certain period;
7. Sustainable data carrier: every tool – including e-mail – that the consumer
or enables the entrepreneur to save information that is addressed to him personally on one
way that future consultation or use during a period that is aligned with the purpose
for which the information is intended, and that unaltered reproduction of the stored information
8. Right of withdrawal: the possibility for the consumer to withdraw from the
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and
offers products, (access to) digital content and / or remote services to consumers;
10. Distance contract: an agreement that becomes between the entrepreneur and the consumer
concluded within the framework of an organized system for distance selling of products,
digital content and / or services, up to and including the conclusion of the agreement exclusively or
co-use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European form included in Appendix I of these terms and conditions
model form for cancellation;
12. Technology for distance communication: means that can be used for closing
an agreement, sun
Article 2 – Identity of the entrepreneur
Name: Star Remedies B.V.
Registered office: Haarlemmermeer
Business address: Sloterweg 150 1171 CV Bahoevedorp
Visiting address: Sloterweg 150 1171 CV Bahoevedorp
Telephone numbers: +31 (0) 20 659 3228 & amp; +31 (0) 20 659 7332 – Mon-Fri: 9 am – 5 pm
Email address: firstname.lastname@example.org
Chamber of Commerce number: 34097765
VAT identification number: NL8142.68.833.B01
If the entrepreneur’s activity is subject to a relevant licensing system: the
information about the supervisory authority;
If the entrepreneur carries out a regulated profession:
– the professional association or organization to which it is affiliated;
– the professional title, the place in the EU or the European Economic Area where it is awarded;
– a reference to the professional rules that apply in the Netherlands and instructions where
and how these professional rules are accessible.
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every tot
distance agreement concluded between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of this general
conditions made available to the consumer. If this is not reasonably possible,
the entrepreneur before the distance contract is concluded, indicate how
general terms and conditions can be viewed at the entrepreneur and that they are at the request of the consumer
be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, this may be deviated from the previous paragraph
and before the distance agreement is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such a way that
this can be easily stored by the consumer in a sustainable way
data carrier. If this is not reasonably possible, before the distance agreement
is concluded, indicate where of the general terms and conditions electronically
can be taken and that they are sent electronically or at the request of the consumer
otherwise be sent free of charge.
4. In the event that in addition to these general terms and conditions also specific product or
terms and conditions apply, the second and third paragraphs apply accordingly
application and the consumer can always rely on it in the event of conflicting conditions
the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer has a limited duration or is subject to conditions, this will be
explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
digital content and / or services. The description is sufficiently detailed to be a good one
enable the consumer to evaluate the offer. As the entrepreneur use
makes of images, these are a true representation of the offered
products, services and / or digital content. Obvious mistakes or errors in the offer
do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and
are obligations that are connected to the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of
acceptance by the consumer of the offer and compliance with the stipulations
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
immediately receive the acceptance of the offer electronically. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will find appropriate technical and
he organizes organizational measures to protect the electronic transfer of data
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
take appropriate security measures.
4. The entrepreneur can – within the law – inform himself or the consumer about
payment obligations, as well as of all those facts and factors that are important to
entering into the distance agreement responsibly. If the entrepreneur based on
this investigation has good reason not to enter into the agreement, he is entitled
motivated to refuse an order or request or to implement special conditions
5. The entrepreneur will at the latest on delivery of the product, service or digital content to the
consumer the following information, in writing or in such a way that it is provided by the consumer on
an accessible way can be stored on a durable data carrier, send:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints goes
b. the conditions under which and the way in which the consumer uses the right of withdrawal
can make a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; to the extent that
the costs of delivery apply; and the method of payment, delivery or implementation of the
e. the requirements for canceling the agreement if the agreement has a duration of
is more than one year or indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first
Article 6 – Right of withdrawal
1. The consumer may enter into an agreement regarding the purchase of a product during
dissolve a consideration period of at least 14 days without giving reasons. The entrepreneur may
ask the consumer for the reason for withdrawal, but not for stating his reason (s)
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or beforehand by the
third party, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
entrepreneur may, provided that he is clear to the consumer prior to the ordering process
informed about an order of several products with different ones
refuse delivery time.
b. if the delivery of a product consists of different shipments or parts: the day
on which the consumer, or a third party designated by him, the last shipment or the last
c. for agreements for regular delivery of products during a certain period:
the day on which the consumer, or a third party designated by him, has the first product
For services and digital content that is not supplied on a tangible medium:
3. The consumer may have a service agreement and an agreement for digital delivery
Content that has not been delivered on a tangible medium for at least 14 days without specification
dissolve reasons. The entrepreneur may ask the consumer about the reason for withdrawal,
but do not oblige them to state their reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended consideration period for products, services and digital content that is not on a material medium
supplied with not informing about the right of withdrawal:
5. If the entrepreneur gives the consumer the legally required information about the right of withdrawal or
has not provided the model withdrawal form, the cooling-off period ends twelve months after
the end of the original, determined in accordance with the preceding paragraphs of this Article
6. If the entrepreneur has the information referred to in the previous paragraph to the consumer
provided within twelve months after the starting date of the original cooling-off period expires
the reflection time 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He
will only unpack or use the product to the extent required by its nature, characteristics
and to determine the operation of the product. The starting point here is that the consumer
product may only handle and inspect as it should in a store.
2. The consumer is only liable for value reduction of the product that results
of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product as the entrepreneur
not before or at the conclusion of the agreement all legally required information about it
has provided the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period
by means of the model form for withdrawal or in another unambiguous manner to the
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
the consumer returns the product, or hands it to (an authorized person of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
The consumer has in any case complied with the return period if he returns the product
before the reflection time has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in original condition and packaging, and in accordance with the reasonable and provided by the entrepreneur
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the
5. The consumer bears the direct costs of returning the product. As the
entrepreneur has not reported that the consumer must bear these costs or as the entrepreneur
indicates to bear the costs themselves, the consumer does not have to bear the costs for return.
6. If the consumer cancels after first explicitly requesting that the transaction be executed
service or the supply of gas, water or electricity that are not made ready for sale in one
limited volume or certain quantity starts during the cooling-off period, the consumer is the
entrepreneur owes an amount that is proportional to that part of the commitment that is due
the entrepreneur complied with at the time of withdrawal compared to the full one
fulfillment of the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or
electricity that is not made ready for sale in a limited volume or quantity, or up to
supply of district heating if:
the entrepreneur the consumer the legally required information about the right of withdrawal, the
reimbursement of costs in the event of cancellation or the model form for cancellation, or;
b. the consumer not explicitly about the start of the performance of the service or delivery of
gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of not to one
digital content provided by the material carrier, if:
a. he did not explicitly agree to the commencement of
compliance with the agreement before the end of the reflection period;
b. he has not acknowledged that he has lost his right of withdrawal when granting his permission; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional
agreements terminated by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the withdrawal notification by the consumer possible electronically
, he will immediately send a confirmation of receipt upon receipt of this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs
charged by the entrepreneur for the returned product, immediately but within
14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur
offers to collect the product himself, he may wait to pay back until he has the product
or until the consumer demonstrates that he has returned the product, whichever
3. The entrepreneur uses the same payment method that the consumer used for reimbursement,
unless the consumer agrees with another method. The reimbursement is free of charge for the
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to return the additional costs for the more expensive method
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the trader clearly at the offer, at least in time for the conclusion of the agreement,
1. Products or services whose price depends on fluctuations in the financial market
over which the entrepreneur has no influence and who can do so within the withdrawal period
2. Agreements concluded during a public auction. Under a public auction
means a sales method in which products, digital content and / or services are supplied by the
entrepreneur are offered to the consumer who is personally present or the opportunity
gets to be present in person at the auction, led by an auctioneer, and where the
successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur the
fully implemented the agreement;
4. Service contracts for the provision of accommodation, as in the contract
a certain date or period of execution is provided and other than for residential purposes,
freight transport, car rental services and catering;
5. Agreements related to leisure activities, if a specific date in the agreement
whether the implementation period is foreseen;
6. Products manufactured to consumer specifications that are not prefabricated and
that are manufactured on the basis of an individual choice or decision of the consumer, or that
clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and the seal of which has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages the price of which was agreed at the conclusion of the agreement,
but whose delivery can only take place after 30 days, and whose actual value
is dependent on market fluctuations over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which is after
delivery has been broken;
12. Newspapers, magazines or magazines, with the exception of subscriptions to them;
13. The delivery of digital content other than on a material medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the validity period stated in the offer, the prices of the offered
products and / or services not increased, except for price changes as a result of changes
in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
offering variable prices. This commitment to fluctuations and the fact that
any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only
allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract with effect from the day
which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
Article 12 – Compliance with agreement and extra guarantee
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the
specifications specified in the offer, to the reasonable requirements of reliability and / or usability
and the legal provisions existing on the date of the conclusion of the agreement
and / or government regulations. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that consumers have under the
agreement to the entrepreneur can apply if the entrepreneur has failed
in the fulfillment of his part of the agreement.
3. An additional guarantee means every commitment of the entrepreneur, his supplier,
importer or producer in which he grants the consumer certain rights or claims that
go beyond what is legally required in the event of failure to comply
of his part of the agreement.
Article 13 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving it
and in the execution of product orders and in the assessment of applications up to
provision of services.
2. The place of delivery is the address that the consumer has known to the entrepreneur
3. Taking into account what is stated in this regard in Article 4 of these general terms and conditions,
the entrepreneur will accept accepted orders with due speed but at the latest within 30 days
unless a different delivery period has been agreed. If the delivery is delayed
or if an order cannot or only partially be executed,
the consumer receives notification of this no later than 30 days after he has placed the order. The
in that case the consumer has the right to terminate the agreement without costs and is entitled to
on possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid
5. The risk of damage and / or loss of products rests with the entrepreneur
time of delivery to the consumer or a pre-designated and to the entrepreneur
announced representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
1. The consumer may enter into an agreement that has been entered into for an indefinite period of time and that extends to it
regular delivery of products (including electricity) or services, at all times
cancel with due observance of the agreed cancellation rules and a cancellation period
of one month at most.
2. The consumer may enter into a contract that has been entered into for a definite period and that extends to it
regular delivery of products (including electricity) or services, at all times against
cancel the end of the specified duration with due observance of the agreements made for this purpose
cancellation rules and a cancellation period of one month at most.
3. The consumer can the agreements mentioned in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a
– cancel at least in the same way as they are entered into by him;
– always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products (including electricity) or services, may not be tacitly extended or
renewed for a specific duration.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time may be
extends to the regular delivery of daily, news and weekly newspapers and magazines tacitly
be extended for a specified duration of up to three months, if the consumer so
can terminate the extended agreement at the end of the extension with a notice period
of one month at most.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products or services, may only be tacitly renewed indefinitely if the
the consumer may cancel at any time with a notice period of at most one month. The
notice period is at most three months in case the agreement extends to settled, but
less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily news items
weekly newspapers and magazines (trial or introductory subscription) will not be tacit
continued and ends automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may after a year
cancel the agreement at any time with a notice period of at most one month, unless the
reasonableness and fairness against cancellation before the end of the agreed duration
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the by
Amounts owed to the consumer must be paid within 14 days after the commencement of the
cooling-off period, or in the absence of a cooling-off period within 14 days after the closing of the
agreement. In the case of an agreement to provide a service, this period starts
on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may enter into general terms and conditions
never be obliged to pay more than 50% in advance. When prepayment is
stipulated, the consumer cannot assert any rights regarding the implementation of the
relevant order or service (s), before the stipulated advance payment
3. The consumer has the duty to correct inaccuracies in payment data provided or specified without delay
to report to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, this will be after he has received the
The entrepreneur was reminded of the late payment and the entrepreneur the consumer a period of 14
days to meet its payment obligations after the absence of
payment within this 14-day period, the legal interest on the outstanding amount
due and the entrepreneur is entitled to the extrajudicial made by him
to charge collection costs. These collection costs amount to a maximum of: 15%
outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the
next € 5,000 with a minimum of € 40. The entrepreneur can benefit the
consumers deviate from the stated amounts and percentages.
Article 16 – Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints
the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be made promptly after the consumer
has found the defects, fully and clearly described and submitted to the
3. Complaints submitted to the entrepreneur will be calculated within a period of 14 days from
answered the date of receipt. As a complaint, a foreseeable longer processing time
is answered by the entrepreneur within a period of 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be
submitted via a complaint form on the consumer page of the Stichting website
Webshop Keurmerk (http://keurmerk.info/Home/MisOFFOfKlacht) The complaint is then sent to both
the relevant entrepreneur as sent to Stichting Webshop Keurmerk.
5. If the complaint is not made within a reasonable time or within 3 months after submitting
the complaint can be solved in mutual consultation, a dispute arises that is susceptible to the
Article 17 – Disputes
1. On agreements between the entrepreneur and the consumer on which these general terms and conditions
only Dutch law applies.
2. Disputes between the consumer and the entrepreneur about the creation or implementation of
agreements with regard to products to be delivered or delivered by this entrepreneur and
services, may, with due observance of the provisions below, be both by the consumer and the
entrepreneurs are presented to the Webshop Disputes Committee, PO Box 90600, 2509 LP
in The Hague (www.sgc.nl).
3. A dispute will only be processed by the Disputes Committee if the
the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the
Disputes committee to be brought.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is
bound to this choice. When the entrepreneur wants to do that, the consumer will within five
weeks after a written request to that effect by the entrepreneur, must be submitted in writing
speak whether he also wants this or have the dispute dealt with by the competent person
judge. Does the entrepreneur not hear of the consumer’s choice within the five-week period?
then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the
Regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop).
The decisions of the Disputes Committee are made by way of
7. The Disputes Committee will not deal with a dispute or discontinue treatment if the
Entrepreneur has been granted suspension of payment, has been or is in bankruptcy
has actually terminated its business activities before a dispute is heard by the committee
treated and a final judgment has been given.
8. If, in addition to the Webshop Disputes Committee, another recognized person or at the Foundation
Consumer Affairs Disputes Committees (SGC) or the Financial Complaints Institute
Services (Kifid) affiliated disputes committee is competent for disputes
mainly the method of selling or providing remote services to the Disputes Committee
Stichting Webshop Keurmerk preferably authorized. For all other disputes, the other recognized ones
disputes committee affiliated with SGC or Kifid.
Article 18 – Industry guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding recommendations of the
Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides
to submit a binding opinion to the court for review within two months of being sent
to lay. This guarantee revives if the binding advice is upheld after review by the court
has remained and the judgment evidencing this has become final. Up to one
amount of € 10,000 per binding recommendation, this amount is approved by Stichting Webshop Keurmerk
paid to the consumer. For amounts greater than € 10,000 per binding recommendation, € 10,000 will be charged
paid out. Stichting Webshop Keurmerk has an obligation to perform to the best of its ability
ensure that the member complies with the binding advice.
2. The application of this guarantee requires that the consumer makes a written appeal to it
at Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting
Webshop Hallmark. If the claim on the entrepreneur exceeds € 10,000, the
the consumer offered his claim insofar as it exceeds the amount of € 10,000
to contribute to Stichting Webshop Keurmerk, after which this organization in its own name and costs
payment for this will require payment to the consumer.
Article 19 – Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be at the expense
of the consumer and must be recorded in writing or in such a way that it
can be stored in an accessible way by the consumer in a sustainable way
Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions unless in consultation with the
2. Changes to these terms and conditions are only effective after they have been made in the appropriate manner
have been published, with the proviso that in the event of applicable changes during the term of
an offer that is most favorable to the consumer will prevail.
GENERAL CONDITIONS – STAR REMEDIES B.V.
Article 1 DEFINITIONS
The following definitions apply in these terms and conditions:
Article 2 APPLICABILITY
These terms and conditions are part of all offers from, order confirmations from and agreements with Star Remedies B.V. (hereinafter referred to as “Star Remedies”). Deviations from any provision of these general terms and conditions must be agreed in writing between the parties. If any provision of these general terms and conditions appears to be invalid for any reason whatsoever, the remaining provisions of the terms and conditions will remain in full force.
Article 3 OFFERS
All offers remain valid for a period to be specified by Star Remedies. In the absence of a term, the offer is valid for 7 days, after which the offer has expired.
Article 4 AGREEMENT
4.1 Subject to the provisions below, an agreement will only be concluded after Star Remedies has explicitly accepted or confirmed an order in writing or via electronic means. The offer or order confirmation is deemed to represent the agreement correctly and completely.
4.2 Any additional (verbal) agreements or changes and / or promises made by Star Remedies or by its sellers, agents, representatives or other intermediaries on behalf of Star Remedies only bind Star Remedies only if confirmed in writing by Star Remedies.
4.3 In the absence of an offer or order confirmation, the invoice will be considered as order confirmation. In that case, the invoice is deemed to represent the agreement correctly and completely.
4.4 Each agreement is entered into under the suspensive condition that the Counterparty – exclusively at the discretion of Star Remedies – appears to be sufficiently creditworthy for the financial performance of the agreement.
4.5 Star Remedies is entitled, prior to or after concluding the agreement, before (further) performance, to demand security from the Other Party that both payment and other obligations under the agreement will be met.
Article 5 PRICES
All quotations on the website and in a catalog are subject to price changes, excluding VAT and other government levies, and excluding transport and packaging costs, unless explicitly stated otherwise.
Article 6 DELIVERY AND DELIVERY TIME
6.1 Delivery takes place “Ex Works” (EXW) in the sense of the Incoterms 2015, unless otherwise agreed.
6.2 The Other Party is obliged to check the Product immediately upon delivery for any defects, or to perform this check immediately after notification by Star Remedies that the Product is available to the Other Party.
6.3 Any defects in the Product that are present upon delivery must be stated by the Other Party on the delivery note, the invoice and / or the transport documents, failing which Star Remedies will no longer have to deal with complaints in this regard.
6.4 Star Remedies is entitled to deliver a Product in parts. In the event of partial deliveries, Star Remedies is entitled to separately invoice those partial deliveries of the Product to the Other Party.
6.5 The specified delivery times are approximate and are not binding on Star Remedies.
6.6 Exceeding the delivery time does not oblige Star Remedies to any (damage) compensation to the Other Party. After the delivery time has been exceeded, the Other Party may give Star Remedies written notice of default, stating a last reasonable delivery time of at least 7 days. After the reasonable term has expired, the Other Party has the right to terminate the agreement in Writing, unless the cause of the delivery time being exceeded cannot be attributed to Star Remedies.
6.7 If the Other Party refuses to cooperate in the delivery of the Product, the Other Party is obliged to pay compensation to Star Remedies amounting to 15% of the invoice amount of the Product. Star Remedies is also entitled to store the Product (or have it stored) at the expense and risk of the Other Party.
Article 7 FORCE MAJEURE
7.1 Force majeure in these general terms and conditions is understood to mean any circumstance independent of the will of Star Remedies – even if this was already foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement, including but not limited to includes: strike, excessive absenteeism of staff of Star Remedies, transport difficulties, fire, government measures (such as import and export prohibitions and quotas), business disruptions at Star Remedies, breach of obligations by suppliers of Star Remedies so that Star Remedies no longer fulfills its obligations towards the Other Party (more ) and other serious malfunctions in the company of Star Remedies or its suppliers.
7.2 If a force majeure situation occurs, Star Remedies is entitled to (partially) suspend or partially dissolve the agreement.
7.3 Star Remedies is also entitled to invoke force majeure if the circumstance that constitutes the force majeure occurs after Star Remedies should have delivered the Product.
Article 8 LIABILITY
8.1 Except for intent or deliberate recklessness, all liability of Star Remedies, such as for company damage, lost profit, stagnation and other indirect damage, as well as damage as a result of liability towards third parties, is excluded.
8.2 Furthermore, Star Remedies is not liable for damage caused by improper use of the Product or by its use for a purpose other than that for which it is suitable according to objective standards.
8.3 The Other Party is obliged to indemnify Star Remedies or to compensate them for all claims from third parties for compensation for damage, for which the liability of Star Remedies in these general terms and conditions in relation to the Other Party is excluded.
8.4 If Star Remedies cannot claim the above limitations of liability, the liability of Star Remedies, insofar as it is covered by its (liability) insurance, is limited to the amount paid out by the insurer. At the request of the Other Party, Star Remedies provides information up to which amount Star Remedies is insured. If the insurer does not pay out in any case or damage is not covered by the insurance, the liability of Star Remedies is limited to a maximum of the full purchase price of the Product.
Article 9 COMPLAINTS
9.1 Without prejudice to the provisions of articles 6.2 and 6.3 of these general terms and conditions, all complaints must be submitted to Star Remedies in writing within 7 days after delivery of the Product, stating the nature and grounds of the complaint.
9.2 Complaints regarding hidden defects (non-visible defects upon delivery) are subject to a deadline of two months after delivery, while these complaints must be submitted to Star Remedies in writing within 7 days of finding the hidden defect.
9.3 After the expiry of the periods stated in articles 9.1 and 9.2 of these general terms and conditions, the Other Party is deemed to have approved the Product. In that case, complaints will no longer be handled by Star Remedies by the Other Party.
9.4 If the complaint is found to be justified by Star Remedies, Star Remedies is only obliged to replace the defective Product or to supplement any shortage.
9.5 Submitting a complaint will never release the Other Party from its payment obligations towards Star Remedies.
9.6 The Product can only be returned by the Other Party after prior written permission from Star Remedies and under conditions to be determined by Star Remedies.
Article 10 WARRANTY
Guarantee on the Product supplied by Star Remedies that Star Remedies has purchased elsewhere, is only given to the Other Party insofar as the supplier of Star Remedies has provided this guarantee to Star Remedies.
Article 11 PAYMENT
11.1 Payment must be made by crediting the amount to a bank account designated by Star Remedies within 14 days of the invoice date. The payment term is a strict deadline.
11.2 Payment by the Other Party must be made without any deduction or set-off.
11.3 Star Remedies is, without prejudice to the right to reimbursement of costs, interest and / or damage, entitled to (i) terminate the agreement in Writing or (ii) any amount
that the Counterparty owes Star Remedies on the basis of the Product delivered by Star Remedies directly and fully to claim and reclaim if:
11.4 From the moment that the payment term has expired and the owed party has not paid Star Remedies on time, Star Remedies is entitled to dissolve the agreement in whole or in part without further notice of default.
Article 12 INTEREST AND COST
12.1 If payment by the Other Party to Star Remedies has not been made on time, the Other Party will be in default by operation of law and the Other Party will owe statutory commercial interest on the outstanding amount of the invoice from the due date of the invoice.
12.2 All judicial and extrajudicial costs that Star Remedies must incur for collection of an invoice after the payment term has expired, are for the account of the Other Party, all with a minimum of 15% of the invoice value including VAT.
Article 13 APPLICABLE LAW
13.1 All offers, order confirmations and agreements to which these general terms and conditions apply are governed by Dutch law.
13.2 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.
Article 14 DISPUTES
All disputes that may arise as a result of an offer, order confirmation and agreement to which these general terms and conditions apply, or as a result of further agreements that are the result thereof, will be submitted to the competent court in Amsterdam.