Introduction

Below you will find our General Terms and Conditions. These always apply when you use our Website or place an order through it and contain important information for you as a buyer. Therefore, please read these General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

Dovital: established in Herselt and trading under the name Dovital.
Website: Dovital’s website, accessible via dovital.nl and all associated subdomains.
Customer: the natural person or legal entity, whether or not acting in the course of a profession or business, who enters into an Agreement with Dovital and/or has registered on the Website.
Agreement: any arrangement or agreement between Dovital and the Customer, of which these General Terms and Conditions form an integral part.
General Terms and Conditions: these General Terms and Conditions.

Applicability of the General Terms and Conditions

1. These General Terms and Conditions apply to all offers, agreements and deliveries of Dovital, unless expressly agreed otherwise in writing.

2. If the Customer includes provisions or conditions in their order, confirmation or message of acceptance that deviate from, or are not included in, these General Terms and Conditions, these shall only be binding on Dovital if and insofar as they have been expressly accepted by Dovital in writing.

3. In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, those conditions shall also apply; however, in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favorable to them.

Prices and information

1. All prices stated on the Website and in other materials originating from Dovital include VAT and, unless otherwise stated on the Website, other levies imposed by the government.

2. If shipping costs are charged, this will be stated clearly and in good time before the Agreement is concluded. In addition, these costs will be shown separately during the ordering process.

3. The content of the Website has been compiled with the utmost care. However, Dovital cannot guarantee that all information on the website/newsletter is correct and complete at all times. All prices and other information on the Website and in other materials originating from Dovital are therefore subject to obvious programming and typographical errors. We would also like to point out that price changes and errors are reserved.

4. Dovital cannot be held responsible for (color) deviations resulting from screen quality.

Conclusion of the Agreement

1. The Agreement is concluded at the moment the Customer accepts Dovital’s offer and complies with the conditions set by Dovital in that regard.

2. If the Customer has accepted the offer electronically, Dovital will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.

3. If it appears that incorrect details were provided by the Customer when accepting or otherwise entering into the Agreement, Dovital has the right to fulfill its obligations only after the correct details have been received.

4. Within the legal framework, Dovital may investigate whether the Customer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the Agreement. If, on the basis of this investigation, Dovital has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.

Registration

1. To make optimal use of the Website, the Customer can register via the registration form / account sign-up option on the Website.

2. During the registration procedure, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently secure password.

3. The Customer must keep their login details—username and password—strictly confidential. Dovital is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is indeed that Customer. Everything that happens via the Customer’s account falls under the Customer’s responsibility and risk.

4. If the Customer knows or suspects that their login details have fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or notify Dovital thereof, so that Dovital can take appropriate measures.

Performance of the Agreement

1. As soon as the order has been received by Dovital, Dovital will send the products as soon as possible, subject to the provisions of paragraph 3 of this Article.

2. Dovital is entitled to engage third parties in the performance of the obligations arising from the Agreement.

3. The Website clearly describes, in good time before the Agreement is concluded, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any event be delivered within 30 days.

4. If Dovital cannot deliver the products within the agreed period, it will inform the Customer accordingly. In that case, the Customer may agree to a new delivery date or will be given the opportunity to dissolve the Agreement free of charge.

5. Dovital recommends that the Customer inspect the delivered products and report any defects found within a reasonable time, preferably in writing or by e-mail. See also the Article regarding warranty and conformity.

6. Once the products to be delivered have been delivered to the specified delivery address, the risk with respect to these products passes to the Customer. If expressly agreed otherwise, the risk passes to the Customer at an earlier time. If the Customer decides to collect the products, the risk passes upon transfer of the products.

7. Dovital is entitled to deliver a similar product of similar quality to the product ordered if the ordered product is no longer available. In that case, the Customer is entitled to dissolve the Agreement free of charge and return the product free of charge.

Right of withdrawal/returns

1. The Customer has the right to dissolve the Agreement concluded at a distance with Dovital within 14 calendar days after receipt of the product, without stating reasons, free of charge. The period starts on the day after the Customer, or a third party designated by them in advance who is not the carrier, has received the product, or:

   • if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, has received the last product

   • if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by them, has received the last shipment or the last part

   • in the case of agreements for regular delivery of products over a certain period: the day on which the Customer, or a third party designated by them, has received the first product.

2. Only the direct costs for the return shipment are at the Customer’s expense. The Customer must therefore bear the return costs themselves. If these costs are higher than the regular postal rate, Dovital will provide an estimate of these costs.

3. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer if the entire order is returned.

4. During the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The Customer will only open the packaging and use the product to the extent necessary to assess the nature, characteristics and functioning of the products. The guiding principle is that this inspection may not go further than what the Customer would be able to do in a physical store. Specifically for Customers acting in the course of their profession or business, products can only be returned unused and in unopened packaging.

5. The Customer is only liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.

6. The Customer may dissolve the Agreement in accordance with paragraph 1 within the period stated in this Article by sending the model withdrawal form (digitally) to Dovital, or by otherwise clearly informing Dovital that they wish to withdraw from the purchase. In the event of a digital notification, Dovital will confirm receipt of that notification. After dissolution, the Customer has a further 14 days to return the product. It is also possible to return the product directly within the reflection period stated in paragraph 1 of this Article, provided that the model withdrawal form or other clear statement of withdrawal is enclosed.

7. Products can be returned to:

   Dovital
   Wolfsdonksesteenweg 83
   2230 Herselt
   Belgium

8. Amounts already paid (in advance) by the Customer will be refunded as soon as possible, but no later than 14 days after dissolution of the Agreement, to the Customer in the same manner as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Dovital does not have to refund the additional costs for the more expensive method.

9. Unless Dovital offers to collect the product itself, Dovital may wait to refund until it has received the product or until the Customer provides proof that they have returned the product, whichever occurs first.

10. The Website clearly states, in good time before the Agreement is concluded, information on whether or not the right of withdrawal applies and any desired procedure.

11. The right of withdrawal does not apply to:

    • Products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Payment

The Customer must make payments to Dovital using the payment methods indicated during the ordering procedure and, where applicable, on the Website. Dovital is free to choose which payment methods to offer, and these may also change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Warranty and conformity

1. This article applies only if the Customer is not acting in the course of their profession or business. If Dovital provides a separate warranty on the products, then, without prejudice to the foregoing, this applies to all types of Customers.

2. Dovital guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If specifically agreed, Dovital also guarantees that the product is suitable for uses other than normal use.

3. A warranty provided by Dovital, the manufacturer or the importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.

4. If the delivered product does not comply with the Agreement, the Customer must notify Dovital within a reasonable period after discovering the defect.

5. If Dovital deems the complaint to be justified, the relevant products will, after consultation with the Customer, be repaired, replaced or reimbursed. The maximum reimbursement is, subject to the Article regarding liability, equal to the price paid by the Customer for the product.

Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual consultation, a dispute arises that is eligible for dispute resolution.

5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur, and for complaints that cannot be resolved by mutual consultation, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached thereafter, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee in question.

6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Liability

1. This Article applies only if the Customer is a natural person or legal entity acting in the course of their profession or business.

2. Dovital’s total liability towards the Customer for attributable failure in the performance of the Agreement is limited to compensation of a maximum of the amount of the price agreed for that Agreement (including VAT).

3. Dovital’s liability towards the Customer for indirect damage, including in any case—but expressly not limited to—consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.

4. Outside the cases mentioned in the previous two paragraphs of this Article, Dovital has no liability whatsoever towards the Customer for damages, regardless of the grounds on which an action for damages would be based. However, the limitations mentioned in this Article lapse if and insofar as the damage is the result of intent or gross negligence on the part of Dovital.

5. Dovital’s liability towards the Customer for attributable failure in the performance of an agreement arises only if the Customer promptly and properly gives Dovital written notice of default, thereby setting a reasonable period to remedy the failure, and Dovital continues to fall short in the performance of its obligations after that period. The notice of default must contain as detailed a description as possible of the failure, so that Dovital is able to respond adequately.

6. A condition for the creation of any right to compensation is always that the Customer reports the damage to Dovital in writing as soon as possible, but no later than within 30 days after it arises.

7. In the event of force majeure, Dovital is not obliged to compensate any damage incurred by the Customer as a result.

Personal data

Dovital processes the Customer’s personal data in accordance with the privacy statement published on the website.

Final provisions

1. Dutch law applies to the Agreement.

2. Insofar as mandatory rules of law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Dovital is established.

3. If a provision in these General Terms and Conditions proves to be void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, giving effect, as far as legally possible, to the intent of the original provision.

4. The term “written" in these General Terms and Conditions also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If, after reading these General Terms and Conditions, you have any questions, complaints or comments, please feel free to contact us in writing or by e-mail.