Terms and Conditions

General Terms and Conditions OMTools BV

Article 1. Identity of the entrepreneur

Name: OMTools BV, part of OMT-Holding BV

Street: Patroonsweg 20
Postal code: 3892DB
Place: Zeewolde

Email address: [email protected]

Chamber of Commerce number: 32166066
VAT identification number: NL821843187B01

Article 2. Applicability
2.1 These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all 
offers, orders and agreements from our webshop to the exclusion of any other general terms and 
conditions.
2.2 Accepting an offer or placing an order means that you accept the applicability of these Terms 
and Conditions.
2.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which 
case the remaining provisions will remain fully in force.
2.4 All rights and claims, as stipulated in these Conditions and in any further agreements for 
the benefit of our webshop, are also stipulated for the benefit of intermediaries and other third
 parties engaged by our webshop.

Article 3. Offers / agreements
3.1 All offers from our webshop are without obligation and our webshop explicitly reserves the 
right to change the prices, in particular when this is necessary on the basis of (legal) 
regulations.
3.2 An agreement is only concluded after acceptance of your order by our webshop. 
our webshop is entitled to refuse orders or to attach certain conditions to the delivery, 
unless explicitly stated otherwise. If an order is not accepted, our webshop will inform you of 
this within ten (10) working days after receiving the order.

Article 4. Prices and payments
4.1 The prices stated for the products and services offered are in euros, excluding VAT and 
excluding handling and shipping costs and any taxes or other levies, unless stated otherwise or 
agreed in writing.
4.2 Payment must be made without discount or compensation. The goods will be delivered after the 
full invoice amount has been paid to the account number that appears during the ordering process.
4.3 Payment can be made in (one of) the way (s) as indicated during the ordering process.
4.4 If the prices for the products and services offered increase in the period between the order 
and the execution thereof, you are entitled to cancel the order.

Article 5. Delivery
5.1 The entrepreneur will take the greatest possible care when receiving and implementing orders 
for products and when assessing requests for the provision of services.
5.2 The delivery times specified by our webshop are only indicative. Exceeding any delivery 
period does not entitle you to compensation or the right to cancel your order or to dissolve the 
agreement, unless the delivery period is exceeded in such a way that you cannot reasonably be 
expected to uphold the agreement. In that case you are entitled to cancel the order or terminate 
the agreement to the extent necessary.
5.3 The delivery of the products takes place at the place and time when the products are ready 
for shipment to you.
5.4 You have the right to order up to 14 (calendar) days after receipt without giving a reason
to cancel. You will then receive the full order amount excluding shipping costs credited
14 days if you return the items in good condition. Only the costs for return from your home
to the web store for their own account. If you use your right of withdrawal,
the product with all supplied accessories and - if reasonably possible - in the
original condition and packaging, to be returned to the entrepreneur within 14 days after
registration of the return. To exercise this right you can contact us via
[email protected] or +31 36 5221195. We will then receive the order amount due
Return 14 days after registering your return.

Article 6. Retention of title
6.1 The ownership of delivered products only passes if you have paid everything you owe to our 
webshop on the basis of any agreement. The risk with regard to the products is transferred to you 
at the time of delivery.

Article 7. Complaints and liability
7.1 You have the obligation to examine on delivery whether the products meet the agreement. If 
this is not the case, you must inform our webshop of this in writing and with reasons, as soon as 
possible and in any case within seven (7) working days after the delivery, or at least after 
observation was reasonably possible.
7.2 If it has been demonstrated that the products do not comply with the agreement, our webshop 
has the option of replacing the products concerned with new products upon return or to refund the
 invoice value thereof.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the 
product to our webshop within seven (7) working days after delivery. In this case, return 
shipments will only be accepted if the packaging of the product is undamaged and the possible
 plastic seal on the packaging has not been broken, whereby the costs for return shipments are 
for your account.

Article 8. Orders / communication
8.1 For misunderstanding, mutilation, delays or improper transmission of orders and 
communications as a result of the use of the internet or any other means of communication 
in traffic between you and our webshop, or between our webshop and third parties, 
insofar as it relates to the relationship between you and our webshop, our webshop is not liable,
 unless and insofar as there is intent or gross negligence of our webshop

Article 9. Force majeure
9.1 Without prejudice to the other rights it is entitled to, our webshop has the right, in its
 own choice, to suspend the execution of your order or to dissolve the agreement without judicial 
intervention, by informing you of this in writing. parts and this without our webshop being 
obliged to pay any compensation, unless this would be unacceptable in the given circumstances by 
standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to our webshop, 
because it is not due to its fault and is not for its account under the Act, legal act or 
generally accepted views.

Article 10. Miscellaneous
10.1 If you submit a written address to our web shop with an address, our web shop is entitled to 
send all orders to that address, unless you provide a written address to our web shop from 
another address to which your orders must be sent.
10.2 If deviations from these Terms and Conditions are permitted by our webshop for a short or 
longer period of time, this does not affect its right to demand immediate and strict compliance 
with these Terms and Conditions. You can never assert any right based on the fact that our 
webshop applies these Terms smoothly.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with 
our webshop should conflict with any applicable legal provision, the relevant provision will 
lapse and be replaced by a new legally permissible law to be determined by our webshop. 
similar provision.
10.4 our webshop is authorized to make use of third parties in the execution of your order (s).

Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions 
apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
11.2 All disputes between parties will be submitted exclusively to the competent court in the 
Netherlands.

Article 12. Payment
12.1 Insofar as it has not been agreed later, the amounts owed by the consumer must be paid 
within fourteen days after delivery of the goods or in the case of an agreement to provide a 
service, within 14 days after the delivery of the documents relating to this agreement.
12.2 When selling products to consumers, general terms and conditions may never stipulate an 
advance payment of more than 50%. When prepayment is stipulated, the consumer cannot assert any 
rights regarding the execution of the relevant order or service (s), before the stipulated 
prepayment has been made.
12.3 The consumer has the duty to immediately report inaccuracies in payment data provided or 
stated to the entrepreneur.
12.4 In the event of a default on the part of the consumer, the entrepreneur has the right, 
subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 13. Warranty and liability

13.1 A standard warranty period of 2 years applies to products delivered by OMTools BV.

13.2 If a warranty period of 3 years is to be claimed, these conditions must be met:
a. the instrument must be purchased new from OMTools BV.
b. the purchase invoice must be present
c. the instrument must be calibrated every year, not more than two weeks after the call from 
OMTools BV
d. the instrument may not be calibrated or repaired by third parties
e. if OMTools BV finds that a defect has arisen due to incorrect use, the warranty will lapse

13.3 OMTools BV is never obliged to pay any compensation to the Buyer or others, unless there is 
intent or gross negligence on its part. OMTools BV has no liability whatsoever for consequential 
or commercial damage, indirect damage and loss of profit or turnover.

13.4 If OMTools BV is obliged to compensate for any damage for whatever reason, that compensation 
will never exceed an amount equal to the invoice value with regard to the product or service that 
caused the damage.

13.5 Without prejudice to the provisions of this article, there can be no warranty if the wear 
can be considered normal and further in the following cases: a. If changes have been made to the 
product, including repairs that are not authorized from OMTools BV or the manufacturer;
b. if the original invoice cannot be submitted, has been changed or made illegible;

c. if defects are the result of improper use or improper use;
d. if damage is caused by intent, gross negligence or negligent maintenance.

13.6 The Purchaser is obliged to indemnify OMTools BV from any claim that third parties could
 enforce against OMTools BV with regard to the implementation of the agreement, insofar as the 
law does not prevent the relevant damage and costs from being borne by the Purchaser. must come.

13.7 It is possible that OMTools BV will include links on its website to other websites that may 
be interesting or informative for the visitor. Such links are purely informative. OMTools BV is 
not responsible for the content of the internet site to which reference is made or the use that 
can be made of it.


Article 14. Additional or different provisions

14.1 Additional provisions or provisions deviating from these general terms and conditions may 
not be to the disadvantage of the consumer and must be recorded in writing or in such a way that 
the consumer can store them in an accessible manner on a durable medium.