General terms and conditions

These are the General Terms and Conditions of the private limited company Nobel zorgadvies, also trading under the name 'AfterSurgery', located at Ambachtsweg 85, 2641 KW Pijnacker. 

Definitions 

1. Customer: the person with whom AfterSurgery has entered into a (purchase) agreement.  
2. Parties: AfterSurgery and the counterparty, such as customer or website visitor. 
3. Consumer: a customer who is also an individual and acts as a private person. 
4. Product: a product offered on the website by AfterSurgery, either managed in-house or on behalf of a supplier. Own products include BBL cushions, compression garments under own label, silicone patches, silicone breast inserts, and breast tape. Supplier products include compression garments under another label. 

 Applicability of general terms and conditions 

1. These general terms and conditions apply to all offers, orders, agreements, and deliveries of products by or on behalf of AfterSurgery. 
2. These general terms and conditions also apply to the use of the AfterSurgery website. 
3. Parties can only deviate from these general terms and conditions if they have expressly and in writing agreed to do so. 
4. The customer, counterparty, or website visitor who does not agree with these general terms and conditions should not use the services or website of AfterSurgery. 
5. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties. 
6. These general terms and conditions are always available on the AfterSurgery website and can be saved on a durable data carrier. 
7. Before an agreement is concluded by AfterSurgery, these general terms and conditions are made known to the counterparty.  
8. By using the AfterSurgery website and placing an order, the customer accepts these general terms and conditions. 

 Prices 

1. All prices used by AfterSurgery are in euros and include VAT (turnover tax, 9% or 21%), unless explicitly stated otherwise or agreed otherwise. 
2. All prices used by AfterSurgery are exclusive of shipping costs. The shipping costs are €5.95 for shipments within the Netherlands. For Belgium, €8.95 applies and for Germany €19.95. For shipments outside this area, the price can be requested. 
3. For orders shipped to countries outside the European Union, AfterSurgery sells the products excluding taxes and duties. The taxes and other charges imposed by customs on the customer are the responsibility of the customer.  
4. For every order within the Netherlands with a total value of €100 or more, no shipping costs will be charged. 
5. During the validity period stated in the offer, the prices of the offered products will not be increased for that customer, unless the increase is due to legal regulations or other cost factors.  
6. The consumer has the right to terminate the agreement with AfterSurgery within 7 days after notification of a price increase that is not the result of a legal regulation. 
7. AfterSurgery has the right to adjust prices annually. 
8. Prior to the implementation of an annual price increase, AfterSurgery will notify the price adjustment in writing, observing a period of no more than 4 weeks. 

 Discount codes 

1. All prices used by AfterSurgery are fixed prices, unless expressly stated otherwise or agreed differently. 
2. Personal or publicly accessible discount codes may be issued by AfterSurgery and/or partners with whom AfterSurgery cooperates. 

 The offer of a product 

1. An offer of a product is made in writing or electronically, unless urgent circumstances make this impossible. 
2. All product offers are invitations to the potential customer to make an offer to purchase that product.  
3. AfterSurgery can only be bound by the offer if this is expressly and unambiguously indicated. 
4. The offer contains a complete and accurate description of the products offered by AfterSurgery. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer. 
5. Images used by AfterSurgery are a truthful representation of the products offered. Obvious mistakes or errors in the offer do not bind AfterSurgery.   
6. If the offer has a limited validity period or is made under conditions, this will be explicitly stated. 

 Formation of the agreement 

1. When the website visitor places an order on the website, AfterSurgery sends a message confirming receipt of the order. This email does not guarantee a purchase and is not proof of a (purchase) agreement. 
2. AfterSurgery has the right to reject the offered agreement before an order is processed. An agreement between AfterSurgery and the customer is only concluded when the payment for the customer's order is accepted by AfterSurgery, the prices have been verified, and the order is processed and can be prepared for shipment.  
3. The (purchase) agreement is concluded at the moment AfterSurgery sends the (whether or not automatically generated) second email containing the confirmation and acceptance of the purchase (order confirmation). 
4. The order confirmation sent by AfterSurgery is deemed to fully and accurately reflect the content of the agreement.  
5. The customer is deemed to have agreed with the content of the order confirmation, unless the customer has notified AfterSurgery in writing within 5 days of the date of the order confirmation that they cannot agree with (a part of) the content. That statement does not prevent the purchase agreement from having been concluded. 
6. Any additional agreements and/or commitments made and/or given by employees (or persons acting as representatives) of AfterSurgery bind AfterSurgery only if confirmed by the authorized director of AfterSurgery.  

 Customer account 

1. The customer can add one or more products to the digital shopping cart on the website. Those products will then be saved until they are checked out or removed from the cart. 
2. The customer can choose to view the shopping cart or proceed directly to checkout.  
3. At checkout, the customer can create a customer account so that orders are saved in that account. 
4. To create a customer account, an email address, a name, and a password are required. 
5. There is an option to add coupon codes during the ordering process. 
6. After an order is placed, both the customer and AfterSurgery receive an email confirmation of the order. 
7. The customer can find the order in the customer account, provided it has been created. 
8. It is possible to place an order without creating a customer account at AfterSurgery. 

Payment 

1. Payments are made through the secure environment of the website. 
2. The customer can pay with a credit card (Visa, Maestro, MasterCard, American Express), PayPal, iDeal, ApplePay, GooglePay, ShopPay, or via Klarna. The customer can also choose to pay afterwards or in installments via Klarna. The terms for payment via Klarna can be found on Klarna's website. 
3. Offers are valid for a certain period and possibly under certain conditions, with the end date and any applicable conditions displayed on the website. 

 Delivery 

1. Delivery takes place at the address provided by the customer at the time of order.  
2. The customer guarantees the accuracy, completeness, and reliability of the information provided to AfterSurgery. 
3. Orders placed and confirmed on a working day before 14:00 will be processed and shipped the same day and can be delivered the next working day in the Netherlands.  
4. Orders placed and confirmed on a working day after 14:00 will be processed and shipped the next working day and can be delivered the following working day in the Netherlands. 
5. A shipment of stock products is handled with track & trace by PostNL. The customer must sign upon receipt. 
6. A shipment of supplier products is handled by the courier or postal service selected by the supplier and under the conditions agreed between the supplier and that service. 
7. If the delivery is delayed, AfterSurgery will send the customer a notification by email within the agreed delivery period. 
8. If the product is no longer or only partially available, AfterSurgery will inform the customer as soon as possible and, if possible, offer the customer a replacement or alternative product. 
9. In the latter case, the customer has the right to dissolve the agreement (in whole or in part) without costs, after which the purchase price (in whole or in part), including shipping costs, will be refunded to the customer within 14 days. 
10. The risk of damage and/or loss of the products rests with AfterSurgery until the moment of delivery, unless explicitly agreed otherwise. 

 Right of withdrawal / returns 

1. The consumer has the right to cancel the agreement in writing within a period of 14 days from the moment of receipt of the product and to return the entire product, including the original packaging and in a reasonably original condition, within a period of 14 days after notification of return.
2. During this withdrawal period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product (just like in a store).  
3. The consumer who invokes the right of withdrawal is requested, but not obliged, to inform AfterSurgery of the reason for the return shipment. 
4. The right of withdrawal is excluded:
   4.1. for products that are manufactured according to consumer specifications, that are not prefabricated* and that are produced based on an individual choice or decision of the consumer, or that are clearly intended for a specific person.* This feature is stated in the text that serves as product information. 
   4.2. for products that spoil quickly or have a limited shelf life.
   4.3. for products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery or the packaging has been opened. If the returned product does not meet these conditions, AfterSurgery has the right to refuse the product.
   4.4 for products of the brand Amoena and Marena, if the packaging has been opened. The antibacterial effect of these products ceases after opening, making returns impossible. Each package is sealed with a hygiene seal. If this seal is broken, the item is considered opened by us and the right of return expires.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
6. Within 8 working days after receipt of the return, the amount the consumer paid for that order, excluding shipping costs and the costs for the return label, will be refunded to the consumer in the same manner as used for the payment.
7. The discount code used with the order will be reactivated after the return is received, unless the validity date of the discount code has already expired.
8. In the case of a return notification by a customer who chose payment via Klarna, after our approval, we will (partially) cancel the payment obligation with Klarna. Transaction fees from Klarna are reimbursed by the customer. 
9. For returning orders to AfterSurgery, the customer can use the customer portal on our website.

Exchange 

1. The customer has the right, within a period of 3 days from the moment of receipt of the product, to notify AfterSurgery that they wish to exchange the product, if possible, for another size or color. 
2. For an exchange, the product packaging must remain unopened and/or sealed for hygiene reasons.
3. The costs of return shipping and exchange are the responsibility of the customer. 

Depreciation on returns
When the customer exercises the right of return, depreciation may be charged if the returned product has been damaged or is not in its original condition. This applies, among other things, to the following situations:

1. Signs of use or damage
Products showing signs of use, such as stains from makeup, deodorant, creams, or other damage, are considered unsellable. In such cases, depreciation may be applied depending on the severity of the damage.

2. Packaging requirements
Medical products must be returned in their original packaging, as this often contains important information such as production details and LOT numbers, which must remain visible. It is crucial that the packaging bearing this information is intact and present with the return shipment. However, the outer box or shipping packaging in which the product was sent may be damaged or replaced without leading to depreciation.

3. Incomplete returns
If parts or accessories of the product are missing, depreciation may be applied. The customer must ensure that all supplied parts of the product are included in the return shipment.

4. Hygienic reasons
For rehabilitation products and other medical items, hygiene is of utmost importance. Products returned in a condition that endangers the hygiene or safety of other customers will be assessed based on applicable health and safety regulations. In such cases, depreciation can amount to 100% of the purchase price.

5. Incorrectly packaged or damaged products
If the products are insufficiently packaged during the return process and arrive damaged at the company, this may lead to depreciation on the amount to be refunded.

Amount of depreciation
The amount of depreciation is determined based on the extent to which the product has deteriorated or can no longer be sold as new. In some cases, the depreciation can amount to 100% of the original value, for example when the product has become completely unsellable due to use. The exact amount of depreciation is determined after inspection of the returned product and the customer will receive written confirmation of this.

 Resale 

1. The products are intended for end users and not for resale.  
2. AfterSurgery reserves the right not to deliver orders, in whole or in part, for reasons important to AfterSurgery, for example to potential resellers or to impose a maximum on the quantities of certain products that can be ordered. 
3. For orders that differ significantly in nature, size, or number of goods from what is generally customary among AfterSurgery's customers, AfterSurgery reserves the right to contact that customer and make further arrangements regarding the delivery of the order or to (partially) refuse the order. 

 Consequences of late payment 

1. If the customer does not pay within the agreed term, AfterSurgery is entitled to charge interest from the day the customer is in default, with a part of a month being counted as a full month. 
2. The customer who is in default also owes extrajudicial collection costs and any compensation to AfterSurgery.  
3. Collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.  
4. If the customer does not pay on time, AfterSurgery may suspend its obligations until the customer has fulfilled their payment obligation.  
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, AfterSurgery's claims on the customer become immediately due and payable.  
6. If the customer refuses to cooperate with the execution of the agreement by AfterSurgery, that customer is still obliged to pay the agreed price to AfterSurgery.  

Right of suspension 
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement. 

Set-off 
Unless the customer is a consumer, the customer waives the right to set off a debt to AfterSurgery against a claim on AfterSurgery.  

Guarantee 

1. AfterSurgery guarantees that the products at least comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions and government regulations existing on the date the agreement was concluded. 
2. The customer must examine a product delivered by AfterSurgery as soon as possible for any shortcomings. 
3. If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must notify AfterSurgery of this as soon as possible, but in any case within 1 month after discovering the shortcomings.  
4. Consumers must also notify AfterSurgery of any shortcomings no later than 1 month after receipt.
5. The customer provides as detailed a description as possible of the shortcoming, so that AfterSurgery can respond adequately.  
6. If the product does not meet the warranty provision, and the customer has reported this in time, AfterSurgery will replace or repair the product free of charge. For a product that cannot be replaced or repaired, compensation will be given. 

Indemnification 
The customer indemnifies AfterSurgery against all claims from third parties related to the products delivered by AfterSurgery.  

Complaints 

1. AfterSurgery requests the customer who has a complaint about the performance of the agreement to report this to AfterSurgery within a reasonable time.  
2. The customer must demonstrate that the complaint relates to an agreement between the parties. 
3. Submitting a complaint can be done by contacting AfterSurgery via the contact form on the website or by email. Please include the order number. 
4. The complaint submitted to AfterSurgery will be answered within 2 working days from the day of receipt. If a complaint requires a foreseeably longer processing time, an indication will be given of when the customer can expect a more detailed response. 
5. The customer must in any case give AfterSurgery 4 weeks to resolve the complaint through mutual consultation.  
6. If this still does not satisfy, the customer can file a report with Stichting Webwinkelkeur. 
7. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

Notice of Default 

1. The customer must notify AfterSurgery of notices of default in writing.  
2. It is the customer's responsibility that a notice of default actually (timely) reaches AfterSurgery.  

Joint and Several Liability Customer 
If AfterSurgery enters into an agreement with multiple customers, each of them is jointly and severally liable for the payment of the full amounts they owe to AfterSurgery under that agreement.  

Liability AfterSurgery  

1. AfterSurgery is only liable for any damage suffered by the customer insofar as that damage was caused by intent or conscious recklessness. 
2. If AfterSurgery is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement. 
3. AfterSurgery is never liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties.  
4. If AfterSurgery is liable, this liability is limited to the amount paid out by a concluded liability insurance and, in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. 
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. 

Limitation Period 
Any right of the customer to compensation from AfterSurgery expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code. 

Right of Dissolution 

1. The customer has the right to dissolve the agreement when AfterSurgery culpably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution.  
2. If the fulfillment of obligations by AfterSurgery is not permanently or temporarily impossible, dissolution can only take place after AfterSurgery is in default.  
3. AfterSurgery has the right to dissolve the agreement with the customer or, if the customer does not fully or timely fulfill their obligations under the agreement, or if AfterSurgery becomes aware of circumstances that give good reason to fear that the customer will not properly fulfill their obligations. 
4. Claims of AfterSurgery against the customer are immediately and fully due in the aforementioned case. 

Force Majeure 

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, it applies that a failure by AfterSurgery to fulfill any obligation towards the customer cannot be attributed to AfterSurgery in a situation beyond AfterSurgery's control, which wholly or partially prevents the fulfillment of its obligations towards the customer or makes it unreasonable to expect AfterSurgery to fulfill its obligations.  
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: states of emergency (such as civil war, uprising, riots, natural disasters, etc.); failures and force majeure of suppliers, couriers, or other third parties; unexpected power, electricity, internet, computer, and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, pandemics and epidemics, adverse weather conditions, and work stoppages.  
3. If a force majeure situation occurs that prevents AfterSurgery from fulfilling one or more obligations to the customer, those obligations will be suspended until AfterSurgery can fulfill them again.  
4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.  
5. AfterSurgery is not liable for any (damage) compensation in a force majeure situation, even if it benefits in any way as a result of the force majeure situation. 

Intellectual property 
All intellectual property rights, such as methods, texts, and concepts, belong to AfterSurgery including suppliers or other rights holders.  

Privacy 

1. Customer personal data is used by AfterSurgery exclusively in compliance with privacy legislation.  
2. The privacy policy of AfterSurgery is published on the website. 

Customer responses 

1. AfterSurgery appreciates it when satisfied customers post reviews, comments, and/or questions about certain products on the website. AfterSurgery reserves the right to remove the content of the website, including customer responses. 
2. By posting a customer response, the customer agrees not to claim any further rights or copyright on the posted text and acknowledges that AfterSurgery has the right to place and/or remove the information (possibly in an adapted form) on the website. 

Amendment of general terms and conditions 

1. AfterSurgery is entitled to amend or supplement the general terms and conditions.  
2. Changes of minor importance may be implemented at any time.  
3. AfterSurgery will discuss major substantive changes with the customer as much as possible in advance. 
4. Consumers are entitled to terminate the (purchase) agreement in the event of a material and adverse change to the general terms and conditions.  

Transfer of rights 

1. Customer rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of AfterSurgery.  
2. This provision shall be deemed a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.  

Consequences of nullity or voidability 

1. If one or more provisions of these terms prove to be null and void or voidable, this does not affect the other provisions of these terms.  
2. A provision that is null and void or voidable will in that case be replaced by a provision that most closely approximates what AfterSurgery had in mind when drafting these terms on that point. 

Applicable law and competent court 

1. Dutch law applies to every agreement between the parties. 
2. The Dutch court in the district where AfterSurgery is established or has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise. 

Drawn up on and valid from 01.08.2022.