Terms of service

General Terms & Conditions of Sales

  1. Definitions: 

    • Buyer: the person, or company or other legal entity that intends to purchase Goods from Seller.
    • Goods: the products available for purchase in the webshop, provided by the Seller.
    • Intellectual Property: all industrial and intellectual property rights related to the Goods including know-how, copyrights and all rights in the nature of copyright, database rights, design rights, model rights, patents, trademarks, domain names, and all other similar propriety rights that may subsist in any part of the world, together with all applications, renewals, extensions, and revivals thereof, whether registered, registrable or otherwise
    • Offer: any offer from Seller for the supply of Goods, including any quotations from Seller for the supply of Goods.
    • Order: any purchase by the Buyer on the webshop for goods that the Seller is offering 
    • Purchase Order: any purchase order made by the Buyer in writing for the supply of Goods by the Seller
    • Parties: Seller and Buyer
    • T&C: these General Terms and Conditions of Sale
    • Seller: CAM Bioceramics B.V., with its registered offices at Zernikedreef 6. 2333 CL Leiden, The Netherlands. 
    • Webshop: the Seller’s online sales platform through which the Buyer can place orders for Goods. 
  1. General applicability
    1. These Terms and Conditions (T&C) apply to all offers, orders, and agreements concluded via the Seller’s webshop. Deviations are valid only if confirmed in writing by the Seller.
    2. These T&C are an integral part of every offer and transaction made via the webshop.
    3. The supply of Goods is governed by the following elements, in order of precedence: (i) these Terms and Conditions, (ii) The Buyers payment after placing the order, (iii) order confirmation and (iiii) the Seller’s written confirmation that the order is being processed.
    4. In case one or more clauses within these T&C shall, for any reason, be held invalid, illegal or unenforceable in any respect, wholly or partially, such clause shall be replaced by a clause which reflects the original intend, purpose and economic effect of such clause. The other clauses of these T&C will remain effective.
  1. Offers
    1. All offers made by the Seller on the webshop are non-binding. An order becomes legally valid once the Seller confirms to the Buyer that the order is being processed. Until that confirmation is given, the Buyer and Seller may cancel the order.
    2. All product information and pricing displayed on the webshop are based on the Seller’s current knowledge and experience. While the Seller aims to keep all information accurate and up to date, it may be subject to change without prior notice. Only the prices and terms shown on the webshop at the time of pre-payment and order confirmation by the Seller are considered valid.
    3. Seller reserves the right to correct any spelling or other errors in any Offer. Buyer cannot claim damages from CAM because of such errors.
  2. Use of Webshop
    1. All orders made on the webshop are non-binding. The order is not final until the Seller confirms that it is being processed. No rights can be derived from the order until this confirmation is provided.
    2. Buyers may be required to register an account to place orders via the Seller’s webshop.
    3. Buyer is responsible for maintaining the confidentiality of login credentials and for all activities conducted under their account.
    4. The Seller reserves the right to refuse or terminate access to the webshop at its sole discretion, including after registration, without any obligation to provide a reason.
    5. Seller does not guarantee that the webshop will be error-free, uninterrupted or free from viruses. 
    6. In the event of pricing or availability errors, Seller reserves the right to cancel or correct any orders affected by such errors. 
  1. Supplies

    1. Delivery is made DDP (Incoterms 2020). All shipping costs, taxes and duties are calculated and displayed at checkout. Estimated delivery times are shown on the webshop and may vary depending on order size and availability.

    2. Seller may decide to perform partial deliveries to Buyer.

    3. Risk transfers to you once the Goods arrive at the delivery address you’ve provided. This also applies to any return shipments.

    4. If you delay acceptance or collection of a shipment, you’ll be responsible for any loss, damage or deterioration of the Goods, and we may charge reasonable storage fees.

    5. Delivery dates on the webshop are approximate and non-binding

    6. We’ll always do our best to meet the estimated delivery window, but circumstances beyond our control (e.g. carrier delays or customs checks) may require us to adjust it. 
       

  1. Provision with regard to property 

    1. Ownership of the Goods transfers to the Buyer upon delivery to the agreed address, after full payment has been completed during checkout. Until delivery, the Goods remain the property of the Seller.

    2. Intellectual Property relating to the goods and the webshop remains at any time in the ownership of the Seller and will not transfer to the Buyer.

    3. Buyer may not reproduce, distribute or reverse-engineer any part of the Goods without prior written consent from Seller.  

  1. Prices 

    1. Unless otherwise agreed in writing, all prices shown on the webshop are in Euros and exclude import duties, taxes, and shipment costs. These additional charges must be paid by the Buyer and will be clearly displayed at checkout before payment is completed. Prices apply only to the quantities selected at checkout. Any additional services requested by the Buyer will be invoiced separately.

    2. Prices listed on the webshop may be updated at any time without prior notice. The applicable price is the one shown at the time the Buyer completes the checkout process. No rights can be derived from previously listed prices. 
       

  1. Payment 

    1. Payments are processed through Shopify Payments. All product prices are in Euros and exclude VAT, customs duties, and other applicable taxes unless stated otherwise. These additional costs will be calculated and shown at checkout before the Buyer completes the payment.

    2. Payment must be made in full prior to shipment unless otherwise agreed.  

    3. All transactions conducted through the webshop are strictly pre-paid. 

    4. The Buyer is required to pay the full purchase amount at the time of placing the order, unless otherwise agreed in writing with the Supplier. 

    5. Orders will not be processed, shipped, or reserved until full payment has been received and confirmed.

    6. The Supplier reserves the right to cancel any order for which payment is not completed in accordance with these terms.

    7. The Buyer may cancel the order at any time before receiving confirmation from the Seller that the order is being processed. After this confirmation, the Buyer may return the Goods within 30 days, in accordance with the Seller’s return policy  

  1. Non-fulfilment 

    1. If the Buyer fails to fulfil any part of their obligations—such as payment, providing accurate shipping information, or accepting delivery—the Seller has the right to suspend or cancel the order without liability. Any costs already incurred by the Seller may be charged to the Buyer

    2. If the Buyer fails to complete pre-payment or if a payment is reversed or disputed after order confirmation, the Seller may: cancel the order, withhold shipment or delivery, charge statutory interest on overdue amounts, recover collection costs, including legal fees.

    3. If the Buyer refuses to accept delivery without valid reason, the Seller may charge the Buyer for return shipping, storage, and administrative fees. Risk of loss or damage remains with the Buyer once the goods are shipped.

    4. If the Buyer provides inaccurate or incomplete information necessary for processing the order (such as incorrect VAT number, delivery address, or contact details), the Seller is not responsible for delays, non-delivery, or related damages. Any extra costs arising from this may be charged to the Buyer.

    5. In the case of non-fulfilment by the Buyer, the Seller is not liable for any direct or indirect damages arising from delayed, suspended, or cancelled deliveries. 
       

  1. Force Majeure 

    1. If a force majeure event of whatever nature, including but not limited to, mobilization, war, terrorism, revolution, fire, storm, flood, strike, epidemics, interruption of transport, confiscation, disruption, lack of materials/power/fuel/ energy, catastrophes, restrictive government regulation of whatever nature, malfunctioning of installations services and/or any circumstance the Seller could reasonably not foresee and cannot influence and which, prevents the Seller from performing any or all of its obligations under the Contract, the Seller shall be entitled to suspend its obligations under the Contract for so long as the force majeure continues or to terminate the Contract in part or in full without having to pay any compensation to the Buyer.

    2. If the force majeure continues for more than eight (81 weeks, Parties may terminate the Contract in writing. 
       

  1. Complaints and Responsibilities 

    1. The Seller accepts no liability for any use, sale or application of the Goods by the Buyer or any third party, even if the Buyer explicitly informs Seller about the chosen use, sale or application.

    2. The Buyer is obliged to inspect the Goods immediately upon receipt of delivery or as soon as possible afterwards. Complaints about damage, quality or other deficiencies have to be logged with the Seller in writing within 8 days from receipt of the Goods.

    3. The Buyer is obliged to take at necessary measures to limit as much as possible any damage to the Goods held in storage as well as during transportation. Return of Goods to the Seller shall be at the risk of the Buyer. Any right of the Buyer for repair, replacement or compensation of the Goods will be forfeited if Goods are returned to the Seller in non-conformance of shipment instructions from the Seller.

    4. The Buyer is obliged to strictly observe the instructions provided by Seller for storing and handling of the Goods. lf such instructions are not observed by the Buyer, the Seller cannot be held liable for any damages as a result thereof.

    5. Complaints with regard to the Goods duly presented in writing by the Buyer to the Seller and confirmed by the Seller will be settled by the Seller at its own discretion by repair, price reduction or additional supply of the Goods that were shortdelivered, replaced or recalled. Presentation of Complaints by the Buyer does not affect in any way the Buyer's payment obligations under the Contract.

    6. The Seller’s liability is limited to replacement of the Goods or refund of the purchase price.  

    7. Seller shall not be liable for any indirect or consequential damage with regard to the Goods and Seller's aggregate liability under the Contract will never exceed the net amount as confirmed in the Purchase Order Confirmation. Any further liability of Seller on whatever legal ground, particularly with respect to indemnification for trading loss or other indirect or consequential damages is excluded.

    8. The Buyer may not subcontract, transfer or assign any of its rights or obligations under the Contract to any third party without the Seller's prior written consent. 
       

  1. Confidentiality 

    1. Unless otherwise agreed in writing by the Parties Seller will not consider any information provided by the Buyer as confidential information, unless Seller is informed in writing by the Buyer of the confidential nature of the information provided by the Buyer. 
       

  1. Applicable law/jurisdiction 

    1. The Contract shall be governed by Dutch law. Any dispute with regard to the Contract shall be submitted to the courts in Rotterdam, the Netherlands on the understanding that Seller shall be entitled to submit every dispute with a court of Seller's choice. 
       

  1. Data protection 

    1. Seller processes personal data in accordance with the GDPR and only for order handling, customer management, and legal compliance. 

    2. The webshop uses cookies and similar technologies for functionality, analytics and performance. Use of the webshop implies consent to such technologies, in accordance with the Seller’s privacy policy.