Terms of service

Nuvibody Terms and Conditions (B2C)

 Article 1 – Definitions

The terms capitalized in these general terms and conditions have the following meanings unless explicitly stated otherwise:

  • Nuvibody: The entity using these general terms and conditions, Nuvibody, based in Nijmegen (6512 BP) at Graafseweg 33.
  • Consumer: You, the individual entering into an agreement with Nuvibody or the counterparty of Nuvibody.
  • Parties: Nuvibody and the Consumer together, each also referred to individually as a "Party."

Article 2 – Applicability of General Terms and Conditions

  1. These general terms and conditions apply to all quotations, offers, work, agreements, and any other legal relationships between Nuvibody and the Consumer.
  2. Any modifications to the agreement or deviations from these general terms and conditions will only be valid if agreed upon in writing by both Parties.
  3. If any provision of these terms and conditions is deemed void or unenforceable, the remaining provisions will remain in full force. Parties shall replace the void or unenforceable provision(s) with a legally binding provision that closely aligns with the intent and purpose of the original provision(s).

Article 3 – Conclusion of Agreement

  1. All quotations and/or price quotes issued by Nuvibody (in any form) are non-binding and may be withdrawn at any time.
  2. An agreement between Nuvibody and Consumer is established once Nuvibody has received an order from the Consumer and confirmed it with an order confirmation.
  3. Orders will only be processed if:
    • The full payment has been received.
    • The correct and complete order details are provided.
    • Nuvibody reserves the right to reject incorrect, incomplete, or unclear orders (in which case no agreement is formed).
  4. Nuvibody is not liable for damages resulting from incorrect, incomplete, or unclear order details provided by the Consumer.
  5. The Consumer is responsible for the proper use and security of login credentials. Any actions taken on the website after login are considered to be performed by the Consumer.
  6. If the Consumer modifies an order and Nuvibody agrees to the changes, Nuvibody is entitled to charge for all additional costs incurred due to the modification, including costs related to the original order.

Article 4 – Prices and Payment

  1. All prices are exclusive of VAT and/or other applicable taxes unless explicitly stated otherwise.
  2. Prices exclude shipping costs, unless explicitly indicated otherwise.
  3. Payment must be made at the time of ordering via bank transfer, iDEAL, PayPal, or credit card. Orders are not shipped until full payment is received.
  4. Prices are subject to change without prior notice. Nuvibody is not liable for any price changes.

Article 5 – Right of Withdrawal

  1. Consumers may cancel their purchase free of charge within 30 days of receiving their order (Cooling-off Period).
  2. Return requests must be submitted within these 30 days via email at support@nuvibody.com.
  3. Consumers will receive a confirmation of the return request.
  4. Products must be returned within 14 days after initiating the return request.
  5. Refunds are processed within 14 days after receipt of the returned products.
  6. Items must be returned in original condition and packaging, including all accessories. If products or packaging are damaged beyond what is necessary for resale, Nuvibody may charge depreciation costs.
  7. Consumers must handle items with care and ensure proper packaging for return shipments.

Article 6 – Packaging and Shipping

  1. Nuvibody will package goods appropriately to ensure safe delivery under normal transport conditions.
  2. Goods will be shipped to the designated delivery address specified in the order.
  3. Unless agreed otherwise, Nuvibody decides on the shipping method (carrier, packaging, etc.).
  4. Shipping costs are always at the Consumer's expense, unless stated otherwise.
  5. Delivery times are indicative and exceeding the timeframe does not entitle the Consumer to compensation or cancellation of the agreement.

Article 7 – Conformity of Goods

  1. Nuvibody guarantees that the products conform to the agreement, meet reasonable usability and durability standards, and align with specifications stated in the offer.
  2. The guarantee does not apply if:
    • The Consumer modifies the products themselves or through third parties.
    • The Consumer exposes the products to abnormal conditions or mishandles them contrary to the user manual.
  3. Nuvibody is not liable for damage resulting from improper use, modifications, or failure to follow instructions.

Article 8 – Inspection and Complaints

  1. Consumers must inspect goods within 24 hours of delivery for any defects or damages.
  2. Visible defects must be reported within 24 hours to support@nuvibody.com. Claims made after this period will not be accepted.
  3. If a complaint is valid, Nuvibody may:
    • Repair or replace the defective item.
    • Offer a refund if repair/replacement is not possible.
  4. If an order is partially or fully canceled, the Consumer must return the goods within 14 days of cancellation in original or comparable packaging. Return costs are covered by Nuvibody.
  5. Any damage occurring between delivery and return is the Consumer's responsibility.

Article 9 – Transfer of Ownership and Risk

  1. Ownership and risk transfer to the Consumer upon receipt of the goods.

Article 10 – Force Majeure

  1. If Nuvibody is prevented from fulfilling its obligations due to unforeseen circumstances, the delivery timeframe is extended accordingly.
  2. Force majeure includes, but is not limited to: war, terrorism, strikes, pandemics, supply chain disruptions, software failures, and government restrictions.
  3. If delivery is delayed by more than 2 months, the Consumer may cancel the agreement.

Article 11 – Instructions for Use

  1. Consumers must use products according to the user manual.
  2. Nuvibody is not liable for damage caused by improper use.

Article 12 – Intellectual Property

  1. All trademarks, logos, domain names, and other intellectual property belong to Nuvibody.
  2. Consumers may not copy, use, or modify these assets without written consent.

Article 13 – Termination and Suspension

  1. Nuvibody may terminate or suspend the agreement immediately if the Consumer:
    • Files for bankruptcy.
    • Violates intellectual property rights.
    • Uses Nuvibody products for illegal activities.
    • Harms the reputation of Nuvibody.
  2. If terminated, the Consumer is liable for damages, including lost profits.

Article 14 – Disclaimer of Medical Claims

  1. Information on the Nuvibody website is not medical advice and should not be used for diagnosis or treatment.
  2. Any reliance on website content is at the Consumer's own risk.

Article 15 – Limitation of Liability

  1. Nuvibody's liability is limited to its insurance coverage.
  2. Claims are only valid if the Consumer follows the user manual and seeks medical advice before use.

Article 16 – Errors and Revisions

  1. Nuvibody does not guarantee the accuracy of website content and may modify it without notice.

Article 17 – External Links

  1. Nuvibody is not responsible for third-party websites linked on its site.

Article 18 – Reviews

  1. Nuvibody may select which customer reviews are published.

Article 19 – Data Protection

  1. By placing an order, Consumers consent to data processing as per the Privacy Policy.

Article 20 – Governing Law and Disputes

  1. All agreements are subject to Dutch law.
  2. Disputes are settled by the court in the Consumer’s jurisdiction.

Article 21 – Company Information

Nuvibody
Graafseweg 33, 6512 BP Nijmegen
📞 +31 6 24440295
📧 support@nuvibody.com
KvK: 80973698 | VAT ID: NL003519232B07

 

Nuvibody Terms and Conditions (B2B)

Article 1: Definitions
I. “We” / “Us”: Nuvibody, located at Graafseweg 33, 6512 BP Nijmegen, the Netherlands, registered under Dutch law, acting as seller and service provider.

II. Products: All red light therapy beds, associated technology, and accessories offered or supplied by Nuvibody.

III. You: The business customer who enters into a purchase or service agreement with us.

IV. Agreement: A binding agreement between Nuvibody and the buyer, which comes into effect after confirmation of the order or acceptance of the terms and conditions.

V. Terms and Conditions: The general terms and conditions described herein, as updated from time to time.

Article 2: Applicability
These terms and conditions apply to all offers, quotations, contracts, and deliveries between us and you, regardless of whether they are processed online or offline. Your own terms and conditions will not be accepted unless expressly agreed in writing. If any part of these terms and conditions is declared invalid, the remainder will remain in force. Any gaps or ambiguities will be resolved in accordance with the original intent of these Terms and Conditions.

Article 3: Offer and conclusion of the agreement
I. Non-binding offers
- All offers made by us are non-binding, unless expressly stated otherwise in writing.
- Offers may expire without prior notice if products are no longer available before acceptance.
- We are not liable for obvious errors in descriptions or prices.

II. Content of the offer
- Each offer contains sufficient details to enable you to assess your rights and obligations.
- Images or product samples are for illustrative purposes only and are not legally binding.

III. Conclusion of the agreement
An agreement is concluded when:
- You accept our offer and we confirm it in writing, or
- We begin to execute the order (e.g., processing or shipping) in a manner that implies acceptance.

IV. Deviating acceptance
- If your acceptance deviates from our offer, no agreement will be concluded unless we confirm the change in writing.
- Previous offers or prices will not be included in new agreements unless expressly stated otherwise.

Article 4: Delivery
I. General delivery terms

  • Products are delivered under DAP conditions (Delivered at Place), unless otherwise agreed in writing.

  • We are responsible for delivery to the specified destination, including transport and risk until the goods are available for unloading.

  • You are responsible for handling any import duties, taxes, or local clearance costs in the destination country.

II. Location and access requirements

  • Prior to delivery, you must complete and sign a checklist provided by us confirming that the delivery location meets the requirements for access, space, and installation. Delivery will only be scheduled once the completed checklist has been returned and accepted by us.

  • If the information on the checklist is incorrect, incomplete, or misleading and the product therefore cannot be delivered or installed, we reserve the right to withhold any deposits.

  • If the agreed delivery date cannot be met due to inaccessibility of the location, insufficient readiness, or unavailability to receive the delivery, additional costs for re-delivery will be charged along with the related expenses.

III. Involvement of third parties

  • We may use external couriers, freight services, or distribution centers to facilitate delivery.

  • Any delays from such suppliers must be reported in writing, and we must be given a reasonable time to resolve the issue.

IV. Delivery delays

  • We are not liable for delays caused by force majeure, poor access, or insufficient delivery instructions.

  • If you fail to accept the delivery at the scheduled time, we may store the goods at your cost and risk and invoice you accordingly.

V. Phased and partial deliveries

  • We reserve the right to execute orders in installments, which may be invoiced separately.

  • In phased agreements, we may postpone future deliveries until previous deliveries have been reviewed and approved.

Article 5: Proper use and safety requirements
I. General safety guidelines

  • Follow all provided installation and operating instructions.

  • Ensure compliance with local electrical and safety standards.

  • Do not use the equipment under the influence of drugs, alcohol, or sedatives.

II. Health considerations

  • Persons with health issues (e.g., cardiovascular disease, skin sensitivity) must consult a doctor before use.

  • Discontinue use and consult a doctor if you experience dizziness, nausea, shortness of breath, or discomfort.

  • Children under 16 may only use products under adult supervision.

III. Electrical safety

  • Use only grounded, high-quality power sources and avoid contact with water.

  • Regularly check cables, plugs, and connections.

  • Place fuse boxes safely above ground, away from moisture.

IV. Environmental and operational use

  • Use on flat, dry surfaces with sufficient ventilation.

  • Do not block airflow, cover the device, or place flammable objects nearby.

  • Do not use in extreme weather conditions unless the product is suitable for such environments.

Article 6: Product representations
I. Illustrations and examples

  • Images, videos, brochures, and demos are for illustration only.

  • Minor aesthetic or size variations may occur.

II. Technical data

  • We may change product specifications or documentation without prior notice.

  • All intellectual property remains our property.

Article 7: Payment terms
I. Payment deadlines

  • 50% in advance upon order, 50% upon delivery, unless otherwise agreed.

  • Invoices must be paid within 30 days of issuance.

II. Consequences of late payment

  • Statutory interest will be charged on overdue amounts.

  • You are liable for all reasonable collection and legal costs.

III. Financial checks and security

  • We may carry out credit checks.

  • We reserve the right to request deposits, guarantees, or full prepayment.

Article 8: Product or circumstance changes
I. Minor changes

  • We may implement product improvements or technical updates that do not materially affect performance or design.

II. Significant changes

  • If unforeseen events have a significant impact on production, supply chain, or costs, both parties may negotiate reasonable contract changes.

III. Address and contact details

  • You must notify us immediately of changes in delivery addresses or contact details to prevent delays.

  • All communication and deliveries directed to your most recent contact details are deemed valid under DAP conditions.

Article 9: Cancellation and returns
I. Cancellation terms

  • Cancellation before delivery may incur reasonable costs and loss of deposit.

  • Customized or personalized products cannot be canceled once production has started.

  • Production or delivery delays do not constitute grounds for cancellation of a custom order.

II. Return policy

  • Returns are only possible with our written approval and must meet condition criteria.

  • Products must be unused, undamaged, and in their original packaging.

  • Refunds may be granted after inspection.

Article 10: Retention of title

  • Ownership of the products remains with us until full payment has been received.

  • You must protect our goods against third-party claims until ownership is transferred.

  • In case of payment default, we may reclaim the goods at your expense.

Article 11: Conformity and inspection

  • Products comply with the agreed commercial standards.

  • Visible defects must be reported within 14 days of receipt.

  • Hidden defects must be reported within 14 days of discovery (max. 3 months).

  • Depending on the issue, we may repair, replace, or refund.

Article 12: Prices and adjustments

  • Prices exclude VAT unless otherwise stated.

  • Prices may change due to legal, regulatory, or market conditions.

  • Changes within 3 months of the Agreement are limited to legal changes.

Article 13: Liability and indemnification

  • We are only liable in cases of gross negligence or willful misconduct. This excludes liability for issues arising from unattended use, use at unauthorized locations, poor maintenance, incorrect wiring by the buyer, or unauthorized modifications.

  • Our liability for any claim arising from or related to the Agreement – whether in contract, tort, or otherwise – is limited to the amount paid out under our business liability insurance in that case.

  • If the insurer does not pay for any reason, our liability is limited to the net invoice value of the specific product giving rise to the claim.

  • We are never liable for indirect or consequential damages, including (but not limited to) loss of profit, business interruption, or reputational damage.

Article 14: Force majeure

  • Events beyond our control (natural disasters, supply issues, regulations) release us from delivery obligations.

  • In such cases, we may cancel or postpone deliveries without penalty.

Article 15: Intellectual property rights

  • All intellectual property, brands, and content of Nuvibody are protected.

  • Unauthorized reproduction or imitation of our products, content, or brands is strictly prohibited. A penalty of €500 per item or 5% of the order value (whichever is higher) applies, in addition to any other legal remedies.

Article 16: Risk acceptance

  • By using our products, you accept inherent health-related risks.

  • We are not liable for injury resulting from incorrect or unattended use.

Article 17: Data protection

  • We process your data in accordance with the GDPR.

  • Our privacy policy may be updated; continued use constitutes acceptance.

Article 18: Governing law and disputes

  • Dutch law applies to all Agreements.

  • Disputes will be handled by the competent court in Amsterdam, unless otherwise required by law.

Article 19: Statute of limitations

  • Legal claims expire one year after arising, unless otherwise provided.

Article 20: Amendments and final provisions

  • We may update these Terms at any time.

  • The most recently published version at the time of Agreement applies.

  • The Vienna Sales Convention is excluded.

  • Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code do not apply.