Terms & Conditions HivTest.EU

These Terms and Conditions applies as between you and Vitrotrade BV of Keizersgracht 520H, 1017 EK, Amsterdam, the Netherlands, www.hivtest.eu, (hereinafter “Vitrotrade”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website and our online shop.

Introduction

If you place an order for one of our Products through www.hivtest.eu, on which we present these Terms and Conditions, upon confirmation that such order is accepted a contract of sale will be executed between you and Vitrotrade, which will be governed by these Terms and Conditions and specifically by the Terms of Sale mentioned below.

TERMS OF SALE

These Terms of Sale apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Terms of Sale, when you (i) order any Product from the website, (ii) order any Product at any web page directly connected to the website or (iii) when you accept an offer for a Product from us. It is only possible to deviate from these Terms of Sale if agreed in writing by us.

1. Basis of Order and Acknowledgement
   • The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).
   • Minimum order quantities and/or values may apply at our discretion.
   • You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.
   • A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
   • We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

2. Products Descriptions and Prices
   • We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
   • We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

3. When Orders are not accepted
   • While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
   • If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

4. Cancellation of Orders
   • Vitrotrade reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Vitrotrade may do this for example, but without limitation, where:
     • Vitrotrade’s suppliers are unable to supply Products that they have previously promised to supply;
     • an event beyond Vitrotrade’s control, such as storm, fire, flood or failure of computer systems, means that Vitrotrade is unable to supply the Products within a reasonable time;
     • Products ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
     • you ask Vitrotrade to cancel your Order; or
     • You may cancel your Order where Vitrotrade:
     • has breached a material term of this Agreement;
     • is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside Vitrotrade’s control.
   • Where Vitrotrade cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
   • In the event of Vitrotrade or you are cancelling your Order after payment has been processed, Vitrotrade will refund any money paid in respect of that Order, typically within 14 days.
   • Except to the extent otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime) or as expressly set out in these terms and conditions, Vitrotrade will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5. Availability

Vitrotrade reserves the right to withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime), Vitrotrade will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. Passing of Risk and Title

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

7. Delay in availability or delivery of Goods
   • You agree and acknowledge that:
     • Vitrotrade does not guarantee the dispatch or delivery or availability of Goods within the time frames set out, estimated delivery times listed for your Order or any other time frames otherwise specified by Vitrotrade;
     • stock availability and events outside Vitrotrade's control may cause delays, or in some circumstances, prevent your Goods from being delivered;
     • delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
     • except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime), neither Vitrotrade nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. Warranty
   • We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.
   • We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, wilful or accidental damage; (iv) the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.
   • Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.

9. Exclusion and Limitation of Liability
   • These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
   • In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product.
   • We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
   • To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
   • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10. Accuracy of Billing and Account Information
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
    • You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.
    • You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

TERMS OF USE

These Terms of Use apply to your access to and use of the website, including the software contained on the website (“Software”). Your access to and use of the website and the information, materials, products, and services available through the website are subject to these Terms of Use. If you do not agree to be bound by these terms of use, do not access or use the website. 

1. Changes to these Terms of Use
   • We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the website or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).
   • Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.

2. Copyright and ownership
   • All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Vitrotrade, its licensors, vendors, agents, and/or its Content providers.
   • You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
   • You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
   • Except as authorised under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.
   • You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Vitrotrade or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.

3. Accuracy of information

We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

4. Your provision of information

When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.

5. User-Provided Content
   • You understand that all information, data, or other materials that you and other users of website upload, post, transmit, publish, display, or otherwise make available through the website, including the information provided when creating an Account and information you share with or make available to other users of the website ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the website.
   • We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the website, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
   • We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
   • By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the website, you agree that:
     • you are the owner of all rights in such User-Provided Content;
     • you have the right to allow our use of such User-Provided Content under these Terms of Use;
     • all User-Provided Content that you post is accurate; does not violate these Terms of Use; will not result in a breach or violation of any terms of any contract or agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity.

6. Your grant of license to Hivtest.EU for User-Provided Content
   • By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the website.
   • may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.

7. Your conduct
   • You may use our website only for lawful purposes. You may not use our website:
     • in any way that breaches any applicable local or international laws or regulations;
     • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
     • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
     • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   • You also agree:
     • not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
     • not to access without authority, interfere with, damage or disrupt:
     • any part of our website;
     • any equipment or network on which our website is stored;
     • any software used in the provision of our website; or
     • any equipment or network or software owned or used by any third party.

8. Registration and passwords

You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages on the website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorised by you or not. You agree to notify us immediately of any unauthorised use of your login ID, password, or account, or any other breach of security involving access to the website through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.

9. Operation of the website and termination of this agreement

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

10. Access to the website
    • Neither Vitrotrade, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
    • We may suspend, withdraw, discontinue, or change all or any part of the website without notice.

11. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
    • The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13. Miscellaneous
    • In case of contradiction between these Terms and any content contained in other parts of the website or in links, These Terms contained in this document prevail.
    • We reserve the right to make changes to these Terms and Conditions at any time.
    • The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
    • Please check these Terms and Conditions periodically for changes.

14. Data protection

Vitrotrade fully respects the privacy of individuals who access and use the website. Your personal data will be collected and used to fulfil necessary contractual obligations outlined in these Terms and Conditions. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy.

15. Sub-contracting and assignment

Vitrotrade reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without our consent in writing.

16. Events beyond reasonable control

Vitrotrade will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond Vitrotrade’s reasonable control.

17. Severance

Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.

18. Applicable law and jurisdiction

These Terms shall be governed by the laws of the Netherlands. The laws of the Netherlands apply to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Vitrotrade and you agree to submit to the exclusive jurisdiction of the Courts of the Netherlands.