General conditions

Updated 21/01/2025

General

1. These terms and conditions apply to every offer made by Microvibes and to every agreement entered into between Microvibes and buyer. The terms and conditions are accessible to everyone and can be read on Microvibes' website (https://microvibes.nl).
2. By placing an order, the buyer agrees to the terms and conditions. Microvibes reserves the right to change its terms and conditions in the interim.
3. Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Microvibes.
4. Microvibes guarantees that the delivered product meets the agreement and complies with the specifications stated in the offer.

Delivery

1. Delivery will take place while supplies last.
2. Under the rules of distance selling, Microvibes will execute orders within 30 days, unless another delivery period has been agreed upon. If delivery within 30 days or otherwise agreed delivery time is not possible (because the ordered is out of stock or no longer deliverable), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will receive notice within 1 month after placing the order and in that case has the right to cancel the order without cost.
3. Microvibes' obligation to deliver shall be fulfilled, subject to proof to the contrary, once the goods delivered by Microvibes have been offered once to the buyer. In the event of home delivery, the carrier's report containing the refusal of acceptance shall serve as full proof of the offer of delivery.
4. All delivery terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.

Prices

1. Prices will not be increased within the term of the offer, unless legal measures make it necessary or if the manufacturer implements interim price increases.
2. All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3. All prices published on this website are in Euros and include 21% VAT.

Trial period / right of withdrawal

1. If there is a consumer purchase in accordance with the Distance Selling Act (Article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period begins when the order is delivered. If the buyer wishes to cancel the order after it has been placed, he can do so by sending an email.
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   If Microvibes is informed in time and has not yet processed the order, Microvibes will refund the full amount to the buyer and cancel the order. Should Microvibes have already processed the order, Microvibes reserves the right to charge a processing fee.
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   The buyer is obliged, before proceeding to return, to notify Microvibes in writing within 14 working days of receiving the delivered goods, indicating the intention to return. Microvibes will then announce shipping instructions.
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   If the buyer has not reported anything within the trial period of 14 days after receipt, the legal right of return lapses and the purchase is final.
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   During the reflection period, the consumer will handle the product and packaging with care. The buyer will only unpack the product to the extent strictly necessary to assess the nature and characteristics of the product, if the buyer wishes to exercise the right of withdrawal.
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   Products must be returned in their original packaging and in new condition. If the product packaging has been opened by the buyer, or has been damaged in any way, Microvibes reserves the right to charge costs (depreciation). Microvibes will within 14 days after receipt of the return shipment proceed to refund (minus any depreciation).
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   When returning unopened purchases, the purchase amount minus 15 euro processing fee will be refunded to the buyer. When returning only part of the purchases received, only the purchase value of the returned products will be refunded. Please note that a 15 euro processing fee will also be deducted in this case.
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   Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded. The return of products is entirely at the expense and risk of the customer.

Privacy Policy

1. When the buyer places an order with Microvibes, his or her data will be included in Microvibes' customer database. Microvibes abides by the Data Protection Act and will not provide your data to third parties.
2. Microvibes respects the privacy of the users of the Internet site and ensures confidential treatment of your personal data. See also the privacy and cookie policy.
3. Microvibes uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

Warranty / complaints and conformity

1. Microvibes guarantees that the products and services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An arrangement offered as a warranty by Microvibes, manufacturer or importer does not affect the rights and claims that the consumer may assert against the buyer on the basis of the law and/or the remote agreement with respect to a failure to fulfill Microvibes' obligations.
3. If it transpires that the delivered goods are wrong, faulty or incomplete, the buyer must (before returning the goods to Microvibes) report these defects in writing to Microvibes within 30 days of receipt, the discovery of the defect.Return of products must be done with/in the original packaging (complete). If the delivered item has been opened and is no longer complete or if it has been damaged in any way, this will completely void the right to complain and return.
4. If complaints from the consumer are found by Microvibes to be justified, Microvibes will repair, resend or replace the delivered goods at the consumer's discretion free of charge.
5. Any liability of Microvibes for damages shall be limited to the invoice amount of the goods in question, or (at Microvibes' discretion) to the maximum amount covered by Microvibes' liability insurance. Any liability of Microvibes for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage or damage due to loss of profit.
6. Supplement - Complaints procedure
   Complaints about the performance of the agreement must be submitted within 7 days fully and clearly described to Microvibes, after the consumer has found the defects.Complaints submitted to Microvibes will be answered within a period of 14 days (counted from the date of receipt). If a complaint requires a foreseeable longer processing time, Microvibes will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement rules.In case of complaints, a consumer should first turn to Microvibes.For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.com), which will mediate free of charge. If a solution cannot be found, the consumer has the option of having his/her complaint handled by an independent arbitration committee appointed by the WebwinkelKeur Foundation, whose decision is binding. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the consumer.
7. Microvibes shall not be liable for damage caused by intentional or equivalent intentional recklessness of non-managerial personnel. This warranty does not apply if;

• and as long as the buyer is in default to Microvibes;
• the buyer has processed the delivered items himself or has had them processed and/or tested by third parties.
• the delivered items have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to Microvibes' instructions and/or instructions for use on the packaging; including, but not limited to; cool and dry storage.

Offers

1. Offers are without obligation unless otherwise stated in the offer.
2. Upon acceptance of a non-binding offer by the buyer, Microvibes reserves the right to revoke or depart from the offer within the period of 3 business days after receipt of that acceptance.
3. Verbal promises shall bind Microvibes only after they have been expressly confirmed in writing.
4. Offers from Microvibes do not automatically apply to repeat orders as well.
5. Microvibes cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or slip of the pen.
6. Additions, modifications and/or further agreements are only effective if agreed upon in writing.

Agreement

1. An agreement between Microvibes and the buyer is established after an order has been assessed for feasibility by Microvibes.
2. Microvibes reserves the right, without giving reasons, not to accept orders or commissions or to accept them only under certain conditions.

If it is made known to Microvibes in any way that the buyer is not respecting or complying with the safety regulations of the goods offered on the site, Microvibes will be forced to block the buyer's account and reject or refund further transactions in the future.

Images and specifications

All images; photographs, drawings, texts, etc.; including data on weights, dimensions, colors, images of labels, etc. on the Microvibes internet site are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement. Also, these are copyright protected. It is not allowed to copy them.

Force majeure

1. Microvibes shall not be liable if and to the extent that its commitments cannot be fulfilled due to force majeure.
2. Force majeure includes any strange cause, as well as any circumstance, which in all reasonableness should not be at its risk.
   Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Microvibes as well as auxiliaries, sickness of personnel, deficiencies in auxiliary or transport equipment shall explicitly be considered force majeure.
3. Microvibes reserves the right, in the event of force majeure, to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. In no event shall Microvibes be bound to pay any penalty or damages.
4. If Microvibes has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it shall be entitled to separately invoice the part already delivered and/or the part that can be delivered, and the buyer shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.

Liability

Microvibes is not liable for damage to objects caused by improper use of the products. The products sold by Microvibes are not suitable for consumption. We sell these products for research purposes only. The consumer himself, and no one else, is responsible for conducting research with these substances. Before use, please read the instructions on the packaging and/or consult our website. See also our disclaimer.

Retention of title

1. Ownership of all goods sold and delivered by Microvibes to the buyer shall remain with Microvibes as long as the buyer has not paid Microvibes' claims under the agreement or previous or subsequent similar agreements, and as long as the buyer has not yet paid Microvibes' claims for failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
2. The goods delivered by Microvibes that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
3. The buyer is not authorized to pledge or otherwise encumber the items subject to retention of title.
4. The buyer hereby unconditionally and irrevocably authorizes Microvibes or a third party to be appointed by Microvibes, in all cases in which Microvibes wishes to exercise its property rights, to enter all those places where its property will be located and to take the goods there.
5. If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer shall be obligated to notify Microvibes as soon as may reasonably be expected.

Applicable law/competent court

1. Dutch law applies to all agreements.
2. Disputes arising from an agreement between Microvibes and the purchaser, which cannot be resolved by mutual consultation, shall be heard by the competent court within the district of Rotterdam, unless Microvibes prefers to submit the dispute to the competent court of the purchaser's domicile, and with the exception of those disputes that fall under the competence of the cantonal judge.

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We do our best to provide good quality products and the best possible service. However, sometimes there may be a problem and you may have a complaint. If you have a complaint, please contact us via email [email protected].

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