Article 1. Applicability
1.1 These General terms and conditions apply to all offers, orders and agreements of Betan Medix
1.2 Accepting an offer or placing an order means that you accept the applicability of these terms.
1.3 Deviation from these terms may only be done in writing, in which case the remaining provisions shall remain in force.
1.4 All rights and claims, as stipulated in these Terms and Conditions, and any further agreements of Betan Medix are also stipulated for Betan Medix intermediaries and other third parties.
Article 2. Offers/agreements
2.1 All Betan Medix offers are without obligation and Betan Medix expressly reserves the right to change prices, especially when necessary on the basis of (legal) regulations. See also Article 3.6.
2.2 An agreement is reached only after acceptance of your order by Betan Medix. Betan Medix is entitled to refuse orders or attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Betan Medix will communicate this within ten (10) working days after receipt of the order.
Article 3. Prices and Payments
3.1 The prices for the products and services offered are in either Euros or local valuta, including VAT and including handling and shipping, taxes or other charges unless otherwise stated or agreed in writing.
3.2 Payment must be made for private orders on-line in advance by the specified payment methods and for institutions without discount or compensation within fourteen (14) days after the invoice date for deliveries within the Netherlands, and within twenty (21) days after the invoice date if concerning deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be done online by using pre-payment. When paying by bank transfer, the date of payment is the date of crediting the bank account of Betan Medix.
3.4 In the event of late payment, you are in default starting from the day that payment should have been received and you are obligated to pay a default interest of 1% per month or part of a month on the outstanding amount starting from that day. If payment is made after having received a reminder, then you owe Betan Medix an amount of fifty Euros (€ 50.00) for administration costs and if Betan MediX outsources its claim for collection, you must also pay the collection costs, which are at least fifteen percent (15%) of the outstanding amount, and in addition Betan Medix reserves the right to claim actual extrajudicial collection costs.
3.5 If you are in default on any payment, Betan Medix is entitled to suspend or dissolve (and the implementation thereof) the agreement and related agreements.
3.6 If the prices for the products and services increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the price increase by Betan Medix.
Article 4. Delivery
4.1 The delivery times specified by Betan Medix are only indicative and may take up to 4 months. Late delivery does not entitle you to compensation or the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you cannot be reasonably expected to maintain the agreement. You are then entitled to cancel the order or terminate the agreement if necessary.
4.2 Delivery of the products will take place at the venue and at the time when the products are ready for shipment to you.
Article 5. Ownership Retention
5.1 The ownership of products is transferred only when the amount that you owe to Betan Medix under any agreement has been complied with. Any risks concerning the products is your responsibility starting at the time of delivery to you.
Article 6. Intellectual and industrial property
6.1 All intellectual and industrial property rights attached to products delivered by Betan Medix must be respected fully and unconditionally.
6.2 Betan Medix cannot guarantee that products delivered do not infringe any (unwritten) intellectual and / or industrial property of third parties.
Article 7. Complaints and liability
7.1 It is your responsibility to examine whether the products meet the agreement at the time of delivery. If this is not the case, you required to notify Betan Medix as soon as possible and in any case within seven (7) days after the delivery, or after the observation was reasonably possible, in writing / per email and providing sufficient detail.
7.2 If it is demonstrated that the products do not meet the agreement, Betan Medix may choose whether the products shall be returned and replaced by new products or a refund of the invoice value shall be made.
7.3 If you do not wish to accept purchase of a product for whatever reason, you as an individual have the right to return the product within 7 (seven) working days after delivery to Betan Medix. Returns are only accepted if the packaging of the product is undamaged and the costs for returns are applicable and at your expense.
7.4 As from the moment of shipment of your order through Betan Medix, Medix Betan assumes no responsibility for anything. For example, damage during transport, loss of the shipment during transport, allergic reactions, any demands made to you by a third party and loss or damage to your product.
Article 8. Warranty
8.1 If Betan Medix delivers to the customer, Betan Medix never provides a guarantee towards the customer that is in addition to the guarantee which Betan Medix enjoys from its own suppliers. Warranties will always be clearly indicated on the invoice. Claims due to visible defects must be conform to the conditions in the contract, but no later than 7 (seven) days within of receipt of the goods by the customer in writing. For consumers, this means a period of 14 days. Complaints received by Betan Medix after the expiry of this period are not required to be considered by Betan Medix.
Article 9. Orders / communication
9.1 Betan Medix is not liable for misunderstandings, mutations, delays or transmission of orders and messages resulting from the use of Internet or any other means of communication between you and Betan Medix or between Betan Medix and others, as relating to the relationship between you and Betan MediX, unless and to the extent there might be intentional or gross negligence on the part of Betan MediX.
Article 10. No results, money back
10.1 Your result is our top priority. We are confident that CellulitiX™ improves your cellulite and gives visible results. Our scientific research confirms that 92% of the women are satisfied with the use of CellulitiX™ and experience clear improvement. To demonstrate our confidence in our product, we guarantee that if you don’t have results, we will give your money back.
To prevent abuse, we are asking from you to take photographs which must demonstrate that CellulitiX™ has failed to produce visible cellulite reduction:
Therefore we need:
- Time stamped photos before and after 4 – 6 weeks of treatment. Nowadays, most cameras, smartphones and tablets automatically add a timestamp (with date).
- These photos should only show the treatment area of your body, without showing your face.
- Two views are required for submission:
- A posterior view between hip and knee
- A side view between hip and knee.
- Wear undergarment to ensure that your entire treatment area is visible.
- Take the photo at a distance of 40 – 60 inches (1.0 – 1.5 meter) from the camera.
- These photos must be send to [email protected] and the CellulitiX™ Cream and Massager to the following address: Duitsepoort 52E, 6221HH, Maastricht, the Netherlands within 50 days after purchase.
- Refund eligibility is determined once your return is received and inspected. We reserve the right to refuse a refund on any return shipment.
- After acceptance, we will refund your entire order, excluding restocking fee of £ 10, as long as all bottles purchased are returned. The shipping charge is non-refundable. In the event that a “free shipping” item is returned, shipping charge will be deducted from the final credit to cover shipping costs (for United Kingdom £ 14) . You are responsible for your own shipping and insurance cost when you return products to us.
- Please make sure that you qualify before returning your items. If you have any questions or concerns or are unclear as to whether or not you may qualify for a refund, contact [email protected]
Article 11. Force Majeure
11.1 Without prejudice to its other rights, in case of force majeure, Betan Medix has the right, at its option, to suspend the execution of your order or to inform you of the termination the agreement without judicial intervention and must be made in writing and without Betan Medix being liable for any compensation, unless this would be unacceptable in the circumstances regarding standards of reasonableness and fairness.
11.2 Force majeure is defined as any failure cannot be attributed to the account of Betan Medix, because it is not due to fault and is not provided for under law, a legal act or generally accepted.
Article 12. Miscellaneous
12.1 If you inform Betan MediX in writing of an address, Betan Medix reserves the right to send all orders to this address, unless you communicate another address in writing to Betan MediX.
12.2 If Betan Medix allows (passive) deviation from these Terms and Conditions for any period of time, this does not prejudice their right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any rights by virtue of the fact that Betan Medix implements leniency in applying these Terms and Conditions.
12.3 If one or more provisions of these Terms and Conditions or any other agreement with Betan Medix is in conflict with any applicable provision by law, the relevant provision will lapse and will be replaced a new and lawfully similar provision by Betan Medix.
12.4 Betan Medix reserves the right to make use of third parties in the execution of your order (s).
Article 13. Governing Law and Jurisdiction
13.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, including these conditions, are only applicable under Dutch law.
13.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
13.3 Betan Medix does not grant permission to use any photos, text or prices or other property on the website, unless agreed otherwise in writing.