Terms of service
1. General Provisions
(1) These General Terms and Conditions of Zavi B.V., Vlinderhof 1, 5345 JX Oss, the Netherlands, registered in the KvK under number 59125837 (hereinafter: "Zavimed"), apply to all business relationships, contracts, deliveries, and services, including future ones. Applicable legal regulations apply additionally.
(2) These terms are accepted by the buyer upon placement of an order, and at the latest upon receipt of the first delivery or service. They apply in their current version for the entire duration of the business relationship.
(3) Any deviating conditions of the buyer are excluded and shall not be considered accepted, even upon execution of the contract.
(4) A contract comes into effect upon our written order confirmation. If no written confirmation is issued, the contract comes into effect upon delivery, with the content of our invoice.
(5) Information on prices, services, or warranties is only binding for Zavimed when confirmed in writing.
(6) Information contained in brochures, catalogues, advertisements, price lists, or other marketing materials — including our website — is non-binding unless expressly stated as binding in the order confirmation.
(7) Zavimed retains all intellectual property rights to drawings, technical data, and descriptions. These may not be shared with third parties without prior written consent.
2. Prices
(1) Prices are stated in Euro (€) and are fixed net prices, ex warehouse Netherlands, excluding VAT, unless otherwise agreed. VAT is invoiced separately at the applicable rate.
(2) The prices valid at the time of contract conclusion apply. For business customers, Zavimed may pass on additional costs arising after contract conclusion (e.g. increased customs duties, taxes, or freight costs).
(3) Payment is due within 30 days of the invoice date without deduction, unless otherwise agreed in writing. After this deadline, the buyer is in default. Checks and bills of exchange are accepted for processing only. Transfer charges are borne by the buyer.
(4) Offsetting is only permitted against undisputed or legally established counterclaims.
(5) If a business buyer fails to meet payment terms, or if there are grounds to believe their financial situation has deteriorated, Zavimed may suspend deliveries, demand prepayment, or require adequate security.
3. Proposals
Proposals are made without obligation unless expressly stated otherwise.
4. Delivery
(1) The delivery period begins on the date of order confirmation, provided all required documents, approvals, and technical details have been received and any agreed deposit has been paid.
(2) Delivery periods are extended in the event of force majeure, administrative acts, export/import restrictions, industrial disputes, or delays in receiving essential materials. If delivery becomes permanently impossible due to such events, Zavimed may cancel the contract without liability.
(3) Partial deliveries are permitted.
(4) Timely dispatch of goods constitutes compliance with the agreed delivery period.
(5) If Zavimed fails to meet agreed delivery times, the buyer may withdraw from the contract after setting a reasonable written grace period that has not been met.
(6) If delivery is delayed due to circumstances within the buyer's sphere of responsibility, the risk of performance transfers to the buyer upon notification that the goods are ready.
5. Reservation of Proprietary Rights
(1) Delivered goods remain the property of Zavimed until full payment of all outstanding amounts from the business relationship.
(2) The buyer may resell retained-title goods in the normal course of business but may not pledge or assign them as security.
(3) The buyer assigns to Zavimed in advance all receivables arising from the resale of retained-title goods, up to the full amount of Zavimed's outstanding claims.
(4) The buyer remains entitled to collect these receivables as long as they fulfil their obligations to Zavimed.
(5) In the event of threatened insolvency or stoppage of payments, Zavimed is authorised to reclaim retained-title goods. The buyer irrevocably consents to this.
(6) The buyer must treat retained goods with care and immediately notify Zavimed of any third-party claims on those goods.
6. Warranty and Liability
(1) Zavimed grants the legally stipulated warranty period.
(2) Business buyers must report obvious defects in writing within 7 calendar days of delivery; non-obvious defects within 7 calendar days of discovery. Consumer buyers must report defects within 2 years of delivery in accordance with applicable consumer law.
(3) In the event of defective goods, Zavimed will, at its discretion, repair or replace the goods. Zavimed is not liable for costs arising from goods being located outside the agreed place of fulfilment.
(4) If remedy or replacement fails, the buyer may choose a price reduction or contract rescission. For minor defects, the right of rescission does not apply.
(5) Further liability — including for consequential damages — is excluded, except in cases of wilful intent or gross negligence.
7. Consumer Rights (EU)
(1) If the buyer is a consumer as defined under EU law, they have the right to withdraw from the contract within 14 days of receiving the goods, without giving any reason (cooling-off period). To exercise this right, the buyer must notify Zavimed at info@zavimed.com before the 14-day period expires.
(2) Returned goods must be unused, in their original packaging, and in the same condition as received. Return costs are borne by the buyer unless otherwise agreed.
(3) Refunds will be processed within 10 business days of receiving the returned goods and confirming their condition.
(4) The right of withdrawal does not apply to goods that have been customised or made to specification.
8. Online Dispute Resolution
For consumers in the EU, the European Commission provides an Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. Zavimed is not obliged to participate in alternative dispute resolution proceedings but is willing to do so where required by law.
9. Legal Regulations – Medical Devices
(1) The buyer is responsible for complying with all applicable regulations under the EU Medical Device Regulation (MDR 2017/745) and any national implementing legislation regarding the operation and use of medical devices. The buyer must ensure that mandatory device labelling is not altered.
(2) Buyers outside the Netherlands are responsible for complying with the national requirements of applicable EU directives and regulations in their country.
10. Place of Fulfilment and Jurisdiction
(1) Place of jurisdiction for dealings with business customers is the Netherlands. Dutch law applies, excluding conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) For consumer buyers, mandatory consumer protection provisions of the buyer's country of residence apply and are not affected by this clause.
11. Severability
Should any individual provision of these terms be or become void or unenforceable, the remaining provisions remain in full force. The void provision shall be replaced by an effective provision that comes closest to the intended commercial purpose.
Last updated: April 2026