Terms and Conditions of Genoss Aesthetic Distributor in the Netherlands

Effective Date: [01-07-2024]

These terms and conditions apply to all agreements between Genoss Aesthetic B.V., located at [Insert Address], and its distributors for the sale and distribution of Monalisa fillers in the Netherlands. Genoss Aesthetic B.V. is registered with the Dutch Chamber of Commerce under registration number [Insert KvK Number]. By entering into an agreement with Genoss Aesthetic B.V., the distributor agrees to comply with these terms and conditions.

1. Definitions

Genoss Aesthetic B.V.: The supplier of Monalisa fillers in the Netherlands, hereafter referred to as “Genoss.”

Distributor: Any entity that enters into an agreement with Genoss for the distribution of Monalisa fillers.

Products: Monalisa fillers of various kinds provided by Genoss.

Agreement: Any agreement between Genoss and the Distributor regarding the sale and distribution of Products.

2. Applicability

These terms and conditions apply to all Agreements between Genoss and the Distributor. Any deviations from these terms are only valid if explicitly agreed upon in writing by both parties.

3. Orders and Delivery

• Orders must be placed in writing or via the designated online ordering system.
• Genoss will confirm orders in writing. Only confirmed orders are binding.
• Delivery times are approximate. Genoss is not liable for any delays.
• The Distributor is responsible for inspecting the Products upon receipt and must notify Genoss of any defects or discrepancies within 7 days.

4. Prices and Payment

• Prices for the Products are listed in the current price list provided by Genoss.
• Prices are exclusive of VAT and other applicable taxes and duties.
• Payments must be made within 30 days from the invoice date, unless otherwise agreed in writing.
• In case of late payment, the Distributor will owe interest at a rate of 1% per month, calculated from the due date until full payment is received.
• Genoss reserves the right to suspend deliveries if the Distributor fails to meet payment obligations.

5. Transfer of Risk and Ownership

• The risk of loss or damage to the Products transfers to the Distributor upon delivery.
• Ownership of the Products remains with Genoss until full payment has been received.

6. Product Complaints and Returns

• Complaints regarding the Products must be reported to Genoss in writing within 7 days of delivery.
• If the complaint is justified, Genoss will, at its discretion, replace the Products or issue a credit note.
• Returns are only accepted if authorized in writing by Genoss and must be made within 14 days of delivery.

7. Distributor Responsibilities

• The Distributor must market and sell the Products in a professional manner and in accordance with all applicable laws and regulations.
• The Distributor must maintain accurate records of sales and inventory and provide Genoss with regular reports as agreed.
• The Distributor is responsible for any claims or liabilities arising from their marketing and sale of the Products.

8. Limitation of Liability

• Genoss is not liable for any indirect, incidental, or consequential damages arising from the use or sale of the Products.
• The maximum liability of Genoss for any claim, whether in contract, tort, or otherwise, is limited to the invoice value of the Products that gave rise to the claim.

9. Confidentiality

• The Distributor must keep all information received from Genoss confidential and use it only for the purpose of fulfilling their obligations under the Agreement.
• This obligation of confidentiality remains in effect after the termination of the Agreement.

10. Term and Termination

• The Agreement is effective from the date of signing and continues until terminated by either party with 30 days’ written notice.
• Genoss may terminate the Agreement immediately if the Distributor breaches any of its terms or if the Distributor becomes insolvent.

11. Governing Law and Dispute Resolution

• These terms and conditions are governed by Dutch law.
• Any disputes arising from or in connection with the Agreement will be resolved by the competent court in the district where Genoss has its registered office.

12. Amendments

Genoss reserves the right to amend these terms and conditions at any time. Any amendments will be communicated to the Distributor in writing and will take effect 30 days after such notification.

By entering into an Agreement with Genoss Aesthetic B.V., the Distributor acknowledges that they have read, understood, and agree to be bound by these terms and conditions.

For any questions or concerns regarding these terms and conditions, please contact Genoss Aesthetic B.V. at [Insert Contact Information].