TERMS & CONDITIONS

1. Scope, Functions, Contract Language

1.1 Scope

These Terms and Conditions apply to all activities on the NEUROSANTE B.V. website (www.neuroces.com), including browsing, purchasing, and account creation. They outline the rules governing your use of the website and our products and services, including all interactions related to purchasing our products.

These Terms and Conditions are intended to establish clear expectations for your experience on our website, covering topics such as data privacy, product information, order fulfillment, and rights as a consumer under Dutch and EU law. By using our site, you confirm that you understand and agree to comply with these Terms and Conditions.

1.2. Functions

The NEUROSANTE B.V. website offers a variety of functions to ensure a seamless customer experience, including but not limited to:

· Product Catalog and Descriptions: Detailed information on our products, including specifications, usage instructions, and pricing.

· Order Processing and Checkout: A secure, streamlined order process where you can add products to your cart, select payment methods, and complete transactions.

· Customer Account: Optional account creation, enabling you to store contact information, view order history, and manage preferences.

· Payment Gateway Integration: Payment options include credit cards and installment plans where available, processed securely through our payment partners.

· Shipping and Delivery Information: Accurate details on shipping times, costs, and areas served.

· Customer Support: Access to our support team for inquiries related to orders, product usage, returns, and refunds.

Our goal is to make these functions available for customer use across Europe, offering a user-friendly and compliant e-commerce experience.

1.3. Contract Language

The present contract and all related documents, including the Terms and Conditions and any order confirmations, are provided in English for the convenience of international customers. Neurosante B.V. is a company registered in the Netherlands (KvK 95437665). Consequently, this contract is governed by Dutch law.

In the event of any dispute regarding interpretation or enforcement, the English version shall apply, and the competent jurisdiction shall be the District Court of Amsterdam (Rechtbank Amsterdam), unless otherwise required by mandatory consumer-protection laws in the customer’s country of residence.

This ensures compliance with EU Directive 2011/83/EU on consumer rights and Regulation (EU) 1215/2012 on jurisdiction and recognition of judgments.

2. Registration, Conclusion of a User Agreement, and Access Data

2.1 Registration

To use certain features on the NEUROSANTE B.V. website, such as creating a customer account, you may be required to complete a registration process. During registration, you must provide accurate and complete information, including your name, email address, and any other required details. By registering, you agree to update your account information as needed to keep it accurate and current.

Your registration is only complete after you receive a confirmation email from NEUROSANTE B.V., acknowledging your successful registration and confirming your customer account.

2.2 Conclusion of a User Agreement

By registering on our website and agreeing to these Terms and Conditions, you are entering into a binding user agreement with NEUROSANTE B.V., governed by these Terms and Conditions, and the applicable laws of the Netherlands and the European Union. This user agreement remains in effect as long as your account is active on our website or until terminated by either party according to the terms provided.

The conclusion of a purchase on the website, once you have added products to your cart, confirmed order details, and completed payment, represents a separate contract of sale between you and NEUROSANTE B.V. This contract of sale is governed by the same terms and includes provisions for order fulfillment, payment, and delivery.

2.3 Access Data

During registration, you will create or be assigned access credentials, including a password. You are responsible for maintaining the confidentiality and security of your access data and agree not to disclose your password to any third party. Any activities conducted under your account will be considered as authorized by you.

If you suspect unauthorized use of your account or discover that your access data has been compromised, you must inform NEUROSANTE B.V. immediately via email at info@neuroces.com. NEUROSANTE B.V. will not be liable for any losses arising from unauthorized use of your access data, but we will take reasonable steps to help you secure your account once notified.

3. Provision of the Platform

3.1 Scope of Platform Services

NEUROSANTE B.V. provides an e-commerce platform at www.neuroces.com, where users can browse, learn about, and purchase products, specifically the NeuroCes™ Cranial Electrotherapy Stimulator and related services. The platform offers additional features, including a secure checkout, order tracking, and customer support, designed to ensure a safe and user-friendly shopping experience. NEUROSANTE B.V. is dedicated to maintaining the quality, accuracy, and reliability of information presented on the website, including product details, specifications, and pricing.

3.2 Platform Availability

While NEUROSANTE B.V. strives to make the platform available 24/7, we cannot guarantee uninterrupted access to the website. The website may be temporarily unavailable due to maintenance, technical issues, updates, or events beyond our control (force majeure). Scheduled maintenance, if necessary, will be communicated in advance, and we will make every effort to minimize any service disruptions. NEUROSANTE B.V. is not liable for any temporary or prolonged outages and their potential impact on users.

3.3 Technical Requirements

To use the platform, you must have access to the internet and compatible devices and software, such as an updated web browser. NEUROSANTE B.V. does not provide hardware, software, or internet access, and we are not responsible for any charges associated with your use of third-party services.

3.4 Platform Security

NEUROSANTE B.V. implements industry-standard technical and organizational measures to protect the security and integrity of the platform and user data, in compliance with Article 32 of the GDPR. Despite these precautions, complete security cannot be guaranteed on any digital platform. NEUROSANTE B.V. is not liable for damages resulting from unauthorized access, cyber-attacks, or other security incidents beyond our control.

3.5 Limitation of Liability for Platform Availability

NEUROSANTE B.V. shall not be liable for any losses, damages, or inconvenience resulting from platform downtime, accessibility issues, or any disruptions in service, whether anticipated or unforeseen. In all cases, NEUROSANTE B.V. will make reasonable efforts to restore platform functionality as quickly as possible.

4. Orders at NEUROSANTE B.V.

4.1 Order Process

To place an order with NEUROSANTE B.V., please follow these steps:

· Select your desired product(s) on www.neuroces.com and add them to your shopping cart.

· Review your cart contents, ensuring accuracy in product selection, quantity, and any other applicable options.

· Proceed to checkout, where you will be prompted to provide your contact, shipping, and payment information.

· Confirm your order by clicking the “Place Order” or equivalent button, signifying your intention to purchase and your agreement with these Terms and Conditions.

Upon successful submission of your order, you will receive an automated order confirmation email acknowledging receipt of your order.

4.2 Acceptance of Orders

An order placed on the NEUROSANTE B.V. website does not constitute a binding agreement until we have reviewed and confirmed the details. NEUROSANTE B.V. reserves the right to accept or reject orders at our discretion. The order becomes binding only upon sending a confirmation email confirming your order’s acceptance, or upon dispatch of the product(s).

NEUROSANTE B.V. may decline an order for reasons including, but not limited to:

· Product unavailability,

· Payment issues or incomplete payment,

· Incorrect or insufficient order details,

· Suspected fraudulent activity.

4.3 Modification and Cancellation of Orders

4.3.1 Customer-Initiated Modifications or Cancellations

If you wish to modify or cancel an order, please contact us as soon as possible at info@neuroces.com. Once the order has been processed for shipment, we may be unable to accommodate changes or cancellations. Any modifications or cancellations will be confirmed by NEUROSANTE B.V. via email.

4.3.2 NEUROSANTE B.V. Modifications or Cancellations

In exceptional cases, NEUROSANTE B.V. reserves the right to modify or cancel an order if unforeseen circumstances arise, such as a pricing error or stock discrepancies. In such cases, you will be promptly notified via email, and if payment was already completed, a full refund will be issued.

4.4 Pricing, Taxes, and Payment

4.4.1 Pricing Transparency and VAT Treatment

NEUROSANTE B.V. is committed to transparent and consistent pricing practices. All prices displayed on the website www.neuroces.com are shown in Euros (€) and remain the same for all customers, regardless of their country of residence or delivery destination.

For customers located within the European Union, all prices displayed on the website are VAT-inclusive and represent the final consumer price in accordance with applicable EU VAT regulations. No additional taxes or fees related to VAT are charged at checkout for EU customers.

For customers located outside the European Union, including the United Kingdom, EFTA countries, and other selected European countries, the same displayed prices are considered VAT-exclusive. No VAT is charged at checkout for such customers. Import VAT, customs duties, handling fees, or other local taxes may be imposed by the destination country’s authorities and are payable by the customer upon delivery.

NEUROSANTE B.V. reserves the right to adjust prices at any time. Any such changes will not affect orders that have already been placed and confirmed. The price displayed at the time of order confirmation shall be honored as the final price for that purchase, subject to the VAT treatment described above.

4.4.2 Sales to EU VAT-Registered Businesses (B2B Transactions)

If NEUROSANTE B.V. sells products to a business customer registered for VAT in another EU Member State, VAT may not be charged on the sale where the reverse charge mechanism applies, in accordance with EU VAT legislation. In such cases, the purchasing business is responsible for accounting for VAT in its own country.

To apply the reverse charge mechanism, the purchaser must provide a valid EU VAT registration number during the checkout process using the designated custom field.

Due to technical limitations of the e-commerce platform, automatic validation of VAT registration numbers via the EU VIES system is not currently possible. Therefore:

· NEUROSANTE B.V. will manually verify the provided VAT registration number after the order is placed and prior to shipment.

· If the VAT registration number is invalid, incomplete, or cannot be verified, the order will be processed with VAT included as displayed on the website.

Where a valid VAT registration number is confirmed, NEUROSANTE B.V. will issue a VAT-free invoice reflecting the reverse charge mechanism and refund the VAT amount, if applicable, within ten (10) business days following verification.

By placing an order, the purchaser agrees to this verification process and acknowledges that VAT refunds are subject to confirmation and approval by NEUROSANTE B.V.

4.4.3 Sales to Final Consumers within the European Union (B2C Transactions)

For sales to private individuals or non-VAT-registered entities within the European Union, VAT is charged at the applicable rate in accordance with EU VAT rules.

NEUROSANTE B.V. may use the EU One-Stop-Shop (OSS) scheme to declare and remit VAT for cross-border B2C sales within the EU through a single VAT registration in the Netherlands.

All prices displayed to EU consumers are VAT-inclusive and represent the final price payable at checkout.

4.4.4 Sales to Non-EU Countries

For deliveries to countries outside the European Union, including the United Kingdom, EFTA countries, and other selected European countries, VAT is not charged at checkout. The displayed prices are treated as VAT-exclusive for such transactions.

Customers outside the EU may be required to pay import VAT, customs duties, clearance fees, or other local taxes upon arrival of the goods in their country. These charges are determined by local authorities and are entirely the responsibility of the customer.

NEUROSANTE B.V. complies with applicable export and VAT regulations and maintains accurate records of cross-border transactions for audit and reporting purposes.

4.4.5 VAT and Customs Compliance

Customers are solely responsible for ensuring compliance with their local VAT, customs, and import regulations. NEUROSANTE B.V. has no control over, and shall not be liable for, any import taxes, customs duties, or additional charges imposed by authorities or courier services in the destination country.

Any such charges are payable by the customer directly to the relevant authority or carrier at the time of delivery.

4.4.6 Payment Methods

Payments on this website are processed securely through Wix Payments, provided by Wix.com Ltd. and its affiliated financial entities (including Wix Payments Europe UAB for transactions within the European Economic Area).

Accepted Payment Methods:

We offer a variety of secure payment options to suit your preferences:

· Credit and Debit Cards: We accept all major credit and debit card brands.

· Digital Wallets: Secure and fast payments are available through Apple Pay and Google Pay.

· Online Bank Transfers: For customers in supported regions, we accept direct bank transfers via iDEAL and Wero.

· Flexible Payments (Klarna): Eligible customers may choose Klarna at checkout to benefit from flexible payment options, including “Buy Now, Pay Later” or installment plans.

· Offline Payments: We also accept offline payments. If you choose this method, please follow the specific instructions provided during the checkout process to complete your transaction.

Processing and Security:

All online transactions are encrypted and processed in compliance with Payment Card Industry Data Security Standards (PCI DSS). Your financial information is handled directly by Wix Payments or the respective payment provider and is not stored on our servers.

Terms and Conditions:

By selecting any of the above payment methods, you agree to the Wix Payments Terms of Service (available at https://www.wix.com/about/terms-of-payments) and, where applicable, the terms provided by third-party providers such as Klarna.

4.5 Order Confirmation and Shipping Notification

Upon acceptance of your order, you will receive an order confirmation email, followed by a shipping notification email with tracking information once your order has been dispatched. The tracking number will allow you to monitor your order’s status.

4.6 Errors in Order Processing

If an error occurs during order processing, please notify us as soon as possible by contacting info@neuroces.com. We will work to resolve any issues promptly, including addressing incorrect charges, order cancellations, or adjustments.

4.7 Conclusion of Contract

4.7.1 Offer and Acceptance

The display of products on the NEUROSANTE B.V. website constitutes an invitation to treat, meaning it allows customers to submit an offer to purchase. By selecting a product and completing the checkout process, you are submitting an offer to enter into a contract with NEUROSANTE B.V. for the purchase of that product under these Terms and Conditions.

4.7.2 Confirmation and Acceptance of Order

Upon receiving your order, NEUROSANTE B.V. will send an automatic confirmation email acknowledging receipt of your order. This acknowledgment confirms that we have received your order but does not yet constitute acceptance. A binding contract of sale between you and NEUROSANTE B.V. is only formed when we send you a second email confirming that your order has been processed and dispatched (Shipping Confirmation).

4.7.3 Right to Refuse or Modify Orders

NEUROSANTE B.V. reserves the right to refuse or cancel an order before issuing the Shipping Confirmation, for legitimate reasons including, but not limited to:

· Product unavailability,

· Incomplete or incorrect order information,

· Payment issues or incomplete payment,

· Suspected fraudulent activity.

If an order cannot be fulfilled, NEUROSANTE B.V. will notify you as soon as possible. If payment has already been completed, a full refund will be issued to your original payment method.

4.7.4 Order Cancellation by Customer

Customers may request to cancel an order by contacting NEUROSANTE B.V. at info@neuroces.com before the Shipping Confirmation is issued. Once the Shipping Confirmation has been sent, the order can no longer be canceled, and the customer may need to follow the return process under Article 4.11 Right of Withdrawal if they wish to return the product.

4.7.5 Documentation of Contract

The contract details, including your order information and applicable Terms and Conditions, will be stored by NEUROSANTE B.V. and made available to you upon request. We recommend retaining the order confirmation and shipping confirmation emails for future reference, as these documents serve as your proof of purchase.

4.7.6 Language of Contract

The present contract and all related documents, including the Terms and Conditions and any order confirmations, are provided in English for the convenience of international customers. Neurosante B.V. is a company registered in the Netherlands (KvK 95437665). Consequently, this contract is governed by Dutch law.

In the event of any dispute regarding interpretation or enforcement, the English version shall apply, and the competent jurisdiction shall be the District Court of Amsterdam (Rechtbank Amsterdam), unless otherwise required by mandatory consumer-protection laws in the customer’s country of residence.

This ensures compliance with EU Directive 2011/83/EU on consumer rights and Regulation (EU) 1215/2012 on jurisdiction and recognition of judgments.

4.8 Data Protection

NEUROSANTE B.V. treats all personal data confidentially and in accordance with GDPR and relevant data protection regulations. Personal data collected on our website is used solely for order processing, account management, and improving services. We do not share personal data with third parties unless required for order fulfillment or by law.

For a detailed overview of our data handling practices and your rights under GDPR, please refer to our full data protection declaration at https://www.neuroces.com/privacy-policy.

4.9 Delivery

4.9.1 Delivery Process

NEUROSANTE B.V. is committed to ensuring prompt and reliable delivery of all orders. Once an order is placed and payment is confirmed, the order is processed for dispatch.

NEUROSANTE B.V. primarily uses PostNL or other suitable courier service providers to ensure secure and timely delivery. Customers will receive shipment tracking information once their order has been dispatched.

4.9.2 Delivery Area

NEUROSANTE B.V. delivers products exclusively to the following countries and regions:

· European Union (EU): all member states of the European Union

· European Free Trade Association (EFTA): Switzerland, Norway, Iceland, and Liechtenstein

· United Kingdom (UK)

· Selected other European countries: Serbia, Bosnia and Herzegovina, Montenegro, North Macedonia, Albania, Kosovo, and Moldova

Orders placed for delivery to countries outside the list above are not accepted. NEUROSANTE B.V. reserves the right to refuse or cancel orders if the delivery address is located in a country that is not included in the eligible delivery area.

Customers are responsible for ensuring that their delivery address is located in one of the eligible countries listed above before placing an order. If an order is placed for a non-eligible destination, the customer will be promptly notified and a full refund will be issued.

For confirmation of delivery eligibility prior to placing an order, customers may contact info@neuroces.com.

4.9.3 Delivery Times

Orders are typically processed within one to three business days following payment confirmation.

Estimated delivery times are as follows:

· European Union: approximately 1–7 business days

· EFTA countries and the United Kingdom: approximately 3–10 business days

· Other European countries: approximately 4–14 business days

Delivery times are estimates and not guaranteed. NEUROSANTE B.V. shall not be held liable for delays caused by circumstances beyond its reasonable control, including but not limited to carrier delays, customs clearance procedures, regulatory inspections, or force majeure events.

4.9.4 Shipping Costs

NEUROSANTE B.V. applies the following standard shipping policy for deliveries to eligible European countries:

· Orders with a total value of 100 EUR or more: free standard shipping

· Orders with a total value below 100 EUR: a flat shipping fee of 5 EUR

Applicable shipping costs are clearly displayed during the checkout process before the order is finalized.

Orders are shipped via reliable courier services such as PostNL or equivalent providers, depending on the destination. At this time, expedited or express shipping options are not available.

4.9.5 Customs, Import Duties and Taxes

All orders placed on www.neuroces.com are shipped from distribution facilities located in the Netherlands or Germany.

· Deliveries within the European Union (EU):
No customs duties apply. Value Added Tax (VAT) is handled in accordance with EU regulations and is included in the price displayed at checkout.

· Deliveries to EFTA countries (Switzerland, Norway, Iceland, Liechtenstein), the United Kingdom, and the following non-EU European countries: Serbia, Bosnia and Herzegovina, Montenegro, North Macedonia, Albania, Kosovo, and Moldova:
The shipment is treated as an international delivery. Customs duties, import VAT, handling fees, or other charges may be imposed by the destination country’s authorities or the courier service. All such charges are payable by the customer upon import.

Orders shipped to the United Kingdom are dispatched on a Delivered At Place (DAP) basis. NEUROSANTE B.V. has no control over customs procedures or the amount of any duties or taxes imposed and cannot predict their value.

Customers are advised to contact their local customs authorities for detailed information on applicable import charges prior to placing an order. NEUROSANTE B.V. shall not be liable for delays caused by customs clearance procedures or for any customs-related fees incurred.

4.10 Liability for Defects

NEUROSANTE B.V. is committed to providing high-quality products. If any defects are found in our products upon delivery, the following terms apply:

4.10.1 Warranty and Defective Products

NEUROSANTE B.V. offers a warranty period of two years for products purchased through our website, in compliance with consumer protection laws in the Netherlands and the EU. If you discover a defect within this two-year period, please contact us at info@neuroces.com with details of the defect, proof of purchase, and any relevant photos.

4.10.2 Rights in Case of Defects

If a product is found to be defective within the warranty period, NEUROSANTE B.V. will, at its discretion, offer one of the following solutions:

· Repair of the Defective Product: We may repair the defective product at no cost to you.

· Replacement with a New Product: We may replace the defective product with a new item of the same model.

· Refund: If repair or replacement is not feasible, NEUROSANTE B.V. will issue a refund for the defective product.

4.10.3 Exclusions from Liability

NEUROSANTE B.V. is committed to providing accurate and reliable information and services on its website, www.neuroces.com. However, NEUROSANTE B.V. shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use its products or website, including, but not limited to, damages for lost profits, loss of data, business interruption, or any other commercial damages or losses.

NEUROSANTE B.V. makes no warranties, express or implied, regarding the accuracy, reliability, or completeness of any content provided on the website or any results that may be obtained from its use. The user assumes full responsibility for any decisions or actions based on the information provided by NEUROSANTE B.V. Additionally, NEUROSANTE B.V. shall not be liable for any damages resulting from:

· Use of products in ways not intended or recommended.

· Incompatibility of the website with the user’s technology or inability to access the website.

· Any errors, omissions, or inaccuracies in content.

· Events beyond NEUROSANTE B.V.’s reasonable control, including delays, interruptions, or damages caused by acts of nature, government regulations, or any other third-party service provider.

The following accessories are excluded from warranty coverage:

· Ear Clip Electrode for NeuroCes™ PWL-05 (1 pair)

· Ear Clip Electrode for NeuroCes™ PWL-05 (2 pairs)

· Ear Clip Electrode for NeuroCes™ PWL-05 (5 pairs)

· Lead Wire for NeuroCes™ PWL-05 (1 pcs.)

These products are not covered by warranty due to the following rationale:

· Disposable or Consumable Nature: These accessories are classified as consumable items with a limited lifespan due to normal wear, which necessitates periodic replacement.

· Hygiene and Safety: For hygiene reasons, accessories like electrodes that come into direct contact with users are excluded from warranty, as they are generally intended for single or limited-use scenarios.

· Expected Usage Wear: Lead wires and electrodes are frequently attached and removed, leading to natural wear over time. Such wear from typical usage is not covered under warranty policies.

· Product Functionality Assurance: While the NeuroCes™ Cranial Electrotherapy Stimulator device itself is covered by warranty, these accessories do not directly impact the device’s overall functionality and can be replaced without affecting product performance.

This limitation of liability applies to the fullest extent permitted by applicable law.

4.10.4 Reporting Defects

Defects should be reported as soon as they are discovered, within the two-year warranty period. NEUROSANTE B.V. may request additional information, such as proof of the defect and purchase details, to process a repair, replacement, or refund.

4.10.5 Limitation of Liability

NEUROSANTE B.V. is not liable for indirect, incidental, or consequential damages arising from a defect, beyond the repair, replacement, or refund of the product. Our liability is limited to the original purchase price of the defective item.

4.11 Right of Withdrawal

4.11.1 Withdrawal Period

In compliance with EU consumer protection laws, you have the right to withdraw from your purchase within 14 days without providing a reason. The withdrawal period starts on the day you, or a third party designated by you (other than the carrier), receive the product.

4.11.2 Exercising the Right of Withdrawal

To exercise your right of withdrawal or request a return, please initiate your request by clicking the button below:

[ Return or Cancel Order ]

Alternatively, you may send a clear, written statement to info@neuroces.com, including your full name, address, order number, purchase date, and a statement confirming your intention to withdraw.

4.11.3 Model Withdrawal Form

You may use the following template to submit your withdrawal request:

[ Download Model Withdrawal Form ]

(If you prefer to submit it manually, you can copy the details below and send them to info@neuroces.com)

Model Withdrawal Form

To: NEUROSANTE B.V., Snellius 1, 6422 RM Heerlen, The Netherlands
E-mail: info@neuroces.com
Statement: I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:
Ordered on: [Date]
Received on: [Date]
Name of the consumer(s): [Name]
Address of the consumer(s): [Address]
Date: [Date]
Signature: __________________

4.11.4 Conditions for Return of Products

If you withdraw from the purchase, you must return the products to the address below within 14 days of notifying NEUROSANTE B.V. of your decision:

Return Address: NEUROSANTE B.V., Snellius 1, 6422 RM Heerlen, The Netherlands.

Products must be returned in their original, unused, and unopened condition with all original packaging, security seals intact, documentation, and accessories. Due to the medical nature of the device and for health protection and hygiene reasons, the NeuroCes™ device cannot be returned if its packaging has been opened, its security seal has been broken, or it has been used.

4.11.5 Refund Process

Once the returned product(s) are received and inspected, NEUROSANTE B.V. will issue a refund within 14 calendar days for legal withdrawals. Refunds will be issued to the original payment method. Shipping costs paid during the original purchase are non-refundable unless the return is due to a defective or incorrect item. In the event of a payment dispute, NEUROSANTE B.V. reserves the right to submit these Terms and Conditions as evidence.

4.11.6 Exclusions from the Right of Withdrawal

For health and hygiene reasons, and in accordance with Article 16(e) of Directive 2011/83/EU, the right of withdrawal shall be strictly excluded for:

The NeuroCes™ Cranial Electrotherapy Stimulator if the safety seal is broken, the packaging is opened, or the device has been used.
All accessories, including all Ear Clip Electrodes and Lead Wires, once unsealed, opened, or used.

4.11.7 Customer Responsibility for International Returns

For returns originating from countries outside the European Union, the customer is solely responsible for ensuring that the return shipment is properly declared for customs purposes. All return shipments must be clearly marked as “Returned Goods” and sent on a Delivered At Place (DAP) basis. NEUROSANTE B.V. does not act as importer of record for returned goods and shall not undertake any customs clearance procedures, payment of import VAT, customs duties, or handling fees. Any costs incurred by NEUROSANTE B.V. due to improper customs declaration shall be borne entirely by the customer and may be deducted from the refund amount.

4.12 Miscellaneous

4.12.1 Entire Agreement

These Terms and Conditions, along with NEUROSANTE B.V.’s Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NEUROSANTE B.V. concerning the use of the website and purchase of products. Any other terms, whether written or verbal, are excluded from this agreement unless expressly incorporated.

4.12.2 Severability

If any provision of these Terms and Conditions is found to be invalid, unenforceable, or unlawful by a competent authority, such provision will be deemed severed from the remaining terms. The validity and enforceability of the remaining provisions shall not be affected, and the terms shall continue in full force and effect.

4.12.3 Waiver

Failure by NEUROSANTE B.V. to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other rights. Any waiver of rights must be explicitly stated in writing and agreed upon by NEUROSANTE B.V.

4.12.4 Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Netherlands. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in the Netherlands.

4.12.5 Changes to Terms and Conditions

NEUROSANTE B.V. reserves the right to modify or update these Terms and Conditions at any time. Any changes will be posted on our website and will be effective immediately upon publication. It is the responsibility of the user to review these terms periodically. Continued use of the website after changes are posted constitutes acceptance of the modified terms.

4.12.6 Force Majeure

NEUROSANTE B.V. shall not be liable for any delay or failure to fulfill our obligations under these Terms and Conditions resulting from events beyond our reasonable control, including, but not limited to, natural disasters, war, strikes, epidemics, governmental restrictions, or failure of internet services.

4.12.7 Contact Information

For any questions regarding these Terms and Conditions, please contact us at:

NEUROSANTE B.V.
Snellius 1, 6422 RM Heerlen, The Netherlands
Email: info@neuroces.com
Phone: +31 6 27 83 77 65

5. Term and Termination

5.1 Duration of the User Agreement

The user agreement is established for an indefinite period. Either you or NEUROSANTE B.V. may terminate this agreement at any time with a notice period of two weeks, without the need to provide a reason.

5.2 Notice of Termination

Termination must be communicated in writing. You may provide notice of termination via email to info@neuroces.com, or through other written means. NEUROSANTE B.V. will confirm receipt of your termination notice within a reasonable period.

5.3 Effect of Termination

Upon termination, your access to NEUROSANTE B.V. services and website will cease following the two-week notice period. Any obligations regarding completed transactions or orders prior to termination will remain in effect until fulfilled.

6. Usage Fee

The use of the NEUROSANTE B.V. platform is free of charge. You are not required to pay any fees for accessing or browsing the website.

7. Prohibition of Abuse

Users of the NEUROSANTE B.V. platform are expected to engage responsibly and respectfully. The following actions are strictly prohibited:

7.1 Unauthorized Access and Use

Attempting to access, interfere with, or use any part of the NEUROSANTE B.V. website or services in an unauthorized manner, including bypassing security features, is prohibited.

7.2 Misrepresentation and Fraud

Providing false information, creating fake accounts, using others’ personal or payment information without authorization, or engaging in any form of fraud or deceitful activity is strictly forbidden.

7.3 Disruption of Platform Operations

Engaging in actions that disrupt or harm the functionality of the NEUROSANTE B.V. platform, such as introducing malicious software, conducting denial-of-service attacks, or manipulating data, is prohibited.

7.4 Intellectual Property Infringement

Reproducing, copying, distributing, or exploiting any part of the platform or its content for commercial purposes without prior written consent from NEUROSANTE B.V. is prohibited.

7.5 Consequences of Abuse

NEUROSANTE B.V. reserves the right to suspend or terminate access to the platform without notice if any abusive or prohibited activity is detected. Legal action may be pursued if abuse results in harm to the company, its users, or its partners.

8. Warranty

8.1 No Guarantee of Third-Party Services

NEUROSANTE B.V. does not guarantee the functionality of your internet access or any third-party services, such as mobile phone services, that may be required to access or use our platform. The availability and quality of these services are outside our control.

8.2 Risks in Using the Platform

Please be aware that using the NEUROSANTE B.V. platform carries certain risks, particularly regarding unauthorized access to user data. These risks include, but are not limited to, password theft, data manipulation, hacking, and other unauthorized disclosures of information. NEUROSANTE B.V. will take reasonable measures to mitigate these risks; however, we do not assume liability for such incidents. Therefore, platform usage is undertaken at your own risk.

8.3 Potential for Interruptions

Maintenance, updates, upgrades, errors, or other causes may result in temporary interruptions or malfunctions on the platform. NEUROSANTE B.V. will work to resolve technical issues promptly within our technical capabilities but cannot guarantee uninterrupted access to the platform.

8.4 Statutory Warranty Law

Beyond the provisions above, NEUROSANTE B.V. adheres to statutory warranty laws as applicable.

9. Liability

9.1 Limitation of Liability

NEUROSANTE B.V. is only liable for damages caused by intentional or grossly negligent behavior within the limits established by applicable law. In cases of ordinary negligence, NEUROSANTE B.V. is only liable for damages resulting from injury to life, body, or health, or for breaches of essential contractual obligations (obligations whose fulfillment enables the proper execution of the contract and on which you may rely).

9.2 Exclusion of Liability for Indirect and Consequential Damages

NEUROSANTE B.V. shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, data, goodwill, or anticipated savings, arising from or related to the use or inability to use the platform or any of our products, even if we were advised of the possibility of such damages.

9.3 No Liability for Third-Party Services

NEUROSANTE B.V. assumes no liability for the availability, functionality, or security of third-party services, including but not limited to internet access, mobile phone networks, or other external providers required to access our platform or services.

9.4 Customer Responsibility for Security

While NEUROSANTE B.V. takes measures to protect user data and secure the platform, ultimate responsibility for the protection of your login credentials and personal information rests with you. We recommend taking necessary precautions, such as using strong passwords and protecting your devices, to mitigate risks.

9.5 Liability for Content

NEUROSANTE B.V. makes no warranty or guarantee as to the accuracy, completeness, or reliability of any content on the platform. Any reliance on such content is at your own risk.

9.6 Liability for Unavoidable Interruptions

We strive to ensure that our platform operates smoothly and without interruption; however, NEUROSANTE B.V. cannot be held liable for service interruptions caused by maintenance, updates, or factors beyond our control, including but not limited to force majeure events.

9.7 Statutory Liability

In all other respects, the statutory liability provisions apply. Nothing in these Terms and Conditions shall exclude or limit our liability where it is unlawful to do so under applicable law.

10. Online Dispute Resolution

In accordance with EU regulations, NEUROSANTE B.V. is required to inform consumers about the European Online Dispute Resolution (ODR) platform, which provides an alternative for resolving disputes related to online purchases.

10.1 ODR Platform

The European Commission provides an Online Dispute Resolution platform, which can be accessed at https://ec.europa.eu/consumers/odr. This platform serves as a resource for consumers who wish to resolve disputes arising from online transactions outside of traditional court proceedings.

10.2 Contact Information

While NEUROSANTE B.V. encourages customers to contact us directly at info@neuroces.com to resolve any issues, customers may also choose to use the ODR platform for dispute resolution. Our email address for dispute resolution purposes is info@neuroces.com.

10.3 Participation in Alternative Dispute Resolution

NEUROSANTE B.V. is not obliged to participate in alternative dispute resolution procedures before a consumer arbitration board and currently does not participate in such programs. However, we remain committed to resolving any complaints directly and encourage customers to reach out to our support team.

11. Applicable Law

11.1 Governing Law

These Terms and Conditions, along with any transactions, disputes, or claims arising from or related to your use of the NEUROSANTE B.V. website, are governed by and construed in accordance with the laws of the Netherlands. This includes any questions regarding the formation, interpretation, and enforceability of these Terms and Conditions.

11.2 Consumer Protection within the European Union

For consumers within the European Union, the application of Dutch law as the governing law of this agreement does not override the mandatory consumer protection laws applicable in your country of residence. This means that you may still benefit from specific legal protections granted by your local jurisdiction that are applicable to consumer contracts, even when Dutch law governs this agreement.

11.3 Jurisdiction

All disputes arising out of or in connection with these Terms and Conditions or your use of the NEUROSANTE B.V. platform shall be subject to the exclusive jurisdiction of the courts of the Netherlands, provided that this does not conflict with mandatory legal protections that may grant consumers the right to bring claims in their local jurisdiction.

11.4 Cross-Border Dispute Resolution

For cross-border disputes within the European Union, consumers may choose to use the Online Dispute Resolution (ODR) platform offered by the European Commission as an alternative to court proceedings. More information on this platform can be found at https://ec.europa.eu/consumers/odr.

12. Customer Service

12.1 Availability

Our customer service team is available to assist with your inquiries by email at info@neuroces.com or through our free service hotline at +31 6 27 83 77 65 during regular business hours. We strive to provide timely and comprehensive support for any questions you may have.

12.2 Scope of Support

NEUROSANTE B.V. does not provide medical advice related to third-party offers or orders. Our customer service is dedicated to assisting you specifically with orders placed through NEUROSANTE B.V., including but not limited to:

· Product Information: Details about the intended use of the products, instructions for their use, and technical specifications.

· Order Support: Technical assistance for completing your order on our platform.

· Delivery and Return Assistance: Information on product delivery timelines, tracking, and the return process.

· Complaint Resolution: Addressing any issues related to orders, such as delays or irregularities in contract processing.

If necessary to resolve your inquiry, NEUROSANTE B.V. will contact third-party partners on your behalf to facilitate a response.

13. Amendments

13.1 Right to Amend Terms

NEUROSANTE B.V. reserves the right to amend or update these Terms and Conditions at any time to reflect changes in legal requirements, business practices, or other valid reasons. Amendments will be posted on the website and will become effective upon publication.

13.2 Notification of Changes

If changes to these Terms and Conditions significantly affect your rights or obligations, NEUROSANTE B.V. will make reasonable efforts to notify you directly using the contact information provided, or through a prominent notice on our website.

13.3 Acceptance of Amendments

By continuing to use NEUROSANTE B.V.’s services after the amendments have been posted, you agree to be bound by the updated Terms and Conditions. If you do not agree with the changes, you may discontinue using our services and request termination of any accounts you have with us.

13.4 Retention of Terms

NEUROSANTE B.V. will not retain prior versions of these Terms and Conditions. We recommend that you review and save a copy of the Terms and Conditions at the time of your purchase for future reference.

14. Final Provisions

14.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between you and NEUROSANTE B.V. concerning the use of our services. There are no oral or written side agreements beyond what is outlined here.

14.2 Severability Clause

If any individual provision of these Terms and Conditions is deemed invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally valid provision that most closely reflects the intent of the original.

15. Provider Identification

Provider: NEUROSANTE B.V.

Registered Address: Snellius 1, 6422 RM Heerlen, The Netherlands

Chamber of Commerce (KvK) Registration Number: 95437665

VAT Number: NL867130441B01

Contact Email: info@neuroces.com

Customer Service Hotline: +31 6 27 83 77 65

Managing Director: Selim Akdemir

This information is provided in accordance with legal requirements and ensures transparency for our customers.