The Terms and Conditions of Speechlabel B.V., located at Roomweg 79, 7523 BL, in Enschede, registered with the Chamber of Commerce under number 73218464. This version has been established on April 1, 2019.
Application of these and other conditions
- In addition to our disclaimer and privacy statement the following conditions apply to the use of our website and app (hereinafter referred to as 'Applications'). Our Applications can only be used under these conditions, so if you continue to use the Applications you agree to these terms. If we make any changes to our terms and conditions, you will be informed.
- If you place an order with us, these Terms and Conditions will apply.
There are certain things which we are not responsible for and/or can exert no influence on:
- In addition to our Terms and Conditions, conditions from the App Store or Google Play may also apply when searching, obtaining, installing and/or downloading the app. Please refer to the relevant terms and conditions (including a privacy statement).
- When the app uses or refers to third party services or data, the terms and conditions (including a privacy statement) of those third parties shall also apply. Please read the terms and conditions of these third parties to find out what they are doing with your data.
- The app may contain links to external web pages or show content from external web pages. We are not liable for the use, content or functioning of web pages or other online applications. We are also not responsible for processing your personal data via these external web pages.
Use of our Applications
- Our Applications are mainly intended for people who are blind, have low vision, are low-literate or illiterate.
- The Applications are completely free to use, but when you order products from us you are obligated to pay for these products.
Offers and/or quotations
- Companies can request a quote from us if they intend to order a significant amount of our products. Furthermore, all offers made through our Applications are completely free of obligations, a period for acceptance is mentioned in the offer.
- All offers and/or quotations are valid as long as supplies last.
- We cannot be held to our offers and/or quotations if you should have understood that the offer or an element thereof contains an obvious mistake or error.
- Offers and/or quotations do not automatically apply for future orders or reorders.
Purchases via our Applications
In case you as a consumer make a purchase through our Applications, the following rules apply:
- We will deliver the product within thirty days at the latest.
- With regard to custom-made products, you do not have the right to revoke the purchase within fourteen days of receiving the product.
- With regard to the other products offered by us that are not custom-made, you do have the right to revoke the purchase within fourteen days of receiving the product.
- If we have not fulfilled our obligation to provide information or have not provided details in the correct form, you have the right to revoke the purchase for one year after receiving the product, without giving any reason.
- If you want to revoke the purchase, you can send an e-mail to firstname.lastname@example.org or in any other way you choose.
- If you make use of this possibility, you must return the product to us within fourteen days. We will then, in return, refund the full amount paid including the shipping costs paid by you, within fourteen days.
- If certain products are not available, we will inform you as soon as possible. If you have already paid, we will refund this amount.
- In case you as a consumer make a purchase through our Applications, the following rules apply:
- We will deliver the products at your specified address.
- You are obliged to accept the purchased products, unless there are serious objections to this or when this entails unreasonable costs.
- If you refuse to accept the ordered product or are negligent in providing the information or instructions that we need to deliver the product, we will store the products you ordered at your risk and expense.
- The delivery will take place within a period specified by us.
- If we have specified a time limit for delivery, this period can never be seen as a strict deadline.
- You must ensure that all details required for delivery are known to us. If they are not yet known to us, the delivery period begins when you have given us this information.
- The ordered products are at our expense and risk until the moment they are delivered to you.
- The risk of loss, damage or impairment to the product, after delivery, will be left to you or to the third party to whom we have supplied the product according to your instructions.
Retention of title
- All products delivered by us remain our property until you have fully met your payment obligation. As long as we still own the products, you may not resell, pledge or otherwise encumber that which falls under the retention of title.
- All our prices include VAT and other government charges.
- Our prices do not include any travel and accommodation costs, unless otherwise indicated.
- If there are any additional costs, we will timely provide information to show why these costs can be charged to you.
- If you are a consumer, payment of the products you have ordered must be done in advance in the manner chosen by us.
- If you place an order in the capacity of company, you will be given the choice to pay either in advance or afterwards in the manner chosen by us.
- If you wish to pay afterwards, payment must be made within fourteen days after the invoice date.
- You are not authorized to deduct the amount you have to pay on a counterclaim against us.
- Objections to the level of the price do not waive the obligation to pay.
Intellectual property and the functioning of the Applications
- All rights of intellectual and industrial property and other rights to (the content of) the Applications rest exclusively with us or those who have developed (the content of) the Applications for us.
- Under these conditions we grant you a revocable and limited license for the normal and non-commercial use of the Applications. The license is not exclusive, non-sublicensable and non-transferable. The license and use of the app are free, but you will need to take into account any charges for the (data) use of your device. You should also make sure that your device is adequately protected against unauthorized use by third parties, malware, viruses and similar inconveniences.
- You may not sell, rent, decompile or modify the app without our prior written consent.
- When using our Applications, you must ensure that our name, our reputation and our rights will not be harmed in any way whatsoever.
- We guarantee that the products we deliver comply with the agreement. We further ensure that the products delivered meet the usual requirements and standards that can be reasonably set. Furthermore, the products possess properties which, taking all circumstances into account, are required for the normal use of the products.
- For all our products, including our custom-made products, for both companies and consumers, we only offer a guarantee if several products have been ordered and more than ten per cent of the number of products arguably do not work properly.
- We apply a fourteen-day warranty period that begins when you receive the products. You must check the products within fourteen days of receiving them to see if any defects are present.
- The warranty specified in these Terms and Conditions applies to use within and outside The Netherlands.
- If the delivered product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise.
- If the delivered product does not comply with the guarantee, we will, after stating this, proceed to reimburse the amount paid for the defective product within a reasonable time period.
- When the warranty period expires, all costs for repair or replacement, including administration and shipping costs, are for your account.
- Any form of guarantee will lapse if a defect has arisen as a result of improper use or lack of care, whether or not it is a result of changes you or a third party have made to the product. We are also not responsible for any damage caused by this type of defect.
- The guarantee will also lapse if the defect has arisen or is due to circumstances beyond our control. These circumstances include weather conditions.
Examination and claims
- You must examine the delivered products at the time of delivery, but in any case, within fourteen days of delivery. You must examine whether the quality and quantity of the delivered product corresponds with what has been agreed, at least to meet the requirements of normal trade.
- Visible defects and shortcomings have to be reported to us in writing within fourteen days after the delivery of the product.
- Non-visible defects and shortcomings have to be reported to us in writing, within fourteen days of their discovery. The defective product must be returned together with proof of purchase, unless this is impossible or unreasonably difficult.
- If you are a consumer, there is always a two-month period when discovering visible and non-visible defects, as referred to in article 7:23 of the Dutch Civil Code.
- The right to (partial) reimbursement of the price, repair or replacement or compensation shall lapse if defects are not reported within the prescribed period, unless the nature of the product states otherwise or if a broader period arises from circumstances of the case.
- We will reimburse you for any shipping costs incurred for returning the defective product to you on written request. Costs other than shipping will never be reimbursed by us unless agreed in writing. The shipping costs will never be reimbursed if you did not ask us, in writing, to send the products.
- The payment obligation is not suspended if you inform us of the defect within the prescribed period.
- If you complain in time and in the correct manner, you will stay obliged to accept and pay the products, unless the purchased product does not have an independent value.
- By using our Applications, you indemnify us for possible claims of third parties as a (direct or indirect) consequence of your use of the Applications, of (the impossibility of) use of the Applications via you or of violating these terms by or because of you. Should such claims arise, you will be obliged to compensate all (actual) damages and costs that we suffer as a result of the relevant entitlement or claims. If we have a suspicion that the Applications are being abused by you or through you in our judgement or that there is unauthorized use, we can deny you the use of the Applications, restrict the use of the Applications or deny your access to the Applications (in part) without being liable to you.
- Furthermore, we are only liable for direct damage caused by our intent, guilt or deliberate recklessness.
- In any event, we shall never be liable for any indirect damages, including in any event consequential damages, lost profits, lost savings, business stagnation or immaterial damage. In the case of consumer purchase, this limitation does not extend beyond article 7:24, paragraph 2 of the Dutch Civil Code.
- We are not liable for damages of any kind whatsoever, because we have been informed of incorrect and/or incomplete information by you, unless this inaccuracy/incompleteness ought to have been known to us.
- If we are liable for any kind of damage, then our liability is limited to the amount to which the insurance taken out by us gives entitlement, plus the deductible that we bear in accordance with this insurance.
- Any liability claim against us will expire within one year after you have become aware of the damage or could reasonably have been aware of it.
- Should the Applications, the content of the Applications, information unlocked via the Applications or the failure to use the Applications ever, directly or indirectly, cause damage or injuries, then we are not liable for this, unless damage has arisen through willful recklessness or an intentional act or omission.
- If you want to end the use of an Application, you can do so always and at any time. You can then remove the Application from your device.
- If one or more provisions of these Terms and Conditions are void or voidable, the other provisions of these Terms and Conditions remain in effect. In this event, we will consult with each other to agree new provisions to replace the void or voided ones.
- You can sign up for the newsletter. The newsletter will keep you informed of the latest news and recent developments. You will receive the newsletter by mail. You can unsubscribe from the newsletter at any time in writing or via the hyperlink. You will not receive any newsletters anymore after unsubscribing.
Translation and intepretation
- This version of the Terms and Conditions has been translated into English.
- The Dutch version of our Terms and Conditions of is the authentic version. This version of the Terms and Conditions will take precedence in the event of the explanation or interpretation of the Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, the Dutch version of the Terms and Conditions will prevail.
Applicable law and disputes
- All legal relationships in which we take part are governed exclusively by Dutch law. This also applies if a commitment is wholly or partly fulfilled outside of The Netherlands or if your place of residence is outside of The Netherlands.
- The applicability of the Vienna Sales Convention is excluded.
- Disputes will only be submitted to the competent court in The Netherlands, unless the law explicitly requires otherwise.