General

When you place an order with Procean, you agree to Procean's payment terms and delivery terms. Procean uses the standard General Terms and Conditions.

If you choose not to have your order sent to you by registered mail, you explicitly assume the risk of losing your order.

Article 1 – Definitions In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, in the context of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the economic operator

Procean B.V.
Mulderspark 3d
9351 NR Leek
Phone: 0594 580070
E-mail address: info@procean.nl
Chamber of Commerce number: 90697332
VAT identification number: NL865416862B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer must contain such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, stating reasons.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;b. the conditions under which and the way in which the consumer can make use of the right of withdrawal,  or a clear statement regarding the exclusion of the right of withdrawal;c. the information about existing after-sales service and guarantees;d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for at least fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this will be clearly stated by the entrepreneur in the offer, at least before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:a) that have been created by the entrepreneur in accordance with the consumer's specifications; (b) which are clearly personal in nature; (c) which by their nature cannot be returned; (d) which are likely to deteriorate or age rapidly; (e) the price of which is linked to fluctuations in the financial market beyond the trader's control; (f) for loose newspapers and periodicals; (g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion from the right of withdrawal is only possible for services:a) relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a certain period; (b) the delivery of which began with the express consent of the consumer before the expiry of the cooling-off period; (c) on betting and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:a) they are the result of statutory regulations or provisions; orb) the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the range of products or services include VAT.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract in the event of a failure to comply with the obligations of the entrepreneur.

Article 11 – Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the contract without costs, regardless of his right to compensation for any damage.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are borne by the entrepreneur.
6. The risk of damage to products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Duration transactions

1. The consumer can terminate an agreement that has been entered into for an indefinite period of time at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. An agreement that has been entered into for a fixed period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of silence on the part of the consumer, the notice period after renewal of the contract will be a maximum of one month.

Article 13 – Payment

1. Payment service to be made by Paypall or by bank transfer (obtained by e-mail) within 14 days of placing order, if payment is not made within 14 days the order will be automatically cancelled. Delivery of the products takes place after receipt of payment, unless otherwise agreed.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, complete and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 16 Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.