MediCooler General Terms and Conditions

valid from 30 sep 2026

Content

Part A: General Article 1. Definitions Article 2. Who we are Article 3. Applicability

Part B: Consumers Article 4. The Offer Article 5. The Agreement Article 6. Prices Article 7. Payment Article 8. Delivery Article 9. Right of Withdrawal Article 10. Obligations during the Cooling-off Period Article 11. Costs and Refunds upon Withdrawal Article 12. Exceptions to the Right of Withdrawal Article 13. Conformity and Warranty Article 14. Use of the Products and Liability Article 15. Complaints Article 16. Disputes and Applicable Law

Part C: Business Customers Article 17. Applicability Article 18. Offer, prices and payment Article 19. Customization and specific orders Article 20. Delivery and risk Article 21. Returns, complaints and warranty Article 22. Liability Article 23. Retention of title Article 24. Applicable law and competent court

Part A: General

Article 1. Definitions

In these terms and conditions, we mean by:

• Cooling-off period: the period within which the consumer can exercise his right of withdrawal.
• Consumer: a natural person who does not act for purposes related to his profession or business.
• Business customer: a natural person or legal entity acting in the exercise of a profession or business, such as a pharmacy, healthcare institution, wholesaler, or manufacturer.
• Customer: a consumer or a business customer.
• Day: calendar day.
• Durable data carrier: any means, including email, by which information addressed personally to the customer or to us can be stored in such a way that it can be accessed later without alteration.
• Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.
• Revocation function: the button or function on our website that allows the consumer to exercise their right of withdrawal online.
• Distance contract: an agreement concluded without the customer and MediCooler being physically present at the same time, for example via our webshop, by email or by telephone.
• customization: a product that is manufactured or modified according to customer specifications, such as a product with custom printing, non-standard inlays, or a specially developed variant.

Article 2. Who we are

MediCooler BV Muntplein 10B, 1012 WR Amsterdam CoC number: 42145520 VAT identification number: NL869918898B01 Telephone: +31 6 42994026 (available on working days) Email: info@medicooler.nl Returns: retour@medicooler.nl

Article 3. Relevance

1. These terms and conditions apply to every offer from MediCooler and to every agreement between MediCooler and a customer.
2. Part A applies to all customers. Part B applies only to consumers. Part C applies only to business customers.
3. Before the agreement is concluded, we make these terms and conditions available electronically so that the customer can easily save them. We will send them free of charge upon request.
4. If specific product or promotional terms and conditions apply in addition to these conditions, and if they conflict with one another, the consumer may always invoke the provision that is most favorable to him.
5. If a provision in these terms and conditions is void or is annulled, the remaining provisions shall remain in effect. We will then replace the provision in question with a provision that approximates the intent of the original as closely as possible.
6. Deviations from these terms and conditions apply only if we have agreed to them with the customer in writing or by email. Deviations may never be to the detriment of the consumer.
7. The general terms and conditions of a business customer do not apply, unless we have expressly accepted them in writing.

Part B: Consumers

Article 4. The offer

1. Our range includes a complete and accurate description of the products so that the consumer can make a proper assessment. Images accurately depict the products. Colors on a screen may differ slightly from reality.
2. If an offer is valid for only a limited period or subject to conditions, this is clearly stated in the offer.
3. Obvious mistakes or errors in the offer, such as a clearly incorrect price, are not binding on us.
4. Every offer clarifies the rights and obligations of the consumer, and in any case:
   • the price including VAT;
   • de verzendkosten;
   • how the agreement is concluded;
   • whether the right of withdrawal applies;
   • how payment, delivery, and execution proceed.

Article 5. The agreement

1. The agreement is concluded at the moment the consumer places an order and has completed the payment.
2. We confirm the order immediately by email. As long as we have not confirmed the order, the consumer may cancel the agreement free of charge.
3. We take appropriate technical and organizational measures to secure the electronic transfer of data and payments.
4. At or before delivery, the consumer receives on a durable data carrier: our address for complaints, the terms and procedure of the right of withdrawal, information regarding warranty and after-purchase service, and these general terms and conditions.
5. If an ordered product is unexpectedly no longer available, we will let you know as soon as possible. The consumer may then cancel the agreement free of charge. We will refund any amount paid within 14 days.

Article 6. Prices

1. All prices in our webshop are in euros and include VAT. Shipping costs are listed separately and are shown before completing the order.
2. During the validity period of an offer, we do not increase the price, except as a result of changes in VAT rates.
3. If we indicate a discount with a crossed-out or previous price, that previous price is the lowest price we applied in the 30 days prior to the discount.

Article 7. Payment

1. The consumer pays when placing the order via one of the payment methods in our webshop.
2. The consumer reports inaccuracies in payment details to us immediately.
3. If the consumer fails to pay on time, for example in the case of payment after delivery, we will first send a free payment reminder with a 14-day deadline. Only after this period may we charge the legally permitted collection costs.

Article 8. Delivery

1. We deliver to the address provided by the consumer when placing the order.
2. Orders received on a working day before 4:00 PM are generally shipped the same day. The expected delivery time per country is listed in our webshop.
3. We will deliver within 30 days at the latest, unless a longer period has been agreed. If this is not possible, we will inform the consumer. The consumer may then grant us a reasonable additional period and, if we fail to deliver within that period either, terminate the agreement free of charge. We will then refund the money within 14 days.
4. The risk of loss or damage lies with us until the moment the product is delivered to the consumer, or to someone designated in advance by the consumer.

Article 9. Right of withdrawal

1. The consumer may withdraw from a distance contract within 14 days without giving any reason.
2. The cooling-off period begins on the day after the consumer, or someone designated in advance, has received the product. If an order consists of multiple products that are delivered separately, the cooling-off period begins on the day after receipt of the last product.
3. The consumer notifies the withdrawal within the cooling-off period in one of the following ways:
   • via the withdrawal function on our website. No account is required for this;
   • via the return portal in his account;
   • by email to retour@medicooler.nl;
   • with the model form in the annex, or with another unambiguous statement.
4. We will confirm receipt of the cancellation immediately by email, including the date and time we received it.
5. The consumer returns the product within 14 days of his notification. It is sufficient if he sends the product within that period. The consumer retains the proof of shipment.
6. If we have not properly informed the consumer about the right of withdrawal, the cooling-off period extends until at most 12 months after the end of the original cooling-off period.

Article 10. Obligations during the cooling-off period

1. During the cooling-off period, the consumer handles the product and packaging with care. He only unpacks and uses the product to the extent necessary to assess its nature, characteristics, and functionality, just as would be possible in a store.
2. The consumer returns the product with all supplied accessories and, if reasonably possible, in its original condition and packaging. Cooling elements must be completely thawed and dry.
3. The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1. We may set off such decrease in value against the refund.
4. The EasyBag gel pack is activated with water. For hygienic reasons, an activated gel pack cannot be resold. Activation is therefore considered use that goes beyond what is permitted in paragraph 1 and may result in a reduction in value up to the full purchase price.
5. The consumer is not liable for any decrease in value if we have not provided him with all legally required information regarding the right of withdrawal prior to the conclusion of the agreement.

Article 11. Costs and refund upon withdrawal

1. The direct costs of returning the item are the responsibility of the consumer.
2. We will refund all payments received from the consumer, including the shipping costs of our standard delivery, no later than 14 days after the consumer has notified us of the cancellation. If the consumer chose a more expensive shipping method than our standard delivery, we will not refund the difference.
3. We may wait with the refund until we have received the product, or until the consumer proves that he has returned it, whichever comes first.
4. We will refund via the same payment method the consumer used, unless the consumer expressly agrees to a different method. There are no costs associated with the refund.

Article 12. Exceptions to the right of withdrawal

1. The right of withdrawal does not apply to:
   • custom-made: products that are made or modified according to the consumer's specifications, or that are clearly intended for a specific person;
   • products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
2. If an exception applies to a product, we will state this clearly in the offer, in any case before the agreement is concluded.

Article 13. Conformity and warranty

1. We guarantee that the products comply with the agreement, with the specifications in the offer, with reasonable requirements of soundness and usability, and with the statutory provisions applicable at the time of the agreement.
2. The statutory warranty applies to all products. An additional warranty from MediCooler or the manufacturer does not detract from the consumer's statutory rights.
3. The consumer reports a defect within 2 months of discovering it. This can be done by email to retour@medicooler.nl or by other means. A photo helps us to quickly assess the situation.
4. In the event of a defect, the consumer is entitled to free repair or replacement, at their choice, unless the chosen solution is impossible or entails disproportionately high costs. If repair or replacement is not possible, the consumer is entitled to a price reduction or termination. In the event of a defect, the costs of return shipment shall be borne by us.
5. The right to repair or replacement lapses if the defect is the result of:
   • incorrect use, or use contrary to the manual or our instructions;
   • exposure to conditions for which the product is not intended;
   • repair or modification by the consumer or a third party without our permission.
6. If the consumer also has an additional manufacturer's warranty, the manufacturer's warranty conditions apply.

Article 14. Use of the products and liability

1. Our products are intended to keep temperature-sensitive medication at the correct temperature during transport and travel. In doing so, the consumer follows the manual and storage instructions for the medication, as stated in the package leaflet or by the pharmacist or doctor.
2. The consumer personally checks whether the chosen cooling solution is suitable for their medication, travel duration, and circumstances, and regularly checks during use whether the medication remains at the correct temperature. If the consumer is unsure about the right choice, we are happy to assist via info@medicooler.nl.
3. Our information regarding cooling performance, such as cooling time and temperature range, is based on tests under described conditions. In practice, ambient temperature, usage, and other factors can affect performance.
4. Our liability is limited to what is mandatorily prescribed by law. To the extent permitted by law, we are not liable for damage resulting from the product not being used in accordance with the manual or our instructions, or from the consumer failing to monitor the temperature of their medication.
5. This limitation does not apply in the event of intent or willful recklessness on the part of MediCooler, and does not affect the consumer's rights under the statutory provisions on product liability.

Article 15. Complaints

1. If the consumer has a complaint about a product or our service, he must report it as soon as possible, fully and clearly described, to info@medicooler.nl.
2. We will respond within 14 days of receipt. If a complaint requires more time, we will inform you within 14 days that we have received the complaint and when the consumer can expect a substantive response.
3. If we are unable to resolve the matter together, the consumer may submit the complaint to WebwinkelKeur (www.webwinkelkeur.nl), which provides free mediation. If this does not lead to a solution, the consumer may submit the dispute to the independent disputes committee with which WebwinkelKeur is affiliated. Its decision is binding on both parties. There may be costs associated with submitting a dispute to this committee.
4. A complaint does not suspend our obligations, unless we inform you otherwise in writing.

Article 16. Disputes and applicable law

1. Dutch law applies to agreements with consumers.
2. If the consumer resides in another country of the European Union, he retains the protection of the mandatory consumer rules of his own country, if these are more favorable.
3. The Vienna Sale Convention does not apply.

Part C: Business Customers

Article 17. Relevance

1. Part C applies to all offers to and agreements with business customers. Part B does not apply to business customers, unless we expressly agree otherwise.
2. Business customers do not have a statutory right of withdrawal.

Article 18. Offer, prices and payment

1. Quotations are non-binding and valid for 30 days, unless stated otherwise in the quotation. An agreement is concluded when we confirm an order in writing or by email.
2. Prices for business customers are exclusive of VAT and shipping costs, unless otherwise stated.
3. If more than 3 months elapse between the order confirmation and delivery and our purchase prices, exchange rates, import duties, or transport costs increase significantly during that period, we may reasonably adjust the price. We will notify you of this in advance.
4. Invoices shall be paid within 14 days of the invoice date, unless otherwise agreed. In the event of late payment, the business customer shall owe the statutory commercial interest and reasonable extrajudicial collection costs without notice of default.
5. We may request a deposit or prepayment for new customers, large orders, or custom work.

Article 19. Custom work and specific orders

1. For custom work, we record specifications, quantities, design, and delivery time in the order confirmation. The business customer approves designs and samples in writing before production starts.
2. The business client guarantees that designs, logos, and texts provided by him do not infringe the rights of third parties, and indemnifies MediCooler against claims from third parties in this regard.
3. Once approved, a custom order cannot be cancelled free of charge. If the business customer cancels anyway, they will reimburse costs we have already incurred or can no longer cancel, such as materials, production, and transport.
4. For production in larger quantities, the delivered quantity may deviate by up to 5% from the ordered quantity. We invoice the actual delivered quantity.

Article 20. Delivery and risk

1. Stated delivery times are guidelines and not binding deadlines, unless expressly agreed otherwise. In the event of exceeding these times, the business customer shall notify us in writing of the default and grant us a reasonable period to still deliver.
2. The risk passes to the business customer at the moment of delivery at the agreed address.
3. We may deliver in installments and invoice installments separately.

Article 21. Returns, complaints and warranty

1. The business customer inspects the delivery immediately upon receipt. He reports visible defects, damage, or discrepancies in quantity within 5 working days of delivery. He reports other defects within 14 days after he has discovered them or could reasonably have discovered them.
2. Returns are only accepted after our prior written consent.
3. If a complaint is justified, we will decide whether to repair the product, replace it, or credit the invoice value.
4. The manufacturer's warranty serves as our warranty. For custom work, only the warranty agreed upon in the order confirmation applies.

Article 22. Liability

1. Our liability is limited to the invoice amount of the order to which the liability relates, and in any event to the amount paid out by our liability insurance in the case in question.
2. We are not liable for indirect damages, including consequential damages, lost profits, lost savings, damages due to business interruption, and loss or depreciation of medication or other products transported or stored with our products.
3. The business customer remains responsible for validating the cooling solution for their specific application, medication, and transport conditions, and for complying with applicable regulations, such as GDP guidelines.
4. The limitations in this article do not apply in the event of intent or conscious recklessness on the part of MediCooler or its managers.
5. A claim for compensation lapses if it is not submitted to us within 12 months of its occurrence.

Article 23. Retention of title

1. Delivered products remain the property of MediCooler until the business customer has fully paid all amounts under the agreement.
2. As long as the retention of title applies, the business customer may only resell the products in the normal course of its business operations.

Article 24. Applicable law and competent court

1. Dutch law applies to agreements with business customers. The Vienna Sales Convention does not apply.
2. Disputes shall be submitted exclusively to the competent court in Amsterdam.