Contact

Article 1. Definitions

  1. UMI: the party using these Terms and Conditions, namely the sole proprietorship Spektrum Beheer (Chamber of Commerce no. 93301057).
    Trade name: Spektrum Beheer | UMI Headspa | UMI Spa | UMI Body
    Registered address: Calenwiel 11 15, 5056 DB Berkel-Enschot
    Email address: info@umiheadspa.com
    Telephone number: +31 85 401 34 81
    VAT number: NL005012903B04
    Availability: 09:00 – 17:00
  2. The Customer: the (intended) contractual counterparty of UMI.
  3. Consumer: the Customer if the Customer is a natural person who is not acting in the course of a profession or business. Where these Terms and Conditions contain a specific provision for Consumers, that specific provision applies to the Consumer instead of the general provision. Otherwise, general provisions for Customers also apply to Consumers.
  4. Agreement: the arrangements made between UMI and the Customer.
  5. Terms and Conditions: these terms and conditions.

Article 2. Formation of the Agreement

  1. If the Customer tacitly or expressly accepts a proposal (such as a quotation) from UMI, an Agreement is formed in accordance with the content of that proposal. This also applies if the proposal is a response to a request from the Customer.
  2. If UMI sends the Customer an assignment or order confirmation, an Agreement is formed in accordance with the content of that confirmation.
  3. If a document is signed (a deed), an Agreement is formed in accordance with the content of that deed.
  4. To the extent that the content of the documents referred to in the previous paragraphs differs, the content of a deed prevails over the content of a confirmation and/or proposal, and the content of a confirmation prevails over a proposal. To the extent that the content of an Agreement differs from the content of these Terms and Conditions, the content of the Agreement prevails over these Terms and Conditions.
  5. Up to 48 hours after sending a confirmation, UMI may still withdraw or amend it. A proposal is always non-binding and may be withdrawn by UMI at any time.
  6. Articles 6:227b(1) of the Dutch Civil Code and 6:227c of the Dutch Civil Code do not apply, unless the Customer is a Consumer.
  7. If the Agreement is a purchase agreement or a contract for services concluded between UMI and a Consumer, the Consumer has the right to dissolve the Agreement without giving reasons until a period of fourteen days has elapsed: (i) in the case of services, after the day on which the Agreement is concluded; or (ii) in the case of a purchase, after receipt of the goods. The Consumer no longer has this right after performance of the Agreement if performance has begun with the Consumer’s explicit prior consent and the Consumer has declared to waive the right of dissolution once UMI has fulfilled the Agreement.
  8. If the Consumer makes use of the right of withdrawal, the Consumer must notify UMI within the withdrawal period by using the model withdrawal form (see Appendix 1 to these Terms and Conditions) or by any other unambiguous means.
  9. Each Agreement is regarded as a separate agreement, unless agreed otherwise. Therefore, no long-term relationship arises that must be terminated.
  10. If there is demonstrably a continuing performance agreement (a long-term relationship), UMI may terminate it at any time with a notice period of three months, calculated from the end of the month in which notice is given. In that case there is no entitlement to compensation.
  1. Deviations from or additions to the Agreement are only valid if recorded in writing. UMI may unilaterally amend these Terms and Conditions. If this results in a material change to the Agreement, the Consumer may dissolve the Agreement.
  2. In the event of differences between language versions of these Terms and Conditions, the Dutch text prevails.

Article 3. Term of the Agreement

  1. If no term is stated in the Agreement, it will run for an indefinite period and may be terminated with a notice period of one month.
  2. If a term is stated in the Agreement, that term applies and interim termination is not possible. An agreement that ends when UMI’s work is completed cannot be terminated in the interim. A Consumer may terminate the Agreement in the interim.

Article 4. What can you expect from UMI?

  1. UMI will deliver as it may reasonably do so, but provides no guarantees regarding the quality or characteristics of the result, unless UMI has expressly included a guarantee in the Agreement. In any event, UMI is not responsible for the manner in which the product is installed by the Customer, or by a third party on behalf of the Customer. The Customer must inspect the product for any defects before installation. UMI also does not guarantee that the product is suitable for the use intended by the Customer, unless that use has been explicitly agreed.
  2. UMI’s performance may deviate slightly from models, examples or technical data previously provided. Such deviations do not constitute shortcomings.
  3. If a warranty obligation does apply, UMI will handle the warranty in accordance with its warranty policy as set out in Appendix 2.
  4. The Customer may not rely on a warranty in situations such as:
    a. If the Customer has not paid in full;
    b. If there is normal wear and tear or improper use;
    c. If the cause lies outside UMI’s influence;
    d. If modifications have been made without UMI’s written permission.
  5. UMI may have work (in part) performed by third parties.
  6. Unless agreed otherwise in writing, UMI is subject to an obligation of best efforts (no result guarantee) and will perform the work to the best of its knowledge and ability.
  7. Delivery or performance periods are not strict deadlines, unless expressly agreed in writing. The period does not commence until UMI has received all required information.

Article 5. What do we expect from you as Customer?

  1. The Customer ensures that all information necessary or relevant for performance of the Agreement is provided to UMI in a timely manner, fully and substantively correct, both upon request and on the Customer’s own initiative.
  2. Unless agreed otherwise, the Customer pays UMI’s invoices for delivery of the product:
    a. In euros;
    b. Without set-off or suspension, unless the Customer is a Consumer;
    c. To the bank account number stated on the invoice.
  3. The price stated in the Agreement is exclusive of (and may therefore be increased by):
    a. Transport or shipping costs (including where additional transport is required because the Customer is unable to take delivery of the product at the delivery time communicated by UMI);
    b. Travel or call-out costs;
    c. Packaging or packing material costs;
    d. VAT;
    e. Price increases imposed by a supplier of UMI;
    f. Costs that UMI must incur to comply with (amended) regulations, or that result from government actions (such as a recall).
    g. Cost increases due to indexation.
  1. UMI is entitled to index prices annually based on the Consumer Price Index (CPI, series for all households, 2015=100) published by Statistics Netherlands (CBS). If this index figure is not representative for the nature of the Agreement, UMI may instead apply another CBS-published price index that better fits. If the index used is replaced or discontinued, a comparable succeeding index may be used.
  2. If a price change occurs within three months after the conclusion of the Agreement, the Consumer has the right to dissolve the Agreement.
  3. Work will be performed, unless agreed otherwise, on the basis of an hourly rate. The hourly rate may depend on the role and experience of an employee and is at least €70.00 excl. VAT (€84.70 incl. VAT). Additional costs will be charged on and advances will be settled in the final invoice.
  4. All additional costs or price increases resulting from additions or changes to the Agreement at the Customer’s request are entirely at the Customer’s expense.
  5. Costs arising from unforeseen circumstances – which UMI reasonably did not have to take into account – are also at the Customer’s expense.
  6. Returns of goods are only permitted with UMI’s prior written consent. Returns are always at the Customer’s risk and expense.
  7. At UMI’s request, the Customer must pay in another way than with money, for example by goods (payment in kind).
  8. The payment term is a “term for payment” within the meaning of Article 6:83(a) of the Dutch Civil Code. If the Customer does not pay on time, the following applies automatically (without notice of default being required):
    a. Statutory interest per month is calculated on the outstanding amount;
    b. The Customer owes statutory collection costs;
    c. If legal steps are required, the Customer will also reimburse the actual costs thereof (such as lawyer’s fees and court fees).
    UMI may always also claim performance and/or damages pursuant to law.
  9. If a Consumer does not pay on time, statutory interest, extrajudicial collection costs and legal costs are due under the law.
  10. Payments by the Customer will first be applied to costs and interest, and then to the oldest outstanding invoices, even if the Customer states a different reference, instruction or description with the payment.
  11. If UMI performs work at the Customer’s premises, that location must be safe, comply with occupational health and safety rules and have the proper facilities.
  12. Where UMI will perform work at the Customer’s premises, the Customer must ensure that the workplace is safe and suitable, complies with applicable occupational health and safety regulations and has the necessary facilities.

Article 6. Quality and complaints

  1. As Customer, you must inspect the delivered goods immediately upon receipt, and in any event before installation, for quantity, quality and visible damage. Any complaints must be reported to UMI in writing or by email within 7 days after receipt, stating the order and/or invoice number. If this is not done, the delivery is deemed to be in order.
  2. Complaints about performed work or the invoice must be reported to UMI in writing or by email within 7 days after performance or receipt of the invoice. If this is not done, the work is deemed to be in order.
  3. All other complaints must be reported to UMI in writing or by email within 7 days after discovery or the moment the Customer should have discovered the defect. If this is not done, everything is deemed to be in order.
  4. If the Customer has already processed or handed over (part of) the delivered goods, everything is deemed to be in order and UMI is no longer liable.
  1. If a complaint is justified, UMI may choose between replacement, repair or an appropriate discount on the price. The Customer is bound by UMI’s choice.

Article 7. Delivery

  1. Unless agreed otherwise, delivery takes place by UMI delivering the product to the Customer.
  2. The risk for the delivered goods transfers to the Customer as soon as delivery takes place.
  3. UMI may deliver in parts.
  4. The Customer is obliged to take delivery of the goods.
  5. For delivery ex works: as soon as UMI indicates that the goods are ready, the Customer must collect them within 7 days.
  6. For delivery at the Customer’s location: the goods are deemed to have been accepted as soon as they have been offered at the agreed address. If no delivery address has been agreed, UMI may deliver at the address known to UMI or registered with the Chamber of Commerce.
  7. If the Customer refuses delivery or does not accept delivery in time:
    a. the Customer is immediately in default;
    b. UMI may store the goods at the Customer’s expense and risk;
    c. or sell the goods to a third party at a reasonable price.
  8. In both cases, the Customer remains liable for the full purchase amount and delivery costs. If the goods are resold, UMI may set off the proceeds against the amount due.

Article 8. Retention of title

  1. All sold goods remain the property of UMI – even if delivered – until the Customer has fully satisfied all claims as referred to in Article 3:92(2) of the Dutch Civil Code, such as payment of the purchase price.
  2. Until ownership has passed, the Customer must handle the goods with due care. The Customer:
    a. must keep the goods insured;
    b. may not sell, pledge or hand over the goods to third parties.
    In case of violation, the entire purchase price becomes immediately due and payable.
  3. If the Customer fails to fulfil its obligations, UMI may immediately reclaim its property. The Customer must cooperate, for example by granting access to the building or premises where the goods are located.
  4. Payments by the Customer will first be allocated to claims for which no retention of title applies.

Article 9. Force majeure

  1. By force majeure (as referred to inter alia in Article 6:75 of the Dutch Civil Code) we also mean circumstances beyond UMI’s control as a result of which it cannot reasonably be expected that UMI will fulfil its obligations. This includes in any event natural disasters, fire, strikes, pandemics, government measures (such as recalls or import duties), supplier problems (e.g. shortage of raw materials or price changes), war, transport problems (such as lack of permissions/documentation for import or export) or illness of personnel.
  2. In case of force majeure:
    a. the Customer cannot dissolve the Agreement;
    b. UMI’s obligations are suspended;
    c. the Customer has no right to compensation, even if UMI saves costs or gains an advantage as a result.
  3. If the force majeure situation lasts longer than two months, UMI may dissolve the Agreement in whole or in part.

Article 10. Intellectual property

  1. By the formation or performance of the Agreement, the Customer acquires no rights to UMI’s intellectual or industrial property. Such rights are and remain those of UMI. This includes, for example, copyright, trademark rights, design rights, patent rights, database rights or trade secrets. These rights may rest on or relate to offers, designs, images, drawings, software, models or recipes.
  2. If new rights as referred to in paragraph 1 arise due to performance of the Agreement, they are/will be the property of UMI and not of the Customer. If anything must be recorded in that regard, the Customer will cooperate free of charge.
  3. The Customer may use information received from UMI only for the purpose for which it was provided.
  4. In any event, the Customer may not (unless otherwise agreed in writing):
    a. use UMI’s brand name or other rights;
    b. change anything delivered by UMI or the result thereof;
    c. remove labels or brand names or add its own brands;
    d. use UMI materials for promotion;
    e. share UMI’s information with third parties, except where necessary to perform the Agreement and where that third party has signed a confidentiality agreement.

Article 11. Penalty clause

  1. If the Customer acts in violation of the provisions of Article 10 (for example by unauthorized use of brand names, designs or confidential information), the Customer immediately owes UMI a penalty of €5,000 per violation, plus €500 for each day the violation continues.
  2. This penalty is intended as an incentive to comply with the agreements made. UMI has the right to claim, in addition to the penalties, damages or performance. Article 6:92 of the Dutch Civil Code is excluded.

Article 12. Privacy

  1. If UMI processes personal data provided by the Customer, the Customer warrants that such data have been obtained and processed lawfully and that no infringement has been made on the rights of data subjects or third parties.
  2. If UMI is held liable by third parties or data subjects due to unlawful processing of personal data supplied by the Customer (for example processing in violation of the General Data Protection Regulation (GDPR)), the Customer will fully indemnify UMI.
  3. UMI’s privacy statement, as available on its website, forms part of these Terms and Conditions. If no privacy statement is (temporarily) available, UMI will provide it upon request as soon as it becomes available.

Article 13. Customer liability

  1. The statutory liability of the Customer is not limited.
  2. If damage arises because the Customer provided incorrect information, or because the Customer provided information too late or incompletely, the Customer is liable for that damage. The Customer is also liable if damage arises because the Customer provided certain instructions (such as following a method or using materials).
  3. The liability referred to in the previous paragraph also applies if the information or instruction is given by a third party acting on behalf of or in the assignment of the Customer. The Customer is responsible for all its auxiliaries.
  4. UMI may call the Customer to indemnify it and is entitled to full compensation for the damage referred to above. This also applies if a third party holds UMI liable.

Article 14. UMI liability

  1. UMI is liable up to a maximum amount equal to the price owed by the Customer under the Agreement from which the liability arises. UMI is not liable for indirect damage such as consequential loss, non-material damage, business loss or environmental damage.
  1. The limitations of liability do not apply in case of intent or gross negligence of UMI or its management.
  2. The Agreement is concluded with the legal entity (UMI), never with an individual employee. Therefore, there can be no joint and several liability. Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code are excluded.
  3. Auxiliaries of UMI may also invoke these limitations of liability. This applies as a third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
  4. Any claim of the Customer expires one year after:
    a. delivery of the goods; or
    b. completion of the work under the Agreement.

Article 15. Suspension, set-off and dissolution

  1. The Customer may not suspend its payment obligations or set off, unless the Customer is a Consumer.
  2. In the following situations the Customer is automatically in default, all claims become immediately due and payable, and UMI may dissolve the Agreement with immediate effect (in whole or in part), without a court ruling or notice of default being required:
    a. The Customer applies for bankruptcy or suspension of payments, or is declared bankrupt;
    b. There is guardianship, administration or curatorship of the Customer;
    c. The Customer sells or terminates (part of) its business activities or suspends them;
    d. Attachment is levied on the Customer’s assets;
    e. UMI has good reason to suspect that the Customer will not fulfil its obligations.
  3. In the event of dissolution as referred to above, the Customer, unless the Customer is a Consumer, owes a penalty of 25% of the agreed price (including shipping costs), in addition to UMI’s right to full compensation. Article 6:92 of the Dutch Civil Code is excluded.
  4. UMI may require the Customer to prepay (part of) the price or provide security. If the Customer does not do so (in time), UMI may terminate the Agreement. All resulting damage is at the Customer’s expense.

Article 16. Applicable law and disputes

  1. All Agreements and these Terms and Conditions are exclusively governed by Dutch law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).
  2. Any disputes will first be submitted to the court Zeeland-West-Brabant, location Breda. In addition, UMI has the right to submit the dispute – if legally possible – to another competent court. After UMI invokes this provision in writing towards a Consumer, the Consumer has a period of one month to choose settlement of the dispute by the court competent under the law.

Appendix I: Model withdrawal form

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

  • To: [name of trader]
    [geographical address of trader]
    [fax number of trader, if available]
    [email address or other electronic address of trader]
  • I/We* hereby give notice that I/We* withdraw from my/our* contract of:
    the sale of the following products:
    *
    the supply of the following digital content: [digital content indication]*
    the provision of the following service: [service indication]*
  • Ordered on*/received on* [date of order for services or receipt for products]
  • [Name of consumer(s)]
  • [Address of consumer(s)]
  • [Signature of consumer(s)] (only if this form is submitted on paper)
  • Delete as appropriate or fill in as applicable.

Appendix 2: UMI Warranty Policy

At UMI we believe that quality should be self-evident. Our products are carefully designed, selected and tested to deliver reliable performance for years. Should something nevertheless go wrong, we provide a quick and correct solution.

Warranty
UMI provides warranty on the following products:

  • UMI Headspa treatment bed (Japanese & Korean model): 5-year warranty;
  • UMI Portable Headspa: 2-year warranty;
  • UMI Beauty Bed: 5-year warranty.

In the case of:

  • Material and manufacturing defects;
  • Construction problems;
  • Functional parts such as hoses, rubbers, shower heads and filters.

Warranty exclusions
No warranty claim can be made in the event of:

  • Incorrect use or incorrect installation of parts or installations;
  • Lack of maintenance or use of incorrect cleaning agents;
  • Modifications or repairs by third parties;
  • Damage due to external factors, such as water pressure, power problems, limescale formation or leaks outside the product itself;
  • Cosmetic damage, such as small scratches, discoloration or signs of use that do not affect the operation of the product;
  • Products that have been resold to a third party.

Warranty request
To ensure fast and correct handling, we ask our customers to report warranty requests exclusively by email via aftersales@umiheadspa.com

The following information must be provided:

  1. Company name and contact person;
  2. Proof of purchase and invoice number or serial number;
  3. Description of the problem;
  4. Since when the problem occurs;
  5. Photos or a short video of the defect.

The request will be registered in our repair module in Odoo, so that follow-up, communication and quality assurance can take place consistently. We aim to review the request within 24 hours, excluding weekends. After approval of the request, you will receive an appropriate solution, which may consist of:

  • Sending a replacement part;
  • Remote support; or
  • A repair appointment.