Terms and Conditions


General Terms and Conditions Elektrotec Pty Ltd
for consumers

Version 3, xxxxx

1. Definitions

1.1 Subscription

1.2 Genus: Genus Care B.V., located at Assendorperdijk 1, 8012 EG. Genus is the manufacturer of the Product and the supplier of the Subscription.

1.3 Customer: a natural person, not acting in the exercise of a profession or business, who concludes an Agreement with ELEKTROTEC.

1.4 Agreement: any commitment between a Customer and ELEKTROTEC.

1.5 Distance Contract: an Agreement between ELEKTROTEC and the Customer, concluded via the (mobile)


1.6 Product: the Genus smart photo frame intended for the user to be able to share photos, make video calls and remotely be able to share photos via an internet connection and be able to remotely express his / her well-being have them monitored by family members, friends, informal carers and/or professional caregivers.

1.7 Software: the Genus software installed on the Product, which allows the user of the Product to use the services offered by Genus through the Product, including receiving photos, video calling, letting monitoring the environment and sending notifications. The user can do this with people who have downloaded the Genus smartphone application on their smartphone.

1.8 ELEKTROTEC: Elektrotec pty Ltd established at xxxx (hereinafter: "ELEKTROTEC"). ELEKTROTEC is importer and distributor of the Product in the Australia and New Zealand.

1.9 Website: www.genuscare.nl

2. General provisions

2.1 These general terms and conditions apply to all Agreements between ELEKTROTEC and the Customer.

2.2 All offers made by ELEKTROTEC are without obligation.

2.3 The Agreement is concluded after the Customer has accepted an offer from ELEKTROTEC in writing or electronically.

2.4 ELEKTROTEC complies with all laws and regulations regarding the protection of personal data. All personal data obtained shall be processed in accordance with the provisions of Article 13.

2.5 The Product and software are intended solely as a means of social communication and reassurance. They are not intended to be used as a diagnostic system, as a substitute for medical care and medical monitoring of patients, as a means of providing for the direct medical a patient's care needs, as a medical alert service or as a tool for obtaining real-time data. If the Customer does use the Product or Software for this purpose, ELEKTROTEC is not liable for damages that arise if the information that the Customer receives or sends via the Product and the Software is incorrect. , incomplete and/or not on time.

3.3 The Customer may make the Product available to another person on a non-commercial basis. If the Customer allows the Product to be used by another person, the Customer remains responsible. If these terms and conditions refer to use by the Customer, this includes the use by the person to whom the Customer has made the Product available.

3. Sale and delivery of the Product

3.1 ELEKTROTEC is importer and distributor of the Product in the Netherlands. ELEKTROTEC sells the Product to the Customer in the quantities specified in the Agreement.

3.2 If the Product is not immediately available, ELEKTROTEC can reserve the Product for the Customer. ELEKTROTEC does not guarantee that it can always deliver a reserved Product to the Customer. The delivery period specified by ELEKTROTEC is only intended as an indication.

3.3 The Customer may make the Product available to another person on a non-commercial basis. If the Customer allows the Product to be used by another person, the Customer remains responsible. If these terms and conditions refer to use by the Customer, this includes the use by the person to whom the Customer has made the Product available.

3.4 The Customer may not resell the Product without Elektrotec's prior written consent.

4. Mediation with a Subscription

4.1 In order to use the Product , the Customer requires a Subscription. The Customer purchases the Subscription directly from Genus. Genus's subscription conditions apply to this (www.genuscare.nl). For the Subscription, ELEKTROTEC only acts as an intermediary between the Customer and Genus.

5. Price and payment

5.1 For the purchase of the Product, the Customer owes the price as stated in the Agreement.

5.2 The Customer pays the price immediately upon purchase of the Product, unless otherwise stated in the Agreement. ELEKTROTEC will provide the Customer with an invoice for this.

5.3 If the Customer does not pay the price to Genus on time, ELEKTROTEC may, after a reminder, pay statutory interest in

charge. If ELEKTROTEC starts a collection procedure because the Customer does not pay, ELEKTROTEC may charge the Customer reasonable collection costs for this. ELEKTROTEC may then share the Customer's personal data with the collection agency.

5.4 The price for the Product and any other amounts that the Customer must pay to ELEKTROTEC on the basis of the Agreement are immediately due and payable if ELEKTROTEC believes there is reason to do so. This reason may be, for example, that suspension of payment or bankrupElektrotecy is requested with regard to the Customer.

5.5 Before purchasing a Product , ELEKTROTEC can conduct an investigation into the creditworthiness of the candidate Customer. ELEKTROTEC can then refuse the prospective Customer to sell a Product or attach special conditions to it.

6. Cooling-off period for distance selling (right of withdrawal)

6.1 When selling a Product via the Website, the Customer has the right to dissolve the Agreement within 14 days after delivery of the Product (cooling-off period). ELEKTROTEC informs the Customer upon delivery about the procedure that the Customer must follow to make use of this right of withdrawal and provides the Customer with an (online) return form for this.

6.2 During the cooling-off period, the Customer will handle the Product and the packaging with care. The Customer will only unpack and use the Product to assess whether he likes the Product. The starting point here is that the Customer only handles and inspects the Product as the Customer would be allowed to do in a store.

6.3 The Customer is liable for depreciation of the Product if it arises because the Customer goes beyond the use of the Product permitted in paragraph 2.

6.4 The Customer can make use of the right of withdrawal by sending the completed return form to ELEKTROTEC within the cooling-off period. Then the Customer will return the Product and all items supplied to ELEKTROTEC, as much as possible in the original packaging, within 14 days from the day Elektrotec completes it has received a completed form from the Customer.

6.5 After receipt of the completed return form, ELEKTROTEC will send the Customer an acknowledgement of receipt. ELEKTROTEC will reimburse the usual shipping costs if the Customer has returned the Product on time and in the condition referred to in paragraph 2. ELEKTROTEC will therefore confirm to Genus that the Customer has validly invoked its right of withdrawal, so that the Customer can purchase the Subscription for the Product in question. Genus can cancel.

7. Delivery

7.1 If the Product is not immediately available, ELEKTROTEC can reserve the Product for the Customer. ELEKTROTEC does not guarantee that it can always deliver a reserved Product to the Customer. The delivery period specified by ELEKTROTEC is only intended as an indication.

7.2 If ELEKTROTEC has sent the Product to the Customer, ELEKTROTEC has fulfilled its delivery obligation if it has offered the Product to the Customer for receipt once. In the case of home delivery, the carrier's report serves as full proof of the offer to deliver, subject to proof to the contrary. ELEKTROTEC may charge the Customer shipping costs .

8. Retention of title

8.1 A Product remains the property of ELEKTROTEC after delivery until the Customer has fulfilled its obligations under the Agreement regarding the purchase of the Product towards ELEKTROTEC. If the Customer does not (timely) comply with these obligations, ELEKTROTEC can dissolve the Agreement with an appeal to this retention of title and compensation of the Customer for damage, claim lost profits and interest.

9. Warranty

9.1 Upon delivery, the Customer must check the Product delivered by ELEKTROTEC for defects, correct numbers and type. The Customer informs ELEKTROTEC immediately after delivery about immediately observable defects in the Product or if the Product has been delivered in the wrong numbers or type.

9.2 The manufacturer's warranty on the Product is 6 months from the purchase. If the Product shows defects within those 6 months, ELEKTROTEC will, at ELEKTROTEC's discretion, repair or replace (trade in) the Product.

9.3 Apart from the manufacturer's warranty, the legal warranty on the Product applies. This means that the Customer is entitled to a sound Product during the normal life of the Product. To determine the normal lifespan, the lifespan of similar products can be considered, for example in accordance with the overview of Techniek Nederland. If the Product shows defects within the normal lifespan, ELEKTROTEC will, at ELEKTROTEC's option, repair or replace the Product if the Customer can demonstrate that there is no situation. as referred to in the following paragraph.

9.4 There is no guarantee if the Customer has tried to repair the Product himself or has had it done by a third party, has not used the Product carefully, damage to the Product has inflicted or not used the Product in accordance with the instructions for use and the instructions of ELEKTROTEC.

10. Inruilvoorwaarden

10.1 A Customer can only exchange a Product for replacement at ELEKTROTEC after permission from ELEKTROTEC and if the Customer is entitled to this on the basis of the guarantee scheme in Article 9. Upon trade-in, the Customer receives a discount on a new Product to be determined by ELEKTROTEC.

10.2 Redemption is only possible if the Customer proves with a valid proof of identity and proof of purchase that the Customer is the buyer and owner of the Product, the Product is not personal files (such as photos ) and the Product is not damaged.

11. Repair

11.1 If the Customer requests ELEKTROTEC to repair the Product, ELEKTROTEC may refuse to do so if, according to ELEKTROTEC, this is no longer possible for economic or technical reasons .

11.2 If the Customer delivers a Product to ELEKTROTEC for repair, the Customer shall ensure that all electronic data that the Customer had stored on the Product has been deleted. ELEKTROTEC is not liable for the loss of electronic data that is still stored on the Product.

11.3 Upon repair , ELEKTROTEC may reset the Product to factory defaults.

11.4 The repair period that ELEKTROTEC informs the Customer is an indication. ELEKTROTEC is not liable for any damage suffered by the Customer due to delay in the repair.

11.5 The costs for repair shall be borne by the Customer, unless and insofar as the repair falls under the warranty scheme of Article 9.

11.6 If ELEKTROTEC repairs a defective Product on the basis of this warranty scheme and the Customer gets the Product back in better condition than after repair in better condition than before, then ELEKTROTEC require the Customer to bear a reasonable part of the repair costs.

11.7 ELEKTROTEC grants a 90-day warranty on the repair delivered based on the materials used and the work performed.

11.8 ELEKTROTEC sends the Product after payment of the repair and shipping costs, insofar as these are at the expense of the Customer.

12. Complaints

12.1 If the Customer has any complaints about the functioning of the Product or Software, it may contact ELEKTROTEC.

12.2 On the Website , ELEKTROTEC provides clear information about the procedure that the Customer must follow in the event of complaints about the Product or Software.

12.3 Genus is responsible for the proper functioning of the Software in combination with the Product, on the basis of the agreement that the Customer has concluded with Genus for this purpose. For the purpose of resolving complaints about the Software, ELEKTROTEC acts as a representative of Genus.

12.4 If the Customer has a complaint about the Product or Software, he will contact ELEKTROTEC as soon as possible, in accordance with the procedure referred to in paragraph 2. If the Complaint relates to a defect of the Product, the Customer will report this to ELEKTROTEC no later than 14 days after discovery of the defect.

12.5 ELEKTROTEC makes every effort to respond to a complaint within 14 days of receipt. If it takes longer than 14 days to resolve the complaint, ELEKTROTEC will inform the Customer within those 14 days of the status of the complaint and the expected indicative resolution period.

12.6 If the Customer and ELEKTROTEC cannot resolve a complaint with each other in good consultation, the Customer can make use of the dispute settlement procedure referred to in Article 16.5.

13. Personal data

13.1 ELEKTROTEC collects certain personal data from the Customer. This personal data may consist of name, address, email and telephone number.

13.2 ELEKTROTEC uses the personal data for the purpose of executing the Agreement, including delivering the Product, resolving complaints about the Product and improving its services.

13.3 If the Customer chooses to receive news and information about the ELEKTROTEC service, ELEKTROTEC will also use the Customer's personal data to send this information. The Customer can always withdraw the consent for this by following the instructions in the emails that the Customer then receives from ELEKTROTEC.

13.4 ELEKTROTEC stores the personal data for as long as necessary for the above purposes.

13.5 The Customer has the right to: (i) request that information about the Customer be corrected, restricted or deleted, (ii) object to certain processing activities, and ( iii) request a copy of the personal data that ELEKTROTEC holds about the Customer. The Customer also has the right to lodge a complaint with the relevant supervisory authority. ELEKTROTEC will inform the Customer as soon as possible if ELEKTROTEC is unable to fully or partially comply with the Customer's request, including the reasons therefor. ELEKTROTEC is responsible for the processing of personal data. Questions and requests about the processing of the personal data can be sent by the Customer to klantenservice@ticocare.nl.

13.6 ELEKTROTEC's privacy policy is further elaborated in its privacy policy, which can be viewed on the Website.

14. Liability

14.1 ELEKTROTEC is not liable for indirect and consequential damage, which is understood to mean, for example, loss of turnover and profit. For direct damage, or if the exclusion for indirect and consequential damage does not hold, ELEKTROTEC is liable up to the amount that is covered by its (professional) liability insurance paid out and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates has.

14.2 The information and promotional materials that ELEKTROTEC provides to the Customer or publishes on the Website have been prepared with care but are only intended as an illustration of ELEKTROTEC's services. The Customer cannot derive any rights from this.

14.3 This article always applies regardless of the legal basis on which liability is based. This article does not apply if there is intent or deliberate recklessness on the part of ELEKTROTEC.

14.4ELEKTROTEC is not liable for damage suffered by the Customer due to defects in the services provided by Genus, including the Subscription.

15. Force majeure

15.1 In the event of force majeure, ELEKTROTEC does not have to compensate the Customer for any damage. This is the case in a situation that occurs outside the control of ELEKTROTEC, as a result of which compliance with its obligations to the Customer is prevented in whole or in part or in reasonableness. ELEKTROTEC cannot be required to do so. Force majeure includes internet disruptions, telecom failures, (d)dos attacks, computer viruses, power failures, domestic disturbances, mobilization, war, government measures, obstructions in transport, unexpected weather conditions, strikes, business disruptions, stagnation in supply, fire, flood or pandemic.

15.2 If ELEKTROTEC is unable to fulfil one or more of its obligations towards the Customer due to force majeure, those obligations will be suspended until ELEKTROTEC can meet its obligations again.

15.3 From the moment that a force majeure situation has lasted at least 30 calendar days, the Customer and ELEKTROTEC may dissolve the Agreement in writing in whole or in part.

15.4 Elektrotec does not owe any (damage) compensation to the Customer in a force majeure situation, even if ELEKTROTEC benefits from this.

16. Final provisions

16.1 If a provision of these general terms and conditions is null and void or is annulled, the rest of these general terms and conditions will remain in force. ELEKTROTEC and the Customer will then enter into consultations about the replacement of the void

provision by a valid provision with as far as possible the same purpose and purport as the invalid provision.

16.2 Changes to these general terms and conditions only apply if ELEKTROTEC has expressly agreed to this in writing. Any purchase or other conditions of the Customer do not apply.

16.3 ELEKTROTEC may change these general terms and conditions at any time. ELEKTROTEC will inform the Customer about this and indicate whether the Customer then has the right to dissolve the Agreement before the change takes effect because the change is of a radical nature.

16.4 The Customer can only transfer its rights and obligations under the Agreement to a third party after written permission from ELEKTROTEC. ELEKTROTEC may transfer its rights and obligations under the Subscription to a third party without the Customer's consent.

16.5 The Agreement is exclusively governed by DuElektrotech law.

16.6 If, according to the Customer or ELEKTROTEC, there is a dispute, they will make every effort to resolve the dispute among themselves. If this does not work, the Customer or ELEKTROTEC can appeal to the competent court to settle the dispute.

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