Terms of service
Pulse4all Terms and Conditions
1. Applicability
1.1. These Terms and Conditions apply to every Subscription and operational lease agreement between Pulse4all and the Customer (individually "Party", together "Parties"). Where the Subscription is referred to in the following, this may also mean the operational lease agreement, depending on the contractual relationship between the Parties.
1.2. Before the Subscription is concluded, the text of these Terms and Conditions is made available to the Customer.
1.3. If the Subscription is concluded electronically, then by way of derogation from the previous paragraph and before the Subscription is concluded, the text of these Terms and Conditions may be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a durable medium.
1.4. Arrangements between Pulse4all and the Customer that deviate from, or supplement, these Terms and Conditions are only valid if they have been expressly confirmed in writing by email by a manager of Pulse4all.
1.5. All amounts stated by Pulse4all are inclusive of VAT, unless the Customer expressly acts as a business customer and it has been agreed otherwise.
2.1. If a Subscription has a limited period of validity or is subject to conditions, this is expressly stated in the offer of the Subscription.
2.2. The Customer receives a confirmation of the order after the Order Process has been fully completed. The Subscription commences at the moment the Customer takes receipt of the AED from Pulse4all, unless expressly stated otherwise in the confirmation or the Subscription (the "Start Date").
2.3. The Customer must be at least 18 years of age and capable of entering into legally binding contracts.
2.4. A digital verification process of the Customer's passport, identity card or driving licence may form part of the Order Process. In such cases, the AED is not delivered until the Customer can produce the relevant identification documents. Where the verification of the identification documents by Pulse4all indicates (possible) fraud, Pulse4all may refer the matter to the police.
2.5. Where applicable, Pulse4all may charge a one-off deposit, as stated during the Order Process. After termination of the Subscription and receipt of the AED in good condition at the location designated by Pulse4all, the deposit is refunded within a reasonable period, unless agreed otherwise.
2.6. After confirmation, the Customer and Pulse4all agree the time and location for the delivery or collection of the AED(s). During the Order Process, Pulse4all verifies the Customer's personal data. During the Subscription Period, the Customer will notify Pulse4all of changes to the data known to Pulse4all (such as a new telephone number, address or bank account) in good time and without undue delay.
2.7. In exchange for Pulse4all making the AED available to the Customer, the Customer owes Pulse4all the Subscription Fee per month agreed in the Order Process for the duration of the Subscription Period. Unless agreed otherwise in the Subscription, the Subscription Fee is payable in advance at the beginning of each period of one (1) month for the entire period of one (1) calendar month.
2.8. If the Subscription is concluded by completing the registration form on the Pulse4all website, the Customer has the right to withdraw the Subscription with immediate effect, without giving reasons, within fourteen (14) days of receipt of the AED, by sending a written notice of withdrawal to Pulse4all. Pulse4all will refund in full, within fourteen (14) days of receipt of the withdrawal, all amounts paid by the Customer, including any registration costs, provided that the AED is returned in good condition within this period. The Customer may use the European model withdrawal form included in Annex IV, or send another unequivocal statement by email.
2.9. If the Customer has consented to immediate provision of the service and has expressly confirmed this when entering into the Subscription, Pulse4all may charge a proportionate amount for the period during which the Customer has used the AED.
2.10. Under the Subscription, the Customer is entitled to a free Swap Service as set out in Article 5.
3.1. The AED, including all other Provided Items, remains the property of Pulse4all or of a subsidiary of the P4a Group at all times during the Subscription Period.
3.2. Unless agreed otherwise, the Customer cannot claim a specific model, colour, equipment or configuration of the AED. Pulse4all reserves the right to apply brand or informational markings on or to the AED. In the event of damage to or removal of these, the Customer must notify Pulse4all as soon as possible.
3.3. The Customer acknowledges and agrees that the AED may be fitted with a GPS tracker, with which Pulse4all can monitor the position of the AED. This system may be used in situations such as (suspected) loss, theft, unauthorised use or anomalous changes of location. Pulse4all processes this data solely in accordance with the applicable privacy legislation. The Customer undertakes to use the AED carefully and solely in accordance with the use and safety instructions of the relevant model as included in the accompanying User Manual. The Customer will avoid any form of improper use or overloading and will refrain from acts that may disrupt the functioning or availability of the AED.
3.4. In an emergency, the AED may also be used by third parties. The Customer is nevertheless responsible for safe and accessible storage.
3.5. It is the Customer's responsibility to ensure compliance with all applicable national, regional and local laws and regulations when using, storing or making available the AED. Pulse4all cannot be held liable for the consequences of failing to comply with these legal requirements.
3.6. If the AED is deployed in an emergency, the Customer notifies Pulse4all thereof as soon as possible and requests a Swap Service.
3.7. The AED may not be used by persons whose medical condition, use of medication or use of substances impedes its responsible use.
4. Conditions for use of the AED
4.1. For the purposes of these Terms and Conditions, "use" of the AED is deemed to include in any event having the AED available and ready for use, the storage thereof, as well as the actual use of the AED where this is necessary to save a victim of cardiac arrest.
4.2. Subject to the provisions of Article 11, the Customer uses the AED at its own risk and is responsible for its correct and safe use. The Customer periodically carries out reasonable checks to assess whether the AED is operational and deployable during the Subscription Period. For the Philips AEDs supplied by Pulse4all, this means, among other things, that the indicator light at the top right flashes green and that the AED does not emit a beep. These signals indicate that the AED is ready for use. Other models may have different signals, as described in the accompanying manual of the relevant model.
4.3. The Customer does not use the AED if defects or damage have been identified that may affect its functioning or safety. For Philips AEDs, a red flashing light and/or a beep indicate that the device is not ready for use. In such cases, the Customer is obliged to inform Pulse4all immediately and to request a Swap Service. If a Customer fails to report a defect, warning or malfunction in good time, the Customer may be held liable for any consequences of using a defective AED.
4.4. It is prohibited to dismantle or modify the AED, or to replace parts, without the permission of Pulse4all.
4.5. The Customer is obliged to use and store the AED in accordance with the instructions and conditions described in the user manual of the relevant model. These instructions are also available via the Pulse4all website, including the frequently asked questions and the brochures published per model at: https://pulse4all.online/nl-nl/ (jointly referred to as the “Safe Place”). Pulse4all reserves the right to offer equipment with additional technical specifications or features.
4.6. The Customer agrees, on first request, to grant Pulse4all or third parties designated by Pulse4all access to the location(s) where the AED(s) are located, for the purpose of inspecting, verifying, replacing in whole or in part, or otherwise exercising the rights that Pulse4all or the third parties designated by Pulse4all have in respect of the AED(s). The Customer will reasonably provide all cooperation.
5.1. During the Subscription Period, the Customer is entitled to replacement of the AED (the “Swap Service”) in the event of technical defects, expired parts, use in an emergency, or other circumstances approved by Pulse4all. Pulse4all may set further conditions for the availability of this service, such as completing a request form or providing additional information.
5.2. In the event of theft of the AED, the Customer is eligible for a Swap Service, provided that the Customer reports the theft within 24 hours, files a report with the police and provides a copy of the official police report to Pulse4all. In the event of loss of the AED, no claim can be made to the Swap Service, unless Pulse4all decides otherwise on the basis of the circumstances.
5.3. For a Swap Service, Pulse4all supplies a replacement AED fitted with parts suitable for long-term use. The conditions for this may be further explained in the Service Terms or user manual.
5.4. Swap Services are preferably carried out at the location of the AED or, if agreed, at another location. The Customer is informed of the time of execution by mutual consultation. Pulse4all endeavours to carry out a Swap Service within a reasonable period after the report, but cannot guarantee a fixed period for this.
5.5. If the Customer fails to keep a scheduled Swap Service appointment or misuses the service, Pulse4all may charge a Fee as stated in Annex II (A).
5.6. The costs of the Swap Service are included in the Subscription Fee. Pulse4all reserves the right to suspend a Swap Service in the event of overdue payments or other outstanding Fees under the Subscription.
6.1. Before returning the AED in accordance with Article 9.1, the Customer may cancel its Subscription free of charge by sending an email to Pulse4all (the "Cancellation Notice"). The Cancellation Notice must be received by Pulse4all no later than fourteen (14) days before the End Date. After receipt of the Customer’s Cancellation Notice, Pulse4all sends a confirmation of the Cancellation Notice (by email) no later than ten (10) days before the End Date, with instructions to return the AED. Only then is the Cancellation Notice confirmed. A Subscription cannot be reactivated free of charge after the AED has been returned to Pulse4all.
6.2. If the Subscription (i) is terminated by the Customer with observance of the fourteen (14) day notice period and the Customer has not returned the AED to Pulse4all on or before the End Date, or (ii) is terminated by a Customer with immediate effect and the Customer has not returned the AED to Pulse4all within seven (7) days after the End Date, the Customer owes Pulse4all an immediately payable Fee for late return as set out in Annex II (B) per calendar day from the eighth (8th) day after the End Date until the day on which the AED is received back by Pulse4all, up to a maximum of twenty-two (22) days. If the AED is not returned to Pulse4all within thirty (30) days after the End Date, the Customer owes Pulse4all an immediately payable Fee equal to the price of an AED as set out in Annex II (B), without prejudice to Pulse4all's right to claim (additional) damages. In addition, in this case a report of embezzlement and/or theft is filed with the police.
6.3. If the Subscription is terminated by Pulse4all and the AED is not returned to Pulse4all within seven (7) days after the End Date, Pulse4all will regard this as theft or embezzlement by the Customer. In that case, the Customer will be obliged to compensate Pulse4all pro rata for the damage suffered, equal to the Subscription Fee for the relevant type of Subscription. This Fee does not affect Pulse4all's right to claim full compensation for the damage it has suffered insofar as this damage exceeds the Fee stated in Annex II (B).
6.4. When Pulse4all swaps an AED, the Customer hands in the AED to Pulse4all, including all other Provided Items.
7.1. The fixed term of the Subscription is as agreed when entering into the Subscription, with a maximum of twelve (12) months for consumers, unless agreed otherwise in a separate written agreement or in the case of a longer term where the Customer receives a benefit, such as a discount or a gift. The longer the term, the greater the benefit. For larger quantities or bespoke arrangements, a supplementary agreement may be drawn up.
7.2. The Subscription Period commences on the agreed Start Date and cannot be terminated prematurely during the fixed term, save for the provisions of Article 15 concerning early termination.
7.3. After the end of the fixed term, the Subscription may:
a) be tacitly renewed for an indefinite period, in which case the Customer may terminate the Subscription at any time with a notice period of one (1) month; or
b) be expressly renewed for a fixed period of up to twelve (12) months for consumers, provided that the Customer expressly agrees to this. A longer renewal is only possible by means of a separate written agreement. During such a fixed renewal, the agreed duration applies as a new Subscription Period, during which interim termination is not possible, save for Article 15.
7.4. If the Subscription is terminated after tacit renewal, the Subscription ends one (1) month after the date of cancellation.
8.1. Pulse4all may offer promotional terms that deviate from the standard terms of the Subscription. These are expressly stated in connection with the relevant promotion, for example on the Website or via other communication channels.
8.2. The Customer agrees to the promotional terms by participating in a promotion, and these prevail over the standard terms for the duration of the promotion.
8.3. Pulse4all reserves the right to amend or withdraw promotional terms, with the exception of promotions to which the Customer has already agreed.
9. End of the subscription and return of the AED
9.1. When the termination of the Customer's Subscription takes effect, Pulse4all will send the Customer an email with instructions to return the AED, and the Customer will return the AED, including all other Provided Items, on or before the End Date to the Pulse4all warehouse in the Customer's country and/or Service Area, or, if Pulse4all so notifies the Customer, to the warehouse of one of Pulse4all's partner companies. If the AED has to be collected by Pulse4all at a location requested by the Customer, Pulse4all will be entitled to charge an immediately payable fee as set out in Annex II(A). All rights of the Customer under the Subscription end from the moment the Customer hands in the AED to Pulse4all or the AED is collected by Pulse4all, without prejudice to the Customer's obligation to pay the full Subscription Fee up to the End Date.
9.2. Pulse4all may terminate the Subscription with the Customer at any time during the Subscription Period with a notice period of one (1) month if (i) Pulse4all ceases the provision of the services in the Service Area, (ii) changes its product range in the Service Area, or (iii) the Customer's Service Area changes. In such a case, the Customer will return the AED in accordance with Article 6.1.
10.1. To prevent incidents such as loss, theft and damage, the AED must be stored in a Safe Place. If the AED, including all other Provided Items, is not stored in accordance with Article 4 and an incident occurs (including vandalism, loss or theft), the Customer owes (in addition to the immediately payable Fee referred to in Article 11.3) an immediately payable Fee for negligence for the applicable Subscription as specified in Annex II. In addition, in this case a report of embezzlement and/or theft is filed with the police.
10.2. In the event of loss or theft of the AED, including all other Provided Items, the Customer is obliged to:
a) report the loss or theft to Pulse4all within twenty-four (24) hours from the moment the Customer became aware of it; and
b) assist Pulse4all in filing a report of the loss or theft with the police together with a Pulse4all employee, or, at Pulse4all's request, to file a report with the police together with a Pulse4all employee; and
c) at Pulse4all's request, provide all relevant information about the loss or theft without delay.
Only if all relevant requirements in this Article 10.2 have been met will the Customer receive a replacement AED from Pulse4all.
10.3. In the event of loss or theft of the AED, including all other Provided Items, the Customer will owe an immediately payable Fee for the applicable Subscription as specified in Annex II (B) & (C):
a) for such loss or theft (or, if certain parts of the AED are lost or stolen, Pulse4all will have the right to charge this to the Customer up to the amount of the relevant Fee); and
b) if the Customer fails to report this loss or theft, or fails to do so in good time.
10.4. If the Customer provides incorrect information or makes misleading statements that lead to damage or loss for Pulse4all, the Customer is liable for this. Pulse4all reserves the right to recover the damage suffered as a result, including a fee equal to the price of an AED as set out in Annex II (D).
10.5. Without prejudice to the surcharges and fees referred to in this Article 10, Pulse4all reserves the right to claim compensation from the Customer up to the amount of the damage actually suffered by Pulse4all as a result of theft or loss of (parts of) an AED, including all other Provided Items.
10.6. If the AED reported to Pulse4all as lost or stolen, including all other Provided Items, is recovered, Pulse4all may, at its own discretion and depending on the technical and visual condition of the relevant AED, including other items made available, refund Fees paid to the Customer.
10.7. If the AED has been removed by the municipality or other governmental authorities, Pulse4all contacts the Customer about the recovery process. Any costs for obtaining the AED or other related costs are for the account of the Customer. Pulse4all has the right to charge the Customer for this, such as any costs Pulse4all has incurred to obtain the AED and the relevant Fee as set out in Annex II.
11.1. The Customer must report damage to (parts of) the AED to Pulse4all within twenty-four (24) hours after the accident occurs or after becoming aware of the damage, unless the Customer is unable to observe this period due to exceptional circumstances which reasonably prevented the Customer from reporting this damage, for example in the event of hospitalisation following an accident. This applies regardless of the extent of the damage or the accident and regardless of whether or not the Customer caused the damage or the accident.
11.2. In the event of damage to (part of) the AED, including all other Provided Items, the Customer owes Pulse4all an immediately payable Fee for such damage as specified for the relevant Subscription in Annex II (D) or, if certain parts of the AED are damaged, Pulse4all is entitled to charge this to the Customer up to the amount of the relevant Fee. Pulse4all always takes a photograph of the AED before the Swap Service of the AED, on arrival at the warehouse and after the Swap Service of the AED.
11.3. Pulse4all reserves the right to claim compensation from the Customer for all damage arising because the Customer failed to notify Pulse4all of damage or accidents, or failed to do so within the stated period. This includes all additional costs that Pulse4all incurs to repair the damage as well as third-party claims that would have been avoided if the defect had been reported within the stated period.
11.4. The cover under Annex III does not affect Pulse4all's right to charge costs in the event of misuse or repeated careless use.
12.1. When entering into a Subscription, the Customer must provide a direct debit authorization to allow the monthly Subscription Fee and other amounts due to be debited from the relevant bank account number, credit card or other payment method.
12.2. If additional costs are charged, such as the costs referred to in these Terms and Conditions, Pulse4all has the right to require payment thereof first before providing a new AED to the Customer.
12.3. If the Subscription Fee, the Fees or other amounts due cannot be successfully collected or are reversed, the Customer is in default by operation of law. In that case, the Customer receives a reminder with a payment period of fourteen (14) days. If payment is not made after this period, Pulse4all may engage a collection agency. The associated administrative and extrajudicial collection costs are for the account of the Customer. If payment is not made, Pulse4all also reserves the right – after prior consultation or legal proceedings – to reclaim the AED and associated items. To this end, Pulse4all may use the GPS tracker on the AED, provided that this is done in accordance with applicable privacy legislation.
13.1. Pulse4all is not liable for any damage or loss (including Fees or other monetary penalties) suffered by the Customer as a result of the use of the AED, except in the event of intent, deliberate recklessness or gross negligence on the part of Pulse4all, or for damage that cannot be excluded under mandatory provisions of law.
13.2. The Customer is personally liable for compliance with these Terms and Conditions.
13.3. The Customer indemnifies Pulse4all, on first written request, against any Fees or other monetary penalties imposed on Pulse4all as a result of the use of the AED by the Customer.
13.4. The Customer indemnifies and holds Pulse4all harmless, on first written request, against all fees, penalties or other monetary penalties imposed on Pulse4all by third parties, or losses suffered by or against Pulse4all as a result of the Customer's breach of its obligations under the Subscription or these Terms and Conditions. In this connection, Pulse4all may cooperate with and provide the requested information to any competent administrative or judicial authority or, more generally, any third party authorised in accordance with applicable law. Pulse4all may, for reasons of expediency, pay amounts owed by the Customer on the Customer's behalf, and the Customer will reimburse Pulse4all for these amounts. Without prejudice to the compensation of other further damage, Pulse4all reserves the right to charge the Customer, for the administrative handling of such incidents, a maximum fee equal to the price of an AED as set out in Annex II (D). By accepting these Terms and Conditions, the Customer agrees that Pulse4all may debit these amounts from the Customer's payment method as set out in Article 12.1 and that Pulse4all may contact the Customer directly to obtain additional information.
13.5. Pulse4all has the right to withdraw an AED from the Subscription if Pulse4all is unable to keep the AED in rescue-ready condition. This may be caused by shortages in supply or the unavailability of electrode pads and/or batteries and/or the AED. In such a situation, Pulse4all may invoke force majeure and the relevant AED must be taken out of service by Pulse4all. For the duration of the AED being out of service, the Customer owes no subscription fee to Pulse4all.
14.1. Pulse4all may adjust the Subscription Fee in the event of amended regulations, rising costs or annual indexation on the basis of the consumer price index (CPI), as published by the Central Bureau of Statistics (CBS). Any price changes are communicated to the Customer by email at least one (1) month before the effective date. The Customer has the right to cancel the Subscription with effect from the effective date of the change.
14.2. Pulse4all has the right to unilaterally amend the Subscription (including these Terms and Conditions, the Subscription Fee and the information on the Website) as a result of changes in Pulse4all's product portfolio and/or services, technical, commercial or legal changes, or changing market conditions. Changes to these Terms and Conditions are communicated at least six (6) weeks before the effective date by means of an announcement on the website and an email to the Customer. The Customer will have the right to terminate the Subscription from the date on which the amended terms take effect.
14.3. A change of the Service Area is only permitted with the express consent of Pulse4all and takes effect after written confirmation by Pulse4all of the requested change.
15.1. Pulse4all is entitled to terminate the Subscription immediately in the event of non-payment, misuse, breach of these terms or other circumstances that make continuation unreasonable.
15.2. Pulse4all will inform the Customer in writing of the intended termination of the Subscription and the reason for it. The Customer is given a reasonable period to remedy any shortcomings, unless there are serious circumstances that justify immediate termination (such as fraud or misuse). In the event of non-payment, Pulse4all will first send a notice of default with a period of fourteen (14) days to still comply with the payment obligation. Only if no payment follows after the expiry of this period as well may Pulse4all terminate the Subscription.
15.3. Pulse4all may not reclaim the AED on its own initiative without the Customer's permission or a court order.
15.4. Pulse4all may terminate the subscription at any time with a notice period of one (1) month.
15.5. The Customer has the right to terminate the Subscription immediately if Pulse4all has repeatedly or seriously failed to perform the obligations set out in the Subscription or these Terms and Conditions.
16.1. Pulse4all hereby notifies the Customer that the monthly Subscription Fee that the Customer owes to Pulse4all at any time (now and in the future) and that Pulse4all is entitled to claim from the Customer under a Subscription (the “Claims”), is or will be pledged by Pulse4all (as pledgor), as a result of which a disclosed right of pledge is or will be created on the Claims in favour of a third party (as pledgee). For this purpose, a deed of pledge is or will be drawn up, and the right of pledge to be created therein on the Claims is, by means of this notice to the Customer, disclosed in respect of all present and future Claims of Pulse4all against the Customer in accordance with the provisions of articles 3:236(2) in conjunction with 3:94(1) of the Dutch Civil Code (Burgerlijk Wetboek, BW). By accepting these Terms and Conditions, the Customer declares and acknowledges having received this notice.
16.2. Until the moment the pledgee or Pulse4all gives further notice to the Customer, Pulse4all is authorised by the pledgee and for that reason entitled to collect the monthly Subscription Fee from the Customer. Until the moment of further notice, the Customer must pay the monthly Subscription Fee to Pulse4all, and a payment by the Customer to Pulse4all is a discharging payment for the Customer. After receipt of a further notice from the pledgee or from Pulse4all as pledgor, the authorisation of Pulse4all lapses and the Customer can only make a discharging payment to the pledgee. After receipt of the aforementioned further notice by the Customer, the pledgee is exclusively entitled, to the exclusion of Pulse4all, (i) to demand and receive payment of outstanding Claims by the Customer, (ii) to collect the monthly Subscription Fee from the Customer, and (iii) to terminate the Subscription and the agreements from which the Claims arise and to take all measures the pledgee deems necessary for the collection of the Claims. The Customer will reasonably provide all cooperation so that the pledgee can exercise its rights as pledgee.
17.1. Pulse4all is permitted to transfer or assign its rights and obligations arising from the Subscription or these Terms and Conditions to a third party without the consent of the Customer. The Customer hereby grants in advance its consent to and cooperation with this transfer or assignment.
17.2. Insofar as Pulse4all owns the AED and transfers and delivers it at any time to a subsidiary of the P4a Group, or vice versa, and a notice to the Customer is required pursuant to article 3:115(c) BW, Pulse4all or the subsidiary of the P4a Group hereby gives this notice in advance. The Customer acknowledges such transfer and delivery in advance and will hold the AED from that moment on behalf of Pulse4all or the relevant subsidiary of the P4a Group.
18.1. The Customer is deemed to have accepted all provisions of these Terms and Conditions without reservation.
18.2. Pulse4all may provide the Customer's data to any public authorities on request and will provide this information to the relevant authorities subject to and in accordance with applicable law.
18.3. Pulse4all is entitled at all times to pledge or transfer its Claims against the Customer, of whatever nature, to third parties.
18.4. Any notice of termination or rescission must be made in writing. Where a notice or other communication under these Terms and Conditions must be made in writing, email is sufficient.
18.5. In the event of a conflict between the terms of a Subscription and the terms of these Terms and Conditions, the terms of the relevant Subscription prevail.
18.6. If a provision of these Terms and Conditions is or becomes wholly or partly void, invalid, unenforceable or impracticable, the validity and enforceability of the remaining provisions of these Terms and Conditions remain unaffected. In those circumstances, Pulse4all and the Customer will agree, to replace the defective provision, a provision that comes as close as possible to what Pulse4all and the Customer would have agreed if Pulse4all had realised that the provision was defective, taking into account the spirit and purpose of these Terms and Conditions and applicable law. The same applies to any omissions or gaps in the provisions of these Terms and Conditions.
19.1. The Customer may submit complaints or questions regarding the Subscription via klacht@pulse4all.com. We aim to handle complaints within 14 days. If the Customer remains dissatisfied, the Customer may contact the European ODR platform (Online Dispute Resolution via ec.europa.eu/odr.
20. Applicable law and disputes
20.1. The Subscription and these Terms and Conditions are governed exclusively by Dutch law.
20.2. All disputes arising from or in connection with the Subscription and the Terms and Conditions are submitted exclusively to the competent court in Amsterdam, unless mandatory provisions of consumer law determine that the Customer may also submit the dispute to the competent court in the country of his or her place of residence.
Annex I - Definitions and interpretation
1. Definitions
1.1. Capitalised terms used in these Terms and Conditions have the following meanings:
Subscription: means a subscription for an AED;
Subscription Fee: means the amount the Customer owes Pulse4all for the use of the Pulse4all services provided under a Subscription;
Subscription Period: means the duration of a Subscription as agreed in the Order Process as set out in Article 9;
AED: an Automated External Defibrillator made available by Pulse4all, including associated parts such as batteries and electrodes;
Terms and Conditions: means these Terms and Conditions, including all Annexes;
Order Process: means the process in which a natural or legal person registers for an AED from Pulse4all. This process can be started via the website or another platform made available by Pulse4all;
End Date: means the date on which the Subscription Period ends, being (i) the last day of the Subscription Period on which a written cancellation by the other party pursuant to Article 7 is received, (ii) in the event of a termination pursuant to Article 15.2, the date on which amended Terms and Conditions would take effect, or (iii) the date on which a cancellation by Pulse4all or the Customer pursuant to Article 2.8 or 15.2 is received;
User Manual: a physical copy is transferred with the AED;
Swap Service: means the exchange of the AED by Pulse4all for the reasons and in the manner set out in Article 5;
Cancellation Notice: has the meaning given in Article 6.1;
Customer: means any natural or legal person who enters into a Subscription with Pulse4all;
Unauthorized Swap Services: has the meaning set out in Annex IV (A);
Party: has the meaning given in Article 1.1;
Person: means a natural person, a company or undertaking, a partnership, a limited liability company, an association, a foundation or any other legal person or organisation without legal personality, including a governmental authority;
Pulse4all: means Pulse4all B.V., Pulse4all Finance II B.V. or another group entity of Pulse4all that owns the AED held by the Customer under the Subscription;
P4a Group: the economic unit in which Pulse4all Holding B.V. and its subsidiaries (including Pulse4all) and participations are organisationally connected;
Service Area: the Customer's country of residence;
Start Date: has the meaning given in Article 2.2;
Safe Place: has the meaning given in Article 4.5;
Fee: means any surcharge, cost, fee, compensation or other amount the Customer must pay Pulse4all under these Terms and Conditions, other than the Subscription Fee;
Provided Items: an AED carry case, a Pulse4all First Responder kit and other components supplied with the AED;
Claims: has the meaning given in Article 16.1;
Website: the official website or customer environment of Pulse4all, as communicated to the Customer;
Law: means any applicable law, statute, directive, rule, order (executive or otherwise), code, judgment, order or other binding requirement of a governmental authority, in each case as may be in force from time to time.
Annex II - Overview of the Fees
This annex describes the fees referred to in the Pulse4all Terms and Conditions, which apply to the situations described therein.
A. An Unauthorized Swap Service is a situation in which Pulse4all has to provide additional services outside the normal service, as defined in the Terms and Conditions. This may include, among other things, moving the AED to a location other than the location designated by Pulse4all, or the Customer's failure to keep appointments:
a. Maximum Fee for Unauthorized Swap Services: €100.00 incl. VAT.
B. If the AED is not returned to Pulse4all within seven (7) days after the End Date, this is regarded as theft. Pulse4all reserves the right to charge the Customer for the loss of the AED.
a. Fee for late return: €12.10 incl. VAT per day, up to a maximum of 22 days;
b. After 22 days, the Fee for theft is charged, namely:
i. For a Philips HS1 AED with small carry case: €1,193.55 incl. VAT;
ii. For a Philips FRx AED with carry case: €1,520.82 incl. VAT;
iii. plus administrative costs of €100.00 incl. VAT.
C. If the Customer loses the AED, Pulse4all reserves the right to charge the Customer for the loss of the AED.
i. For a Philips HS1 AED with small carry case: €1,193.55 incl. VAT;
ii. For a Philips FRx AED with carry case: €1,520.82 incl. VAT;
iii. plus administrative costs of €100.00 incl. VAT.
D. In the event of damage to the AED or parts thereof, as defined in Article 12.2 of the Terms and Conditions, Pulse4all may charge the Customer.
a. Maximum fee for damage to the AED:
i. Philips HS1 AED with small carry case: €1,193.55 incl. VAT; or
ii. Philips FRx AED with carry case: €1,520.82 incl. VAT;
iii. plus administrative costs of €100.00 incl. VAT.
b. Maximum fees for damage to parts are:
i. Philips HS1/FRx battery: €242.53 incl. VAT;
ii. Philips HS1 adult electrodes: €101.10 incl. VAT;
iii. Philips FRx adult electrodes: €89.93 incl. VAT;
iv. Philips HS1 AED narrow carry case: €240.49 incl. VAT;
v. Philips HS1 AED wide carry case: €296.45 incl. VAT;
vi. Philips FRx AED narrow carry case: €217.80 incl. VAT;
E. Pulse4all may charge additional costs for additional actions that fall outside the normal service, or penalties for situations in which the Customer does not act in accordance with the Terms and Conditions.
a. Additional actions (for example, a different collection location):
i. Fee: €50.00 incl. VAT per additional action
ii. Example: If Pulse4all has to collect the AED at a different location, such as a location outside the normal service zone (e.g. another city or a place that is not easily accessible).
b. Penalty for incorrect return of the AED:
i. Fee: €25.00 incl. VAT per occurrence
ii. Application: For example, if the AED is returned in a damaged condition or if packaging instructions have not been followed.
c. In the event of theft as described in Article 10, the following Fees are charged:
i. For a Philips HS1 AED with small carry case: €1,193.55 incl. VAT;
ii. For a Philips FRx AED with carry case: €1,520.82 incl. VAT;
iii. plus administrative costs of €100.00 incl. VAT.
The prices stated are based on the most current prices of the AED models and parts that Pulse4all offers in cooperation with suppliers.
Annex III - All-Risk Cover for AEDs - Pulse4all
This annex forms an integral part of the Pulse4all Terms and Conditions. By agreeing to the terms and conditions when entering into the Subscription, the customer also agrees to the conditions described below for the all-risk cover of the AED.
1.1. This annex provides all-risk cover for the AED you have acquired from Pulse4all. This is not insurance, but a replacement service that covers the AED against damage and theft, provided that the conditions of the Subscription are met.
2.1. Conditions: the AED must be stored in a Safe Place.
2.2. Actions in the event of theft or loss:
2.2.1. Report the theft or loss to Pulse4all within 24 hours.
2.2.2. File a report with the police and provide a copy of the official police report to Pulse4all.
2.2.3. After correctly following the procedure, you will receive a replacement AED free of charge.
2.3. Please note: If the AED was not stored in a Safe Place, a pro rata negligence fee may apply.
3.1. Actions in the event of damage:
3.1.1. Report the damage to Pulse4all within 24 hours.
3.1.2. Pulse4all will assess the damage and determine whether it is covered.
3.1.3. In the event of damage due to careless use, costs may be charged (for example, water damage, drop damage or deliberately opening the AED).
3.1.4. In the event of damage due to other causes, Pulse4all will replace the AED free of charge via the Swap Service.
4.1. What does this involve? Pulse4all offers an unlimited number of replacements of your AED at no additional cost in the following cases:
4.1.1. The battery or electrode pads have expired.
4.1.2. The AED is damaged or has become defective.
4.1.3. The AED has been used in an emergency.
4.1.4. The AED beeps or displays an error message.
4.2. Conditions in the event of theft: A replacement AED is only supplied after handing over the official police report.
5. Exceptions and Own Responsibility
5.1. This service agreement provides extensive cover, but there are some exceptions:
5.1.1. Careless use: If damage is caused by recklessness, Pulse4all may charge pro rata compensation.
5.1.2. Loss without notification: If a lost AED is not reported correctly within 24 hours, the customer may be held liable.
5.1.3. Third-party liability: In the event of damage or theft by a third party, the customer must provide the contact details of this person to Pulse4all for further handling, if possible. Providing these details is only required if this is necessary for the handling of the damage or theft.
6.1. The full terms of your Pulse4all Subscription, including the annex, are available on our website or can be sent on request by email.
7.1. For questions or to request a replacement AED, the Customer may contact Pulse4all customer service via the customer portal or the contact options stated on the Website.
7.2. Pulse4all endeavours to ensure that the Customer always has a properly functioning AED and offers support to safeguard the availability and deployability of the device.
Annex IV - Model withdrawal form
Complete and return this form only if you wish to rescind / withdraw from the contract.
To [the trader's name, address and, where available, fax number and email address are to be inserted here by the trader]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*)
Ordered on (*)/Received on (*)
[only if this form is notified on paper]
Version 3.1, 18 May 2025