Terms of Delivery
Chapter 1. General provisions
Art. 1 Definitions
In these general terms and conditions and the provisions based thereon, the following definitions apply:
- cooling-off period: the period within which the consumer or client can make use of his right of termination;
- consumer: the buyer, natural person who is not acting in the exercise of a profession or business;
- consumer purchase: the purchase in relation to a movable item, including electricity, that is concluded by a seller who is acting in the exercise of a profession or business and a buyer, natural person, who is not acting in the exercise of a profession or business;
- day: calendar day
- durable data carrier: any tool that enables the consumer or client or the trader to store personal information addressed to him in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended , and which allows an unchanged representation of the stored information;
- Company: the natural or legal person who acts in the context of his trade, business, craft or professional activity, whether or not also through another person acting on his behalf or for his account;
- unambiguous statement: the statement from a consumer or client to the Company that is only open to one explanation. The statement contains at least:
- name of the consumer or client;
- (billing address;
- Postal Code;
- phone number;
- e-mail address;
- order number;
- product to which the statement relates.
- client: the natural or legal person who gives an assignment to the Company;
- distance agreement: the agreement concluded between the trader and the consumer or principal within the framework of an organized system for distance sales or services without the simultaneous personal presence of the trader and consumer or principal and whereby, up to and including the moment of the conclusion of the agreement, use is made exclusively of one or more means of distance communication;
Art. 2 The Company
Company: The Health Connection
trading under the name: VITAMINESPRAY.NL
Located at: Hogeweg 26
1401 TL Bussum
Chamber of Commerce number: 32064385
Email address: firstname.lastname@example.org
Telephone number: +31 (0) 35 6947148
Art. 3 The company
- These terms and conditions apply to every website affiliated with The Health Connection, including http://vitaminespray.nl/ and http://vitaspray.nl
Art. 4 Applicability
- These general terms and conditions apply to every offer from the Company and to every distance agreement concluded between the Company and consumer or client.
- Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer or client. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the Company and they will be sent free of charge as soon as possible at the request of the consumer or client.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically to the consumer or client in such a way that they are the consumer or client can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general conditions can be read electronically and that they will be made free of charge electronically or otherwise at the request of the consumer or client. forwarded.
- The general terms and conditions can be consulted at all times on the Company's websites.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer or client may always invoke the applicable provision that for him most beneficial.
Art. 5 Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer or client and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer or client.
Chapter 2. The agreement
Art. 6 Price
- During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates or obvious errors.
- Contrary to the previous paragraph, the Company may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the Company has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the Company has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer or client has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services include VAT.
Art. 7 Offer
- The offer contains a complete and accurate description of the goods and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer or client.
- If the Company uses images, these are a true representation of the goods and / or services offered.
- Before the consumer or client is bound by a distance agreement or an offer to that end, the Company provides the consumer or client in a clear and comprehensible manner, insofar as applicable to that offer, the following information:
- the total price of the item, including all taxes;
- if applicable, all additional freight, delivery or postage costs and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such costs may be due;
- the manner in which the agreement is concluded and which actions are required for this;
- whether or not the termination right applies;
- the method of payment, delivery, execution, the period within which the Company undertakes to deliver the item or provide the services and, where applicable, the Company's complaint handling policy;
- the period for accepting the offer, or the period within which the Company guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer or client;
- the way in which the consumer or client, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer or client can consult these codes of conduct electronically;
- if an offer has a limited period of validity or is subject to conditions, the outward validity period or the explicit conditions under which the offer can be accepted.
- Obvious errors in the offer, including obvious errors, do not bind the Company. Expressly stated herein are errors in the offer advertised elsewhere than on the Company's site, whereby the information on the Company's site is always considered leading. Partly a manifest error is understood to mean such a low offer that the consumer or client knew or should reasonably have known that it concerned a manifest error in the offer.
- In the event that the consumer or client has accepted an offer with a manifest error or error, the consumer or client will be immediately informed of the apparent error by e-mail. The e-mail also sets a period within which the consumer or client is offered the opportunity to respond to the correct offer.
Art. 8 Agreement
- The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance of the offer by the consumer or client and compliance with the corresponding conditions.
- If the consumer or client has accepted the offer electronically, the Company will immediately confirm receipt of the acceptance of that offer electronically. As long as the receipt of this acceptance has not been confirmed by the Company, the consumer or client can terminate the agreement.
- If the agreement is concluded electronically, the Company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer or client can pay electronically, the Company will take appropriate security measures.
- If, after concluding the agreement, the Company learns of circumstances that give her good reason to fear that the consumer or client will not comply with the payment obligation, the Company may suspend the fulfillment of her part of the agreement, terminate the agreement or attach special conditions to the implementation of the agreement.
- The Company must provide the consumer or client with the item or service with the following information, in writing or in such a way that it can be stored by the consumer or client in an accessible manner on a durable medium:
- the visiting address of the establishment of the Company where the consumer or client can go with complaints;
- the conditions under which and the manner in which the consumer or client can make use of the right of termination, or a clear statement regarding the exclusion of the right of termination;
- the information about guarantees and existing service after purchase;
- the data included in article 7 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer or client before the performance of the agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Chapter 3. Implementation of the agreement
Art. 9 Delivery
- The Company takes the greatest possible care when executing orders and when assessing requests for the provision of services. Should a product nevertheless be delivered to the consumer or client damaged or otherwise unusable, it can report this to the Company within 3 working days after delivery of the product via an unambiguous statement, with due observance of the provisions of art. 1 under g of these conditions.
- Taking into account what is stated about this in article 7 of these conditions, the Company carries out accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed.
- If the delivery is delayed, or if an order cannot or only partially be executed, the consumer or client will be notified of this no later than 30 days after the order has been placed. In that case, the consumer or client has the right to terminate the agreement free of charge and is entitled to any compensation.
- Products are delivered to the address provided by the consumer or client to the Company. If the address turns out to be incorrect and / or the product is returned, no further action will be taken by the Company.
- Products that have not been available to the consumer or client within two months or for which the consumer or client has not reported within that period will lapse to the Company.
- If the consumer or client has indicated that he or she wishes to claim a returned product, any costs for shipping will be charged to the consumer or client.
- The product is returned to the consumer or client after receiving the shipping costs. The return shipment is treated in the same way as the first shipment. The other provisions of this article apply mutatis mutandis to the return.
Art. 10 Payment
- Payment is possible on the payment methods offered by the Company for this purpose.
- Unless otherwise agreed, the amounts owed by the consumer or client must be paid within 14 days after the start of the reflection period as referred to in art. 17 paragraph 1 of these conditions. In the case of an agreement to provide a service, this period starts after the consumer or client has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
- The consumer or client is obliged to immediately report inaccuracies in payment data provided or stated to the Company.
- In the event of non-payment on the part of the consumer or client, the Company has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer or client in advance.
Art. 11 Shop credit
- Shopping credit is valid for the period stated on the shopping credit, counting from the day the shopping credit is obtained.
- If no period is specified on the shop credit, the shop credit is valid for 5 years from the day the shop credit is obtained.
Chapter 4 Special provisions, conformity and warranty
Art. 12 Intellectual Property
- Company retains the right to all intellectual property at all times, arising from or resulting from the service provided by Company, unless explicitly agreed otherwise.
- All rights of intellectual or industrial property, as well as similar rights to protect information, which relate to products and / or services manufactured by the Company and delivered to the client, remain the property of the Company. Nothing in the agreement concluded or to be concluded with the client serves to transfer such rights, unless explicitly agreed otherwise.
- Client, unless the parties have explicitly agreed otherwise, only obtains a non-exclusive and non-transferable right of use for the use of the products and results of the services for the agreed objectives. The Client will strictly adhere to the conditions laid down in the General Conditions or otherwise imposed on the Client in such use.
- Client is not entitled to use the products and results of services other than for the use of the items to which they relate.
- The client is not entitled to reproduce and / or disclose the products and results of the services or the information contained therein or otherwise made known to him / her to third parties, unless the Company gives explicit written permission for this.
- Client will not remove or change indications of Company or its suppliers regarding copyrights, brands, trade names or other intellectual property rights.
- Company guarantees that she is entitled to grant the user right to the client and indemnifies the client against any third-party claims in this regard. This provision does not apply if and insofar as the products and / or results of the services have been changed and / or if these have been delivered in connection with goods from third parties, unless the client demonstrates in the latter case that the claims of third parties only relate to on the products and / or results of the services supplied by the Company.
- In the event of a violation of the provisions in the preceding paragraphs, the client owes the Company a penalty of € 5000.00 for each violation, regardless of the Company's other rights to performance, dissolution, compensation and the like.
Art. 13 Retention of title
- Company retains ownership of all goods delivered by him until the client has fully met all his payment obligations.
- Before the transfer of ownership, the buyer is not authorized to sell, deliver or otherwise dispose of these items, other than in accordance with his normal business and the normal destination of the items. The buyer is furthermore not permitted to pledge these goods or to grant any other right to them to third parties as long as the ownership of these goods has not been transferred to the buyer.
- The client is obliged to store the goods that have been delivered under retention of title carefully and as recognizable property of the Company.
Art. 14 Conformity
- The Company guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of conclusion of the agreement and / or government regulations. If agreed, the Company also guarantees that the product is suitable for other than normal use.
- In any case, a product does not meet the agreement if, in view of the nature of the product and the communications made by the Company about the product, it does not have the characteristics that the consumer or client could expect based on the agreement.
- The consumer or client cannot rely on the fact that the item does not comply with the agreement if this was known to him or could reasonably have been known at the time the agreement was concluded, in particular in view of the provisions of art. 15 of these conditions.
- A guarantee provided by the Company, manufacturer or importer does not affect the legal rights and claims that the consumer or client can assert against the Company based on the agreement.
Art. 15 Warranty
- The Company uses a warranty period of two years, unless it is explicitly stated otherwise in the offer or the warranty period is unreasonable given the nature of the product.
- In the case of refurbished products, the Company applies a guarantee period of 12 months, unless explicitly agreed otherwise.
- The guarantee does not apply if the defect is due to:
- inattention of the consumer or client;
- improper use of the product;
- usage damage;
- intentional damage; or
- neglected care of the product.
- The Company assumes that a product was defective when the consumer or client bought the product, if the defect reveals itself within six months of purchase, unless the nature of the product dictates otherwise.
- The consumer or client must, within two months after the defect has been revealed, report this in writing to the trader unambiguously, taking into account the provisions of Article 1 under g of these conditions.
- If the defect has not been reported to the Company within two months after the disclosure, the warranty will lapse.
- In the event of a valid defect, the Company offers a replacement product. If no replacement product can be delivered, the amount paid will be refunded.
Chapter 5 Dissolution and disputes
Art. 16. Right of termination
- The consumer can cancel the distance purchase without giving a reason until a period of 14 days has elapsed, after:
- in the case of an agreement to provide services: the day on which the agreement is concluded.
- at a consumer purchase:
- the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the product;
- the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the last product, if the consumer has ordered several products in the same order that are delivered separately;
- the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the last shipment or the last part if the delivery of a product consists of different shipments or parts; or
- the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the first item for an agreement that extends to the regular delivery of goods during a certain period.
- The consumer exercises the right referred to in paragraph 1 by making an unambiguous statement to that effect within the period specified in paragraph 1 , with due observance of the provisions of art. 1 part g of these conditions.
- If the consumer makes an unambiguous statement to the Company, then the Company confirms receipt of this statement by e-mail. This e-mail also provides the information required for the correct shipment of the product that forms the basis of the dissolved agreement.
- If the unambiguous statement has not reached the Company, the burden of proof of sending lies with the consumer.
- The Company reserves the right not to handle incomplete or incorrect statements.
- Only returning the product is not considered as exercising the right of dissolution. Only the return of the product by the consumer is art. 9 of these terms and conditions apply accordingly.
- The consumer is responsible for the correct return of the product in proper packaging. Proper packaging means in any case the undamaged packaging in which the product has been delivered to the consumer or client.
- The burden of proof for the correct and timely exercise of the right referred to in paragraph 1 is on the consumer.
- The Company is not responsible for any damage to the product caused by a third party engaged by the consumer for the return. The burden of proof for correct shipping and insurance of the product in the event of loss or damage during the return is on the consumer.
- Exchanging a product is not possible. The consumer is free to dissolve an agreement within the period specified in paragraph 1 and to order a new product.
Art. 17 Exclusion right of cancellation
- The consumer or client does not have the right to dissolve products:
- that have been established by the Company in accordance with specifications of the consumer or client;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price depends on fluctuations in the financial market over which the Company has no influence;
- being audio and / or video recordings and computer software of which the consumer or client has broken the seal or, in the case of online courses, from the moment that the consumer or client has logged in;
- being individual newspapers and magazines; or
- being the delivery of digital content that has not been delivered on a tangible medium, insofar as the performance has begun with the express prior consent of the consumer or client and the consumer or client has stated that he thereby waives his right of dissolution.
- The consumer or client does not have the right to dissolve services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- whose delivery has begun with the express consent of the consumer or client before the cooling-off period has expired; or
- concerning bets and lotteries.
- The Company can only exclude the right of withdrawal as referred to in paragraphs 1 and 2 if the Company has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Art. 18 Costs in the event of termination
- The costs of returning a product, in the case of an appeal to the right of termination, are for the account of the consumer.
- In the event of dissolution, the Company reserves the right not to refund the entire purchase amount if the product has damage or has been used other than is necessary to determine whether the product meets the wishes of the consumer.
- If the consumer has paid a purchase amount, the amount will be refunded within 14 days of receipt of the product from the Company, subject to the provisions of paragraph 2.
- The consumer is immediately informed, with reasons, by e-mail that the full purchase amount is not reimbursed. The consumer can waive the right of dissolution, if the full purchase amount is not reimbursed, by means of an unambiguous statement to the Company, with due observance of the provisions of art. 1 under g of these conditions.
- If the full purchase amount is not reimbursed, the Company waits for 14 days after receiving the product to repay the partial purchase amount. The consumer can waive his right to cancel until the partial purchase amount has been refunded to his account.
- If the consumer waives the right of cancellation, the costs for shipment will be borne by the consumer. After receiving the shipping costs, the product is returned by the Company within 14 days.
Art. 19 Liability
- Company is not responsible for the use of products offered on the website, which should be regarded as nutritional supplements. When in doubt consult your doctor, specialist or professional expert in advance.
Art. 20 Complaints procedure
- The Company has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the Company, after the consumer or client has found the defects. Complaints can be submitted to the Company by means of an unambiguous statement, taking into account the provisions of Article 1 under g of these terms and conditions.
- Complaints submitted to the Company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Company will respond within a period of 14 days with a message of receipt and an indication when the consumer or client can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Art. 21 Changing the General Terms and Conditions
- Contractor is always authorized to change these general terms and conditions.
- Changes will only become binding for the client if the contractor has notified the client of the changes to the general terms and conditions and has expired fourteen days after the date of this notification, without the client having informed the contractor in writing that the changes were not to agree.
Art. 22 Disputes
- Agreements between the Company and the consumer or client to which these general terms and conditions apply are exclusively governed by Dutch law.
- All disputes between parties arising from this agreement will, unless otherwise agreed between the parties, be submitted by the most diligent party to the competent Dutch court at the place of business of the Company.
- If one or more articles of these terms and conditions are declared invalid by court decision, other provisions of these terms and conditions will remain in full force and the Company and client will enter into consultation in order to agree new provisions to replace the invalid or voided provisions. , whereby the purpose and purport of the invalid or annulled provisions are taken into account as much as possible.