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General conditions webshop

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Consumers’ obligations during the cooling-off period

Article 8 – Exercise of the consumer’s right of withdrawal and its costs

Article 9 – Entrepreneur’s obligations in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Fulfillment of the agreement and additional warranty

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Long-term contract: a contract that covers the regular delivery of goods, services, and/or digital content over a certain period;
  7. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer’s option to withdraw from the distance contract during the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereupon and including the conclusion of the contract only or partly uses one or more techniques for communication at a distance;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have the right of withdrawal regarding his order;
  12. Technique for communication at a distance: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space.

Article 2 – Identity of the entrepreneur

  1. Products For Wellness, located in Beverwijk, Chamber of Commerce number 57310165, VAT identification number NL121042819B02, is referred to as the seller in these general terms and conditions.
  2. Products For Wellness can be contacted at telephone number (0)251 82 38 89 on weekdays (Monday to Friday) from 09:00 to 18:00 and via email at info@comfykussen.nl.
  3. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
  4. The parties are the seller and the buyer together.
  5. The agreement refers to the purchase agreement between the parties.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge to the consumer upon request as soon as possible.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph, and before the contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. Within legal frameworks, the entrepreneur can inquire about the consumer’s ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, give reasons, or attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer along with the product, service, or digital content in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    • the visiting address of the entrepreneur’s business premises, where the consumer can go with complaints;
    • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing after-sales service;
    • the price, including all taxes on the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or implementation of the distance contract;
    • the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

Article 6 – Right of Withdrawal

For products:

  1. The consumer has the right to dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel the consumer to provide his or her reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
  3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
  4. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.
  5. for contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer has the right to dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel the consumer to provide his or her reason(s).
  2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in case of non-disclosure of the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 Obligations of the Consumer During the Cooling-off Period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for any reduction in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the conclusion of the agreement.

Article 8 Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or his authorized representative). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has, in any case, observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer is not obliged to bear the costs of return shipment.
  6. If the consumer withdraws after having expressly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begin during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
  7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  8. the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
  9. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
  10. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
  11. he has not expressly agreed before delivery to the start of the fulfillment of the agreement before the end of the cooling-off period;
  12. he has not acknowledged losing his right of withdrawal when granting his consent; or
  13. the entrepreneur has failed to confirm this statement from the consumer.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the consumer to notify withdrawal electronically, he shall promptly send an acknowledgment of receipt upon receiving this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
  3. The entrepreneur shall use the same means of payment for the reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service contracts, after full performance of the service, but only if:
    1. the performance has begun with the consumer’s express prior consent; and
    2. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
  4. Package travel as referred to in Article 7:500 BW [Civil Code] and contracts for passenger transport;
  5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
  6. Contracts relating to leisure activities, if a specific date or period of performance is provided for in the contract;
  7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products which, by their nature, are irrevocably mixed with other products after delivery;
  11. Alcoholic beverages whose price has been agreed upon at the time of the conclusion of the contract but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
  12. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
  13. Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
  14. The supply of digital content not supplied on a tangible medium, but only if:
    1. the performance has begun with the consumer’s express prior consent; and
    2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. The fact that any prices mentioned are target prices and that prices may vary shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the contract and additional warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfill his part of the contract.
  3. By extra guarantee is meant any commitment by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the contract.

Article 13 – Delivery and execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract free of charge and to be entitled to any compensation.
  4. After dissolution, in accordance with the previous paragraph, the entrepreneur shall refund the amount that the consumer has paid without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Long-term transactions: duration, termination, and extension

Termination:

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the specified period, subject to the agreed termination rules and a notice period of at most one month.
  3. The consumer can terminate the agreements mentioned in the preceding paragraphs:
    1. at any time and shall not be limited to termination at a specific time or during a specific period;
    2. at least terminate in the same way as they have been entered into by him;
    3. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
  2. Notwithstanding the preceding paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is at any time entitled to terminate with a notice period of at most one month. The notice period is at most three months in the event the agreement extends to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiry of the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise agreed in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer receives confirmation of the contract.
  2. In consumer sales contracts, the consumer shall never be obliged to make an advance payment of more than 50% in the general terms and conditions. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer fails to fulfill his payment obligation(s) in a timely manner, he shall be in default after being reminded by the entrepreneur, and the entrepreneur shall be entitled to charge the consumer interest on the amount still owed and to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500,=; 10% over the next € 2,500,=; and 5% over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently disclosed complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.
  4. The consumer shall give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution.

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or deviating provisions

  1. Any extra terms or changes to these standard terms and conditions cannot disadvantage the consumer. They must be documented in writing or in a format that the consumer can easily store for future reference.

Appendix I: Model withdrawal form