General conditions Supplements Europe

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General conditions "webshop quality brand":

CONTENTS

Article 1 - Definitions                                               

Article 2 - The Entrepreneur’s identity                         

Article 3 - Applicability                                              

Article 4 - The offer                                       

Article 5 - The agreement                                       

Article 6 - Right of withdrawal                                   

Article 7 - Consumer’s obligations during the reflection period                      

Article 8 - Exercising the Consumer’s right of withdrawal and the costs

Article 9 - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal    

Article 11 - The price                             

Article 12 - Compliance and extra guaranty                            

Article 13 - Delivery and execution                    

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                       

Article 16 - Complaints procedure                      

Article 17 - Disputes                                       

Article 18 - Sector guarantee                            

Article 19 - Additional or varying provisions         

Article 20 - Amendment to the General Terms and Conditions of Webshop Keurmerk  

Article 21 - Emails to the customer

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement      and these goods, digital content and/or services are delivered by the       Entrepreneur or a third party on the basis of an arrangement between this          third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his   right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to           his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods,          services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the     Consumer or the Entrepreneur to store information directed to him/her    personally in such a manner that makes future consultation and use possible     during a period that matches the purpose for which the information is       destined and which makes unaltered reproduction of the stored information possible.
  8. Right of withdrawal: the Consumer’s option not to proceed with the     distance agreement within the cooling-off period;
  9. Entrepreneur: the natural of legal person who is a member of Stichting          Webshop Keurmerk and who provides products, (access to) digital content           and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the    Consumer within the scope of an organised system for distance selling        products, digital content and/or services, whereby exclusive or additional   use is made of one or more technologies of distance communication up to the      conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for        withdrawal included in Appendix 1;
  12. Technology for distance communication: a means to be used for      concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.      

 

Artikel 2 – Identity of the entrepreneur

 

Name entrepreneur (Nova Vitae BV handelend onder de naam:Voedingssupplementen Nederland);

Adres Elleboog 1  6713KP Ede

Phone: 0031 318 610526 (Maandag t/m vrijdag: 9:00 - 17:00)

Email: info@voedingssupplementennederland.nl

Chamber of Commerce: 09188615

VAT identification number: NL00820078682B01


 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur   and to any distance contract concluded by the Entrepreneur and the    Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of   these General Terms and Conditions available free of charge and as soon as          possible. If this is reasonably impossible, the Entrepreneur shall indicate in          what way the General Terms and conditions can be inspected and that they         will be sent free of charge if so requested, before the distant contract is           concluded.

3.     If the distance contract is concluded electronically, the text of these General      Terms and Conditions, in deviation from the previous section and before the         distance contract is concluded, may also be supplied to the Consumer       electronically in such a way that the Consumer can easily store it on a long-     term data carrier. If this is reasonably impossible, it will be specified where          the General Terms and Conditions can be viewed electronically and that they       will be sent to at the Consumer´s request free of charge, either via         electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to           these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most    favourable to him/her.

 

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable         the Consumer to assess the products, or services and/or digital content          adequately. If the Entrepreneur makes use of pictures, they are truthful         images of the products and/or services provided. Obvious errors or mistakes       in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights    and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the   Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur       shall promptly confirm receipt of having accepted the offer via electronic          means. As long as the receipt of said acceptance has not been confirmed, the      Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take       appropriate technical and organisational security measures for the electronic         data transfer and ensure a safe web environment. If the Consumer can pay        electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about     Consumer’s ability to fulfil his payment obligations, and all facts and factors     relevant to responsibly concluding the distance contract. If, acting on the    results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request       supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following   information along with the product, the service or the digital content in writing         or in such manner that the Consumer can store it in an accessible manner on      a long-term data carrier:    
        a. the visiting address of the Entrepreneur´s business establishment where       the Consumer may get into contact with any complaints;   
        b. the conditions on which and the manner in which the Consumer may   exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;  
        c. the information corresponding to existing after-sales services and       guarantees;
        d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or          implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration      of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of      withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous      paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving    reasons for a period of reflection of at least 14 days. The Entrepreneur    may    ask the Consumer about the reason for the withdrawal but cannot force           him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product    is received by the Consumer or by a third party appointed by him in advance        and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on             which the Consumer or a third party appointed by him received the                    last product. The Entrepreneur may refuse an order of several products                   with different delivery dates provided that he clearly informs the               Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts:                 the day on which the Consumer or a third party appointed by him             received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a                   given period: the day on which the Consumer or a third party appointed              by him received the first product.

In case of services and digital content that is not delivered on a physical carrier:

  1. The Consumer can terminate an agreement for services or an agreement         for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Entrepreneur may ask         the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).
  2. The reflection period referred to in Article 3 starts on the day following the        conclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  1. If the Entrepreneur has not provided the Consumer with the legally required      information about the right of withdrawal or has not provided the standard       form for withdrawal, the reflection period expires twelve months after the      end of the original reflection period in accordance with the reflection period         determined in the previous sub-clauses of this Article.
  2. If the Entrepreneur provided the Consumer with the information referred          to in the previous article within twelve months after the starting day of the          original period of reflection, the period of reflection expires 14 day after the      day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging      with care. The Consumer shall only unpack or use the product to the extent          necessary for establishing the nature, the characteristics and the effect of the          product. The guiding principle is that the Consumer may only handle and   inspect the product in the manner in which one is allowed to handle a product     in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is        caused by the way of handling the product which went further than       allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the          Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the       Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized      representative of) the Entrepreneur as soon as possible but within 14 days        counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any       event if the product is returned before the expiration of the period of     reflection.
  3. The Consumer shall return the product with all delivered accessories and if        reasonably possible in the original state and packing and in conformity with   reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the       right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the           Entrepreneur has not reported that the Consumer has to bear these costs or if          the Entrepreneur pointed out that he will bear the costs himself, the          Consumer need not pay the cost of returning the product.
  6. If the Consumer withdraws after having first explicitly requested that the          performance of a service or the supply of gas, water or electricity having not        been made ready for sale not be started in a limited volume or given quantity     during the period of reflection, the Consumer shall pay the Entrepreneur an         amount that is equal to the part of the obligation already   performed at the     time of withdrawal as compared with the full compliance of the   obligation.
  7. The Consumer does not bear the costs for performing services for the supply    of water, gas or electricity that had not been made ready for sale in a limited      volume or quantity, or for the supply of district heating if
    1. the Entrepreneur has not provided the Consumer with the statutorily                  required information about the right of withdrawal, the compensation of            costs in case of withdrawal or the standard form for withdrawal, or
    2. if the Consumer has not explicitly requested that the performance of                  the service or the supply of gas, water and electricity or district heating               be started during the period of reflection.
    3. The Consumer does not bear any cost for the full or partial delivery of               digital content not stored on a physical carrier if
    4. prior to the delivery, he has not explicitly consented to start                              performance of the agreement before the end of the period of reflection;
    5. he did not acknowledge to lose his right of withdrawal when giving            consent; or
    6. the Entrepreneur failed to confirm the Consumer’s statement.
  8. If the Consumer exercises his right of withdrawal, all additional agreements       end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means     possible, he shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse all payments made by the Consumer,   including any delivery costs that the Consumer may charge for the returned         product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers   to collect the product himself, he can wait with paying back until having         received the product or until the Consumer proved that he returned the           product, whichever occurs first.
  3. The Entrepreneur shall make use of the same means of payment that the         Consumer used, unless the Consumer consents to another method. The   reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse 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 notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the       financial market on which the Entrepreneur has no influence and which may      occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is          defined as a selling method whereby the Entrepreneur offers products, digital         content and/or services to the Consumer who is personally present or has the      possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as              the Entrepreneur has fully performed the agreement.

  1. Services agreements for making accommodation available when a certain         period of implementation is provided and other than for residential   purposes, goods transports, car rental services and catering;
  2. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
  3. Products manufactured in accordance with the Consumer’s specifications           which are not prefabricated and which are produced on the basis of a   Consumer’s individual choice or decision or which are intended for a specific         person;
  4. Perishable products or products with a limited durability.
  5. Sealed products which are for health or hygiene reasons not suitable for being   returned and of which the seal was broken;
  6. Products which for their nature are irreversibly mixed with other products;
  7. Alcoholic drinks of which the price has been agreed upon at the conclusion of     the agreement but of which the delivery can take place only after 30 days,      and whose real value depends on fluctuations in the market which the      Entrepreneur cannot affect.
  8. Sealed audio and video recordings and computer programs of which the seals   were broken after delivery;
  9. Newspapers, periodicals or magazines, with the exception of subscriptions to     them;
  10. The delivery of digital content other than on a physical carrier, but only if:         a.       the performance was started with the Consumer’s explicit prior                         consent;

   b.     the Consumer stated that he will lose his right of withdrawal by doing                 so.

 

Article 11 - The price

1.     The prices of the products and/or services provided shall not be raised during    the validity period given in the offer, subject to changes in price due to     changes in VAT rates.

2.     Contrary to the previous paragraph, the Entrepreneur may offer products or     services whose prices are subject to fluctuations in the financial market that          are beyond the Entrepreneur’s control, at variable prices. The offer will state   the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.

3.     Price increases within 3 months after concluding the contract are permitted       only if they are the result of new legislation.

4.     Price increases from 3 months after concluding the contract are permitted        only if the Entrepreneur has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Consumer has the authority to cancel the contract before the day on             which the price increase starts.

5.     All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.     The Entrepreneur guarantees that the products and/or services comply with      the contract, with the specifications listed in the offer, with reasonable   requirements of usability and/or reliability and with the existing statutory      provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is     suitable for other than normal use.

2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s      obligations if the Entrepreneur has failed in the fulfilment of his part of the         agreement.

3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his       Supplier, Importer or Manufacturer in whom he assigns certain rights or          claims to the Consumer that go further than he is legally       required in case he       fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1.     The Entrepreneur shall exercise the best possible care when booking orders       and executing product orders and when assessing requests for the         provision of services.

2.     The place of delivery is at the address given by the Consumer to the      Entrepreneur.

  1. With due observance of the stipulations in Article 4 of these General Terms        and Conditions, the Entrepreneur shall execute accepted orders with   convenient speed but at least within 30 days, unless another delivery period         was agreed on. If the delivery has been delayed, or if an order cannot be       filled or         can be filled only partially, the Consumer shall be informed about this      within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible         compensation.

4.     After repudiation in conformity with the preceding paragraph, the           Entrepreneur shall return the payment made by the Consumer promptly but     at least within 30 days after repudiation.

5.     The risk of loss and/or damage to products will be borne by the Entrepreneur    until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed      otherwise.

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.     The Consumer may at all times terminate a contract that was concluded for      an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination    rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a    specific time and which extends to the regular delivery of products (including      electricity) or services at the end of the specific period, with due observance          of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding     paragraphs:
        -      at any time and not be limited to termination at a particular time or in a              given period; 
        -      at least in the same way as they were concluded by him;   
        -      at all times with the same notice as the Entrepreneur stipulated for                    himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular        delivery of products (including electricity) or services may not be        automatically extended or renewed for a fixed period.    
5.     Notwithstanding the preceding paragraph, a contract for a definite periodwhich extends to the regular delivery of dailies, newspapers, weekly     newspapers and magazines, may tacitly be renewed for specific period of   three months at the most if the Consumer can terminate this extended     agreement towards the end of the extension with a notice of one month at the    most. 
6.     An agreement concluded for a definite period and which extends to the   regular delivery of products or services may only be extended tacitly for an        indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about     a delivery of dailies, newspapers and weeklies and magazines occurring     regularly but less than once a month.       
7.     An agreement with limited duration of regular delivery of trial dailies,      newspapers, weeklies and magazines (trial or introductory subscription) is not         renewed tacitly and ends automatically after the trial or introductory period.
Duration

8.     If the duration of a contract is more than one year, the Consumer may   terminate the contract at any time after one year with a notice of not more      than one month, unless reasonableness and fairness resist the termination         before the end of the agreed term.

 

Article 15 – Payment

 

1.     Unless otherwise stipulated in the agreement or in the additional conditions,       the amounts to be paid by the Consumer must be settled within 14 days after     the period of reflection, or if there is no period of reflection within 14 days      after concluding the agreement. In case of an agreement to provide a service,         this period starts on the day that the Consumer received the confirmation of     the agreement.

2.     When selling products to Consumers, it is not permitted to negotiate an   advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right   regarding the execution of the order in question or the service(s) in          question before making the agreed advance payment.

3.     The Consumer has the duty to inform the Entrepreneur promptly of possible      inaccuracies in the payment details that were given or specified.

4.     In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late       and allowed the Consumer a period of 14 days to comply with the payment      obligations, the Consumer is to pay the statutory interest on the amount         payable and the Entrepreneur is entitled to charge the Consumer with any         extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following    € 2,500 and 5% for the following € 5000, with a minimum of € 40. The     Entrepreneur may deviate from the aforementioned amounts and percentages       in favour of the Consumer.

 

Article 16 - Complaints procedure

    The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
    Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
    A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.
    Webshop Keurmerk will not deal with a dispute or discontinue the handling, if the entrepreneur has been granted a suspension of payment, it has become bankrupt or has actually ended its business activities or the webshop has been suspended or canceled by Webshop Keurmerk.
    A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
    The dispute must be submitted in writing to Webshop Keurmerk no later than twelve months after the dispute has arisen.
    It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

 

Article 17 - Disputes

    Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
    The Vienna Sales Convention does not apply.

 

Article 18 –Guarantee by this branch of industry

1.     Webshop Keurmerk guarantees that its members follow the binding advice of    the Disputes Committee Webshop unless the member decides to send the binding opinion for review to the Court within two months. This guarantee        revives if after review by the Court the binding opinion has been          confirmed and the judgement has become final. Webshop Keurmerk will pay          this amount to the Consumer up to €10,000 per binding opinion. € 10,000          will be paid if the amount exceeds €10,000 per binding advice. As to the         remaining amount, Webshop Keurmerk has an obligation to try to ensure          that members comply with the binding advice.

2.     For the application of this guarantee, it is required that the Consumer submit     a written appeal to Webshop Keurmerk and that he assign the claim against the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against   the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the         claim on for the excess amount to Stichting Webshop Keurmerk, after which     this organisation, in its own name and at its own expense, shall try to get          payment and fulfilment of these rights to compensate the Consumer.

 

Article 19 - Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

Article 20 – Amendments to the General Terms and Conditions of

                      Stichting Webshop Keurmerk

1.     These General Terms and Conditions will not be changed other than in     consultation with the Consumentenbond(Consumers’ Association).

2.     Amendments to these Terms and Conditions are valid only after being     published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall         prevail during the validity of an offer.

Article 21 - Emails to the customer

1. The customer receives an email from Kiyoh 2 days after placing an order to assess our services. The customer can choose whether or not to fill in a review.

2. The customer receives an email 7 days after placing an order to assess products that have been purchased. This helps the customer to inform other customers about products. The customer can choose whether or not to fill in a review.

3. The customer will receive an email with discount code for a next order 30 days after placing an order.

4. The customer will receive a reminder email with a discount code for a possible next order 3 months after the last order.

5. Provided the customer has registered for the newsletter, the customer receives a newsletter once a month.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam.

Hoogeveen, October 2018