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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following terms are defined:
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
- Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in if he wishes to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded in the context of an organised system for distance selling of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the contract;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name of the entrepreneur: | Nataschja Plusjé |
Registered address: | Tussen de Bruggen 53, 6231CB Meerssen |
Pick-up address: | Tussen de Bruggen 53, 6231CB Meerssen |
Phone number: | +31-(0)6-41813386, available on working days between 8.30 - 17.00. |
Email: | info@aroma-essentials.eu |
Chamber of Commerce number: | 14090206 |
VAT identification number: | NL001836861B34 |
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement and orders between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent to the consumer free of charge as soon as possible upon request.
- If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement 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 it on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
- In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.
- Additional general terms and conditions apply to workshops and training sessions (https://allesvoorjeolie.nl/algemene-voorwaarden-workshop-training)
- If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that approximates the purport of the original as much as possible in mutual consultation.
- Situations that are not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or termination of the agreement.
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are connected to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the remote communication technology are calculated on a basis other than the regular base rate for the used communication medium;
- whether or not the agreement will be archived after its conclusion, and if so, how the consumer can access it;
- the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement, before the conclusion of the agreement;
- the possible other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a continuous transaction.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.
- 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 can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
- The entrepreneur can, within the limits of the law, determine whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reason, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution, with reasons.
- The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:
- a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
- b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- c. information about guarantees and existing after-sales service;
- d. the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the distance agreement;
- e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a continuing performance agreement, the provision in the previous paragraph shall only apply to the first delivery.
- Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
In the case of product delivery:
- When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This cooling-off period starts on the day after the consumer or a designated representative, who is known to the entrepreneur in advance, has received the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories provided and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification by means of the model withdrawal form. After the consumer has notified the entrepreneur of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example by means of proof of dispatch.
- If the customer has not notified the entrepreneur of his intention to exercise his right of withdrawal within the periods mentioned in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is final.
In the case of service delivery:
- When delivering services, the consumer has the option to terminate the agreement within a minimum of 14 days without giving any reasons, starting from the day the agreement is entered into.
- In order to exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises their right of withdrawal, the maximum cost of returning the goods shall be borne by the consumer.
- If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is conditional upon the product being received by the online retailer or conclusive evidence of complete return being provided.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
- The exclusion of the right of withdrawal is only possible for products:
- a. which are produced according to the consumer's specifications;
- b. which are clearly of a personal nature;
- c. which cannot be returned due to their nature;
- d. which can quickly spoil or age;
- e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- f. for loose newspapers and magazines;
- g. for audio and video recordings and computer software where the consumer has broken the seal;
- h. for hygienic products where the consumer has broken the seal.
- The exclusion of the right of withdrawal is only possible for services:
- a. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
- b. where the delivery has started with the consumer's explicit consent before the cooling-off period has expired;
- c. concerning betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous section, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices mentioned are indicative prices will be stated with the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- a. they are the result of legal regulations or provisions; or
- b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, 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 agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
- Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the instructions of the entrepreneur and/or treated on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has or will establish regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The address that the consumer has made known to the company is considered the place of delivery.
- Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Continuing performance contracts: duration, termination and extension
Termination
- The consumer can terminate an agreement concluded for an indefinite period of time and which aims to regularly deliver products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement concluded for a definite period of time and which aims to regularly deliver products (including electricity) or services at any time, at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
- The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time without being limited to termination at a specific time or during a specific period;
- terminate them in the same manner as they were entered into;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement concluded for a definite period of time and which aims to regularly deliver products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
- Notwithstanding the previous paragraph, an agreement concluded for a definite period of time and which aims to regularly deliver daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement concluded for a definite period of time and which aims to regularly deliver products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in case the agreement aims to regularly deliver daily, news, and weekly newspapers and magazines, but less than once a month.
- An agreement with a limited duration for regularly delivering trial or introductory subscriptions of daily, news, and weekly newspapers and magazines will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed duration ends.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
- The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of consumer default, the entrepreneur has the right to charge the reasonable costs communicated in advance to the consumer, subject to legal restrictions.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days 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 reply within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer should first contact the entrepreneur. If complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached through mediation, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of the disputes committee is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. {% endblock %}