General Terms and Conditions (for WebWinkelKeur members)
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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
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 definitions apply:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting 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, where the obligation to deliver and/or purchase is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future retrieval and unaltered reproduction of the stored information.
- Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can complete if they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more remote communication techniques;
- Remote communication technique: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Entrepreneur's name: Essential Oil Supplies Netherlands
Business address: Gudumholm 36, 2133 HH HOOFDDORP
Phone number: +31614811145
Email address: hallo@essentialoilsupplies.nl.
Chamber of Commerce number: 96970987
VAT identification number: NL867855654B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
- 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer's request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in effect, and the provision in question will be immediately replaced in mutual consultation by a provision that approaches the purport of the original as closely as possible.
- Situations not covered by these general terms and conditions must 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 should 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 without obligation. Essential Oil Supplies Netherlands 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 sufficiently detailed to enable a proper assessment of the offer by the consumer. If Essential Oil Supplies Netherlands uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Essential Oil Supplies Netherlands.
- All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a truthful representation of the products offered. Essential Oil Supplies Netherlands cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what actions are required for this;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which Essential Oil Supplies Netherlands guarantees the price;
- the amount of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
- the way in which the consumer, before concluding the agreement, can check the data provided by them within the framework of the agreement and, if desired, rectify it;
- any other languages in which the agreement can be concluded in addition to Dutch;
- the codes of conduct to which Essential Oil Supplies Netherlands has subjected itself and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of a duration transaction; and
- available sizes, colors, type of materials.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth therein.
- If the consumer has accepted the offer electronically, Essential Oil Supplies Netherlands will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Essential Oil Supplies Netherlands, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, Essential Oil Supplies Netherlands will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Essential Oil Supplies Netherlands will observe appropriate security measures.
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Essential Oil Supplies Netherlands can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If Essential Oil Supplies Netherlands has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
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Essential Oil Supplies Netherlands will send the following information with the product or service 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: a. the visiting address of the establishment of Essential Oil Supplies Netherlands where the consumer can go with complaints; b. 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; c. information about guarantees and existing after-sales service; d. the data included in Article 4 paragraph 3 of these terms and conditions, unless Essential Oil Supplies Netherlands has already provided this data to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Essential Oil Supplies Netherlands.
- During the cooling-off period, the consumer will handle the product and its 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 delivered accessories and – if reasonably possible – in its original condition and packaging to Essential Oil Supplies Netherlands, in accordance with the reasonable and clear instructions provided by Essential Oil Supplies Netherlands.
If the product is damaged or the packaging is more damaged than necessary to try the product, we may pass on this reduction in value to you. Therefore, handle the product with care and ensure it is well packaged upon return.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify Essential Oil Supplies Netherlands within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to Essential Oil Supplies Netherlands after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
For services: 5. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement. 6. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Essential Oil Supplies Netherlands 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, at most the costs of return will be borne by them.
- If the consumer has paid an amount, Essential Oil Supplies Netherlands will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
- In case of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
- The consumer cannot be held liable for any depreciation of the product if Essential Oil Supplies Netherlands has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
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Essential Oil Supplies Netherlands may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Essential Oil Supplies Netherlands has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products: a. that have been created by Essential Oil Supplies Netherlands according to the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which Essential Oil Supplies Netherlands has no influence; f. for single newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal; h. for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; b. the delivery of which began with the consumer's express 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 products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, Essential Oil Supplies Netherlands may offer products or services whose prices are subject to fluctuations in the financial market and over which Essential Oil Supplies Netherlands has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Essential Oil Supplies Netherlands has stipulated this and: a. these are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement with effect from 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 the event of printing and typesetting errors, Essential Oil Supplies Netherlands is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
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Essential Oil Supplies Netherlands 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, Essential Oil Supplies Netherlands also guarantees that the product is suitable for other than normal use.
- A warranty provided by Essential Oil Supplies Netherlands, the manufacturer or the importer does not affect the legal rights and claims that the consumer can assert against Essential Oil Supplies Netherlands on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to Essential Oil Supplies Netherlands in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
- The warranty period of Essential Oil Supplies Netherlands corresponds to the factory warranty period. Essential Oil Supplies Netherlands is however 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 circumstances or are otherwise handled carelessly or contrary to the instructions of Essential Oil Supplies Netherlands and/or on the packaging;
- The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
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Essential Oil Supplies Netherlands will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to Essential Oil Supplies Netherlands.
- With due observance of what is stated in paragraph 4 of this article, Essential Oil Supplies Netherlands 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 delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, Essential Oil Supplies Netherlands will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, Essential Oil Supplies Netherlands will endeavor to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of Essential Oil Supplies Netherlands.
- The risk of damage and/or loss of products rests with Essential Oil Supplies Netherlands until the moment of delivery to the consumer or a previously designated representative made known to Essential Oil Supplies Netherlands, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and extension
Termination
- The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by him;
- always with the same notice period as Essential Oil Supplies Netherlands has stipulated for itself.
Extension 4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period. 5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum 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. 6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration 8. 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
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 commences after the consumer has received confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in provided or stated payment details to Essential Oil Supplies Netherlands.
- In the event of non-payment by the consumer, Essential Oil Supplies Netherlands has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints procedure
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Essential Oil Supplies Netherlands has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to Essential Oil Supplies Netherlands within 2 months after the consumer has discovered the defects.
- Complaints submitted to Essential Oil Supplies Netherlands will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Essential Oil Supplies Netherlands 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 by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer should first turn to Essential Oil Supplies Netherlands. If the web store is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl). This will mediate free of charge. Check if this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding and both entrepreneur and 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.
- A complaint does not suspend the obligations of Essential Oil Supplies Netherlands, unless Essential Oil Supplies Netherlands indicates otherwise in writing.
- If a complaint is found to be justified by Essential Oil Supplies Netherlands, Essential Oil Supplies Netherlands will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- Agreements between Essential Oil Supplies Netherlands and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Upon request, we will gladly send a printed version of our General Terms and Conditions.