Terms of delivery
Article 1: Identity of the Parties
In these terms and conditions, referred to here as "General Terms and Conditions", the following terms have the following meanings:
Seller: Healthy B GmbH with registered office at Bahnhofstrasse 21 in Zug - Switzerland, being the user of these General Terms and Conditions;
Address: Bahnhofstrasse 21, 6300, ZUG, Switzerland
Email address: email@example.com
Telephone number: +31 6 51 290 026
Buyer: The other party of the Seller to an agreement as referred to in Article 3 of these Conditions;
Article 2: Applicability and validity of general terms and conditions
2.1 These General Terms and Conditions apply to any offer from the Seller, any order from the Buyer and any agreement concluded between the Seller and the Buyer.
2.2 Before the contract is concluded at distance, the text of these General Terms and Conditions will be made available to the Buyer in such a way that it can be easily stored by the Buyer on a durable medium.
2.3 The buyer is obliged to accept the General Terms and Conditions for the conclusion of the agreement, failing which no agreement will be concluded.
Article 3: Offers, orders and agreements Offers
3.1 All offers from the Seller are without obligation and can be revoked.
3.2 The term of all offers is: as long as stocks last or the term stated on the website. After the term of an offer has been exceeded, the offer expires by operation of law and the Buyer can no longer make use of the offer.
3.3 The website contains a description of the products offered that is as complete and accurate as possible. If and insofar as the Seller uses images, these will be as true as possible true representations of the products concerned. Uncertainties or obvious mistakes and / or errors in the descriptions and / or images do not bind the Seller and as such cannot be enforced.
3.4 The Seller can - within legal frameworks - inquire whether the Buyer can meet his / her payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the agreement.
3.5 In any case, the Seller will not accept orders if the Seller cannot determine the Buyer's residential address
3.6 If the Seller does not accept an order or if the Seller wishes to attach special conditions to the agreement, the Seller will notify the Buyer of this no later than 14 working days after receipt of the order. In that case, the seller is not obliged to pay any compensation.
3.7 Subject to the provisions of Article 3.5, the agreement is concluded when the Buyer places an order with the Seller on the basis of the Seller's offer and the Buyer meets the corresponding conditions.
3.8 The seller will confirm receipt of the order electronically. As long as the receipt of the order has not been confirmed, the Buyer can dissolve the agreement.
Article 4: Prices, shipping costs and payment
4.1 The prices stated in the online webshop for the goods offered are in Euros and include VAT, unless stated otherwise or agreed in writing.
4.2 All orders have shipping costs of € 3.95.
4.3 The buyer can pay for the ordered products using iDeal and credit card.
4.4 The seller is entitled to implement a change of government levies in the prices stated online. The seller is not bound by the prices stated online if they contain an obvious clerical error or mistake. In the event of a price adjustment on the aforementioned grounds, the Buyer is entitled to dissolve the agreement free of charge.
4.5 If the Buyer is in default with the payment of one or more order(s) already delivered to the Buyer, the Seller has the right to refuse new orders or to attach conditions to the order.
4.6 The Seller is entitled to charge the actual payment costs to the Buyer.
4.7 If the Buyer does not (fully and / or timely) fulfill his payment obligation(s), he is, after having been given written notice of default and given a period of 14 days to still fulfill his payment obligations, amount owed the statutory interest. The seller is then also entitled to charge the extrajudicial collection costs incurred by him.
Article 5: Delivery and risk
5.1 The Seller takes the greatest care when receiving orders and sending the ordered items.
5.2 The seller sends the accepted orders as soon as possible in order of arrival.
5.3 Delivery generally takes place within 3 working days after the order has been received.
5.4 In the event that the delivery is delayed, or if an accepted order cannot be delivered or only partially delivered, the Buyer will be notified of this no later than 14 days after placing the order. In that case, the buyer has the right to terminate the agreement without costs. In the event of dissolution, the Seller will, if the Buyer has already paid for the ordered products, refund the amount received as soon as possible, but no later than 2 weeks after dissolution.
5.5 The risk of damage and / or loss of products rests with the Seller until the moment of delivery to the Buyer, unless expressly agreed otherwise.
5.6 The delivery of the purchased products takes place at the address specified by the Buyer in the order. If the Buyer is not at home at the time of delivery, the Buyer can collect the product from neighbors or a DHL collection point in the area.
5.7 The Buyer is obliged to take delivery of the goods at the agreed place(s) at the time that the Seller delivers them or has them delivered to him / her, or at the time when they are made available to him / her in accordance with the agreement. If the Buyer remains in default in this respect, the resulting costs will be for his account, including the related shipping costs.
Article 6: Force majeure
6.1 Without prejudice to its other rights, in the event of force majeure, the Seller has the right, at its own discretion, to suspend the execution of the order, or to dissolve the agreement in writing without judicial intervention, without the Seller being obliged to pay any compensation unless this would be unacceptable under the circumstances of reasonableness and fairness. Among other things, force majeure occurs in the event of strikes, illness among the personnel, disruptions in transport and import / export bans, regardless of whether this occurs at the Seller or the suppliers of the Seller.
Article 7: Right of withdrawal upon delivery of products
7.1 The buyer has the right to dissolve the agreement without giving any reason during 14 calendar days from the day of receipt of the product. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
7.2 During the so-called reflection period (in article 7.1), the Buyer will handle the product with due care. Only unopened packaging can be returned.
7.3 If the Buyer wishes to exercise his / her right of withdrawal, the Buyer must announce the return by e-mail and return the product within the period stated in article 7.1. Revoked articles must be sent with care to the following address:
3645 BX Vinkeveen
7.4 The returned products must be unopened and the original labels and / or tags must not have been opened / removed. The Seller reserves the right to still charge the purchase price of the product if the returned products are not in order.
Article 8: Costs of right of withdrawal
8.1 If the Buyer exercises his right of withdrawal, the costs of return shipment will be borne by the Buyer.
Article 9: Complaints
9.1 All shipments are insured by the Seller. If the Buyer observes damage to the packaging before opening the package with ordered products, the Buyer must immediately contact the Seller. If the Buyer has already opened the package at the time that the Buyer observes the damage, the Buyer must indicate this while being in contact with Seller.
9.2 The buyer has the obligation to check on delivery whether the products comply with the agreement. If this is not the case, the Buyer must notify the Seller of this in writing and with reasons as soon as possible and in any case within 14 calendar days after delivery of the product to the Buyer, at least after observation was reasonably possible.
9.3 If it is demonstrated that the products do not comply with the agreement, the Seller has the choice to replace the products in question by returning them with new products or to refund the invoice value.
Article 10: Warranty and liability
10.1 The seller guarantees that the products comply with the agreement and are suitable for the intended use, as well as that the products comply with existing statutory provisions and / or government regulations on the date of the conclusion of the agreement.
10.2 Notices regarding the quality, composition, application possibilities, properties and treatment of goods delivered by or on behalf of the Seller only apply as a guarantee if they have been confirmed expressly and in writing by the Seller in the form of a guarantee.
10.3 The liability of the Seller towards the Buyer with regard to late and / or improper performance is limited to the invoice value of the delivery concerned.
Article 11: Adjustment of agreements
11.1 Changes and additions to concluded agreements are only effective if they have been expressly agreed in writing between the Seller and the Buyer.
Article 12: Disputes and applicable law
12.1 All disputes relating to an agreement or the performance of an agreement between the Buyer and the Seller, which cannot be resolved by mutual agreement between the parties, can be submitted to the competent court in the jurisdiction in which the Buyer resides.
12.2 The agreements and disputes arising therefrom between the Buyer and the Seller are governed by Dutch law.