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 - Obligations of the consumer during the cooling-off period Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the entrepreneur in case of withdrawal Article 10 - Exclusion of right of withdrawal Article 11 - The price Article 12 - Performance and additional guarantee Article 13 - Delivery and execution Article 14 - Duration transactions: duration, termination and renewal Article 15 - Payment Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee Article 19 - Additional or different provisions Article 20 - Modification of the General Terms and Conditions
Article 1 - Definitions In these terms and conditions, the following definitions shall apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Bye: calendar day;
Digital content: data produced and delivered in digital form;
Lease agreement: a contract for the regular supply of goods, services and/or digital content during a specified period;
Durable data medium: any device - including e-mail - which enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
Remote agreement: an agreement concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, which, up to and including the conclusion of the agreement, makes exclusive or joint use of one or more means of distance communication;
Model withdrawal form: the European withdrawal form set out in Annex I to these terms and conditions; Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur Name of entrepreneur: Sunshine Tang B.V. Store & visiting address: Baden Powellstraat 26, 5212 BW 's-Hertogenbosch, Netherlands Phone number: [phone number] E-mail address: [email address] Chamber of Commerce number: 54781000 Btw-identificatienummer: NL851437990B01 Website: https://www.darmendetox.nl
Here is the continuation of the updated Terms and Conditions:
Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, before the distance contract is concluded, the trader will indicate in what way the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
Article 4 - The offer If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - investigate 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 remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the trader's establishment to which the consumer can address complaints;
the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal By products: The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer ordered several products in one order: the day on which the consumer, or a third party indicated by the consumer, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
for contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.
In the case of services and digital content not provided on a tangible medium: The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal: If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Here is the continuation and finalisation of the amended Terms and Conditions:
Article 7 - Obligations of the consumer during the cooling-off period 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 establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product, unless the entrepreneur indicates to bear these costs himself.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity should begin during the withdrawal period, the consumer shall owe the trader an amount proportionate to that part of the commitment fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the commitment.
Article 9 - Obligations of the entrepreneur in case of withdrawal If the trader enables the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay after receiving this notification.
The operator reimburses all payments made by the consumer, including any delivery costs charged by the operator for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, the trader will use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
Article 10 - Exclusion of right of withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, but only if he clearly stated this when making the offer, or at least in good time before concluding the contract:
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature irrevocably mixed with other products;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 11 - 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.
Article 12 - Performance and additional guarantee The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer and the reasonable requirements of soundness and usability.
Article 13 - Delivery and execution The entrepreneur will take the greatest possible care when receiving and executing orders for products.
Article 14 - Duration transactions: duration, termination and renewal The consumer may terminate an agreement entered into for an indefinite period of time that involves the regular delivery of products or services at any time.
Article 15 - Payment Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period.
Article 16 - Complaints procedure The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Article 17 - Disputes Contracts between the entrepreneur and the consumer are exclusively governed by Dutch law.
Article 18 - Industry guarantee In case of a dispute, the consumer may refer to the competent dispute committee.
Article 19 - Additional or different provisions Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing.
Article 20 - Modification of the General Terms and Conditions The entrepreneur reserves the right to change these general terms and conditions. Changes will be published in a timely manner.
