Article 1: General
1.1 These terms and conditions apply to all offers, quotations and agreements of Healthy-Darmflora BV (Chamber of Commerce number 78182689 and established in Hillegom at Hyacinthenlaan 2u), hereinafter referred to as “User”, and a Counterparty.
1.2 In these terms and conditions, “Other Party” means any legal or natural person who has concluded or wishes to conclude an agreement with the User.
1.3 The provisions of these terms and conditions can only be deviated from in writing, in which case the provisions, which have not been deviated from, will remain in full force and effect.
1.4 In the event that one or more of the provisions in these terms and conditions should prove to be voidable or invalid, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision(s) will be replaced or supplemented by a provision, which approximates the scope and content of the original as much as possible and which is valid.
1.5 The applicability of general terms and conditions of the Other Party are expressly excluded.
Article 2: Quotations and offers
2.1 All quotations, offers, product listing(s) on the website or in other communications from the User are without obligation. No rights can be derived from this, unless the contrary expressly arises from the quotation, offer or expression.
2.2 Offers or quotations can never be interpreted or interpreted as advice. The User never enters into an advice or treatment agreement. The User does not wish to receive any other information from the Other Party, other than that which is strictly necessary for the conclusion of the purchase agreement and the delivery of products. User will either return unsolicited information or destroy it unread and without screening or investigation.
2.3 The User cannot be held to its quotations or offers if the Other Party could reasonably have understood that the quotations or offers, or a part thereof, contain an obvious mistake or error.
2.4 The prices stated in a quotation or offer are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
Offers or quotations do not automatically apply to future orders.
Article 3: Conclusion of the agreement (at a distance)
3.1 A regular agreement is concluded by the acceptance by the Other Party of a quotation or offer from the User within the specified period.
3.2 The Other Party is deemed to have chosen the place of residence, also for the delivery, at the address that the Other Party has made known to the User. If a company is registered at that address, of which the Other Party is the (co-)owner, director/de facto manager or where he/she is an employee or acts on his/her behalf or as a representative, then it is presumed – barring proof to the contrary – that it is a business purchase and not a consumer purchase.
3.3 A distance purchase agreement (via the website or the webshop) is concluded by completing the order menu in the relevant medium (website, webApp, mobile App, etc.) of the User and the subsequent receipt by the User of the order. The User is not liable for non-receipt of the order due to defects or delays in the internet connection of one of the parties.
3.4 The User is entitled to refuse orders or to attach further conditions to the delivery, if the User deems this appropriate. If an order is not accepted, the User will notify this within ten (10) working days of receipt of the order and the agreement, insofar as it has been concluded, will be dissolved.
3.5 A valid reason for the User to refuse or cancel the order is that the ordered item is not (fully) in stock and for that reason it cannot be delivered within the delivery period.
Article 4: Private Other Party
4.1 In the event of a distance contract, the Other Party, who acts as a natural person for purposes that fall outside of business or professional activities, has the option for 14 days after receipt of the goods by the Other Party (or the authorized recipient). the agreement
without stating reasons in writing according to the form made available by the User for this purpose.
4.2 The right of withdrawal does not apply to goods that:
- have a limited shelf life, which in any case includes all goods that are delivered to the User in frozen condition and sealed;
- due to hygiene or health risks cannot be reused after opening the packaging and are therefore delivered sealed;
In all cases where the seal has been broken and/or the delivered product has thawed, it cannot be revoked.
4.3 The Other Party must then return the unused and in new condition to the User in accordance with the User’s instructions within 14 days thereafter.
4.4 The costs associated with the return are for the account of the Other Party.
Pending the cooling-off period, the Other Party must handle the delivered goods and the packaging with care.
4.5 The burden of proof of timely invocation and timely return of the goods in original/new condition rests on the Other Party in the event of a dispute by the User.
4.6 If the Other Party has paid (part of) the purchase amount, the User will refund the amount paid no later than 14 days after cancellation, provided that the goods have been received back by the User.
Article 5: Payment
5.1 Payment is made in advance by transfer to the User’s bank account, via iDeal, credit card, Paypal, etc., unless otherwise indicated or agreed in writing by the User.
Article 6: Delivery
6.1 The User will take the greatest possible care when receiving and delivering goods and ensure that the legal guarantee is met that the delivered goods comply with the agreement.
6.2 Delivery takes place, if in stock, within 14 days after the conclusion of the agreement or as sooner as possible. The Other Party cannot derive any rights from the delivery times. Exceeding a term does not entitle the Other Party to compensation.
6.3 In the case of products that fall under the categories covered in Article 4.2, the Other Party will be notified of the time of shipment and – as much as possible – of the date and time (or time span) of delivery. The goods must be received within 24 hours of shipment. If delivery is not possible due to circumstances attributable to the Other Party, the User is not responsible for this or for the resulting unusability of the delivered products.
Article 7: Warranties
7.1 The User guarantees that the products and/or services comply with the agreement, the specifications stated in the offer and the reasonable requirements of reliability and/or usability.
7.2 The guarantee does not apply if i) the consumer has prepared and/or processed the delivered products himself (or by third parties) and if ii) the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or if they conflict with the instructions. of the User and/or are stated on the packaging.
7.3 Given their natural composition, no guarantee is given on the (nature, application, functioning of) the goods delivered by the User to the Other Party.
7.4 By purchasing any product from the User, the Other Party declares to use the product entirely at its own expense and risk. The Other Party will only use the purchased product for itself and will not make it available to third parties, and will also keep it out of reach of minors.
7.5 Dissatisfaction with the (lack of or degree of) functioning of the items purchased from the User is not a reason for revocation or dissolution of the purchase agreement.
7.6 Deviation from the use/administration method supplied by the User or any other injudicious or deviating use is entirely at the expense and risk of the Other Party. The Other Party remains liable at all times for everything that is in any way related to his or her health situation in relation to the purchased goods and will consult a doctor in case of doubt.
7.7. The Other Party has the obligation to examine upon delivery whether the goods comply with the agreement. If, according to the Other Party, this is not the case, the User must in any case be notified of this in writing within 7 working days after delivery, at least after observation was reasonably possible.
7.8 The User will handle the complaint internally within 14 days of receipt of the complaint/complaint.
7.9 Timely complaint does not suspend the payment obligation. In that case, the Other Party remains obliged to purchase and pay for other items ordered.
7.10 If it is established that a complaint/complaint is unfounded, the (investigation) costs incurred by the User as a result will be borne in full by the Other Party.
Article 8: Liability
8.1 User is not responsible or liable for:
– (the consequences of) deviant use, the (lack or adverse) effect or side effects/side effects;
– the ultimate suitability of the products for the individual application intended by the Other Party, nor for any advice regarding the use or application of the goods;
– damage, of whatever nature, caused by the fact that the User relied on incorrect and/or incomplete data and/or instructions provided by or on behalf of the Other Party;
– damage resulting from defective or late delivery of the goods to the Other Party and/or from the suppliers to the User;
– force majeure as described elsewhere in these terms and conditions.
8.2 Insofar as the User is liable, this is limited to direct damage only, which means:
– the reasonable costs to determine the cause and extent of the (direct) damage;
– the reasonable costs incurred to have the defective performance of the User comply with the agreement, insofar as these can be attributed to the User;
– the reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage.
8.3 User is never liable for indirect damage, including but not limited to consequential damage (in the broadest sense of the word), lost profit or income, missed savings and damage due to business or other stagnation. In the case of consumer purchases, this limitation does not extend beyond that permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.
8.4 If the User should be liable for any damage, the User’s liability is limited to a maximum of the purchase price of the good that is the cause of the damage.
Article 9: Force majeure
9.1 The User is not obliged to fulfill any obligation towards the Other Party if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account by virtue of the law, a legal act or generally accepted standards. comes.
9.2 Force majeure, in addition to what is understood in the law and jurisprudence, includes all external causes that are independent of the will of the parties, foreseen or unforeseen, which the User cannot influence, but which prevent the User from being able to to (further) comply with obligations, including, but not limited to, strikes, excessive absenteeism of staff or auxiliary persons of the User, transport difficulties, fire, government measures, including in any case import, export and delivery bans, quotas and business disruptions at our or with our suppliers, political issues leading to supply stagnation, as well as default by our suppliers.
9.3 User has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after User should have fulfilled his obligation.
9.4 User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
9.5 If, at the time of the occurrence of force majeure, the User has already partially fulfilled his obligations under the agreement or will still be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, the User is entitled to fulfill the already fulfilled or to fulfill the obligations. part to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.
Article 10: Limitation period
10.1 Contrary to the statutory limitation periods, the limitation period for all claims and defenses of the Other Party against the User and the third parties involved in the execution of an agreement is one year. If the Other Party does not bring it before a court within 1 year after it could reasonably have been aware of its existence, the right of action is time-barred and the authority to do so lapses.
10.2 The foregoing does not apply to legal claims and defenses based on the assertion that the delivered good(s) do not comply with the agreement. Such claims and defenses lapse mutatis mutandis two years after the Other Party has notified the User of such non-conformity.
Article 11: Indemnification
11.1 The Other Party indemnifies the User against claims from third parties who suffer damage in connection with the execution of the agreement and/or the use of the delivered goods and the cause of which is attributable to others than the User.
11.2 If the User should be addressed by third parties for this reason, the Other Party is obliged to assist the User both in and out of court and to immediately do everything that may be expected of him in that case.
11.3 If the Other Party fails to take adequate measures, the User is entitled to do so itself, without notice of default. All costs and damage that arise as a result on the part of the User and third parties, are fully for the account and risk of the Other Party.
Article 12: Applicable law and disputes
12.1 All legal relationships concluded between the Other Party and the User are governed by Dutch law, even if an obligation is wholly or partly performed abroad and/or if the party involved in the legal relationship is domiciled and/or are (statutory ) has a seat. 12.2 The applicability of the Vienna Sales Convention is excluded.
12.3 The Amsterdam court has exclusive jurisdiction to hear all disputes arising from agreements or legal relationships concluded between the User and the Other Party. In order to avoid unnecessary legal costs, the parties will, where appropriate, make every effort to settle a dispute that has arisen out of court in mutual consultation.