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General Terms and Conditions - E-naturals.nl
 
Contents:

Article 1 - Definitions
Article 2 - Identity of the Contractor
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and his expenses
Article 9 - Obligations of the contractor in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and Execution
Article 14 - Payment
Article 15 - Claim procedure
Article 16 - Disputes
Article 1 - Definitions

Définitions:
1. Complementary agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and those goods, digital content and / or services are provided by the contractor or by a third party on the basis of an appointment between this third party and the contractor;
2. Withdrawal period: the period during which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his commercial, commercial, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Fixed-term contract: an agreement extending to the regular delivery of goods, services and / or digital content for a certain period;
7. Sustainable data medium: each device - including e-mail - that allows the consumer or merchant to store information that is sent to them in person so that it can be accessed or used later for a period appropriate to the purpose for which the information is intended and which allows an unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products (access to) digital content and / or services to consumers remotely;
10. Distance contract: an agreement between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and / or services, until the exclusive conclusion of the contract or use one or more remote communication techniques;
11. Model withdrawal form: the model European withdrawal form set out in Annex I to these conditions;
12. Remote communication technology: means that can be used to reach an agreement without the consumer and the contractor having to be in the same room at the same time.

Article 2 - Identity of the Contractor
E-naturals
Noordzijde 295
1064 MG Amsterdam
020 755 56 43
info@e-naturals.nl
Chamber of Commerce Number: 62816357
VAT number: NL185379576B01

Article 3 - Applicability
1. These general conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the contractor before the conclusion of the distance contract, indicates how the general terms and conditions of the contractor can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer electronically so that the distance contract be concluded. Consumers can be easily stored on a durable medium. If reasonably possible, before the contract is concluded, has indicated that the terms and conditions may be inspected electronically and at the request of the consumer electronically or otherwise will be sent free of charge.
4. Where, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs, mutatis mutandis, and the consumer may not, in the event of contradictory conditions, always rely on the applicable determination that best suits him.

Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and precise description of the products, digital contents and / or services offered. The description is sufficiently detailed to allow a correct evaluation of the offer by the consumer. If the contractor uses images, they accurately reflect the proposed products, services and / or digital content. Obvious errors or errors in the offer do not bind the contractor.
3. Each offer contains information which clearly indicates to the consumer which rights and obligations are attached to the acceptance of the offer.
 
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the Contractor will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the contractor, the consumer may terminate the contract.
3. If the agreement is concluded electronically, the Contractor will take appropriate technical and organizational measures to ensure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the contractor will observe the appropriate security measures.
4. The entrepreneur may in the statutory frameworks - indicate whether the consumer can meet its payment obligations and all facts and factors important to the responsible conclusion of the distance contract. If the contractor based on this investigation has good reason not to conclude the agreement, he is entitled to refuse an order or a request, motivated or to set special conditions for execution.
5. At the latest on delivery of the product, service or digital content, the Contractor must send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
(a) the business address of the merchant's place of business where the consumer may go with complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. warranty information and existing service after purchase;
d. the price, inclusive of tax, of the product, service or digital content; as far as possible, delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the conditions to be fulfilled to terminate the contract if the agreement has a duration of more than one year or is of an indefinite duration;
f. if the consumer has a right of withdrawal, the standard withdrawal form.
6. In the case of an extended transaction, the provision of the preceding paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The merchant can ask the consumer the reason for the withdrawal, but not to oblige him to indicate his reasons.
1. The cooling off period referred to in paragraph 1 shall begin the day after the consumer, or a third party appointed in advance by the consumer, who is not the carrier, has received the product, or:
a) if the consumer has ordered several products in the same order: the day the consumer, or a third party designated by him, received the last product. The Contractor may, if he has informed the consumer clearly before the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several items or parts: the day on which the consumer, or a third party designated by him, has received the last item or the last item;
c. in contracts for regular delivery of products for a certain period: the day the consumer, or a third party designated by him, received the first product.
 Extended reflection period for products:
3. If the Contractor has not provided the consumer with the legally required information on the right of withdrawal or the standard withdrawal form, the withdrawal period shall expire twelve months after the end of the initial cooling-off period determined in accordance with the preceding paragraphs of this Article. this article.
4. If the trader has provided the consumer with the information referred to in the preceding paragraph within 12 months of the beginning of the initial reflection period, the cooling-off period shall end 14 days after the date on which the consumer received this information.

Article 7 - Obligations of the consumer during the reflection period
1. During the cooling off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer can only handle and inspect the product if he is authorized to do so in a shop.
2. The consumer is liable only for the reduction in value of the product resulting from a way of handling the product which goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for the reduction of value of the product if the entrepreneur has not provided any legal 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 his expenses
1. If the consumer exercises his right of withdrawal, he shall notify the Contractor within the withdrawal period by means of the model withdrawal form or in an unambiguous manner.
2. As soon as possible, but within 30 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or deliver it to (an authorized representative of) the contractor. This is not necessary if the contractor has offered to collect the product itself. In all cases, the consumer has respected the return period if he returns the product before the expiry of the withdrawal period.
3. The consumer must return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the contractor.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall rest with the consumer.
5. The consumer bears the direct costs of returning the product. If the contractor has not stated that the consumer has to bear these costs or if the contractor indicates that he or she bears the costs himself, the consumer does not have to bear the costs of the return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved automatically.

Article 9 - Obligations of the contractor in case of withdrawal
1. If the Contractor makes an electronic withdrawal notification by the consumer, he will send an acknowledgment of receipt immediately upon receipt of the notification.
2. The professional reimburses all payments to the consumer, including the delivery charges incurred by the operator will be charged for returned products, immediately, but within 14 days of the day the consumer informs him of the withdrawal. Unless the contractor proposes to collect the product itself, he may wait until the product is returned until he has received the product or until he demonstrates that he has returned the product. , whichever comes first.
3. The contractor uses the same payment method that the consumer used for the refund, unless the consumer accepts another method. The refund is free for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the contractor is not required to reimburse the additional costs associated with the more expensive method.
 
Article 10 - Exclusion of the right of withdrawal
The Contractor may exclude the following products and services from the right of withdrawal, but only if the Contractor has clearly indicated in the offer, at least for the conclusion of the agreement:
1. Products that quickly spoil or have a limited shelf life;
2. Sealed products which, for reasons of protection of health or hygiene, cannot be returned and whose seal has been broken after delivery;
Article 11 - The price
1. During the period mentioned in the offer, the prices of the products and / or services offered will not be increased, with the exception of price variations due to variations in VAT rates.
2. Unlike the preceding paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, at variable prices. This link with the fluctuations and the fact that the prices mentioned are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal provisions or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the contractor has stipulated this and:
(a) they are the result of regulations or legal provisions; or
b. the consumer has the power to terminate the contract from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
 
Article 12 - Compliance Agreement and Additional Guarantee
1. The Contractor warrants that the Products and / or Services are in accordance with the Contract, the specifications set out in the Offer, the reasonable requirements of strength and / or ease of use and the legal rights existing at the date of conclusion of the Contract. contract. governmental provisions and / or regulations. In case of agreement, the contractor also guarantees that the product is suitable for a use other than normal.
2. An additional warranty provided by the Contractor, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may impose on the Contractor under the Contract if the Contractor has not fulfilled its part of the contract.
3. Supplementary guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he assigns to the consumer certain rights or claims that go beyond the law if he has not fulfilled his part of the contract.

Article 13 - Delivery and Execution
1. The merchant will take the utmost care when receiving and executing product orders and when evaluating service requests.
2. The place of delivery is the address that the consumer has made known to the contractor.
3. In accordance with the provisions of Article 4 of these General Terms and Conditions, the Contractor will execute accepted orders promptly but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can or can only be partially executed, the consumer will be notified at the latest 30 days after placing the order. In this case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. After dissolution in accordance with the preceding paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of deterioration and / or loss of products is the responsibility of the Contractor until delivery to the consumer or a pre-designated representative and entrusted to the Contractor, unless explicitly agreed otherwise.

Article 14 - Payment
1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days of the opening date or in the absence of a cooling-off period within 14 days of the end of the contract. In the case of an agreement to provide a service, this period begins the day following receipt of the confirmation of the contract by the consumer.
2. When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in terms and conditions. If the advance payment is stipulated, the consumer can not assert any right regarding the execution of the order or service before the stipulated advance payment has taken place.
3. It is the consumer's responsibility to promptly report inaccuracies in the payment details provided or indicated to the Contractor.
4. If the consumer fails to fulfill his obligation to pay on time, after having been informed by the trader of late payment and the trader has given the consumer a period of 14 days to continue to fulfill his payment obligations, After payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the contractor has the right to charge extrajudicial collection costs incurred. These recovery costs amount to a maximum of: 15% on outstandings up to € 2,500. The entrepreneur may deviate from the amounts and percentages mentioned above for the benefit of the consumer.

Article 15 - Claim procedure
1. The Contractor has a well-known complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints regarding the execution of the agreement must be fully and clearly described to the contractor within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the Contractor will receive a response within 14 days from the date of receipt. If a claim requires a longer processing time, the contractor will respond within 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is likely to settle the dispute.
5. In the event of a complaint, a consumer must first contact the contractor. For complaints that cannot be resolved by mutual consultation, the consumer has the opportunity to have his complaint addressed by Stichting GeschilOnline (www.geschilonline.com), the decision is binding and the entrepreneur and the consumer agree with this declaration. The submission of a dispute to this litigation committee involves costs that the consumer must pay to the committee concerned. It is also possible to register complaints via the European platform of RLL (http://ec.europa.eu/odr).
6. A complaint does not suspend the Contractor's obligations, unless the Contractor specifies otherwise in writing.
7. If a complaint is found to be justified by the professional, the professional will replace or repair products at will or products delivered free of charge.

Article 16 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general conditions apply.
 
Annex I: Model withdrawal form
 
 
Model cancellation form
 
(only fill out this form and return it when you want to cancel the contract)
  
• Send to :
E-naturals.nl
Noordzijde 295
1064 MG Amsterdam
info@e-naturals.nl
  
I hereby inform you that I wish to cancel the agreement of sale concerning the following product [s] [product description] * or supply of the service: [description] *,
• Ordered or received on [order date or receipt]
• [Client name]

• [Customer's address]
 
• [Signature (only if sent by mail)
*Remove the useless phrase
   
Important! The above information and model is a formality and should be mentioned.
Send an e-mail to info@e-naturals.nl for any questions or to return shipments so that we can manage it easily.

Regards,
E-naturals
Eva Nouhet