Terms and Conditions
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 reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion right of withdrawal Article 11 - The price
Article 12 - Compliance and extra guarantee Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, cancellation and extension Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Changes to the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions:
- Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between those third party and the entrepreneur;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
- Day : calendar day;
- Digital content : data produced and delivered in digital form;
- Duration contract : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal : the option of the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur : the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
- Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions;
- Technique for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;
Article 2 – Identity of the entrepreneur
Entrepreneur name: Hypnotic store bv trading under the name Bella Fit - Tjalk 32 - 2411NZ Bodegraven
Email address: Info@bellafit.nl
Chamber of Commerce number; 76894851
VAT identification number; NL860829704B01
If the entrepreneur's activity is subject to a relevant licensing system: the information about the supervisory authority;
If the entrepreneur exercises a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the entrepreneur
- 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 entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be provided free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly 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 true representation of the offered products, services and / or digital. Obvious mistakes or 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
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures
- Within legal frameworks, the entrepreneur can inform himself 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 distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to impose special conditions on the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
- if the consumer has a right of withdrawal, the model form
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons.
- The cooling-off period referred to in paragraph 1 commences on 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 has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, place an order for several 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, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a material carrier:
- The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not to state his reason(s).
- The cooling-off period referred to in paragraph 3 commences on the day following the closing of the
Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point 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 that is the result of a way of handling the product that goes beyond what is permitted in paragraph
- The consumer is not liable for a reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of 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 shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
- If the consumer revokes after first expressly requesting that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer owes the entrepreneur a amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the
- The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to read this statement from the consumer
- If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law
Article 9 – Obligations of the entrepreneur upon withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a notification after receipt of this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer has given him the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait with refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
- Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he hereby exercises his right of withdrawal
Article 11 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices, are included in the offer
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase
- The prices stated in the range of products or services are inclusive
Article 12 – Compliance with the agreement and additional guarantee
- The entrepreneur 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 existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the contract.
- An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract.
Article 13 – Delivery and performance
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the granting of
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly stated otherwise.
Article 14 – Duration transactions: duration, cancellation and renewal
- The consumer can at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services.
terminate with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than An
- The consumer can use the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has for himself
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
- Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against may terminate the extension with a notice period of no more than one
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is 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.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or
- 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 term.
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 after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in payment details provided or stated
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay of payment within this 14-day term, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. The entrepreneur can deviate from the stated amounts and in favor of the consumer
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can receive a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk ( http://keurmerk.info/Home/MisgebruikOfKlach ). The complaint will then be sent to both the concerning entrepreneur as well as to Stichting Webshop Keurmerk
- If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee. , PO Box 90600, 2509 LP in The Hague ( sgc.nl ).
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- The dispute must be submitted to the Disputes Committee in writing no later than twelve months after the dispute has arisen
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request made by the entrepreneur whether he wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent
- The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee ( http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop ). The decisions of the Disputes Committee are binding
- The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted suspension of payments, has gone bankrupt or has actually terminated his business activities before the committee has dealt with a dispute at the hearing and issued a final decision. is
- If, in addition to the Webshop Disputes Committee, another disputes committee recognized or affiliated with the Stichting Disputes Committees for Consumer Affairs (SGC) or the Complaints Institute for Financial Services (Kifid) has jurisdiction, the Disputes Committee Stichting Webshop Keurmerk will preferably have jurisdiction for disputes mainly concerning the method of distance selling or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Industry guarantee
- Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Stichting Webshop Keurmerk Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the excess, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member receives the binding advice
- Application of this guarantee requires that the consumer makes a written appeal to Stichting WebshopKeurmerk and that he transfers his claim against the entrepreneur to Stichting WebshopKeurmerk.
Webshop Trustmark. If the claim against the entrepreneur exceeds € 10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of € 10,000 to Stichting Webshop Keurmerk, after which this organization will make the payment in its own name and at its own expense. will request this in court in order to satisfy the consumer.
Article 19 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 – Changes to the general terms and conditions of Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk will not change these general terms and conditions without consulting the Consumers' Association.
- Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will apply.