Article 1- Definitions
The following definitions apply in these terms and conditions:
- Businessperson: the natural or legal person who offers distance products and/or services to consumers;
- Consumer: the natural person who does not act in the execution of a profession or company and enters into a distance contract with the businessperson;
- Distance contract: an agreement in the context of a system organized by the businessperson for distance selling of products and/or services where use is made exclusively of one or more means of distance communication until the conclusion of the agreement;
- Technology for distance communication: the means that can be used to conclude an agreement without the consumer and businessperson having to be in the same area simultaneously;
- Grace period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to annul the distance contract within the grace period;
- Day: calendar day;
- Transaction duration: a distance contract with regards to a range of products and/or services, where the supply and/or purchase obligation is spread over time;
- Durable data medium: any medium that enables the consumer or businessperson to store information directed at him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the business
BioAg Europe B.V.
www.health-solution.eu is a trade name of BioAg Europe b.v.
Location- & visitor’s address:
3846 BK Harderwijk
Accountnumber of BioAg Europe B.V. is:
IBAN: NL11TRIO 0197919804
BIC/Swift code: TRIONL2U
Telnr: :+31 (0)36 523 9690
Faxnr: :+31 (0)36 523 9691
Availability: monday - friday from 8:30 am to 17:00 pm
Article 3- Applicability
- These general terms and conditions are applicable to each offer from the businessperson and to any distance contract concluded between the businessperson and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is closed, that the general terms and conditions are at the businessperson and, at the request of the consumer, will be submitted as quickly as possible without any costs.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions is made available to the consumer electronically in such a way that the consumer can store it in a simple way on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is closed, where the general terms and conditions in electronic form can be taken note of and that, at the request of the consumer, it will be submitted electronically, or in another way, without any costs.
- In the event that, apart from these general terms and conditions, specific product or service conditions also apply, the second and third paragraph will apply and the consumer can, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to him.
Article 4 - The offer
- If an offer has, or is made under, certain conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the businessperson makes use of images, they have to be a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer are not binding to the businessperson.
- Each offer contains such information that makes it clear for the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
Article 5 - The agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance of the offer by the consumer and meeting the corresponding conditions.
- If the consumer has accepted the offer electronically, the businessperson will electronically acknowledge receipt of the acceptance of the offer immediately. Until receipt of this acceptance has not been confirmed, the consumer may annul the contract.
- If the agreement has been established electronically, the businessperson will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the businessman will take appropriate safety precautions.
- The businessperson can - within the judicial framework - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance contract. If the businessman, based on this research, is justified not to enter into the agreement, he is entitled to refuse an order or request, with the necessary motivation, or to attach special conditions to the execution thereof.
- The businessperson will submit the following information in writing together with the product or service, or in such a way that the consumer can store information in an accessible manner on a durable medium:
If the businessperson is obliged to provide a range of products or services, the provision in the preceding paragraph will apply only to the first delivery.
Article 6 - Right of withdrawal at delivery of products
- When purchasing products, the consumer has the possibility to terminate the agreement without giving any reason for 14 days. This period starts the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will carefully handle the product and packaging. He will only unpack or use the product as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the businessperson, according to the reasonable and clear instructions provided by the businessperson.
Article 7- Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs involved will not exceed the costs of the return shipping.
- If the consumer has paid an amount, the businessperson will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, it can only be excluded by the businessperson if the businessperson has clearly stated it in the offer, at least in time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Exclusion of the right of withdrawal is only possible for services:
Article 9 - The price
- The prices of the offered products and/or services will not increase during the period of validity mentioned in the offer, except for price changes resulting from changes in VAT rates.
- Notwithstanding the preceding paragraph, the businessperson can offer products or services with variable prices of which the prices are subject to fluctuations in the financial market and of which the businessman has no control over. This subjection to fluctuations and the fact that eventual mentioned prices are target prices are mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations.
- Price increases within 3 months after the conclusion of the agreement are only allowed if the businessperson has stipulated this and:
- The prices mentioned in the offer of the products or services include VAT.
Article 10 - Conformity and Guarantee
- The businessperson guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or utility and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement.
- An offered regulation offered as guarantee by the businessperson, manufacturer or importer does not affect the rights and claims that the consumer may assert against the businessperson under the law and/or the distance contract in respect of a breach in the obligations of the businessperson.
Article 11 - Delivery and execution
- The businessperson will take the utmost diligence into consideration in the receipt of and at the execution of orders of products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has supplied to the company.
- Subject to what is stated in Article 4 of these general terms and conditions, the company will expeditiously execute accepted orders, but no later than 2 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order is not or only partially carried out, the consumer will be notified of this as soon as possible. In this case, the consumer has the right to terminate the agreement without any additional costs.
- In case of dissolution in accordance with the preceding paragraph, the businessperson will reimburse the amount that the consumer has paid as soon as possible, but no later than 30 days after the termination.
- If delivery of an ordered product proves impossible, the businessperson will endeavour to provide a replacement article. It will be reported in a clear and comprehensible manner that a replacement article has been delivered at the latest when delivery takes place. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipment will be borne by the businessperson.
- The risk of damage and/or loss of products belong to the businessperson until the time of delivery to the consumer, unless otherwise explicitly agreed upon.
Article 12 – Payment
- Unless subsequently agreed upon, the consumer must pay the owed amounts immediately after concluding of the agreement; immediately after ordering.
- The consumer is obliged to report inaccuracies in the supplied or specified payment information to the businessperson immediately.
- In case of default payment by the consumer, the businessperson is subject to statutory limitations; the right to charge reasonable costs that were previously made known to the consumer.
Article 13 – Complaints procedure
- The businessperson has a sufficiently publicized complaints procedure and will deal with complaints in accordance with this procedure.
- Complaints about the execution of the agreement must be described promptly, fully and clearly and submitted to the businessman after the consumer has established the defects.
- Complaints submitted to the businessman will be replied to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, then the businessperson will respond with an acknowledgment within the 14 days period together with an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the settlement of disputes.