- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Time to think: the time limit within which the consumer may benefit from his right of withdrawal;
- ‘Consumer’ means the natural person who does not act for purposes relating to his commercial, business, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement: an agreement which covers the regular delivery of business, services and/or digital content for a certain period of time;
- Durable data medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation or use over a period Adapted to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility of the consumer to opt out of the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of the Dutch Home shopping organization and products, (access to) digital content and/or remote services to consumers;
- ‘Distance contract’ means an agreement concluded between the entrepreneur and the consumer under an organised system for distance selling of products, digital content and/or services, whereby, until the conclusion of the contract, one or more distance communication techniques are used exclusively or more;
- Model form for withdrawal: the European model form for withdrawal set out in Annex I to these conditions. Annex I need not be made available if the consumer does not have the right to withdraw from his order.
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to come together in the same room simultaneously;
Article 2-Identity of the trader
BioAg Europe e.g.
www.health-solution.eu is a trade name of BioAg Europe e.g.
Location & visiting address:
3846 BK Harderwijk
BioAg Europe account number is:
IBAN: NL11TRIO 0197919804
BIC/Swift code: TRIONL2U
KvK number: 59872829
VAT number: NL85.36.76.094.B01
Phone number: :+31 (0)36 523 9690
Fax number: :+31 (0)36 523 9691
Accessibility: Monday to Friday from 8:30 a.m. to 5:00 p.m.
Email address: firstname.lastname@example.org
- These terms and conditions apply to each offer made by the entrepreneur and to any distance agreement between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are to be seen by the trader and they are sent at the request of the consumer 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 by electronic means In such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting terms and conditions, always The applicable provision which is most favourable to him.
Article 4-The Offer
- If an offer has one or is made subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
(k) the codes of conduct to which the entrepreneur has been subjected and the way in which the consumer may consult these codes of conduct by electronic means; And
Article 5-The Agreement
- The agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to safeguard the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
- The entrepreneur may inform himself, within legal frameworks, whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entering into of the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The trader will provide the consumer with the product or service with 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 medium:
Article 6 – Right of withdrawal in the case of delivery of products
- The consumer may dissolve an agreement with regard to the purchase of a product for a period of reflection of 30 days without giving Reasons. The entrepreneur may ask the consumer for the reason for revocation, but not to oblige him to return his reason (and).
- The cooling-off period referred to in paragraph 1 shall start 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:a. 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 that he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times.b. where the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;c. in the case of regular supply agreements for a given period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may dissolve a service contract and an agreement for the delivery of digital content that has not been delivered on a material carrier for 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for revocation, but not to oblige him to return his reason (and).
- The cooling-off period referred to in paragraph 3 shall apply on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not supplied on a tangible medium when not informing about right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period expires 12 months after the end of the original, in accordance with the preceding paragraphs Period laid down in this article.
- If the trader has provided the information referred to in the preceding paragraph to the consumer within 12 months of the commencement date of the initial reflection period, the reflection period shall expire 30 days from the day on which the consumer has Received.
Article 7 – Consumer obligations during cooling-off period
- During the reflection period, the consumer will carefully handle the product and the packaging. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.
- The consumer is only liable for depreciation of the product resulting from a way of dealing with the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation 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 contract.
Article 8 – Exercise of the consumer’s right of withdrawal and its costs
- If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model form for revocation or otherwise unequivocally to the entrepreneur.
- 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 (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period has expired.
- The consumer shall return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader
- The risk and the 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. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates the costs themselves bear, the consumer does not have to bear the costs for return.
- If the consumer recalls after first expressly requesting that the provision of the service or the supply of gas, water or electricity not ready for sale is made in a limited volume or quantity during the Reflection period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that the entrepreneur has fulfilled at the time of revocation, compared to the full fulfilment of the commitment.
- The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
(a) the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the case of withdrawal or the model form for withdrawal, or;
(b) the consumer has not expressly requested the commencement of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall bear no cost for the full or partial supply of digital content not delivered on a material medium, if:
(a) he did not expressly agree to the 10 of the contract before the end of the cooling-off period prior to its delivery;
(b) he has not acknowledged losing his right to withdraw when granting his consent; Or
(c) the trader has failed to confirm this statement from the consumer.
- If the consumer uses his right of withdrawal, all additional agreements shall be terminated by law.
Article 9-Obligations of the entrepreneur in the withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he sends an acknowledgement of receipt without delay after receipt of this notification.
- The entrepreneur reimbursements all payments from 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 notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement 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 repay the additional costs for the more expensive method.
Article 10 – Right of withdrawal
The entrepreneur may 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 contract:
- Products or services The price of which is subject to fluctuations in the financial market to which the trader has no influence and which may arise within the withdrawal period
- Agreements concluded during a public auction. A public auction means a selling method whereby 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 guidance of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
- Service agreements, after full implementation of the service, but only if:
(a) implementation has begun with express prior agreement of the consumer; And
(b) the consumer has stated that he will lose his right of withdrawal once the trader has fully executed the contract;
- Service contracts for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
- Agreements relating to leisure activities, if a specific date or period of implementation is provided for in the Agreement;
- Products manufactured according to consumer specifications, which are not prefabricated and 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 which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages The price of which is agreed upon when the contract is concluded, but the delivery of which can only take place after 30 days, the actual value of which depends on fluctuations in the market on which the trader does not influence;
- Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
- Newspapers, periodicals or magazines, except for subscriptions thereto;
- The delivery of digital content other than on a material medium, but only if:
(a) implementation has begun with express prior agreement of the consumer; And
b. the consumer has stated that he loses his right of withdrawal.
Article 12 – Fulfilment agreement and additional guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing ones on the date of the conclusion of the agreement legal provisions and/or government regulations. If agreed, the trader will also ensure 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 statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur is The fulfilment of its part of the agreement.
- Additional guarantee means any commitment of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in case he is The fulfilment of its part of the agreement.
Article 13-Delivery and implementation
- The entrepreneur will observe the utmost care when receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially completed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and to be entitled to any compensation.
- After dissolution in accordance with the preceding paragraph, the entrepreneur will reimburse the amount paid by the consumer without delay.
- The risk of damage and/or loss of products is vested in the entrepreneur until the moment of delivery to the consumer or a representative appointed and announced to the trader, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, denunciation and renewal
- The consumer may terminate an agreement which has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with the agreed termination rules and a notice period of not more than one month.
- The consumer may terminate a contract which has been entered into for a fixed period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated duration, taking into account that Agreed termination rules and a notice period not exceeding one month.
- The consumer may, at any time, cancel the agreements referred to in the preceding paragraphs and not be limited to termination at a certain time or during a given 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 negotiated for himself.
An agreement entered into for a fixed period of time which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
- By way of derogation from the preceding paragraph, a contract which has been concluded for a certain period and which extends to the regular delivery of day-news and weekly magazines and periodicals may be tacitly renewed for a period of up to three months, if the Consumer may terminate this extended agreement by the end of the renewal with a notice period of not more than one month.
- An agreement which has been concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of not more than One month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly magazines and periodicals.
- An agreement with limited duration to deliver regularly to the attention of day, news and weekly newspapers and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or Introductory period.
If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
- To the extent not otherwise specified in the Agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the Conclusion of the agreement. In the event of an agreement to provide a service, this period shall commence 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 a prepayment of more than 50% in general terms and conditions. If prepayment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service (ies) before the stipulated prepayment has been made.
- The consumer has a duty to notify the trader without delay of any inaccuracies in the payment information provided or stated.
- If the consumer does not meet his payment obligation (EN) in due time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has awarded the consumer a period of 14 days to fulfil his payment obligations, After the absence of payment within this 14-day period, the amount still owed will be payable by the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to up to: 15% over outstanding amounts up to €2,500, =; 10% over the subsequent €2,500, = and 5% over the next €5,000, = with a minimum of €40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16-Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and treats the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
- Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be made via a complaint form on the consumer page of the website of the Dutch Home Shop Organization www.thuiswinkel.org. The complaint is then sent to both the relevant entrepreneur and the Dutch Home Shop Organisation. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to the dispute settlement.
- Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
- Disputes between the consumer and the trader on the establishment or implementation of agreements relating to products and services supplied by this trader may, subject to the provisions of this Consumer as the entrepreneur are submitted to the Litigation board at Home store, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute is only dealt with by the disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be brought before the arbitration Board no later than 12 months after the date on which the consumer lodged the complaint with the trader, in writing or in another form to be determined by the Commission.
- If the consumer wishes to submit a dispute to the disputes committee, the trader is bound by this choice. preferably, The consumer first reports this to the Entrepreneur.
- If the trader wishes to submit a dispute to the arbitration board, the consumer shall, within five weeks of a request made by the entrepreneur in writing, have to make a written statement of whether he wishes to do so or to leave the dispute By the appropriate Court. If the trader does not accept the choice of the consumer within the Five-week period, the trader is entitled to submit the dispute to the competent court.
- The Disputes Committee shall make a ruling under the conditions laid down in the Rules of procedure of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by means of binding advice.
- The Disputes Committee will not deal with a dispute or stop the treatment, if the trader has been granted moratorium of payment, has become bankrupt or has actually terminated his business activities before a dispute was discussed by the Commission at the plenary session and a final ruling was Made.
- if, In addition to the Arbitration Board of the home shop, another accredited or responsible for the disputes Committee for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent, Disputes relating primarily to the method of distance selling or the provision of services the home Shop disputes Committee is preferably competent. For all other disputes, the other member of the Arbitration Board or KIFID.
Article 18-industry Guarantee
- The Dutch Home Shopping organization guarantees the fulfilment of the binding opinions of the Home Store Litigation Committee by its members, unless the member decides to review the binding opinion within two months of its dispatch to the court To Submit. This guarantee shall be revived if the binding opinion has been maintained by the judge after scrutiny and the judgment proving it has been in force. Up to a maximum amount of €10,000,-per binding opinion, This amount is paid to the consumer by the Dutch home shop Organisation. In the case of amounts greater than €10,000,-per binding opinion, €10,000 is Paid. For the superior, the Dutch Home shopping organisation has an obligation to ensure that the member meets the binding Opinion.
- The application of this guarantee requires the consumer to make a written appeal to the Dutch Home shopping organisation and to transfer his claim to the trader to the Dutch home shopping Organisation. If the claim on the trader exceeds €10,000,-, the consumer is offered his claim to the extent that it exceeds the amount of €10,000,-to transfer to the Dutch home shop organisation, after which the organisation is on its own name and costs, the payment of which will be paid in law to the satisfaction of the Consumer.
Article 19 – Additional or derogatory provisions
Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.
Article 20-modification of the general conditions of the home shop
- The Dutch Home Store organisation will not change these general terms and conditions than in consultation with the consumer Association.
- Changes to these terms and conditions are effective only after they have been published in an appropriate manner, on the understanding that, in the case of appropriate changes during the term of an offer, the provision for the consumer will be the most favourable Prevail.
Dutch Home Shop Organization
Horaplantsoen 20, 6717 LT Ede
Post box 7001, 6710 CB Ede.elost arises a dispute that is susceptible to the dispute settlement.
Annex I: Model form for withdrawal
Model form for withdrawal
(Fill this form and return it only when you want to revoke the agreement)
To: Health Solution.
For the correct return address, view the return information as included in your account on our Website.
Email: Via this form
I/We* share/inform* you that I/we*
the sale of the following products: *
the delivery of th[aanduiding product]e following digital content: *
the op[aanduiding digitale inhoud]eration of the following service:[aanduiding dienst] *,
Ordered on*/received [datum bestelling bij diensten of ontvangst bij producten][Naam consumenten(en)][Adres consument(en)][Handtekening consument(en)]on* (only when this form is submitted on paper)
* Strike through what doesn’t apply or fill in what applies.