GENERAL TERMS AND CONDITIONS
Article – 1 Definitions
The following definitions apply in these general terms and conditions:
Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the Trader;
Day: calendar day;
Working day: Monday till Friday, except national public holidays;
Durable medium: every means that enables the Consumer or Trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the Consumer to waive the distance contract within the withdrawal period;
Trader: the natural person or legal person who offers products and/or services (on distance) to Consumers;
Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the Trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
Article 2 – Identity of the Trader
Cosmo Vita Products BV .
Trading as: Cosmo Vita and Elèna Didi
Accessibility: During office hours (9.00 – 17.00)
Chamber of Commerce number: 59709294
VAT number: NL 8536 13 412 B01
Article 3 – Applicability
3.1 These general terms and conditions apply to every offer made by the Trader and to every distance contract that is realised between the Trader and the Consumer.
3.2 Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the Consumer.
3.3 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the Consumer will be provided with the text of these general terms and conditions electronically, in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the Trader will indicate where the general terms and conditions can be inspected electronically.
3.4 In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the Consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
Article 4 – The offer
4.1 If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
4.2 The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Trader makes use of illustrations, these will be, except colour differences, a true representation of the products and/or services being offered. The Trader is not bound by obvious errors or mistakes in the offer.
4.3 Every offer will contain such information that makes it clear to the Consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the contract;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff;
- if a contract is filed after its conclusion, the way in which this can be accessed by the Consumer;
- the way in which the Consumer can obtain information about actions he does not wish to undertake before concluding a contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
Article 5 – The contract
5.1 The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the Consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
5.3 If the contract is concluded electronically, the Trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the Consumer is able to pay electronically, the Trader will take suitable security measures.
5.4 The Trader may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the Trader proper grounds for declining to conclude the contract, then the Trader has a right, supported by reasons, to reject an order or to bind its implementation to special conditions.
5.5 Together with the product, the Trader will send to the Consumer the following information, in writing / electronically or mention this information in these general term and conditions or on the website:
- the email address of the Trader where the Consumer can lodge complaints
- a clear statement that right of withdrawal is not applicable
- information on existing after-sales service and guarantees.
Article 6 – Right of withdrawal and dissolution of the contract at delivery
6.1 The Consumer has no legal right of withdrawal because the products are classified as “perishable goods”.
6.2 Only in the case that the products from Trader are provable damaged upon receipt, the Consumer has the right to dissolve the contract. If the Consumer make use of the right to dissolve the contract, the Consumer will return the products and delivered attachments to the Trader and if reasonable possible in the original condition and in the original package, following the reasonable and clear instructions from Trader.
Article 7 – Costs involved in case of dissolution of the contract
7.1 If the Consumer uses his right to dissolve the contract, the Trader will bear the following costs:
- the cost of return (in this case the shipping cost);
- the amount the Consumer has paid for the product.
Article 8 – Price
8.1 During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs.
8.2 The Trader is at all times authorized to increase the prices of the products.
8.3 Prices stated in offers of products include VAT.
Article 9 – Conformity and Guarantee
9.1 The Trader guarantees that the products fulfil the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
9.2 A guarantee arrangement offered by the Trader does not affect the rights and claims that a Consumer can enforce against the Trader on the grounds of the law and/or the distance contract.
Article 10 – Supply and implementation
10.1 The Trader will take the greatest possible care when receiving and implementing orders for products.
10.2 The place of delivery is deemed to be the address that the Consumer makes known to the Trader.
10.3 Taking into consideration that which is stated in article 4 of these general terms and conditions, the Trader will implement accepted orders with efficient expedition normally within 1 Working day though at the latest within 3 Working days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Consumer will be informed about this. Only in case of unreasonable long delay or no delivery caused by the Trader, the Consumer has the right to dissolve the contract.
10.4 In the case of dissolution, the Trader will refund the Consumer the amount paid in accordance with article 7.1.
10.5 The risk of damage and/or loss of products rests upon the Trader up to the moment of delivery to the Consumer or to a pre-designated and the Trader announced representative, unless this has explicitly been agreed otherwise.
Article 11- Payment
11.1 Unless agreed otherwise, Consumer has to pay the obliged amount before Trader will deliver the products.
11.2 Consumer is obliged to transmit correct payment data and will immediately report the Trader if there is something wrong with these payment data.
11.3 In case of failure of payment by the Consumer, the Trader has the right, subject to statutory limitations, to charge reasonable costs. These costs will be made known to the Consumer in advance.
Article 12 – Liability
12.1 The Trader will fulfil its obligations under the contract to the best knowledge and ability. The Trader is not liable for the failure to achieve any results, unless this is expressly agreed in the contract.
12.2 The Trader accept liability for direct damages regarding its products. The Trader will compensate the Consumer the proven actual damage to an amount of maximum Euro 2.500,- per event, unless this amount is in a certain case unreasonable.
12.3 Direct damage is limited to:
- all reasonable costs to determine the cause and the volume of the damage;
- all reasonable costs incurred to prevent or to mitigate the damage, insofar the Consumer demonstrates that these costs have led to limiting the damage;
- damage which is the direct result of acts or omissions of the Trader, or damage which is from a legal point of view belongs to the risk of the Trader;
12.4 The Trader is never liable for indirect damage, including consequential damages, lost profits and lost savings.
Article 13 – Force Majeure
13.1 Neither party is obligated to fulfil any obligation if they are prevented from doing so as a result of circumstances, which can be considered beyond their fault, and for which a party cannot be held accountable for by law or by generally accepted practices.
13.2 Force Majeure is defined in these general terms and conditions, in addition to which has been laid down in law and jurisprudence, as all external causes, foreseen or unforeseen, which the Trader has no influence on, making the Trader unable to meet its obligations.
13.3 The delivery of the products will be suspended with the same period as the Trader is unable to meet its obligations due to force majeure.
13.4 In a case of force majeure the Trader will, if necessary with sufficient evidence, communicate in writing with the Consumer.
13.5 If the execution of the contract, due to force majeure, is entirely or almost entirely impossible for 2 weeks, the Consumer can terminate the contract. Such termination does not require any notice and the Trader and the Consumer are not obliged to pay any form of damage compensation. The costs incurred by the Consumer will be returned by the Trader.
Article 14 – Complaints procedure
14.1 The Trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
14.2 Complaints about exercising the contract must be submitted to the Trader without delay and entirety and clearly explained, after the Consumer has discovered the defects. This submission will take place via an electronic complaint form issued by the Trader (see website from the Trader).
14.3 A reply to complaints submitted to the Trader, taken into account article 14.2 by the Consumer, will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the Trader will reply within 14 days, confirming receipt and indicating when the Consumer can expect a more elaborate reply.
14.4 If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.
Article 15 – Intellectual Property Rights
All intellectual property rights regarding the content (such as pictures, logo’s etc.) of the website reside with the Trader. The Consumer is prohibited to multiply and/or make public this content for commercial purposes without prior consent of the Trader.
Article 16 – Law and disputes
16.1 Parties will endeavour to the utmost to settle a dispute amicably.
16.2 Contracts between the Trader and the Consumer, to which these general terms and conditions apply, will be governed by only Dutch law.
16.3 Disputes between the Consumer and the Trader about the conclusion of the contract or implementation of the contract related to the supply of products, will be submitted to the competent court in Amsterdam.
Article 17 – Additional or different terms
Between the Consumer and the Trader agreed additional terms and/or terms which differs from the these general terms and conditions, will be laid down in writing or electronically.