General terms and conditions Afiba Naturals
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 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
Grace period: the period within which the consumer can make use of his right of withdrawal; Read all about grace period
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Entrepreneur’s identity
Afiba Naturals
Jan Tinbergenstraat 7
2811DZ Reeuwijk
Netherlands
E shop@afiba-naturals.com
KVK 78643805
VAT number
Afiba Naturals is a trade name of Sisa Afiba BV
Article 3 – Applicability
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will 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 conditions at the entrepreneur to see and they at the request of the consumer as soon as possible be sent free of charge.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products 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 reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true reflection of the products offered. Entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the cost of shipping, if any;
The manner in which the agreement will be established and what actions are necessary to do so;
Whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, rectify the data provided by him in connection with the agreement;
any other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a duration transaction.
Article 5 – The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – 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 remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the trader’s office where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service
the in article 4 paragraph 3 of these conditions included data, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of dispatch.
If the customer has not made known, after the expiry of the periods mentioned in paragraphs 2 and 3, that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery in this regard.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, only the costs of returning the product are for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
When the product is damaged by careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this should happen before the conclusion of the purchase agreement.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
the delivery of which started with the express consent of the consumer before the expiration of the cooling-off period;
concerning betting and lotteries.
Article 9 – The price
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
these are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and guarantee
The trader guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and to the existing statutory provisions and/or government regulations on the date on which the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Return of the products should be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
the inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The company will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and renewal
Termination
The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension
A contract entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment details provided or stated immediately to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement rules.
In case of complaints, a consumer should first turn to the trader. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that should be paid by the consumer to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the Entrepreneur’s obligations, unless the Entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional or different provisions from these general 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.