General 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  – Costs in the event of withdrawal
  • Article 8  – Exclusion of the right of withdrawal
  • Article 9  – The price
  • Article 10 – Conformity and guarantee
  • Article 11 – Delivery and performance
  • Article 12 – Long-term transactions
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Disputes
  • Article 16 – Sector guarantee
  • Article 17 – Additional or differing provisions

 

Article 1 - Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;
Durable medium: any means that enables the consumer or the 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 option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Nederlandse Thuiswinkel Organisatie and who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same room at the same time;

 

Article 2 - Identity of the entrepreneur

Vitarium
Also trading under the names: Natuurlijk.fit
Hereinafter referred to as Vitarium

Registered office / return address:

Natuurlijk.fit (Practice and Shop)
Kolkweg 20 P17
8243PN Lelystad

Contact: via the contact form at vitarium.nl/pages/klantenservice-formulier or WhatsApp +31 6 23 98 05 71

Chamber of Commerce number: 34295541
VAT identification number: NL002161628B32

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority;

If the entrepreneur practises a regulated profession:

  • the professional association or organisation of which he is a member;
  • 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 on where and how these professional rules can be accessed.

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically then, contrary to 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 electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any delivery costs;
    • the way in which the contract will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery or performance of the contract;
    • the period for accepting the offer, or the period during which the price is guaranteed;
    • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is archived after it has been concluded and, if so, how the consumer can consult it;
    • the way in which the consumer can check and, if desired, correct the details he has provided under the contract before the contract is concluded;
    • any languages, in addition to Dutch, in which the contract can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the entrepreneur confirms receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur observes appropriate security measures for this purpose.
  4. The entrepreneur may - within legal frameworks - inform himself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that matter for entering into the distance contract responsibly. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  5. With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
    • a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    • b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
    • c. the information about existing after-sales service and guarantees;
    • d. the details included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before performance of the contract;
    • e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal on delivery of products

  1. When purchasing products, the consumer has the option to dissolve the contract without stating reasons for 14 days. This period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During this period the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent needed 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.

 

  1. On the delivery of services:
  2. On the delivery of services, the consumer has the option to dissolve the contract without stating reasons for at least fourteen days, starting on the day the contract is entered into.
  3. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.

 

Article 7 - Costs in the event of withdrawal

  1. If the consumer exercises his right of withdrawal, at most the costs of returning the goods are at his expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days of the return shipment or the withdrawal.
  3. If the return is not brought or sent back within the stated period, the obligation to refund lapses.
  4. If the consumer nevertheless keeps a product that has not been paid for or that has already been refunded, this immediately amounts to shoplifting. The consumer then still has 14 days to pay for the products kept before a report of theft is irrevocably filed.

Article 8 - Exclusion of the right of withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    • a. that have been made by the entrepreneur in accordance with the consumer's specifications;
    • b. that are clearly personal in nature;
    • c. that by their nature cannot be returned;
    • d. that can spoil or age quickly;
    • e. the price of which is tied to fluctuations on the financial market over which the entrepreneur has no influence;
    • f. for single newspapers and magazines;
    • g. for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • a. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    • b. the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
    • c. concerning betting and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices where those prices are tied to fluctuations on the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are guide prices are mentioned with the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    • a. they result from statutory regulations or provisions; or
    • b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

 

Article 10 - Conformity and Guarantee

  1. The entrepreneur warrants that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, the manufacturer or the importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

 

Article 11 - Delivery and performance

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated about this in article 4 of these general terms and conditions, the company will carry out accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this no later than one month after he placed the order. In that case the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 30 days of the dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest on delivery it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
  6. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

11.6 The consumer is responsible for taking receipt of the shipment in good time. If the shipment is delivered to a parcel point or collection point because the consumer is absent, the consumer must collect it within the storage period of 7 days set by the carrier.

11.7 If the shipment is not collected within this period, the carrier returns it to the entrepreneur. The associated return costs of € 7.00 are at the consumer's expense, without prejudice to the shipping costs already charged. Shipment of the order at a later moment takes place after payment of the shipping costs applicable at that time. This provision does not affect the consumer's right of withdrawal (article 6).

Article 12 - Long-term transactions

  1. The consumer can terminate a contract entered into for an indefinite period at any time, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
  2. A contract entered into for a fixed period has a term of no more than two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be no more than one month.

 

Article 13 - Payment

  1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  2. In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the order or service(s) concerned before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. In the event of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur replies within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is open to the dispute settlement procedure.

 

Article 15 - Disputes

  1. Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.

 

Article 17 - Additional or differing provisions

Additional provisions, or provisions differing from these general terms and conditions, may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.