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General Terms and Conditions

Definition and scope
1.1 For the purposes of these General Terms and Conditions, the following terms shall have the following meanings:

(a) 'offer' means the products offered by the Agent;
b) Agent:, with registered office at Nieuwe Eeven 4 in Heesch, with e-mail address and registered with the Chamber of Commerce under number 71953795 with VAT registration number NL002363666B52, which through the website as agent facilitates agreements for the supply of products from the Supplier;
(c) 'order' means the product ordered by the buyer and for which a contract has been concluded;
(d) 'withdrawal period' means the period during which the consumer may exercise his right of withdrawal.
(e) 'consumer' means a natural person who is not acting in the course of a profession or business and who concludes a distance contract with an agent;
(f) "Dropshipping" means the placing of an order by the buyer via the website, where the agent has been instructed and authorised to act as an intermediary, and therefore not at the expense and risk of the agent, in order to bring about a contract for one or more products between the buyer and the supplier, whereby payment under the contract is made via the agent and the supplier delivers the product directly to the buyer.
(g) 'withdrawal form' means the form provided by the supplier which a consumer may fill in if he wishes to exercise his right of withdrawal, as set out in the Annex to the Conditions.
(h) 'right of withdrawal' means the possibility for the consumer to withdraw from the contract within the withdrawal period;
(i) 'buyer' means the person with whom a contract is concluded on behalf of the supplier.
(j) 'supplier' means the provider of a product.
(k) 'contract' means a contract to be concluded or concluded through an agent between the buyer and the supplier for the purchase of products, where one or more means of distance communication are used exclusively for the conclusion of the contract.
(l) 'product' means a good offered by the supplier via the website by means of dropshipping;
(m) 'written' means any digital communication by means of written characters which can be stored on a durable medium and for which the agent can determine the method to be used; and
n) "Terms and Conditions" means these general terms and conditions of dropshipping by acting as agent.
1.2. The Terms and Conditions apply to each offer by Agent, each order and each agreement, including any additions or amendments thereto and any follow-up agreements.

1.3. The applicability of any general terms and conditions or (purchasing) conditions of the buyer or agent is expressly rejected.

1.4. The Terms and Conditions have been drawn up in Dutch and in the event of a conflict between the Dutch version of the Terms and Conditions and a version in another language, the Dutch version of the Terms and Conditions shall be binding.

1.5. Articles 11.5, 11.6, 12, 13 and 14 of the Terms are only applicable to consumers.

1.6. If at any time one or more provisions of the Terms are wholly or partly invalid or suspended, the remainder of the Agreement and these Terms will continue to apply and the provision in question will be replaced without delay by mutual agreement with a provision which corresponds as closely as possible to the scope of the original provision.

2.1. Details of the supplier are available on the website.

2.2. If the supplier is not based in the Netherlands, the product ordered will be imported in the name of the buyer. Any additional costs, such as VAT, customs clearance fees and other government charges, are to be paid by the buyer.

2.3 The prices stated in the offer are exclusive of VAT and other government charges and exclusive of freight and any transport and packaging costs, unless explicitly stated otherwise.

2.4. Payment of the order is handled by the agent who pays the supplier on behalf of the buyer.

2.5. The difference in remuneration between the amount paid by the buyer for the order and the amount paid by the agent to the supplier are not equal and shall be considered as remuneration for the services provided by the agent.

3.1. Any offer made by an agent has a limited period of validity, namely until the time when the product is no longer in stock or available from the supplier ("gone is gone") or can no longer be ordered via the website.

3.2. If an offer is made under special conditions, this must be explicitly stated in the offer.

3.3. All offers are without obligation. The agent shall always have the right to modify the offer.

3.4. Each offer contains a complete and as accurate description of the products as possible to enable the buyer to make a correct assessment. Pictures of products are a true representation of the product. The agent cannot guarantee that the colours shown correspond exactly to the actual colours of a product. If the buyer places an order, the buyer has been able to sufficiently assess the product, its image and description in light of the above.

3.5. All images and descriptions of a product are indicative and, in the event of errors and/or deviations, cannot give rise to damages or termination of the contract, unless the deviations from the essential characteristics of the product are so significant that the product is in practice different from that which the buyer intended to order.

3.6 An offer which the buyer could reasonably have expected, should have understood or should have understood to contain a manifest clerical error or to be a manifest mistake need not be fulfilled by the buyer. The buyer cannot derive any rights from such a clerical error or mistake.

4.1. Subject to the provisions of Article 4.5, a contract is established when the buyer accepts the offer and places an order and fulfils the conditions laid down.

4.2. The contract is concluded in Dutch, unless the agent offers the conditions and further communication in another language via the website. In the latter case, if the buyer so wishes, a contract can also be concluded in that language and the buyer can also communicate with the agent in that language.

4.3. If the buyer accepts the offer electronically, the agent will immediately acknowledge receipt of the acceptance electronically, thereby concluding the contract. As long as the receipt of the acceptance has not been acknowledged by the agent, the buyer may cancel the contract.

4.4 The agent will take appropriate technical and organisational measures to protect the electronic transmission of data and provide a secure environment. The Agent will take appropriate security measures if the Buyer is able to pay electronically.

4.5. The agent may provide information on the buyer's ability to meet his payment obligations and on any other matter that may be relevant to the responsible conclusion of the contract. If the agent has good reason not to conclude the contract, he has the right to refuse to accept the order or to impose special conditions for its execution.

4.6 The Buyer shall ensure that all information which the Agent specifies as necessary, or which the Buyer should reasonably understand as necessary for the performance of the Contract, is provided to the Agent in a timely manner. If such information is not provided to the Agent in a timely manner, the Agent shall be entitled to suspend performance of the Contract and/or charge the Buyer for any additional costs incurred as a result of the delay, at the Agent's usual rate.

4.7. The agent is not liable for any damage, of whatever nature, caused by the agent's reliance on inaccurate and/or incomplete information provided by the buyer, unless the agent was aware of this inaccuracy or incompleteness.

5.1. The prices quoted in the offer are based on the cost factors applicable at the time of the conclusion of the contract, such as import and export duties, freight and unloading costs, insurance and any fees and taxes. Any differences, whether favourable or unfavourable, on arrival, departure or delivery shall be for the benefit or at the expense of the buyer.

5.2 Prices quoted may contain typographical errors and misprints. No responsibility can be assumed for the consequences of misprints. In case of misprint, the agent is not obliged to deliver the product at the wrong price.

5.3. A composite offer does not oblige the agent to deliver part of the goods included in the offer or the offer at a corresponding part of the offered price.

Conformity and guarantee
6.1 Subject to the terms and conditions in this regard, the products conform to the contract, to the specifications set out in the offer, to the reasonable requirements of reliability and/or usefulness and to the legal rules and regulations in force on the date of conclusion of the contract.

6.2. The Agent points out that some products have a limited expiry date, which is indicated on the product in question. The buyer should take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the supplier's guarantee.

6.3 Any defects or incorrectly delivered products must be reported in writing to the Agent within four (4) weeks of delivery. The products must be returned in the original packaging and in new condition.

6.4. The agent's warranty period corresponds to the manufacturer's warranty period. However, the Agent is never responsible for the final suitability of the Products for any particular application by the Buyer, nor for any advice on the use or application of the Products.

6.5 In the event of a claim under the warranty, the Agent will, at its discretion, either provide replacement or repair. In the event of replacement, the Buyer agrees to return the replaced goods to the Agent.

6.6. The warranty does not apply if:

the buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
the delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the agent and/or the packaging;
the defect is due in whole or in part to regulations laid down or to be laid down by the Government with regard to the nature or quality of the materials used.

Delivery and implementation
7.1 The Agent will handle orders for Products with the utmost care.

7.2. The place of delivery is the address given by the Buyer to the Agent when placing the order.

7.3. The agent will forward accepted orders promptly and have them executed.

7.4. All delivery times are indicative. In the case of delivery of products from a country other than the Netherlands, longer delivery times than those indicated on the website may occur. This period depends on the delivery time of the supplier. The buyer cannot derive any rights from the conditions mentioned.

7.5 If an order cannot be fulfilled or can only be partially fulfilled, the buyer will be notified of this within 30 days of the order.

7.6. The agent is entitled to deliver the goods in parts, unless this has been deviated from by agreement or if the partial delivery has no independent value. The agent shall be entitled to invoice the goods delivered separately. Exceeding a time limit does not entitle the buyer to compensation.

7.7 The delivery times stated on the website are only indicative.

7.8 If the stated delivery time is exceeded, the Buyer shall not be entitled to termination or damages, unless expressly agreed otherwise.

7.9 In the event of dissolution in accordance with the provisions of paragraph 3 of this article, the agent shall refund the amount paid by the buyer as soon as possible, but at least within 14 days of the dissolution.

7.10. If delivery of an ordered product proves impossible, the agent will try to provide a replacement product. At the latest at the time of delivery, it must be clearly and comprehensibly stated that a replacement item has been supplied. For replacement items, the right of withdrawal cannot be excluded. The cost of any return freight shall be borne by the agent. 7.11. The risk of damage and/or loss of products rests with the agent until the moment of delivery to the buyer or a representative appointed in advance and made known to the agent, unless expressly agreed otherwise. Acceptance of goods without remarks or comments on the waybill/invoice is considered proof that the packaging was in good condition at the time of delivery.

8.1. Unless otherwise agreed, the amounts owed by the buyer under the contract shall be paid immediately after the order has been placed.

8.2. The buyer is obliged to report any errors in the payment details provided or indicated to the agent without delay.

8.3. If the Buyer fails to meet his payment obligations in a timely manner, he will, after being notified by the Agent of the late payment and after the Agent has given the Buyer a reasonable period of time to meet his payment obligations, upon failure to pay within that period, he will owe statutory interest on the amount still due, and if the buyer is not a consumer, this will be the statutory commercial interest rate, and the agent will be entitled to charge extrajudicial collection costs incurred by the agent or on the agent's behalf. The collection costs will be calculated in accordance with the Act and Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

Website and product provisions
9.1 The agent is not liable for errors and/or irregularities in the functionality of the website. The Agent is not liable for errors or unavailability of the website for any reason whatsoever.

9.2. The Agent is not responsible for the accuracy and completeness of the content of any email or other digital communication sent by/on behalf of the Agent, nor for the timely receipt of such content.

9.3 Any claim by the Buyer for breach by the Agent shall lapse unless notified in writing to the Agent, stating the reasons, within one (1) year of the Buyer becoming aware, or reasonably being able to become aware, of the facts on which his claim is based.

9.4 The Agent expressly disclaims all liability and claims by the Buyer and third parties who have suffered (physical) damage due to negligent, incorrect or unnecessary use of the Products. The products may only be used in accordance with the instructions.

9.5. The Agent recommends the Buyer to always read the manual before use and act accordingly. The products must be stored and used according to the instructions.

9.6. All advice given on the use of the products is of a general and non-binding nature. The buyer should assess at his own responsibility whether the product is suitable for him or her. If in doubt about the use of a product, the supplier or the purchaser's doctor should be contacted for an assessment of its use in a specific case.

9.7 Certain products, such as very small products, products for external care and electrical appliances, should be kept out of the reach of young children.

9.8. The agent recommends the purchaser to always, but especially in case of pregnancy, lactation, medication and in case of doubt about hypersensitivity to any of the ingredients, consult an expert after having read the instructions for use if necessary, before using products such as products for external care.

Force majeure
10.1 The agent shall not be liable to the buyer if the obligations under the contract cannot be fulfilled due to force majeure. Force majeure shall in any event include: a) Force majeure at the Supplier's premises;

b) governmental measures and restrictions;
c) power cuts;
(d) failure of the Internet, data networks and telecommunications facilities, for example due to
cybercrime and hacking.

(e) natural disasters
(f) wars and terrorist attacks
(g) general transport problems and restrictions
(h) strikes against the supplier or agent; and
(i) other situations beyond the control of the agent which temporarily or permanently prevent the performance of obligations.

10.2. During the period of force majeure, suspend the obligations under the contract. If this period lasts longer than two months, either party has the right to terminate the contract without any obligation to compensate the other party or the agent for damages.

10.3. If, at the time of the occurrence of force majeure, the Agent has already partially fulfilled or will be able to fulfill its obligations under the contract, and the part that has been or will be fulfilled has an independent value, the Agent shall be entitled to invoice separately the part that has already been or will be fulfilled. The buyer is obliged to pay this invoice as if it were a separate contract.

11.1. The buyer's (personal) details are contained in a database. These data are primarily used for the execution of the contract. The agent may send information about its products, such as newsletters and offers, to the buyer upon request. The buyer can always object to the use of personal data for direct marketing and/or (continued) receipt of (certain) marketing information by sending a request for termination of the agreement to the agent.

11.2. The Buyer agrees to the use of electronic means of communication. The Buyer is aware that electronic communications are not secure in connection with this electronic data exchange, despite all reasonable security measures taken by the Agent, and that electronic communications may be intercepted, manipulated, infected, delayed or improperly (re)transmitted, including through viruses and spam filters. The Agent cannot provide an absolute guarantee against unauthorised consultation.

11.3 The Agent will take appropriate measures to ensure the confidentiality and secure storage of (personal) data.

11.4. In the context of the execution of the contract, (personal) data may also be passed on to countries outside the European Union, for example to a supplier in China, as otherwise the contract between the buyer and the supplier cannot be executed and the supplier cannot deliver the order to the buyer. In this case, the agent will provide contractual guarantees.

11.5 A buyer who is a consumer has the right to request in writing that the Agent gives him the opportunity to check the personal data processed by the Agent and/or (where applicable) to correct, complete, delete or erase them. A request for inspection and/or correction should be addressed to the Agent's management. At the first request of the Buyer, the personal data recorded shall be provided, corrected or deleted.

11.6 Personal data of the Buyer who is a consumer will not be disclosed to third parties, unless the Agent is obliged to do so under applicable laws and regulations or unless it is necessary for the performance of the contract.

12.1 For consumers, prices are quoted exclusive of VAT, taxes and shipping costs.

12.2. Before a contract is concluded with a consumer, the text of the terms and conditions shall be made available to the consumer (electronically) in such a way that the consumer can easily save it on another durable medium. If this is not reasonably possible, it shall be stated before the conclusion of the contract where and how the terms and conditions can be read electronically and that the terms and conditions shall be sent electronically or otherwise free of charge at the consumer's request.

12.3. The Agent will make the following information available to the Consumer via the Website, or at least make this information available so that it can be stored in an accessible manner on a durable medium:

The terms and conditions and the manner in which the consumer may lodge a complaint;
the conditions and means by which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal does not apply;
information on the guarantee and after-sales service; and
the form.