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Terms of Service Nia Essentials webshop – July 2024
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 – Consumer Obligations During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Compliance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Ongoing Contracts: Duration, Termination, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection Period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person not acting for purposes related to their trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital Content: data that is produced and delivered in digital form;
6. Ongoing Contract: a contract that provides for the regular supply of goods, services, and/or digital content for a specified period;
7. Durable Medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period that aligns with the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers remotely;
10. Distance Contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or partial use is made of one or more means of remote communication up to and including the conclusion of the contract;
11. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be provided if the consumer does not have a right of withdrawal for their order;
12. Means of Remote Communication: tools that can be used to conclude a contract without the consumer and entrepreneur being in the same space simultaneously.
Article 2 – Identity of the Entrepreneur
Nia Essentials
Lambertus Hortensiuslaan 26, 1217 RE Hilversum
Email Address: info@nia-essentials.com
Phone: +31(0)611114038
Chamber of Commerce Number: 94829616
VAT Identification Number: NL866906307B01
Nia Essentials is a certified importer and distributor of organic tea.
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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request.
3. If the distance contract is concluded electronically, in deviation from 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 it can be stored by the consumer in an accessible manner on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request, either electronically or otherwise.
4. If specific product or service terms 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 provision most favorable to them in the event of conflicting terms.
Article 4 – The Offer
1. If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.
4. All information on this website has been prepared and checked with the utmost care for accuracy, timeliness, and completeness. Despite these efforts, if the content is incomplete or incorrect, we cannot accept liability for this. The entrepreneur is not liable for obvious typographical errors. No rights can be derived from the information provided.
Article 5 – The Agreement
1. The agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur may investigate whether the consumer can fulfill their payment obligations and inquire about other facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
5. No later than upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with 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 entrepreneur’s business address where the consumer can lodge complaints;
b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. Information about warranties and existing post-purchase service;
d. The price, including all taxes, of the product, service, or digital content; the delivery costs, if applicable; and the payment, delivery, or performance method of the distance contract;
e. The requirements for terminating the agreement if it is of indefinite duration or longer than one year;
f. If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For Products:
1. The consumer can terminate an agreement for the purchase of a product during a reflection period of at least 14 days without providing any reason. The entrepreneur may ask for the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer or a designated third party receives the last product. The entrepreneur may, provided they clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. If the delivery of a product consists of several shipments or parts: the day on which the consumer or a designated third party receives the last shipment or part;
c. In the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a designated third party receives the first product.
For Services and Digital Content Not Supplied on a Tangible Medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without providing a reason. The entrepreneur may ask for the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended Reflection Period for Products, Services, and Digital Content Not Supplied on a Tangible Medium in Case of Non-Disclosure of Withdrawal Rights:
5. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start of the original reflection period, the reflection period will expire 14 days after the day the consumer receives this information.
Article 7 – Consumer Obligations During the Reflection Period
1. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle is that the consumer may only handle and inspect the product as they would in a store.
2. The consumer is liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by submitting the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or their authorized representative). This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the reflection period expires.
3. The consumer must return the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the consumer exercises their right of withdrawal, any supplementary agreements will be automatically dissolved by operation of law.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
1. If the entrepreneur allows electronic notification of withdrawal by the consumer, they will send an acknowledgment of receipt as soon as possible upon receipt of this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and no later than 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
3. The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement will be free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or, at least, prior to the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period;
2. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
3. Products that spoil quickly or have a limited shelf life;
4. Sealed products that, for health protection or hygiene reasons, are not suitable for return and whose seal has been broken after delivery;
5. Products that, after delivery, are irrevocably mixed with other products due to their nature;
6. Alcoholic beverages whose price was agreed upon at the time of concluding the contract but whose delivery can only occur after 30 days and whose actual value depends on fluctuations in the market beyond the entrepreneur’s control;
7. Sealed audio or video recordings and sealed computer software, the seal of which has been broken after delivery;
8. Newspapers, magazines, or journals, with the exception of subscriptions to these publications;
9. The delivery of digital content not supplied on a tangible medium if the execution has begun with the consumer’s explicit prior consent and acknowledgment that they thereby lose their right of withdrawal.
Article 11 – The Price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from paragraph 1, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. These are the result of statutory regulations or provisions; or
b. The consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance and Additional Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill their part of the agreement.
3. Additional guarantee means any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in case of a failure to fulfill their part of the agreement.
Article 13 – Delivery and Execution
1. The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with paragraph 3, the entrepreneur will refund the amount paid by the consumer without delay.
5. 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 explicitly agreed otherwise.
Article 14 – Ongoing Contracts: Duration, Termination, and Renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products or services at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
– At any time and not be restricted to termination at a specific time or in a specific period;
– At least terminate in the same manner as they were entered into by the consumer;
– Always terminate with the same notice period that the entrepreneur has stipulated for themselves.
Renewal:
4. An agreement entered into for a fixed term and which provides for the regular delivery of products or services may not be automatically extended or renewed for a fixed term.
5. In deviation from the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of a maximum of three months if the consumer can terminate the renewed agreement at the end of the renewal with a notice period not exceeding one month.
6. An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month. The notice period is not more than three months if the agreement involves the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
7. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise against termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer receives the agreement confirmation.
2. When selling products to consumers, the general terms and conditions must not require an advance payment exceeding 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer fails to fulfill their payment obligation(s) on time, they are, after being informed by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to still fulfill their payment obligations, liable for statutory interest on the amount still due, and the entrepreneur is entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure
1. For complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with ValuedShops and complaints cannot be resolved by mutual agreement, the consumer should turn to ValuedShops (www.valuedshops.com), which will mediate free of charge. Check whether this store has a current membership through http://www.valuedshops.com/members. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by ValuedShops, 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 the consumer has to pay to the committee.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur promptly, fully, and clearly described after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions must not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.