Terms & Conditions
General terms and conditions for the supply of products by Yoni.care trademark of FIP ORGANIC BV:
Article 1 – Definitions
- Consumer: the natural person who is not acting in the exercise of his profession or business and enters into a Distance Contract with the vendor;
- Day: calendar day;
- Distance Contract: an agreement in which, in the context of an organized distance selling system for products, only one or more techniques are used for distance communication, up to and including the conclusion of the contract;
- Durable data carrier: any means that enables the consumer or vendor to store the information intended for him personally in a manner that enables future consultation and unaltered reproduction of the stored information.
- Reflection period: the period within which the consumer may exercise his right of withdrawal;
- Right of withdrawal: the option of the consumer to withdraw from the Distance Contract within the reflection period;
- Technology for Distance Communication: means that can be used to conclude a contract, without the consumer and vendor being together in the same location at the same time.
- Vendor: the natural or legal person who offers products and/or services to consumers from a distance.
Article 2 – Identity of the vendor
Yoni.care is a FIP ORGANIC B.V. trademark
Linneausstraat 2C, 1092 CK Amsterdam;
Commercial Register no.: 60126248;
VAT identification no.: NL853775540B01
Article 3 – Applicability
- These terms and conditions apply to any and all offers of the vendor and any distance contract concluded by the vendor and consumer.
- Prior to the conclusion of the distance contract, these terms and conditions will be made available to the consumer. If this is not reasonably possible, then it will be made known to the consumer before the contract is concluded, that the terms and conditions are available for inspection at the vendor’s premises and will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer can easily store this information on a durable data carrier. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the terms and conditions are available electronically and that they can be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that besides these terms and conditions specific product requirements apply, the second and third paragraph shall apply and the consumer, in case of conflicting terms, can always rely on the applicable provision that is most favorable to her.
Article 4 – Offer
- If an offer has a limited duration or is subject to specific conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products on offer. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the vendor makes use of images, then these images are a true reflection of the products offered. Obvious mistakes or errors in the offer are not binding.
- Each offer clearly contains the information for the consumer to know what rights and obligations are attached to accepting the offer. In particular this concerns
– the price including taxes;
– any delivery costs;
– how the agreement will be achieved and what actions are required;
– whether or not the right of withdrawal is applicable or not;
– the method of payment, delivery or performance of the contract;
– the term in which the offer is applicable as well as the price guaranteed by the vendor;
– the height of the tariff for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular fee for the used means of communication;
– whether the contract is filed after its conclusion, and if so, how this can be accessed by the consumer;
– how the consumer can check her personal data shared and if necessary before concluding the contract;
– any other languages, other than English, in which the contract may be entered;
– the conduct of conduct to which the vendor is subjected and how the consumer can consult these codes electronically.
Article 5 – The contract
- The contract, subject to the provisions of paragraph 4, will be concluded when the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the vendor will immediately acknowledge receipt thereof electronically. Until the consumer receives the receipt of acceptance from the vendor, the consumer may rescind the contract.
- If the agreement is created electronically, the vendor will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pays electronically, the vendor will take appropriate safety precautions.
- The vendor can – within the means of the law – check whether the consumer can meet her payment obligations, as well as any other relevant information required to conclude the distance contract. If the vendor decides that there are reasons not to conclude the contract, she is entitled to refuse or to attach special conditions to the execution of an order or request.
- The vendor will provide the consumer the following information in writing or in such a way that it can be stored and easily accessed by the consumer on a durable data carrier, namely:
a. how the consumer can contact the vendor with any complaints;
b. how the consumer can exercise the right of withdrawal and under which conditions, or a clear statement if excluded from the right of withdrawal;
c. information about guarantees and after sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the operator has provided this information to the consumer before the execution of the agreement;
Article 6 – Right of withdrawal
- In the distance purchase process, the consumer has the option to cancel the contract without stating reasons within seven working days. This reflection period will commence after the consumer has received the product.
- During the reflection period, the consumer will treat the product and packaging with due care. The product will only be unpacked and used to the extent necessary to be able to assess whether the consumer wishes to keep the product. If she exercises her right of withdrawal, she will return the product with all its accessories and – if reasonably possible – in its original condition and packaging to the vendor in accordance with the vendor’s reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
- If the consumer exercises her right of withdrawal, the costs for the consumer will not exceed the costs of returning the goods.
- If the consumer has already paid for the product, the vendor will refund the amount paid as soon as possible, but no later than within 30 days after the return or cancellation.
Article 8 – Price
- During the period mentioned in the offer the price of the product offered will not be increased, with exception a price change due to a change in VAT rates.
- Notwithstanding the preceding paragraph, the vendor may sell a product at a variable price, when the price of that product is subject to fluctuations in the financial market and over which the vendor has no control. The fact that these prices are variable and subject to change must be clearly stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they resulted from changes in legislation or regulations.
- Price increases from 3 months and onwards, after the conclusion of the contract, are only allowed if the vendor has stipulated this and:
a. they are the result of changes in legislation or regulations; or
b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
- The prices of products on offer includes VAT.
Article 9 – Compliance and warranty
- The vendor guarantees that the products are in compliance with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date on which the contract is formed.
- Any warranty given by the vendor, manufacturer or importer shall not affect the legal rights and claims the consumer may assert against the vendor under the agreement.
Article 10 – Delivery and performance
- The vendor shall observe the utmost diligence in the receipt and execution of orders and the delivery of ordered products.
- The address indicated by the consumer to the vendor upon the purchase of the product is the place of delivery.
- Subject to the provisions of Article 4 of these conditions, the company will ship accepted orders expeditiously within 30 days unless a longer delivery has been agreed upon. If the delivery is delayed, or if an order cannot, or only partially be carried out, the consumer shall receive notice within 30 days after placing the order. In this case the consumer has the right to terminate the contract without any costs.
- If the contract is terminated as stipulated above, the consumer will be refunded as soon as possible but no later than 30 days after termination.
- If delivery of an ordered product proves to be impossible, the vendor shall, insofar possible endeavor to make available a replacement product. The fact that a replacement item is delivered will be announced in a clear and comprehensible manner no later than upon delivery. The right of withdrawal cannot be excluded in regard to replacement items. The costs of any return shipment of a replacement item will be for the account of the vendor.
- The risk of damage and/or loss of products rests with the vendor until the time when they are delivered to the consumer, or to a representative of the consumer designated and made known to the vendor in advance, unless agreed otherwise.
Article 11 – Payment
- Unless otherwise agreed, the consumer is required to pay the amount due within seven days after the start of the reflection period as referred to in Article 6 paragraph 1.
- The consumer has the duty to immediately communicate any inaccuracies in information or specified payment information supplied to the vendor.
- In the event of default payment by the consumer, the vendor, subject to statutory limitations, has the legal right to charge the consumer with any costs made within reason that were made known in to the consumer in advance.
Article 12 – Complaints
- The vendor has a clear complaint procedure and deals with complaints following the procedure.
- As soon as the consumer discovers a defect, complaints must be submitted to the vendor promptly with a full and clear description of the complaint.
- The vendor will respond to the complaint within a period of 14 days after receipt of the complaint. If a complaint requires a processing time longer than 14 days, the vendor
will provide a notice of receipt to the consumer as well as an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, the complaint will be subjected to the dispute regulation.
Article 13 – Disputes
The agreement between vendor and consumer, subject to these terms and conditions, is exclusively governed by Dutch law.
Article 14 – Additional or different terms
Additional or different provisions of these terms and conditions may not be to the detriment of consumers and should be recorded in writing or accessible in such a way that they can be stored on a durable data carrier by the consumer.