Terms and Conditions | NLNaturals Wholesale

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 - Obligations of the Customer During the Cooling-Off Period

Article 8 - Exercise of the Right of Withdrawal and Costs

Article 9 - Obligations of the Entrepreneur Upon Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - Pricing

Article 12 - Performance and Additional Guarantee

Article 13 - Delivery and Execution

Article 14 - Duration, Cancellation and Extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Supplementary or Deviating Provisions

Article 19 - Complaints

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the customer can exercise their right of withdrawal;
  3. Customer: the natural or legal person who purchases products and/or services from the entrepreneur via the webshop;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any device - including email - that enables the customer or entrepreneur to store information addressed to them personally in a way that facilitates future consultation or use;
  8. Right of withdrawal: the possibility for the customer to withdraw from the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers at a distance;
  10. Distance agreement: an agreement concluded between the entrepreneur and the customer within an organized system for distance selling of products, digital content and/or services;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
  12. Technology for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to meet simultaneously in the same space.

Article 2 - Identity of the Entrepreneur

NLNaturals B.V.
Telfordstraat 35A
8013 RL Zwolle
The Netherlands

Phone: +31 (0)38 20 01 004
Email: info@nlnaturals.com
Website: www.nlnaturals.com

Chamber of Commerce (KvK): 77748301
VAT identification number: NL861124601B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer by the entrepreneur and to every distance agreement concluded between the entrepreneur and the customer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, the entrepreneur shall indicate how the terms and conditions can be viewed and that they will be sent free of charge upon request.
  3. If the distance agreement is concluded electronically, the text of these terms and conditions may be made available electronically in such a way that they can easily be stored on a durable data carrier.
  4. In the event that specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the customer may always invoke the applicable provision that is most favourable to them.

Article 4 - The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall 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 sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to acceptance of the offer.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and meets the conditions set.
  2. If the customer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the customer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur shall observe appropriate security measures.
  4. The entrepreneur may, within legal frameworks, ascertain whether the customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The entrepreneur shall send the following information with the product, service or digital content, in writing or in such a way that it can be stored by the customer on a durable data carrier:
  6. The visiting address of the entrepreneur's establishment where the customer can address complaints;
  7. The conditions under which and the manner in which the customer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. Information about guarantees and existing after-sales service;
  9. The price including all taxes of the product, service or digital content; the delivery costs where applicable; and the method of payment, delivery or execution of the distance agreement;
  10. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 - Right of Withdrawal

For products:

  1. The customer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the customer for the reason for withdrawal, but may not oblige them to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the customer, or a third party designated by the customer in advance (not the carrier), has received the product, or:
    • if the customer has ordered multiple products in the same order: the day on which the customer or a third party designated by them received the last product;
    • if the delivery of a product consists of different shipments or parts: the day on which the customer or a third party designated by them received the last shipment or part;
    • for agreements for regular delivery of products during a certain period: the day on which the customer or a third party designated by them received the first product.

For services and digital content not delivered on a tangible medium:

  1. The customer may dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium during at least 14 days without giving reasons.
  2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Article 7 - Obligations of the Customer During the Cooling-Off Period

  1. During the cooling-off period, the customer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product.
  2. The customer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. The customer is not liable for any diminished value 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 and Costs

  1. If the customer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product or hand it over to (an authorized representative of) the entrepreneur.
  3. The customer shall return the product with all accessories supplied, if reasonably possible in 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 lies with the customer.
  5. The customer bears the direct costs of returning the product, unless the entrepreneur has not stated that the customer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves.

Article 9 - Obligations of the Entrepreneur Upon Withdrawal

  1. If the entrepreneur makes notification of withdrawal possible electronically, they shall send a confirmation of receipt immediately upon receiving such notification.
  2. The entrepreneur shall reimburse all payments made by the customer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the customer 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 customer demonstrates that they have returned the product, whichever is earlier.
  3. The entrepreneur shall use the same means of payment that the customer used for reimbursement, unless the customer agrees to a different method. The reimbursement is free of charge for the customer.
  4. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  2. Agreements concluded during a public auction;
  3. Service agreements, after full performance of the service, but only if the performance began with the express prior consent of the customer and the customer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
  4. Products manufactured to the customer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the customer;
  5. Perishable products or products with a limited shelf life;
  6. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
  7. Products which, after delivery, are irrevocably mixed with other products by their nature;
  8. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
  9. The delivery of digital content other than on a tangible medium, but only if the performance has begun with the express prior consent of the customer and the customer has declared that they thereby lose their right of withdrawal.

Article 11 - Pricing

  1. During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
  2. The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control at variable prices. This link to fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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 they are the result of statutory regulations, or the customer has the authority to terminate the agreement as of the day on which the price increase takes effect.
  5. All prices displayed on nlnaturals.com are exclusive of VAT unless stated otherwise, as NLNaturals serves B2B wholesale customers.

Article 12 - Performance 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 quality and/or usability, and the statutory provisions and/or government regulations existing at the date of conclusion of the agreement.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil their part of the agreement.
  3. Additional guarantee means every obligation of the entrepreneur, their supplier, importer or producer in which they grant the customer certain rights or claims that go beyond what they are legally required to do in the event of failure to fulfil their part of the agreement.

Article 13 - Delivery and Execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery shall be the address that the customer has made known to the entrepreneur.
  3. The entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the customer shall receive notification no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement without costs and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly reimburse the amount paid by the customer.
  5. More information regarding the delivery of goods can be found on our Shipping page.

Article 14 - Duration, Cancellation and Extension

Cancellation:

  1. The customer may at any time cancel an agreement concluded for an indefinite period that extends to the regular delivery of products or services, subject to the agreed cancellation rules and a notice period of no more than one month.
  2. The customer may at any time cancel an agreement concluded for a definite period that extends to the regular delivery of products or services, against the end of the definite period, subject to the agreed cancellation rules and a notice period of no more than one month.

Article 15 - Payment

  1. Unless otherwise provided in the agreement or supplementary conditions, amounts owed by the customer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
  2. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur immediately.
  3. If the customer does not meet their payment obligation(s) in time, after having been notified by the entrepreneur of the late payment and the entrepreneur has allowed the customer a period of 14 days to still meet their payment obligations, the customer shall owe statutory interest on the amount still due and the entrepreneur is entitled to charge extrajudicial collection costs.

Article 16 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Supplementary or Deviating Provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

Article 19 - Complaints

We recommend that you first make complaints known to us by emailing info@nlnaturals.com. If this does not lead to a solution, it is possible to register your dispute for mediation. Since 15 February 2016, it is also possible for customers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at https://ec.europa.eu/consumers/odr. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.