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 Consumer During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated 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 - Fulfillment and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Contracts: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaint Handling
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Additional Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these are delivered by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur.
• Reflection Period: The period during which the consumer can exercise their right of withdrawal.
• Consumer: A natural person who does not act for purposes related to their trade, business, craft, or professional activity.
• Day: Calendar day.
• Digital Content: Data produced and delivered in digital form.
• Duration Agreement: An agreement for the regular supply of goods, services, and/or digital content over a set period of time.
• Durable Data Carrier: Any medium – including email – that allows the consumer or entrepreneur to store information in a way that enables future access or use for a period suitable for the purpose of the information, and allows for unaltered reproduction of the stored information.
• Right of Withdrawal: The ability of the consumer to cancel the distance agreement within the reflection period.
• Entrepreneur: A natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.
• Distance Agreement: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, where one or more techniques for remote communication are exclusively or partly used until the agreement is concluded.
• Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms.
• Remote Communication Technique: A means that can be used to conclude an agreement without the consumer and the entrepreneur being present in the same place at the same time.

Article 2 - Identity of the Entrepreneur

Golden Vital & Beauty NL
Hoodweg 71D, 1175 KM Lijnden
Email address: info@herbaldrogist.com
Chamber of Commerce number: 75292068

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement 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 the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises, and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available to the consumer electronically before the distance agreement is concluded in such a way that the consumer can store it in a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs will apply accordingly, and in case of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

Article 4 - The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer will contain a complete and accurate description of the offered products, digital content, and/or services. The description will be sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these will accurately reflect the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer will contain such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may cancel the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal limits, inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors that are important for the responsible conclusion of the distance agreement. If the entrepreneur has good reasons to not conclude the agreement based on this research, they have the right to refuse an order or request, or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• The visiting address of the entrepreneur's establishment where the consumer can submit complaints;
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• Information about warranties and existing after-sales service;
• The price, including all taxes, of the product, service, or digital content; if applicable, the delivery costs; and the manner of payment, delivery, or execution of the distance agreement;
• The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• If the consumer has a right of withdrawal, the model withdrawal form. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

For Products:

The consumer can dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal but cannot require them to state their reason(s).
The reflection period referred to in paragraph 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

• If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have informed the consumer clearly before the order process, refuse an order of multiple products with different delivery times.
• If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
• For agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For Services and Digital Content Not Delivered on a Tangible Medium:

The consumer can dissolve an agreement for services and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal but cannot require them to state their reason(s).
The reflection period referred to in paragraph 3 starts the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium in the Event of Non-Disclosure of the Right of Withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period set in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the start of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 - Consumer's obligations during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would in a store.
The consumer is only liable for a decrease in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in the value of the product if the entrepreneur has not provided them with all the legally required information about the right of withdrawal before or at the time of entering into the agreement.

Article 8 - Exercising the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or by another clear method.
As soon as possible, but within 14 days following the day after the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has adhered to the return deadline if they return the product before the reflection period expires.
The consumer returns the product with all supplied accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur indicates they will bear the costs, the consumer does not have to bear the return costs.
If the consumer withdraws after having explicitly requested the performance of the service or the delivery of gas, water, or electricity that is not made ready for sale in a limited volume or amount during the reflection period, the consumer owes the entrepreneur an amount that is proportional to the part of the agreement that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the agreement.
The consumer does not bear any costs for the provision of services or the delivery of water, gas, or electricity that is not made ready for sale in a limited volume or amount, or for the delivery of district heating, if:

• The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
• The consumer has not explicitly requested the commencement of the service or the delivery of gas, water, electricity, or district heating during the reflection period.
  The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
• They have not explicitly agreed to the commencement of the performance of the agreement before the end of the reflection period;
• They have not acknowledged losing their right of withdrawal by granting their consent; or
• The entrepreneur has failed to confirm this declaration of the consumer.
  If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Entrepreneur’s obligations in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify their withdrawal electronically, they must promptly send an acknowledgment of receipt upon receiving this notification.
The entrepreneur must refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 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 refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
The entrepreneur uses the same payment method for the refund as the consumer used unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs of 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:

• Products or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot control and that may occur within the withdrawal period;
• Agreements concluded during a public auction. A public auction is understood to be a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
• Service agreements, after full performance of the service, but only if:
  • The performance has started with the explicit prior consent of the consumer; and
  • The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
• Package travel as referred to in Article 7:500 of the Civil Code and agreements for passenger transport;
• Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance and is not for residential purposes, goods transport, car rental services, or catering;
• Agreements related to leisure activities, if the agreement specifies a certain date or period of performance;
• Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products that, by their nature, are irrevocably mixed with other products after delivery;
• Alcoholic beverages whose price was agreed upon when concluding the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot control;
• Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
• Newspapers, magazines, or periodicals, except for subscriptions thereto;
• The supply of digital content not on a tangible medium, but only if:
  • The performance has begun with the explicit prior consent of the consumer; and
  • The consumer has declared that they lose their right of withdrawal.

Article 11 - Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and that the entrepreneur cannot control, at variable prices. This link to fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. They result from legal regulations or provisions; or
b. The consumer has the right to cancel the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.

Article 12 - Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer can make against the entrepreneur if the entrepreneur has failed to fulfill their part of the agreement.
An additional warranty refers to any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide if they have failed to fulfill their part of the agreement.

Article 13 - Delivery and Performance

The entrepreneur will exercise the utmost care in receiving and fulfilling product orders and evaluating service requests.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed or if an order can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to terminate the agreement without any costs and is entitled to compensation.
After termination as mentioned in the previous section, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless explicitly agreed otherwise.

Article 14 - Duration Transactions: Duration, Cancellation, and Extension

Cancellation:
The consumer may cancel an agreement that has been entered into for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement entered into for a fixed period and involves the regular delivery of products (including electricity) or services at any time, at the end of the fixed period, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous sections:

• At any time, without being restricted to a specific time or period;
• At least in the same manner as it was entered into;
• Always cancel with the same notice period as the entrepreneur has for themselves.

Extension:
An agreement entered into for a fixed period and involves the regular delivery of products (including electricity) or services may not be silently renewed or extended for a specific period.
However, an agreement entered into for a fixed period and involves the regular delivery of daily, weekly, and periodicals may be silently extended for a specific period of up to three months if the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement for the regular delivery of products or services can only be silently extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement involves the regular delivery of daily, weekly, and periodicals less than once a month.
A limited-term agreement for the delivery of daily, weekly, or periodicals for introductory purposes (trial or introductory subscription) will not be automatically continued and will end after the trial or introductory period.

Duration:
If an agreement lasts for more than a year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent cancellation before the agreed duration ends.

Article 15 - Payment

Unless otherwise agreed in the contract or additional terms, amounts due from the consumer must be paid within 14 days after the start of the reflection period, or if no reflection period is provided, within 14 days after the agreement is concluded. In the case of a service agreement, this period starts the day after the consumer receives the confirmation of the agreement.
In product sales to consumers, the consumer may never be required to prepay more than 50%. If prepayment is agreed, the consumer cannot claim any right regarding the execution of the relevant order or service(s) before the prepayment has been made.
The consumer is obligated to report any inaccuracies in provided or mentioned payment details promptly.
If the consumer fails to meet their payment obligations on time, after the entrepreneur has pointed out the late payment and allowed the consumer a period of 14 days to fulfill their payment obligations, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of 15% on amounts up to €2,500, 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered 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 and an indication of when the consumer can expect a more detailed response.
If the complaint is not resolved within a reasonable time or within three months after submission, a dispute arises that is subject to dispute resolution.
Since February 15, 2016, consumers in the EU can also submit complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not being handled elsewhere, you are free to submit it through the European Union's platform.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Additional or Deviating Provisions

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