General terms and conditions of sale of Borealis Pharma B.V.
Table of content
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Scope of application
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Obligations of the consumer during the cooling-off period
- Article 8 – Exercising the right of withdrawal by the consumer and cost
- Article 9 – Obligations of the entrepreneur in the case of withdrawals
- Article 10 – The price
- Article 11 – Performance and extra warranty
- Article 12 – Delivery and execution
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or different terms
Article 1 – Definitions
In these conditions, the following definitions shall apply:
- Additional agreement means an agreement whereby the consumer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Expensive agreement: an agreement that aims at the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable medium: any device ? including email ? that enables the consumer or business owner information that is addressed to him personally, store in a way that future consultation or using it over a period of time adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
- Entrepreneur: Borealis Pharma B.V.;
- Distance contract: an agreement between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur have to be met in the same room;
Article 2 – Identity of the entrepreneur
Borealis Pharma B.V.
Acting under the trademark: PuroVitalis
Location-& visiting address:
1119 PB Schiphol-Rijk
Telephone Netherlands: +31 850 706 650
E-mail: [email protected]
Chamber of Commerce number: 82191433
Netherlands VAT identification number: NL862370528B01
Article 3 – Applicability
- These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will before the distance contract is concluded, which the General conditions at the entrepreneur and that at the request of the consumer as quickly as possible be sent free of charge.
- If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can easily stored on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer’s request, by electronic means or otherwise will be sent free of charge.
- In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
- Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
- The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will provide appropriate security measures.
- The entrepreneur will provide, upon delivery of the product, to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
- the visiting address of the entrepreneur ‘s business where the consumer can lodge complaints;
- the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on existing after-sales service and guarantees;
- the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
Article 6 – Right of withdrawal
- The consumer may withdraw the contract with respect to the purchase of a product during a cooling-off period of 14 days without giving any reason, provided that the package remains unopened. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
- The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or
- If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, the final product has received. The entrepreneur may, provided that it the consumer here prior to the ordering process clearly has informed, on an order of several products with different delivery time refuse.
- If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
- In case of agreements for regular delivery of products over a period of time: the day on which the consumer, or a third party designated by him, the first product has received.
At services and digital content that is not on a material carrier is supplied:
Article 7 – Obligations of the consumer during the cooling-off period
- During this period the consumer shall handle the product and its packaging with care. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would in a store.
- The consumer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the entrepreneur informed the consumer not before or at the conclusion of the agreement all mandatory information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and cost
- If the consumer exercises his right of withdrawal, he reports this within the cooling-off period unambiguously to the entrepreneur.
- As fast as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands over this (a representative of) the entrepreneur. This need not be if the entrepreneur has offered to take the product away. The consumer has respected the return term in each case if he returns the product before the withdrawal period has expired.
- The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product.
Article 9 – Obligations of the entrepreneur in the case of withdrawals
- If the entrepreneur offers the possibility of withdrawal by the consumer electronically, it sends an acknowledgement of receipt of this notification without delay.
- The entrepreneur shall reimburse all payments from the consumer, including any delivery charges, will be reimbursed by the company for the returned product without delay, but within 14 days following the day on which the consumer him the withdrawal reports. Unless the entrepreneur offers to take away the product itself, he may postpone payment until he has received the product or when the consumer shows that he has returned the product, according to what time is earlier.
- The entrepreneur uses to refund the same method of payment that the consumer has used, unless the consumer consents to another method. The repayment is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur has no obligation to refund these additional costs for the more expensive method.
Article 10 – The price
- During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products with variable prices whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control over these fluctuations.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the consumer has agreed and:
– they are the result of statutory regulations or provisions;or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
– The prices mentioned in the offer include VAT.
- The prices mentioned in the offer include VAT.
Article 11 – Execution of of the agreement and additional guarantees
- The entrepreneur guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and existing legal provisions and/or Government regulations that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can apply under the agreement if the entrepreneur has been guilty of serious misconduct in the performance of his part of the agreement.
- Extra guaranteed shall mean any obligation from the entrepreneur, his supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond that is required by law in case of failure to perform his part of the agreement.
Article 12 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address that the consumer informed the entrepreneur about.
- Subject to this in article 4 of these general conditions, the entrepreneur shall execute orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will be informed of this no later than 30 days after the order was placed. In that case the consumer will have the right to terminate the contract without penalty and will be entitle right to possible compensation.
- After termination of the agreement in accordance with the previous paragraph, the entrepreneur will refund the consumer with the sum paid without delay.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless otherwise expressly agreed.
Article 13 – Payment
- Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the close of the agreement.
- When advanced payment is agreed, the consumer may not claim any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
- The consumer is obliged to report inaccuracies in payment data to the entrepreneur without delay.
- If the consumer does not make his payment obligation (s), and the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, the entrepreneur will be entitled to claim statutory interest and the extrajudicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts to € 2,500, =; 10% over the subsequent € 2,500, = and 5% on the following € 5,000.00 with a minimum of € 40,00. The entrepreneur can for the benefit of consumers differ from amounts and percentages.
Article 14 – Complaints procedure
- The entrepreneur has a complaints procedure and deals with the complaint inaccordance with this complaints procedure.
- Complaints about defects should be fully and clearly described and submitted to the entrepreneur after the consumer has found these defects.
- The entrepreneur will reply with a message of receipt and an indication when the consumer can expect a more detailed answer within the period of 14 days.
Article 15 – Disputes
- Dutch law is exclusively applicable on the agreements between consumer and enrepreneur.
- Disputes between the consumer and the entrepreneur will be brought tot he attention of the competent court within the area where consumer resides.
Article 16 – Additional or different terms
Additional or different terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.