Terms & Conditions

These General Terms and Conditions of bioQuad Europe BV have been drawn up in consultation with the Consumers' Association in the context of the Coordination Group Self-regulation Consultation (CZ) of the Social-Economic Council and come into effect on June 1, 2014. These General Terms and Conditions will be used by all members of the bioQuad Europe BV, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

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 cooling-off period

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

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, cancellation and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Additional or deviating provisions

Article 20 – Changes to the general terms and conditions of bioQuad Europe

 

Article 1 – Definitions

In these conditions, the following definitions apply:

  • Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
  • Day: calendar day;
  • Digital content: data produced and delivered in digital form;
  • Duration agreement: an agreement that extends to the regular delivery of goods, services, and/or digital content during a certain period;
  • Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  • Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services remotely to consumers;
  • Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content, and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement. uses one or more techniques for remote communication;
  • Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
  • Producer: Production company of the offer sold by the entrepreneur;
  • Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

 

Article 2 – Identity of the entrepreneur

Name of entrepreneur: bioQuad Europe BV;
Business address: Science Park 402, 1098 XH Amsterdam, The Netherlands;
E-mail: service@bioquad.eu;
Chamber of Commerce number: 68996268;
VAT identification number: NL857681412B01.

 

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.

 

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer contains a complete and accurate description of the products, digital content, and/or services offered. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

 

Article 5 – The agreement

The agreement is concluded, subject to the provisions of Article 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.

 

Article 6 - Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The cooling-off period starts on the day after the consumer has received the product. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product.

 

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

If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal

  • If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
  • The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  • The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund 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 does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of 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, at least in time before concluding the agreement:
  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
  • Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
  • Service agreements, after full performance of the service, but only if the performance has started with the express prior consent of the consumer; and the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.
  • Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services, and catering.
  • Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution.
    Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of 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 of which the seal has been broken after delivery.
  • Products that, by their nature, are irreversibly mixed with other products after delivery.
  • Sealed image, audio, video recordings and computer software (marketing materials), of which the seal has been broken after delivery.
  • Newspapers, periodicals or magazines, with the exception of subscriptions thereto.
  • The supply of digital content other than on a tangible medium, but only if the performance has started with the express prior consent of the consumer; and the consumer has stated that he thereby loses his right of withdrawal.

 

Article 11 – The Price

  • During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  • Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  • Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and these are the result of legal regulations or provisions; or the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  • The prices stated in the offer of products or services include VAT.

 

Article 12 – Compliance with 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 reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  • An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

 

Article 13 – Delivery and Execution

  • The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has communicated to the entrepreneur.
  • Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  • After dissolution in accordance with the previous paragraph, 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 the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

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

Termination:

  • The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can terminate agreements referred to in the previous paragraphs in the manner and at the same time as they have been entered into by the consumer.
  • If an agreement is entered into for a fixed period and has a duration of more than one year, after a year the consumer can terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Extension:

  • An agreement entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
  • Notwithstanding the previous paragraph, an agreement entered into for a fixed period that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
  • An agreement entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  • If an agreement has a duration of more than one year, after a year the consumer can terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

 

Article 15 – Payment

  • Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  • When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) before the stipulated advance payment has been made.
  • The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  • If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the entrepreneur is entitled to charge the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages for the benefit of the consumer.

 

Article 16 – Complaints Procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  • The entrepreneur will respond to the complaints submitted within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  • 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

  • Contracts between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
  • Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements with regard to products and services to be delivered or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Dutch Foundation for Consumer Complaints Boards, PO Box 90600, 2509 LP, The Hague (www.sgc.nl).
  • A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
    No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
  • When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably the consumer reports this to the entrepreneur first.
  • If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer will have to state in writing within five weeks after a written request made by the entrepreneur whether he also wishes to do so or whether he wants to have the dispute handled by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
  • The Disputes Committee will not handle a dispute or will discontinue the handling of it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated its business activities before a dispute has been handled by the committee at the hearing and a final ruling has been made.
  • If, in addition to the Disputes Committee, another recognized or affiliated dispute committee is competent (SGC or Kifid), the consumer has the choice of which committee to submit the dispute to. This applies to disputes mainly concerning the method of selling or providing services remotely. For all other disputes, the other recognized dispute committee affiliated with SGC or Kifid.

 

Article 18 – Industry Guarantee

The Nederlandse Thuiswinkel Organisatie guarantees compliance with the binding advice of the Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee will be revived if the binding advice has been upheld after review by the court and the judgment showing this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by the industry organization. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remaining amount, the industry organization has a best efforts obligation to ensure that the member complies with the binding advice.
For the application of this guarantee, the consumer must make a written appeal to the industry organization and transfer his claim against the entrepreneur to the industry organization. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim for the excess amount to the industry organization, after which this organization will pay out in its own name and costs this claim in court to satisfy the consumer.

 

Article 19 – Additional or Different Provisions
Additional provisions or provisions deviating 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 medium.

 

Article 20 – Amendment to the General Terms and Conditions
Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.