General Terms and Conditions of Sale of Integrative Health B.V.
(as of 30.09.2022)
Section 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online shop between us, the
Integrative Health B.V., Liesstraat 6, 4838GT Breda (The Netherlands), Kamer van Koophandel, KvK number 76077063, Managing Director: Maxime Vaeremans, telephone number: +49 (0) 123 44 55 66, e-mail: firstname.lastname@example.org (hereinafter: we/us or Seller)
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
Section 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) If you wish to purchase one of our products, click on it and place it in the virtual shopping basket by clicking on the "Add to shopping basket" button. You can change the products in your shopping cart as well as the quantity and also your personal data at any time before submitting the order and thereby correct input errors. By sending an order via the online shop by clicking the button "order with obligation to pay", you place a legally binding order (offer). However, you can only place an order if you have previously accepted these contractual terms and conditions by checking the box in front of "I have taken note of the General Terms and Conditions, Instructions on withdrawal and Data Protection Policy and accept the General Terms and Conditions" and have thereby included them in your application. You are bound to your order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to Section 3 remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance (order confirmation) issued by means of a separate e-mail or by delivery of the ordered items. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to you by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(6) The contract shall be concluded in German or English.
Section 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for for purposes that predominantly are outside his trade, business or profession), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with clause 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of withdrawal shall be governed by the provisions which are set out in detail in the following
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Integrative Health B.V., Liesstraat 6, 4838GT Breda (Niederlande), Tel.: +49 162 2345723, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Integrative Health B.V., Liesstraat 6, 4838GT Breda (The Netherlands), Email: firstname.lastname@example.org
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Section 4 Terms of delivery and delivery times
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is three to five (3-5) working days, unless otherwise agreed. It begins with the conclusion of the contract.
Section 5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred.
(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order in accordance with Section 4 (1) by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with Section 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation Section 3 (3)).
Section 6 Terms of payment, set-off and right of retention
(1) You can pay the purchase price and shipping costs at your choice either by credit card, PayPal, amazon pay, SEPA Bank Transfer, EPS, KBC/CBC, Belfius, SOFORT, GiroPay, Shop Pay und Google Pay.
(2) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
Section 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
Section 8 Warranty
We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions.
Section 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
Section 10 Copyrights
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
Section 11 Applicable law, place of jurisdiction, dispute resolution
(1) The law of The Netherlands shall apply. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
(2) If you have not placed the order as a consumer, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be, at our discretion, either our registered office or your domicile/registered office or Wiesbaden (Germany).
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.