Algemene voorwaarden

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 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 case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the General Terms and Conditions of Thuiswinkel

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract and these goods 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 make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Long-term agreement: an agreement that provides for the regular delivery of goods and/or services over a specific period;
Durable medium: any instrument – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Goodie: a good to be determined by the company;
Entrepreneur: the natural or legal person who offers products, content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the entrepreneur

Entrepreneur's name: Goldea Health BV
Trading under the name(s):
Goldea Health BV
Address: Joop Geesinkweg 128D, 1114AB Amsterdam

Email address: contact@goldea-health.nl

Chamber of Commerce number: 76872815
VAT number: NL860819486B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by 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. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product and/or service:
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.

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 the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with 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 by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this 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 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 himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer shall return 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.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement 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 30 days following the day on which the products were returned.
The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the 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 good time before the conclusion of the agreement:

Products that spoil quickly or have a limited shelf life;

Article 11 – The price

The entrepreneur reserves the right to change the prices of the products offered by it in the form of a service during the term of the service, in which case the entrepreneur will inform the consumer at least 14 days in advance and the consumer has the option to cancel the service within 10 days without the consumer owing any compensation for products not delivered.
Promotional codes and gift cards have the validity period stated by the entrepreneur upon issue.
Promotions and offers are valid as long as the company offers the promotion and/or offer.
The entrepreneur friends – discount codes may not be used for commercial purposes and/or purposes other than those for which they were issued.
Commercial purposes: It is in no case permitted to use the entrepreneur brand name and all possible combinations of misspells within url combinations to attract traffic that is used to distribute the friends discount code.
Purpose of issue: The friends discount code is intended to acquire new paying customers (via personal social media channels, email, word of mouth). Offering the friends discount code outside of personal channels (commercial channels) is not permitted under any circumstances.
Any (attempted) fraud or other unauthorized action will be registered and will result in the denial of the use of the friends discount codes. The entrepreneur reserves the right to settle the discount received and the accumulated credit retroactively.

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 legal provisions and/or government regulations in force on the date the agreement was concluded. 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 fulfil his part of the agreement.
An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or manufacturer 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 fulfil his part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will exercise the greatest possible 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 made known to the entrepreneur.
Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
If an agreement has been entered into for the monthly delivery of products or services, the consumer will receive a one-time free item to be determined by the company.
The consumer may terminate the agreements referred to in the previous paragraphs:

Extension:

An agreement entered into for a fixed period and aimed at the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may 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 provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Article 15 – Payment

For payment, the consumer can only use the payment options offered by the entrepreneur.
When using a payment link sent by the entrepreneur to the consumer for direct debit, the consumer gives the entrepreneur permission to also collect future payments from the relevant account number.
Payment will be made within 14 days after a purchase agreement has been concluded. Periodic payment will be made prior to each service period.
In the event of late payment, for example due to a reversal of the debited amounts or due to insufficient funds on the relevant account, an amount of EUR 5.00 will be charged in costs.
If payment is not made within the period stated in the first reminder, the entrepreneur is entitled to unilaterally terminate the service with immediate effect, without prejudice to the right to compensation and the right to collect overdue payments and to recover the associated collection costs from the consumer.
The products remain the property of the entrepreneur until the consumer has paid for the products.
Invoices and payment reminders are sent by the entrepreneur exclusively electronically.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints 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 a period of 14 days 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 confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Amendment of the General Terms and Conditions

The entrepreneur reserves the right to change these general terms and conditions at any time.

Last update: Amsterdam, August 2023

Appendix I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to cancel the agreement)

To: Goldea Health BV, Faradaystraat 14, 6718 XT Ede

contact@www.goldea-health.com
I/We* hereby inform you that I/we* terminate our agreement regarding

the sale of the following products: [product designation]*

the performance of the following service: [service designation]*,

revokes/revoked*

Ordered on*/received on* [date of ordering for services or receiving for products]
[Consumer(s) Name]
[Consumer(s) address]
[Signature of consumer(s)] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.