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Terms and Conditions

General Terms and Conditions Maxxwellness

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Long-term transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Complaints procedure

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Withdrawal period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distant contract with the trader;
Day : calendar day;
Long term transaction : a distant contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the option for the consumer to cancel the distant contract within the cooling-off period;
Model form : the model withdrawal form that the trader makes available that a consumer can fill in if he wants to make use of his right of withdrawal.
trader : the natural or legal person who offers products and / or services to consumers from a distant;
Distant contract : an agreement whereby, in the context of a system organized by the trader for distant sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distant communication are used;
Technology for distant communication : means that can be used to conclude an agreement, without the consumer and trader being in the same room at the same time.
General Terms and Conditions : the present General Terms and Conditions of the trader.

Article 2 - Identity of the trading company

Maxx Wellness BV, trading name Harsdiscounter.nl

Weerenweg 11 B

1161 AE Zwanenburg

Telephone number: +31 (0) 20-4970819 Available daily on working days from 8 a.m. to 6 p.m (CET)

E-mail address: [email protected]

Chamber of Commerce number: 66242533

VAT identification number: NL856459069B01

Article 3 - Application

These general terms and conditions apply to every offer from the trader and to every distant contract and orders between the trader and consumer.
Before the distant contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distant contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distant contract is concluded electronically, by way of derogation from the previous paragraph and before the distant contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distant contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and 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 is without obligation. The trader is entitled to change and adapt 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 make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images with products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the possible costs of shipping;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the term for accepting the offer, or the term within which the trader guarantees the price;
the level of the rate for distant communication if the costs of using the technique for distant communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after the conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distant contract in the event of a length transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distant contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the business location of the trader where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the trader, the purchase is a fact.

When providing services:

When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the trader with the offer and / or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of right of withdrawal

The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the trader in accordance with the specifications of the consumer;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. the price of which is dependent on fluctuations in the financial market on which the trader has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;

c. regarding betting and lotteries.

Article 9 - 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 due to changes in VAT rates.
Contrary to the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any stated prices 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 statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the trader is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

The trader 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 trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within X days / weeks after delivery. Return of the products must be in the original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the contract, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the trader and / or have been treated on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.

Article 11 - Delivery and performance

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the trader will repay the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the trader.
The risk of damage and / or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and announced to the trader, unless expressly agreed otherwise.

Article 12 - Long-term 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 with due observance of 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 definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
The consumer can the agreements mentioned in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they entered into by him;
always cancel with the same notice period as the trader has stipulated for himself.

Renewal

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of 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 at the end of the trial or introductory period.

Expensive

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences. after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the trader within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
5. In case of complaints, a consumer should first turn to the trader. In case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Should there not yet come to a solution, the consumer has the option to Stichting Dispute Online ( www.geschilonline.com to treat), the decision thereof is binding and both traders and consumers agree with this binding judgment. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
7. If a complaint is found to be well-founded by the trader, the trader will replace or repair the products delivered free of charge at his choice.

Article 15 - Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply. Even if the consumer does not live in The Netherlands.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating 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 data carrier.

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