General conditions

Article 1 - Definitions.

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

HeByNa: user of these general terms and conditions and other party of the consumer;

  1. Consumer: the natural person not acting in the exercise of a profession or business who enters into an agreement (at a distance) with HeByNa;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier means any means that enables the consumer or HeByNa to store information addressed to him personally in a manner that permits future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
  7. Distance agreement: the agreement under which, in the context of a system organized by HeByNa for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication, such as a webshop and email traffic.

 

Article 2 - Identity of the user
Health By Nature / HeByNa B.V.
Hooglandsedijk 3
4589 RW Ossenisse

Correspondence address:
PO Box 20,
4587 ZG Kloosterzande

Email address: info@hebyna.com
Chamber of Commerce number: 74951300
VAT: NL860083986B01

 

Article 3 - Applicability.

  1. These general terms and conditions apply to every offer made by HeByNa and to every distance contract between consumers and HeByNa.
  2. The text of these general terms and conditions shall be made available to the consumer by HeByNa, either by sending it free of charge or by referring to the place where the consumer can download these general terms and conditions, prior to the conclusion of the agreement.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these general conditions may be made available to the consumer electronically, so that they can be stored on a durable data carrier. If this is not reasonably possible, HeByNa shall, before the distance contract is concluded, indicate where the consumer can learn of the general terms and conditions electronically. At the consumer's request, the general terms and conditions will be sent to him electronically or otherwise.
  4. If different product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly. In case of conflict between the provisions of the different conditions, the consumer may rely on the applicable provision that is most favorable to him.
  5. All intellectual property rights relating to the website, web store, including the software, texts, images and sounds, belong to HeByNa and/or to a third party from whom HeByNa has obtained a right of use. The consumer shall refrain from infringing these intellectual property rights. Sharing, (deep)linking to, embedding, copying and editing original content of the website or use of the HeByNa logo always requires the prior written consent of HeByNa.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. If HeByNa 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 HeByNa.
  3. HeByNa strives to inform consumers as clearly as possible about the rights and obligations associated with acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the cost of delivery, if any;
    • The manner in which the agreement will be established and what actions are necessary to do so;
    • Whether or not cooling-off periods and the right of withdrawal apply;
    • the method of payment, delivery and performance of the agreement;
    • the period for acceptance of the offer, or the period within which HeByNa guarantees a certain price;
    • the way in which the consumer, before the conclusion of the agreement, can check and, if desired, rectify the data provided by him under the agreement;
    • The minimum duration of the distance contract in the case of an endurance transaction.

 

Article 5 - The Agreement

  1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, HeByNa shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by HeByNa, the consumer may dissolve the agreement.
  3. In case the agreement is concluded electronically, appropriate technical and organizational measures to secure the electronic transmission of data shall apply. HeByNa shall at all times act in accordance with the General Data Protection Regulation. The consumer acknowledges that he has taken note of and agrees to HeByNa's privacy policy.
  4. HeByNa is entitled to make inquiries into the creditworthiness of the consumer, as well as all those facts and factors that are reasonably relevant to the responsible conclusion of the distance contract. If, based on this investigation, HeByNa has good grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution.
  5. HeByNa will include the following information with the product or service to the consumer:
    • the visiting address of the branch of HeByNa to which the consumer can address complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the cooling-off period and the right of withdrawal;
    • the information on warranties and existing after-purchase service;
    • the data included in Article 4 paragraph 3 of these conditions, unless HeByNa has already provided this data to the consumer prior to the execution of the agreement;
    • how to terminate an agreement with a term of more than one year.
  6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
  7. Consumers must be 18 years of age or older when placing orders through the webshop or creating an account. If the consumer is under 18 years of age, the express consent of their legal representatives must be obtained.

 

Article 6 - Exclusion of right of withdrawal

  1. HeByNa may exclude the consumer's right of withdrawal for the cases mentioned in paragraph 2 of this article.
  2. Exclusion of the right of withdrawal is possible for products:
    a. that have been created by HeByNa in accordance with consumer specifications;
    b. that are clearly personal in nature;
    c. that cannot be returned due to their nature;
    d. that spoil or age quickly.
  3. HeByNa will inform the consumer of the absence of the right of withdrawal in the above cases in a timely manner.

 

Article 7 - The price

  1. During the validity period 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.
  2. Notwithstanding the previous paragraph, HeByNa may offer products or services whose prices are subject to fluctuations in the financial market and over which it has no reasonable control, with variable prices. In that case, HeByNa uses target prices. If this should be the case, the offer will explicitly state that the prices stated are target prices.
  3. Price increases within 3 months of the conclusion of the agreement are allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are allowed if HeByNa has stipulated them and:
    a. they are the result of statutory regulations or provisions; or
    b. the consumer is authorized to cancel the agreement as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.
  6. The prices listed in the online store may differ slightly from the prices in our physical outlets (for example, in the case of in-store offers).
  7.  For all web store products, the consumer pays the web store price of the item at the time of ordering. No rights can be derived from the circumstance that a physical outlet may have different prices.
  8. The offers listed in the online store apply only to online store orders made within the period for which the offer applies and while supplies last.

 

Article 8 - Conformity and Warranty

  1. HeByNa 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 existing on the date of the conclusion of the agreement.
  2. Any warranty provided by HeByNa does not affect the legal rights and claims that the consumer may assert against HeByNa under the agreement.

Article 9 - Delivery and execution

  1. HeByNa will take the utmost care in executing the agreement entered into with the consumer.
  2. The place of delivery is the address that the consumer has made known to HeByNa.
  3. Subject to the provisions of Article 4 of these General Terms and Conditions, HeByNa shall execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.
  4. In case of dissolution in accordance with the preceding paragraph, HeByNa will refund all or part of the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, HeByNa will make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by HeByNa.
  6. The risk of damage and/or loss of products rests with HeByNa until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.

 

Article 10 Force Majeure

  1. HeByNa is not obliged to fulfill any obligation to the consumer if it is prevented from doing so as a result of force majeure. This always refers to a circumstance that is not due to the fault of HeByNa and is not for its account under the law, a legal act or generally accepted practice.
  2. In addition to its definition in law and case law, force majeure in these general terms and conditions shall include all external causes, foreseen or unforeseen, over which HeByNa has no control, and which prevent HeByNa from being able to meet its obligations. This includes strikes at the company of HeByNa or third parties. HeByNa shall make every effort to inform the consumer of the force majeure situation as soon as possible.
  3.    HeByNa is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after HeByNa should have fulfilled its commitment.
  4. HeByNa is entitled to suspend its obligations under the agreement for as long as the force majeure situation continues. If this period lasts longer than two months, both parties may dissolve the agreement without any obligation to compensate the other party for damages.
  5. If at the time of the occurrence of force majeure HeByNa has already (partially) fulfilled its obligations under the agreement or will be able to fulfill them, and the fulfilled or still to be fulfilled part has independent value, it is entitled to invoice the fulfilled or still to be fulfilled part separately. The consumer is obliged to pay this invoice as if it were a separate agreement.

Article 11 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days of receipt of the order confirmation.
  2. The consumer has a duty to immediately report inaccuracies in payment information provided or stated to HeByNa.
  3. In case of failure, untimely or incomplete payment by the consumer, subject to legal restrictions, HeByNa is entitled to charge the consumer reasonable costs -including statutory interest and collection costs- related to collection of the amounts.

Article 12 - Complaints procedure

  1. HeByNa has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the agreement must be submitted to HeByNa within a reasonable time, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to HeByNa will be answered within 21 days from the date of receipt. If a complaint requires a foreseeably longer processing time, HeByNa will notify the consumer within 21 days, stating the expected processing time.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.

 

Article 13 - Applicable law and disputes.

  1. Agreements between HeByNa and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.
  2. If there is a dispute in connection with or arising from the agreement entered into between the consumer and HeByNa, and the dispute cannot be resolved in accordance with the complaints procedure, both parties are authorized to submit the dispute to the court in the consumer's place of residence.

 

Article 14- Partial validity; additional or different provisions

  1. If one or more provisions of these general terms and conditions should at any time be wholly or partially void or voidable, the other provisions of these general terms and conditions shall remain in full force and effect. HeByNa and the consumer will agree on new provisions in consultation, taking into account as much as possible the purpose and meaning of the original provisions.
  2. HeByNa reserves the right to supplement or amend these general terms and conditions. In that case, the consumer will be notified of the change through a general announcement on HeByNa's website.

 

VERSION 1.0 APRIL 2020 All rights reserved.