General Terms and Conditions Charlotte Labee
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 reflection 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 - Performance and extra guarantee
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 - Sector guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the Thuiswinkel General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
7. Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period adapted to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal for their order;
12. Remote communication technique: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same space.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Brain Balance B.V.
Operating under the name/names:
Brain Balance, Charlotte Labee
Registered address:
Theodoor Colenbranderhof 3
3059 LS Rotterdam
The Netherlands
Phone number: +31107470160
Availability:
From Monday to Friday from 09:00 to 17:00
Email address: info@charlottelabee.com
Chamber of Commerce number: 80973469
VAT number: NL861873701B01
If the entrepreneur's activity is subject to a relevant licensing system: the details of the
supervisory authority.
If the entrepreneur exercises a regulated profession:
- the professional association or organization to which they belong;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement 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 agreement is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means upon request of the consumer.
4. 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 in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.
Article 4 - The offer
1. If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
Article 5 - The agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or execution of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
f. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The reflection 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, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them 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
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by means of the model withdrawal form or by other unambiguous means.
2. 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 themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.
6. If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation upon withdrawal or the model withdrawal form, or;
b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. they have not explicitly consented to the commencement of the performance of the agreement before the end of the reflection period prior to its delivery;
b. they have not acknowledged losing their right of withdrawal when giving their consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will send an acknowledgment of receipt immediately after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. 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 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, or at least in good time before the conclusion of the agreement:
1. 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
2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has commenced with the explicit prior consent of the consumer; and
b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. 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;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages for which the price was agreed upon when the contract was concluded, but which can only be delivered after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur's control;
12. Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
13. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
14. The delivery of digital content not on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices must be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the contract on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. Unfortunately, discounts on discounts are not applicable.
Article 12 - Performance of the agreement and extra guarantee
1. 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional guarantee means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to fulfill their part of the agreement.
Article 13 - Delivery and Execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. 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, termination, and extension
Termination:
1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time against the end of the definite period, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
a. at any time and not be limited to termination at a specific time or in a specific period;
b. at least in the same way as they were entered into;
c. always with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. 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 terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate 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 duration.
Article 15 - Payment
1. 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 for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer does not meet their payment obligation(s) in time, after being notified by the entrepreneur of the late payment and being granted a period of 14 days by the entrepreneur to still meet their payment obligations, after the failure to pay within this 14-day period, they will owe the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 in favor of the consumer.
Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
5. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. If the entrepreneur directs their activities to the country where the consumer resides, the consumer can always also invoke the mandatory consumer law of their country.
2. Disputes between the consumer and the entrepreneur concerning the conclusion or execution of agreements with regard to products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur of this.
6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether they also wish to do so or whether they wish to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee will rule under the conditions as established in the rules of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a moratorium on payments, has been declared bankrupt, or has actually ceased their business activities, before a dispute has been handled by the committee at the hearing and a final judgment has been rendered.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Disputes Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes concerning mainly the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 - Industry Guarantee
1. Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice has been upheld by the court after review and the judgment showing this has become final and conclusive. Up to a maximum of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
2. For the application of this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and that they transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will demand payment thereof in court in its own name and at its own expense to satisfy the consumer.
Article 19 - Additional or Deviating Provisions
Additional or deviating provisions 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.
Article 20 - Amendment of the General Terms and Conditions of Thuiswinkel.org
1. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede