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    Terms & conditions

    General terms and conditions BeeBalm Care

    1. Definitions

    1.1 BeeBalm Care: BeeBalm Care V.O.F ..., located in (2022CP) Haarlem at the address Zaanenstraat 10-zw, Chamber of Commerce: 78275059, VAT identification number: NL861 327536B01, ([email protected])


    1.2 Consumer-customer: the natural person, not acting in the exercise of a profession or business to whom BeeBalm Care supplies or sells goods, and his representative (s), authorized representative (s), legal successors and / or heirs.

    1.3 Customer: the natural person and / or legal entity, acting in the exercise of a profession or business, to whom BeeBalm Care supplies or sells goods and / or services, and his representative (s), authorized representative (s), legal successors. and / or heirs.

    1.4 Agreement: the agreement concluded between BeeBalm Care and Consumer-Customer and / or Customer regarding the sale or delivery of goods and / or the provision of services to which these general terms and conditions apply.

    PART I.

    Unless otherwise specified, the provisions of PART I of these general terms and conditions apply both to Agreements with Customers and Agreements with Consumer-customers.

    2. General

    2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements from and / or with BeeBalm Care.

    2.2 By placing an order, the Consumer-Customer and / or Customer indicates that they agree with the general terms and conditions.

    2.3 All offers and / or quotations from BeeBalm Care are without obligation, unless explicitly stated otherwise by BeeBalm Care in writing.

    2.4 All images, specifications and / or data in offers and / or quotations from BeeBalm Care are an indication and cannot give rise to compensation or termination of the Agreement.

    2.5 Offers and / or quotations from BeeBalm Care do not automatically apply to repeat orders.

    2.6 BeeBalm Care reserves the right to correct obvious mistakes and / or clerical errors in offers and / or quotations. No liability is accepted for the consequences of errors. BeeBalm Care cannot be held to its offer if the Consumer-Customer and / or Customer should have understood that the offer and / or quotation, or any part thereof, contained an obvious mistake or error.

    2.7 Deviations and additions to these general terms and conditions are only valid if they have been explicitly agreed in writing.

    2.8 Any additional (oral) agreements and / or promises made by or on behalf of BeeBalm Care are only binding if explicitly confirmed in writing by BeeBalm Care.

    2.9 The application of any conditions used by the Consumer-Customer and / or Customer is hereby expressly rejected.

    2.10 If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and effect.

    2.11 If the Consumer-Customer and / or Customer consists of more than one (legal) person, each of these (legal) persons are jointly and severally bound to BeeBalm Care for the obligations arising from the Agreement.

    2.12 BeeBalm Care has the right to change and / or supplement these general terms and conditions.

    2.13 Without written permission from BeeBalm Care, the Consumer-Customer and / or Customer is not entitled to transfer any right or any obligation under the Agreement to third parties.

    3. Formation of the Agreement

    3.1 Subject to the provisions of articles 3.3 and 3.4 of these general terms and conditions, the Agreement is concluded by written confirmation by BeeBalm Care of the acceptance of the offer by the Consumer-Customer and / or Customer.

    3.2 If the Consumer-Customer and / or Customer has accepted BeeBalm Care's offer electronically, BeeBalm Care will electronically confirm acceptance of the offer by the Consumer-Customer and / or Customer.

    3.3 BeeBalm Care reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and / or Customer without stating reasons or to only accept it under the condition that the shipment cash on delivery or after payment in advance.

    3.4 BeeBalm Care is entitled to carry out a check in the event of an order where payment is made afterwards or a credit card. Based on this check, BeeBalm Care can offer an alternative payment method or refuse the conclusion of the Agreement. For larger amounts BeeBalm Care can set the condition that the order is sent cash on delivery. In this case BeeBalm Care pays the cash on delivery costs.

    3.5 If the conclusion of the Agreement is refused by BeeBalm Care on the basis of articles 3.3 and / or 3.4 of these general terms and conditions, the Consumer-Customer and / or Customer cannot claim compensation.

    3.6 If BeeBalm Care makes use of its rights under articles 3.3 and / or 3.4 of these general terms and conditions while the order has already been paid, BeeBalm Care will try to refund the payment via the payment method used by the Consumer-Customer and / or Customer. . If this is not possible, BeeBalm Care will contact the Consumer-customer and / or Customer in order to refund the payment via another method.

    3.7 BeeBalm Care is entitled to execute the Agreement in different phases.

    3.8 Each Agreement is entered into under the resolutive condition of sufficient availability of the items concerned.

    4. Prices

    4.1 All prices quoted are in Euro and include VAT.

    4.2 All prices quoted are exclusive of packaging, dispatch or delivery costs, unless otherwise agreed in writing.

    4.3 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.

    5. Payment

    5.1 BeeBalm Care is entitled to invoice immediately after the Agreement with the Consumer-Customer and / or Customer has been concluded.

    5.2 Payment of (online) invoices takes place within 14 days after the invoice date in a manner specified by BeeBalm Care and on the payment conditions specified by BeeBalm Care. If AfterPay is chosen, the payment conditions of AfterPay will apply.

    5.3 In case of late payment by the Consumer-Customer and / or Customer, BeeBalm Care has the right to dissolve the Agreement. In that case the Consumer-Customer and / or Customer cannot claim compensation.

    5.4 The Customer is not entitled to set off or to suspend a payment.

    6. Delivery

    6.1 BeeBalm Care will deliver the purchased goods or services after the full invoice amount as well as the additional (shipping) costs have been paid to BeeBalm Care by the Consumer-Customer and / or Customer, unless otherwise agreed.

    6.2 The place of delivery is the address that the Consumer-Customer and / or Customer has made known to BeeBalm Care.

    6.3 The delivery times as stated in the offers or on the BeeBalm Care website are indicative. No rights can therefore be derived from the aforementioned periods. BeeBalm Care will execute accepted Agreements with a Consumer-Customer with due speed, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the Consumer-Customer will be notified of this no later than 30 days after placing the order. In that case, the Consumer-Customer has the right to terminate the Agreement free of charge.

    6.4 The risk of damage and / or loss of goods rests with BeeBalm Care until the moment of delivery to the Consumer-Customer or his pre-designated representative made known to BeeBalm Care, unless expressly agreed otherwise.

    6.5 If the Agreement has been concluded with a Customer, delivery will take place ex warehouse. From the moment of delivery, the risk of damage and / or loss of goods rests with the Buyer.

    7. Warranty and complaints

    7.1 The Consumer-Customer and / or Customer is obliged to inspect the delivered goods at the time of delivery or have them inspected. If it appears that the delivered item is wrong, inadequate or incomplete, the Consumer-customer and / or Customer (before proceeding to return it to BeeBalm Care) must immediately report these defects to BeeBalm Care in writing. Any defects or incorrectly delivered goods must and can be reported to BeeBalm Care in writing no later than 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.

    7.2 If the Agreement has been concluded with a Customer, any visible defects must be reported to BeeBalm Care in writing within 3 working days after delivery, under penalty of forfeiture of rights.

    7.3 BeeBalm Care's warranty scheme and term corresponds to the factory warranty term of the delivered goods. However, BeeBalm Care is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-Customer and / or Customer, nor for any advice regarding the use or application of the delivered goods.

    7.4 If complaints from the Consumer-Customer and / or Customer are found by BeeBalm Care, BeeBalm Care will, at its option, either replace the goods delivered free of charge or make a written arrangement with the Consumer-Customer and / or Customer about the compensation, with on the understanding that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned. However, BeeBalm Care is in all cases only liable within the limits of the provisions of article 11 of these general terms and conditions.

    7.5 The warranty in article 7.4 lapses if:

    a) The Consumer-Customer and / or Customer has repaired and / or processed the delivered goods themselves or has them repaired and / or processed by third parties;

    b) The delivered goods have been exposed to abnormal circumstances or have otherwise been handled carelessly or contrary to the instructions of BeeBalm Care and / or have been treated on the packaging or labels;

    c) The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

    8. Returns

    8.1 Return of delivered goods takes place at the expense and risk of the Consumer-Customer and / or Customer and is only permitted after written permission from BeeBalm Care under the conditions to be set by it.

    8.2 Fully or partially processed goods, damaged goods and packaged goods, of which the packaging is missing, can never be returned.

    9. Retention of title

    9.1 All goods delivered to the Consumer-Customer and / or Customer remain the property of BeeBalm Care, all amounts that the Consumer-Customer and / or Customer owes for the goods delivered under the Agreement, as well as all amounts due to any failure to meet the payment obligations, be fully complied with BeeBalm Care.

    9.2 As long as ownership of the delivered goods has not passed to the Consumer-Customer and / or Customer, the latter may not pledge or transfer ownership of the goods or grant any other right thereto to third parties.

    9.3 The Customer is permitted to sell and deliver the goods delivered subject to retention of title to third parties in the course of its normal business. The customer is obliged to keep the goods delivered under retention of title separately with due care and as recognizable property of BeeBalm Care.

    9.4 If the Customer fails to comply with the provisions of article 9.3 of these general terms and conditions, it is presumed that the items present, of the type supplied by BeeBalm Care, belong to BeeBalm Care.

    9.5 The Consumer-Customer and / or Customer is obliged to insure the delivered goods for the duration of the reserved property against the risk of fire and explosion, water damage, as well as against theft, the insurance policy of which can be requested and viewed by BeeBalm Care on first request.

    10. Force majeure

    10.1 In the event of force majeure, BeeBalm Care is authorized to suspend the fulfillment of its obligation under the Agreement or a part thereof and the Consumer-Customer and / or Customer cannot claim compliance or compensation.

    10.1 In the event of force majeure, BeeBalm Care is authorized to suspend the fulfillment of its obligation under the Agreement or a part thereof and the Consumer-Customer and / or Customer cannot claim compliance or compensation.

    10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or Manufacturers of BeeBalm Care as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure situations.

    10.3 In the event of force majeure BeeBalm Care reserves the right to suspend its obligations and is also entitled to dissolve the Agreement in whole or in part, or to demand that the content of the Agreement is amended in such a way that execution remains possible. Under no circumstances is BeeBalm Care obliged to pay any fine or compensation.

    10.4 If BeeBalm Care has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as concerned it is a separate Agreement. However, this does not apply if the already delivered or deliverable part has no independent value.

    11. Liability

    11.1 The liability of BeeBalm Care - as well as its representatives / authorized representatives, employees and third parties engaged by BeeBalm Care - is always limited to the amount that is paid out in the relevant case under the applicable liability insurance of BeeBalm Care, increased by the amount of the deductible. that according to the applicable policy conditions is for the account of BeeBalm Care. If, for whatever reason, no payment should be made under the aforementioned insurance, any liability of BeeBalm Care is always limited to the amount paid by the Consumer-Customer and / or Customer with regard to the Agreement, or the part thereof, in connection with the originated, paid to BeeBalm Care, up to a maximum of EUR 1,000.

    11.2 BeeBalm Care is never liable for indirect damage, including but not limited to consequential damage (to persons or property), business damage, lost profit or income, missed savings and / or damage due to business interruption.

    12. Limitation / Expiration Periods

    12.1 If the Agreement has been concluded with a Customer, the limitation period for all claims and defenses of the Customer against BeeBalm Care, in deviation from the statutory limitation periods, is 3 months from the moment such claims and defenses arise. If the agreement has been concluded with a Consumer-Customer, the aforementioned limitation period is 13 months.

    13. Data management

    13.1 If a Consumer-Customer and / or Customer places an order with BeeBalm Care, his / her (personal) data will be included in the BeeBalm Care customer database. BeeBalm Care adheres to the Personal Data Protection Act (Wbp) and does not provide personal data to third parties. See our Privacy Policy.

    13.2 BeeBalm Care respects the privacy of the users of the internet site and ensures confidentiality of personal data.

    13.3 BeeBalm Care in some cases uses a mailing list. Each mailing contains instructions to be removed from this list.

    14. Applicable law and disputes

    14.1 All Agreements to which these general terms and conditions apply in whole or in part are subject to Dutch law. The applicability of the 1980 United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention / CISG) is expressly excluded.

    14.2 All disputes related to or arising from this Agreement will be submitted to the competent court in Amsterdam, unless BeeBalm Care prefers to submit the difference to the competent court in the place of residence of the Consumer-Customer and / or Customer.

    PART II

    The provisions of the present PART II of these general terms and conditions only apply to Agreements with Consumer-Customers and apply in addition to the provisions of PART I of these general terms and conditions. In the event of any incompatibility of a provision from PART II in question with a provision from PART I, the relevant provision from PART II will prevail.

    15. Right of withdrawal

    15.1 In the event that a Consumer-Customer has purchased a good via the internet, telephone or mail order, or has purchased a service from BeeBalm Care, the following applies.

    When delivering products

    15.2 When purchasing products, the Consumer-Customer has the option to dissolve the Agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the case by the Consumer-Customer or a representative appointed in advance by the Consumer-Customer and notified to BeeBalm Care.

    15.3 During the reflection period, the Consumer-Customer will handle the item and the packaging with care. It will only unpack or use the item to the extent necessary to assess whether it wishes to keep the item. If it exercises its right of withdrawal, it will return the case with all accessories and - if reasonably possible - in the original condition and packaging to BeeBalm Care, in accordance with the reasonable instructions provided by BeeBalm Care.

    15.4 If the Consumer-Customer wishes to make use of its right of withdrawal, it is obliged to notify BeeBalm Care of this within 14 days after receipt of the item. The Consumer-Customer must make this known by means of the model form (Appendix 1). After the Consumer-Customer has made it known that he wishes to make use of his right of withdrawal, he must return the item within 14 days. The Consumer-Customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

     


    15.5 If, after the withdrawal period of 14 days, the Consumer-Customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the item to BeeBalm Care, the purchase is irreversible.

    15.6 The Consumer-Customer is liable for the depreciation of the item if the handling thereof goes beyond what is necessary to determine its nature, characteristics and operation.

    When providing services

    15.7 When providing services, the Consumer-Customer has the option to dissolve the Agreement without stating reasons for 14 days, starting on the day of entering into the Agreement. This is no longer free of charge in the last 96 hours before delivery.

    15.8 In order to make use of its right of withdrawal, the Consumer-Customer will comply with the reasonable instructions provided by BeeBalm Care with the offer and / or at the latest upon delivery.

    Costs in case of withdrawal

    15.9 If the Consumer-Customer makes use of its right of withdrawal, the costs of return will be fully for its account, both for purchase and for services.

    15.10 If the Consumer-Customer has paid an amount, BeeBalm Care will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the case has already been received by BeeBalm Care.

    15.11 BeeBalm Care excludes the Consumer-Customer's right of withdrawal for goods and services as described in paragraphs 1 and 2.

    15.10.1: Products:

    a) which have been created by BeeBalm Care in accordance with the specifications of the Consumer-Customer;

    b) that are clearly personal in nature;

    c) that cannot be returned due to their nature;

    d) that can age quickly;

    e) whose price fluctuates without BeeBalm Care having any influence on this;

    f) for audio and video recordings and computer software of which the Consumer-Customer has broken the seal.

    g) for hygienic products of which the Consumer-Customer has broken the seal.

    15.10.2: Services:

    a) such as rental of holiday accommodation, goods transport, car rental, leisure services, to be performed on a specific date or during a specific period;

    b) the delivery of which commenced with the explicit consent of the Consumer-Customer before the reflection period of 14 days has expired;

    c) concerning betting and lotteries.

    Model dissolution / revocation Consumer-customer


    Model form for dissolution / revocation

    Only complete and return this form if you wish to dissolve / revoke the Agreement.

    On:

    BeeBalm Care V.O.F.

    Zaanenstraat 10-zw
    2022CP Haarlem

    [email protected]

    I / We hereby inform you that I / we (*) our agreement concerning the sale of the following goods / delivery of

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