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 – 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 execution
Article 12 – Payment
Article 13 – Complaint procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers. In this case, Love From Nature, located in Tilburg;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Business client: natural or legal person acting in the exercise of a profession or business;
4. Reflection period: the period within which the consumer can exercise their right of withdrawal;
5. Product: any item offered in the webshop;
6. Personalised product: a product manufactured specifically according to the customer's instructions;
7. Day: calendar day;
8. Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
10. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
11. Model form: the model withdrawal form that the entrepreneur makes available for a consumer to fill in when they wish to exercise their right of withdrawal.
12. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusively one or more techniques for distance communication are used;
13. Technique for distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same room.
14. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Love From Nature
Rockanjestraat 4
5035 DM Tilburg

Phone number: 0646330174
Email address: contact@lovefromnature.nl
Chamber of Commerce number: 86980556
VAT identification number: NL004336329B92

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur, consumer, and business client.
2. Deviations are only valid if agreed upon in writing.
3. Additional provisions may apply to business clients.
4. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer and business client. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer and business client.
5. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
6. 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 invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.
7. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain otherwise in effect, and the relevant provision will be replaced without delay by mutual agreement with a provision that approaches the intent of the original as closely as possible.
8. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
9. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 – The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. 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. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and execution of the agreement;
   • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
   • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the other languages in which, in addition to Dutch, the agreement can be concluded;
   • the minimum duration of the distance contract in the case of a long-term transaction.

 

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer and confirmation by email by the entrepreneur.
2. If the consumer has accepted the offer electronically, the entrepreneur 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 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 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 – inquire 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 contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur 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 data carrier:
   • the visiting address of the entrepreneur's establishment where the consumer can file complaints;
   • 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;
   • information about existing guarantees and after-sales service;
   • the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
6. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 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 entrepreneur.
2. 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 whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form or by means of another communication method such as email. After the consumer has indicated that they wish to exercise their 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 a proof of shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 – Costs in case of withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

 

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the entrepreneur according to the consumer's specifications (personalized products);
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that spoil or age quickly;
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • for food products where the consumer has opened the packaging.

 

Article 9 – The price

1. The prices mentioned in the product offer are including VAT.
2. During the validity period stated in the offer, the prices of the offered products will not be increased, unless there are price changes due to changes in VAT rates.
3. Notwithstanding the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
4. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
5. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • these are the result of legal regulations or provisions; or
   • the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 – Conformity and warranty

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. Minor deviations may occur in personalized products.
3. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
4. The statutory warranty applies to all products. The duration of the statutory warranty may vary based on the nature of the product.
5. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
6. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
   • the defect is wholly or partly the result of government regulations or will be imposed regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

1. The entrepreneur will exercise the utmost care in receiving and executing product orders.
2. The place of delivery is the address that the consumer or business client has made known to the entrepreneur.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer or business client has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer or business client will be notified of this no later than 30 days after placing the order. In that case, the consumer or business client has the right to dissolve the agreement without costs. The consumer or business client is not entitled to contractual damages.
4. All delivery terms are indicative. The consumer or business client cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer or business client to contractual damages.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer or business client as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated that a replacement item is being delivered at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or business client or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Payment

1. Consumers pay for the products and delivery in full in advance.
2. Business clients pay a 70% deposit and 30% before delivery.
3. In the event of non-payment by the business client, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the business client in advance.

 

Article 13 – Complaint procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer or business client 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 an acknowledgment of receipt and an indication of when the consumer or business client 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 resolution procedure.
5. In case of complaints, a consumer or business client must first turn to the entrepreneur. If complaints are not resolved, the consumer or business client can consult an independent dispute resolution committee. The decision of this committee is binding and both the entrepreneur and the consumer or business client agree to this binding decision. Submitting a dispute to this dispute resolution committee involves costs that must be paid by the consumer or business client to the relevant committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

 

Article 14 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

 

Article 15 – Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer or business client and must be recorded in writing or in such a way that they can be stored by the consumer or business client in an accessible manner on a durable data carrier.