Terms and Conditions

General Terms and Conditions of Consumer Purchase Revitaano

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 cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry Guarantee
Article 19 – Additional or deviating provisions
Article 20 – Changes to the Thuiswinkel General Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise 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 distance contract with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products and/or services to consumers remotely;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;

Article 2 – Identity of the entrepreneur

Entrepreneur name: Revitaano
trading under the name(s): Revitaano

Visiting address:

Lebe Business Center Avantis

Snellius 1, 6422 RM, Heerlen

Email address: info@revitaano.com

Chamber of Commerce number: 67132170
VAT identification number: NL002186292B89

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority:

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract 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 contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
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 the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good 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 errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur 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 distance contract. If, based on this investigation, the entrepreneur 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 execution.
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:

the visiting address of the entrepreneur's branch where the consumer can go with 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;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can terminate an agreement regarding the purchase of a product from the moment the order is placed and up to 14 days after receipt of the order without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 expires 14 days after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that is not supplied on a tangible medium:

The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

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 will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
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 he will bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.

The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:

prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal when granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
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 right of withdrawal

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
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:

the performance has started with the express prior consent of the consumer; and
the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
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;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that, by their nature, are irreversibly mixed with other products after delivery;
Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:

the performance has started with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – 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 as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal regulations or provisions.
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.

The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with agreement and additional warranty

The entrepreneur 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 entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
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, 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, taking into account 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 fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can terminate the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a certain time or in a certain period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension:

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

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

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the service of the entrepreneur 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 entrepreneur in question and to Thuiswinkel.org.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Are you not satisfied with the handling of your complaint? Then you can submit this to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl). You can also submit your complaint to the Disputes Committee via the European ODR Platform (http://ec.europa.eu/consumers/odr)

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur, can be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, with due observance of the provisions below. , PO Box 90600, 2509 LP in The Hague ( www.sqc.nl ).
A dispute will only be processed by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
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 Commission no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. The consumer preferably reports this to the entrepreneur first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must express in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not learn of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee makes its decision under the conditions set out in the regulations of the Disputes Committee ( www.degeschilcommissie.nl/over-ons/de-commissies/2404/thuiswinkel ). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made. has been pointed out.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or affiliated with the Stichting Disputes Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes relating mainly to the method of distance sales or service provision. . For all other disputes, the other recognized dispute committee affiliated with SGC or Kifid.

Article 18 – Industry Guarantee

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 after it was sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice.
To apply this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur amounts to more than €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to Thuiswinkel.org, after which this organization will make the payment in its own name and at its own expense. will legally demand this in order 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 – Changes to the Thuiswinkel General Terms and Conditions

Thuiswinkel.org will not change these general terms and conditions without consultation with the Consumers' Association.
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, with 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
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

Appendix I: Model withdrawal form

Model withdrawal form

(only complete this form and email it back to info@revitaano.com if you want to revoke the agreement)

To: Revitaano
Snellius 1, 6422RM, Heerlen
info@revitaano.com
I/We* hereby inform you that I/We* agree to our agreement regarding
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Consumer(s) address]
[Signature of consumer(s)] (only when this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.

General Terms and Conditions Business

Version: 2020-06-01

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 - The price

Article 7 - Compliance with agreement and additional warranty

Article 8 - Delivery and execution

Article 9 - Duration transactions: duration, cancellation and extension

Article 10 - Payment

Article 11 - Liability

Article 12 - Retention of title

Article 13 - Complaints procedure

Article 14 – Disputes

Article 1 - Definitions

In these conditions the following definitions apply:

Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Customer: the natural or legal person acting in the exercise of his profession or business;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to customers;
Distance agreement: an agreement concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;
In writing: In these general terms and conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Remote communication technology: means that can be used to conclude an agreement, without the customer and entrepreneur having to be in the same room at the same time.
Website: The entrepreneur's webshop on which products and services are offered that can be purchased by customers.
Platform : The external environment on which the entrepreneur offers products and services that can be purchased by customers.

Article 2 – Identity of the entrepreneur

Entrepreneur name: Revitaano
trading under the name(s): Revitaano

Visiting address:

Lebe Business Centers Avantis

Snell 1

6422 RM Heerlen

Email address: info@revitaano.com

VAT identification number: NL002186292B89

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority:

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
If the customer includes provisions or conditions in his order, confirmation or communication implying acceptance that deviate from or do not appear in the general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been expressly accepted in writing by the entrepreneur.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the customer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be read by the customer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the customer's request.
If and insofar as one of the provisions of these general terms and conditions is void or voidable, the legally permitted provision must be read for that provision that is most in accordance with the intention of the parties as evidenced by the void or voidable provision and the other provisions remain in full force.
In the event that, in addition to these general terms and conditions, terms and conditions of an external platform on which products and services are offered by the entrepreneur are also applicable, from which no deviations may be made, the customer can always rely on the applicable provision that applies to him in the event of conflicting terms and conditions. is most favorable.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a description of the products, digital content and/or services offered.
The content of the website and the offer has been compiled with the greatest care. However, the Entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, offers and other information on the website and in other materials from the entrepreneur are therefore subject to obvious programming and typing errors.

Article 5 - The agreement

The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the conditions set.
If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately inform the customer of such a revocation.
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 customer can pay electronically, the entrepreneur will take appropriate security measures.
If it appears that incorrect information has been provided by the customer when accepting or otherwise entering into the agreement, the entrepreneur has the right to only fulfill its obligation after the correct information has been received.
The entrepreneur can, within legal frameworks, inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur who, on the basis of the investigation, refuses the application or attaches special conditions to it, will inform the customer of this as soon as possible, but no later than 3 days after concluding the agreement, stating the reasons.

Article 6 - The price

All prices stated on the website and in other materials originating from the entrepreneur include VAT (unless stated otherwise) and, unless stated otherwise on the website, including other levies imposed by the government.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
The entrepreneur has the right to change the agreed prices from two weeks after concluding the agreement. The customer who does not agree to the change has the right to cancel the agreement without being charged any costs by the entrepreneur.
Any additional costs, such as delivery costs and payment costs, are stated on the website and in any case shown in the ordering process

Article 7 - Compliance with agreement and additional warranty

The Entrepreneur guarantees that the delivered goods comply with the agreement, with the understanding that minor deviations accepted in the industry with regard to specified sizes, weights, quantities, discolorations and minor color deviations, etc. do not count as a shortcoming on the part of the Entrepreneur.
The customer must examine the delivered items upon delivery and check whether the delivered items comply with the agreement. This includes:

- whether the correct goods have been delivered;

- whether the delivered goods correspond in terms of quantity and quantity with what was agreed;

- whether the delivered goods meet the requirements that may be imposed for normal use and/or trade purposes.

If visible defects or shortcomings are found, the customer must notify the entrepreneur within 14 days of delivery. If invisible defects or shortcomings are found, the customer must notify the entrepreneur within 14 days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation and/or refund in respect of this defect.

If the Entrepreneur considers a complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the customer. The entrepreneur can refer the customer to a manufacturer or supplier.

Article 8 - Delivery and execution

As soon as the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
The entrepreneur is entitled to engage third parties to carry out the obligations arising from the agreement.
The specified delivery times should be interpreted as a best-efforts obligation and are deemed to be approximate. The choice of carrier is up to the entrepreneur. Except for intent or deliberate recklessness on the part of the seller, exceeding the delivery period never entitles the customer to any compensation.
The entrepreneur is allowed to deliver sold products in parts.
Unless expressly agreed otherwise, the risk of the products to be delivered passes to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk passes upon transfer of the products.
If the customer or the third party designated by him is not present at the delivery address to receive the products at the agreed delivery time, the entrepreneur is entitled to return the products. At additional costs, the entrepreneur will offer the products to the customer again at a different time and/or day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation will not lapse and any additional costs, including for returns, will be charged to the customer.

Article 9 - Duration transactions: duration, cancellation and extension

Termination:

The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products, digital content or services at any time, taking into account the agreed cancellation rules and a notice period of two months.
The customer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity), digital content or services, at any time towards the end of the fixed duration, taking into account agreed cancellation rules and a notice period of two months.
The customer can cancel the agreements referred to in the previous paragraphs in writing.

Extension:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity), digital content or services, is tacitly extended for the same duration as agreed.
The aforementioned notice periods apply accordingly to cancellations by the entrepreneur

Article 10 - Payment

Customer must make payments to the entrepreneur according to the payment methods indicated in the ordering procedure and possibly on the website. The entrepreneur is free to choose whether to offer payment methods and these may also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 14 days applies, starting on the day after delivery.
If the customer does not fulfill his payment obligation(s) on time, he is immediately in default by operation of law without the need for notice of default. The entrepreneur has the right to increase the amount due by the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him and any legal costs and recover them from the customer.

Article 11 - Retention of title

As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of the entrepreneur.

Article 12- Liability

Except for intent or gross negligence, the total liability of the entrepreneur towards the customer due to attributable shortcomings in the performance of the agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT). If there is a continuing performance agreement, the liability referred to is limited to compensation of the amount that the customer owed to the entrepreneur in the 3 months prior to the damaging event.
Liability of the entrepreneur towards the customer for indirect damage, which in any case - but expressly not exclusively - includes consequential damage, lost profits, missed savings, loss of data and damage due to business stagnation, is excluded.
The customer indemnifies the entrepreneur against any claims from third parties, except for intent or deliberate recklessness on the part of the entrepreneur or a statutory director of the entrepreneur.
The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter are liable to the customer due to a shortcoming in those products. has exercised legal rights in relation to that shortcoming.
Insofar as compliance is not already permanently impossible, the entrepreneur's liability towards the customer due to an attributable shortcoming in the performance of an agreement only arises after the customer has promptly and properly given notice of default to the entrepreneur in writing, stating a reasonable period to remedy the shortcoming, and entrepreneur continues to fail to fulfill his obligations even after that period has expired. The notice of default must contain as detailed a description as possible of the shortcoming, so that the entrepreneur is able to respond adequately.
A condition for any right to compensation to arise is that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than within 14 days after it occurred. Damage that has not been brought to the attention of the Entrepreneur within that period is not eligible for compensation, unless the customer can demonstrate that he/she was unable to report the damage earlier.
In the event of force majeure, the entrepreneur is not obliged to compensate the customer for any damage caused as a result.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
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 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

Article 14 - Disputes

Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
If disputes arise as a result of the Agreement that cannot be settled amicably, they will be submitted exclusively to the East Brabant court, location 's-Hertogenbosch. This applies except insofar as mandatory competency rules would prevent this choice. Entrepreneur and customer can agree to settle their disputes by means of binding advice or arbitration.
The original English version of these Terms has been translated into other languages. The translated version of these Terms and Conditions is a service and not an official translation, so customers cannot derive any rights from the translated version. In the event of any dispute over the content or interpretation of these Terms, or in the event of any conflict, ambiguity, inconsistency or discrepancy over or between the English version and any other language of these Terms, the English version shall control. , binding and conclusive. The English version will be used in legal proceedings.

Terms of use Revitaano website

Last updated version June 1, 2020

Table of contents

Article 1 - Definitions
Article 2 - Applicability
Article 3 - Customer account
Article 4 – Conditions for use of the Website
Article 5 – Orders
Article 6 - Auctions
Article 7 - Reviews
Article 8 - Termination of account and Website functionalities
Article 9 - Privacy and personal data
Article 10 – Intellectual property and third party information
Article 11 - Liability
Article 12 - Miscellaneous

Article 1 - Definitions

Account: the account that the User must create via the Website in order to place orders, participate in Auctions and post Reviews.
• Other Seller(s): a third party that offers products to Users via the Website.
• User: every visitor to the Website.
• Terms of use: these terms of use of Revitaano websites.
• Review: the assessment that the User can give about Revitaano, the Website and/or Other Seller(s).

Article 2 - Applicability

These Terms of Use apply to all use of the Website, including the use of the Account.
Revitaano has the right to change these Terms of Use from time to time. The amended Terms of Use will apply as soon as they are published on the Website. It is therefore advisable to consult these Terms of Use regularly. If the User does not accept a specific change to the Terms of Use, he can inform Revitaano by e-mail. Revitaano will then cancel the User's Account and delete the User's (personal) data.

Article 3 - Customer account

In order to place orders, participate in Auctions and post reviews, it is necessary to create an Account. User can create an Account by filling in the requested information on the online form on the Website. This form can be found on the Website under the heading “New customer?”.
To create an Account, the User must:
be at least 18 years old at the time the Account is requested;
b. have a valid email address.
After the Account has been created, the User will receive a confirmation email. As soon as the Account is active, the user can log in with his e-mail address and his chosen password.
An Account can only be created once with a specific email address. An Account is strictly personal, non-transferable and linked to the User who created the Account.
The User guarantees that the information he provides in the context of his Account and any further communication with Revitaano is correct, complete and up to date. The User can report any changes to the personal data by logging into his Account and implementing the changes.
The User must treat the password confidentially and with care and the User must take reasonable measures to prevent unauthorized persons from taking note of and using the password and/or his Account.
The User must immediately report loss, theft or (suspected) misuse or improper use by a third party of the password and/or Account to Revitaano by e-mail. Until the time of actual receipt by Revitaano of this notification, the User is liable for all damage resulting from the use made with the password and/or the Account.
If Revitaano finds or can reasonably suspect that unauthorized persons are using or may use the User's Account, Revitaano has the right to immediately block the Account in question.

Article 4 – Use of the Website

The User guarantees that the information and data provided by him are correct, complete and reliable. Revitaano has the right to check the accuracy of information and data provided and to remove information and data from the User if it proves to be incorrect or the accuracy cannot be established.
The User is not permitted to:

disrupt the operation of the Website or use software that could disrupt the operation of the Website;
• to initiate or allow processes to continue, which he can reasonably suspect will hinder other internet users or adversely affect the use of the Website;
• impersonate another User.

The User is not permitted to reproduce or make available the Website or any part thereof (by means of deep linking or otherwise) without prior written permission from Revitaano.

Article 5 – Orders

Revitaano's auction conditions apply to participation in Auctions that Revitaano offers via the Website. The User agrees to these auction conditions when creating his account, at least when the User participates in an Auction for the first time.
Orders placed with Other Sellers via the Website may be subject to the general terms and conditions and return conditions of the relevant Other Seller(s). These can be found on the company page of the Other Seller(s). If the Other Seller(s) does not have its own general terms and conditions and/or return conditions, the Revitaano General Terms and Conditions and/or Revitaano's return conditions apply to the purchase agreement between the User and the Other Seller(s).

Article 6 - Auctions

Revitaano's auction conditions apply to participation in Auctions that Revitaano offers via the Website. The User agrees to these auction conditions when creating his account, at least when the User participates in an Auction for the first time.
The User is not permitted to improperly influence the bidding process during Auctions.

Article 7 - Reviews

After a purchase via the Website, the User may be asked by or on behalf of Revitaano to rate Revitaano, the Website and/or Other Seller(s) by providing a Review. Revitaano has the right - but not the obligation - for an indefinite period to post or otherwise publish a Review on the Website, including the name, place of residence and the date of the Review provided by the User.
To the extent that a third party collects the Reviews on behalf of Revitaano, the general terms and conditions and/or terms of use of that party apply to the Reviews.
Revitaano has the right not to place or remove a Review about an Other Seller on the Website if the Other Seller demonstrates that the Review in question:

is contrary to law or regulations;
• is contrary to public order and/or good morals;
• concerns only a product review;
• is not about the relevant Other Seller;
• contains (a) personal data(s) of a third party;
• contains a URL or advertisement;
• Is fraudulent.

Article 8 - Termination of Account and Website functionalities

Revitaano has the right to refuse Users or unilaterally terminate their Account if there is reason to do so, such as in the case of:

improper use or misuse of the Website and/or the account;
• failure to comply with these Terms of Use and/or the Auction Terms and Conditions;
• non-compliance with agreements between User and Revitaano and/or Other Seller(s).

In addition, Revitaano is entitled to limit, not grant or withdraw certain usage options or to temporarily block the use of the Account in the cases described in paragraph 1 of this article.
Revitaano always has the right to no longer make available or adjust certain functionalities available via the Website.

Article 9 - Privacy and personal data

The personal data that the User provides to Revitaano, such as name and address details, telephone numbers and e-mail addresses, are processed by Revitaano in files that are the property of Revitaano. This data is used by Revitaano, among other things, in the context of managing Accounts and Auctions, processing orders, delivery, invoicing and possible mediation in disputes between the User and Other Seller(s).
The User can always view, change or supplement his personal data by logging in to his Account.
In principle, Revitaano does not provide personal data to third parties, unless this is necessary, for example, in the context of the execution of an agreement with the User. For example, Revitaano provides the name and address details, e-mail address and telephone number of the User to Other Seller(s) to the extent necessary to implement a purchase agreement between the User and Other Seller(s).
The communication between User and Other Seller(s) takes place via an e-mail application from Revitaano. This communication is stored by Revitaano on its servers and can be viewed and used by Revitaano to:

Support the User and/or the Other Seller(s) in case of questions and/or problems;
• to assess whether the Other Seller(s) meets the requirements set for it; and
• analyze process improvements.

Cookies are used on the Website. For example, cookies are used to remember the login details entered. In addition, cookies from third parties are used on the Website.
The User can set his browser so that he does not receive cookies during his visit to the Website. In that case, however, the User may not be able to use all the features of the Website or the User may not have access to parts of the Website and/or the Account.
Revitaano reserves the right to record data regarding the User's visiting behavior on the Website (including the IP address used) if there is a suspicion that abuse and/or improper use is being made via the User's account. of the Website.
For more information about the use Revitaano makes of Users' personal data and about the use of cookies on the Website, please refer to Revitaano's privacy policy as can be found on the Website.

Article 10 – Intellectual property and third party information

Unless otherwise indicated, all rights, including copyrights and other intellectual property rights, to (the information on) the Website belong to Revitaano, insofar as these rights do not belong to third parties/licensors from whom information is made available.
The User may consult (the information on) the Website and make copies of it for his own use, for example by printing or saving it. Any other use, for example storing or reproducing (part of) the Website on another internet page or creating links, hyperlinks or deep links between (part of) the Website, is not permitted without the express written permission of Revitaano.
The information on the Website partly comes from third parties, such as Other Sellers and other Users (in the case of Reviews).
The Website may contain links to external internet pages. Revitaano has no influence on the content and design of internet pages to which a link has been included on the Website or of internet pages to which a link has been included to the Website.

Article 11 - Liability

The User acknowledges that in the case of orders placed with Other Seller(s), the purchase agreement is concluded between the User and Other Seller(s) and that Revitaano is and/or will not be a party to this agreement.
Revitaano is therefore not obliged to verify or check the quality, quantity or condition of the products offered by Other Seller(s) on the Website.
If Revitaano is nevertheless liable for damage that has arisen and the User acts in the exercise of his profession or business, Revitaano's liability is limited to the direct damage suffered by the User. Liability for indirect damage is excluded. Revitaano's liability of any nature whatsoever for Users acting in the exercise of their profession or business is in any case always limited to the amount that Revitaano's liability insurance pays out in the relevant case.

Article 12 - Miscellaneous

If one or more provisions of these Terms of Use are or become non-binding, invalid or unenforceable, the other provisions will remain in full force and effect. In that case, Revitaano will replace the provision in question with a new provision to be determined by it that approximates the scope of the provision in question as much as possible.
The use of the Website, the use of the account and these Terms of Use are exclusively governed by Dutch law.