General Terms and Conditions
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
1. Reflection period: the period in which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration of transaction: a distance contract relating to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or statutory person who offers products and / or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
11. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Imbizi Balance;
Overtoom 218-2
1054HZ Amsterdam
Telephone number: 0610915815
Mail address: info@imbizi.com
CoC number: 34272973
VAT number: NL001567733B96
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
2. 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 before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
4. In case the specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the contract and these conditions remain intact and the concerning stipulation will be replaced by a provision that the intention of the original approaches as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'to the spirit' of these general terms and conditions.
7. Obscurities about the explanation or content of one or more provisions of our terms and conditions, should be explained 'to the spirit' of these terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. Special offers are only valid within the specified period and only if stock is still available.
2. The offer is without obligations. The entrepreneur is entitled to amend and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the contract.
5. Products with images are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products. Goods may differ from photos in size, design and/or color. Gemstones and minerals are natural products, each piece is unique.
6. Each offer contains such information that is clear to the consumer on what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipping;
the way in which the contract will be concluded, and which acts are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the used means of communication
the minimum duration of the distance contract in case of a duration of transaction.
Article 5 - The contract
1. The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 contract is concluded electronically, the entrepreneur will take appropriate technical measures and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within the legal frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the entrepreneur where the consumer can go to with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and the existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.
When providing services:
8. Therapist will perform the treatment to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
9. The client ensures that all data, which may reasonably be important for the proper execution of the treatment, are communicated to the therapist in a timely manner.
10. Therapist is not liable for damage, of whatever nature, caused by the fact that it is based on information provided by the client and/or incomplete information.
11. Registration for a treatment takes place after telephone registration or via the e-mail address stated on the website. With your registration you declare that you agree to the fact that you are aware that the outward and return journey, as well as the participation in a treatment, is entirely at your own risk. As well as sustaining physical/mental injury as a result of participating in a treatment. The practice is excluded from any form of liability.
12. If you are being treated by a doctor because of a serious illness or psychiatric disorder or if this was the case in the past, your attending doctor/specialist or yourself must inform the practice of this before you start taking part in a treatment. Registration takes place in consultation with the attending physician/specialist. You are also aware that no medical diagnosis will be made or therapy in a medical sense will be prescribed or applied in the context of treatment. Always consult a doctor in case of long-term (pain) complaints.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the contract without giving any reasons within 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative who is predesignated by the consumer and who is announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product or not. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the 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 make use of his right of withdrawal, he is obliged to announce this to the entrepreneur within 14 days after the receipt of the product. The consumer must announce this by means of the model form. After the consumer has announced that he wishes to make use of his 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 announced that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or the consumer has not returned the product to the entrepreneur, the purchase is a fact.
When delivering services:
5. When providing services, the consumer has the option to terminate the contract without giving any reasons for at least 14 days, starting on the day of concluding the contract.
6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount (excluding shipping costs) as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has already been received by the merchant. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly authorizes another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for the depreciation of the product.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that can spoil or age quickly;
e. of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant services or to perform leisure activities on a certain date or during a certain period;
b. of which the delivery commenced with the express consent of the consumer before the reflection period has expired;
c. regarding bets and lotteries.
Article 9 - The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices, in case of prices that are subject to fluctuations in the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase starts.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing errors. No liability is accepted for the consequences of printing errors. In case of printing errors, the entrepreneur is not obliged to deliver the product at the mistaken price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of virtue and / or usability and the existing statutory provisions and / or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
3. If an item arrives broken/damaged, this must be reported within 14 days of receipt of the order. Any other defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery.
Return of the products must be in the original packaging and in a new condition.
4. The warranty term of the entrepreneur is consistent with the warranty term of the manufacturer. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply in case of:
Defects and damage caused by improper use
Cracks and imperfections that the stone naturally shows
Defects and wear that can be expected with normal use
Changes, adjustments or edits to the product
Damage due to intent, very intensive use, or due to negligent care and maintenance
The consumer has repaired the delivered products himself and / or processed or if the consumer has it repaired and / or processed by third parties;
The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or are handled on the packaging;
The defect in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Discoloration
Article 11 - Delivery and execution
1. The entrepreneur will take the most possible care when receiving and executing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has announced to the company.
3. With due regard for the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive a notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to a compensation.
4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to a compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
6. If the delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment will be borne by 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 a predesignated representative that is announced to the entrepreneur, unless expressly agreed otherwise.
8. All goods delivered by the entrepreneur remain the property of the entrepreneur until full payment of these goods has been made. Until that time, the goods remain claimable without reservation and these goods must remain in their original condition.
Article 12 - Duration of transactions: duration, cancellation and extension
Cancellation
1. The consumer can terminate a contract that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed cancellation rules and a period of notice of up to one month.
2. The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due regard for the agreed cancellation rules and a period of notice of at most one month.
3. The consumer may, in the agreements that are mentioned in the previous paragraphs:
cancel at any time and not be limited to termination at a specific time or in a given period;
at least cancel in the same way as they were entered into by him;
always cancel with the same period of notice as the entrepreneur has stipulated for himself.
Extension
4. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
5. Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily papers, newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended contract before the end of the extension with a period of notice of no more than one month.
6. A contract that has been concluded 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 period of notice of no more than one month and a period of notice of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily papers, newspapers and magazines.
7. A contract of limited duration of the regular delivery of daily papers, newspapers and magazines (trial or introductory subscription) can not be tacitly continued and ends automatically after the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a period of notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 13 – Payment
Upon delivery products:
1. Unless otherwise agreed, an advance payment must be made. Goods will be shipped upon receipt of payment.
2. The payment must be credited to the entrepreneur's account within 14 days. If this is not the case, it will be assumed that you no longer wish to receive the order and the order will be cancelled.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs that were announced prior to the consumer.
5. If the prices for the offered products increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within seven days after notification of the price increase by the entrepreneur.
Upon delivery services:
6. Payment must be made after treatment by means of a transaction (bank transfer, IDeal, cash) within 8 days of the invoice date to the giro/bank account number specified by the therapist. After expiry of the term of 8 days, the client is in default without notice of default and the client owes the service provider the statutory interest, increased by 2%.
7. If the consumer has purchased a package and chooses to pay in installments, the consumer is obliged without reservation to purchase or pay for the entire package. The consumer cannot claim settlement if the consumer chooses to cancel the package prematurely. The consumer then continues to owe payment for the entire package to Imbizi Balance without reservation. The provisions of the previous paragraph apply.
Article 14 - Retention of title
Ownership of products, notwithstanding the actual delivery, only transfers to the buyer after he has fully paid all that he owes under any agreement with the entrepreneur, including reimbursement of interest and costs, also of earlier or later deliveries and any work performed or to be performed with regard to the products. The buyer may not sell, resell, alienate or otherwise encumber the products before the ownership thereof has passed.
Article 15 – Cancellation appointment
Appointments for a therapeutic session must be canceled at least 24 hours before the start of the treatment. The cancellation must be made by email clearly stating the name, date of the appointment and telephone number. In case of non-cancellation or in case of cancellation within 24 hours before the appointment, the practice is entitled to charge the reserved time to the client.
Article 16 - Complaints procedure
On delivery products:
1. If you are not satisfied with a delivery or if you have any questions regarding your order, you can always contact us by e-mail: info@imbizi.com.
2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 5 days, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. If handling a complaint does not lead to a solution, it is possible to register your dispute for mediation by the Disputes Authority for Alternative Therapists (GAT) via https://gatgeschillen.nl/. Or send an e-mail to: info@gatgeschillen.nl with your complaint. You can also choose to register your dispute via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Upon delivery services:
8. The client is obliged to report complaints about the work performed to the therapist in writing within 30 days after discovery, but in any case within 60 days after completion of the work in question. After this time it is no longer possible for the client to report any complaints.
9. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure. The possibilities for this are mentioned in paragraph 5 of this article.
Article 15 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these terms and conditions may not be at the expense 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 medium.
Article 17 - Force majeure
1. In the event of force majeure the entrepreneur has the right to, without prejudice to its other rights and at his own discretion, suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you of this in writing. The entrepreneur is in such case not obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
2. Force majeure is when a shortcoming or failing cannot be attributed to the entrepreneur, because it is not due to his fault and is not his responsibility under the law, legal act or generally accepted standards.
Article 18 - Privacy
You have the right to view your data and to correct or delete this data. All your data will be treated according to the guidelines of the Dutch Algemene verordening gegevensbescherming (AVG). This means that the information you provide will only be used for the purpose for which it was provided. No data will be provided to third parties or made available for inspection.
Article 19 - Confidentiality
The parties are mutually obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the execution of the agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
Information of a medical nature is in any case confidential within the meaning of this article.
Article 20. Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.