Content:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 the associated costs
Article 9 - Obligations of the company in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - the price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Subscriptions: term, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Subsidiary agreements or different agreements
Article 1 - Definitions
In these conditions, the following terms have the following meanings:
1. Subsidiary agreement: an agreement whereby the consumer purchases products, digital content and / or services in connection with a distance contract and these items, digital content and / or services from the dealer or from a third party on the basis of an agreement between that third party and be delivered to the dealer;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes connected with a commercial, business, craft or professional activity;
4th day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Subscription: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Persistent medium: any means, including email, that enables the consumer or retailer to store personally addressed information in a manner that will allow it to be used in the future for a period that is tailored to the purpose for which the information was provided are intended, can be consulted or used, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
9. Entrepreneur: natural person or legal entity that offers the consumer products, (access to) digital content and / or services for distance selling organized sales or service systems.
10. Distance selling contract: a contract concluded between the retailer and the consumer as part of an organized system for the distance selling of products, digital content and / or services, whereby one or more remote transmission techniques are used exclusively or in part until the time the contract is concluded become;
11. Model withdrawal form: the European model withdrawal form in Annex I to these conditions;
12. Remote communication technology: is the means that can be used to conclude a contract without consumers and traders having to be in one place at the same time.
Article 2 - Identity of the entrepreneur
Premium Health BV
Kvk: 74768816

VAT ID No .: NL860019494B01

Zuideinde 79, 1121DD, Landsmeer, Nederlands (no return address)

Article 3 - Applicability
1. These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not possible, the entrepreneur must indicate before the distance contract is concluded how the general terms and conditions can be viewed by the entrepreneur and that they can be sent free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically so that the consumer can easily be saved on a permanent medium. If this is not possible before the distance contract is concluded, it is indicated where the general terms and conditions can be viewed electronically and that they can be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting conditions, the consumer can invoke the most favorable provision for him at any time.
Article 4 - The offer
1. If an offer has a limited period of validity or is linked to conditions, this is expressly mentioned in the offer.
2. The offer contains a complete and precise description of the products, digital content and / or services offered. The description must be so detailed that the consumer can correctly assess the offer. If the entrepreneur uses images, this is a true representation of the products, services and / or digital content. Obvious mistakes or misprints in the offer do not bind the entrepreneur.
3. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer.
Article 5 - The Agreement
1. The agreement is concluded subject to the provisions of paragraph 4 at the time of acceptance of the offer by the consumer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the dealer will immediately confirm receipt of the acceptance of the offer electronically. As long as this assumption has not been confirmed by the entrepreneur, the consumer can withdraw from the contract.
3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure electronic data transmission and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Under the law, the entrepreneur can find out whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If, based on this research, the entrepreneur has valid reasons not to conclude the contract, he is entitled to refuse an order or a request or to set special conditions for the execution of the order or the request, stating the reasons.
5. The entrepreneur must enclose the following information in writing or in such a way that the consumer can save it in a permanent medium, at the latest when the product, service or digital content is delivered to the consumer:
a. Visiting address of the entrepreneur's office where the consumer can lodge a complaint;
b. Conditions under which and in the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
c. Information, guarantees and service after purchase;
d. Price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the way of payment, delivery or execution of the distance contract;
e. Requirements for termination of the contract if the contract has a term of more than one year or is unlimited;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of subscriptions, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate a contract for the purchase of a product during a cooling off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for the revocation, but does not oblige the consumer to state his reasons.
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer or someone other than the freight forwarder and previously designated by the consumer has received the product or
a. if the consumer has ordered several products on the same order: the day on which the consumer or a third party designated by him received the last product. Provided that he has clearly informed the consumer about this before the ordering process, the entrepreneur may refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several consignments or parts: the day on which the consumer or a third party designated by him has received the last delivery or the last part;
c. for contracts for the regular delivery of products over a certain period: the day on which the consumer or a third party designated by him has received the first product.
For services and digital content that are not offered on a material medium:
3. The consumer can terminate a service contract and a contract for the provision of digital content that is not provided on a material medium for at least 14 days without reason. The entrepreneur may ask the consumer the reason for the revocation, but does not oblige the consumer to state his reasons.
4. The cancellation period specified in paragraph 3 begins on the day after the contract is concluded.
Extended revocation period for products, services and digital content that are not delivered on a material carrier unless the right of withdrawal is notified:
5. If the entrepreneur has not provided the consumer with the information required by law regarding the right of withdrawal or the model form for the withdrawal, the withdrawal period ends twelve months after the end of the original reflection period set out in paragraphs 1 and 2 of this article.
6. If the entrepreneur has made the information referred to in paragraph 1 available to the consumer within twelve months of the effective date of the original cancellation period, the cancellation period ends 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the withdrawal period
1. During the cancellation period, the consumer will handle the product and its packaging carefully. He may only unpack or use the product to the extent necessary to determine the type, properties and function of the product. The basic principle is that the consumer can only handle and test the product as he is allowed to do it in a shop.
2. The consumer is only liable for the decrease in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for an impairment of the product if the entrepreneur has not provided him with all information required by law regarding the right of withdrawal before or at the time the contract was concluded.
Article 8 - Exercise of the right of withdrawal by the consumer and the associated costs 1. If the consumer makes use of his right of withdrawal, he must inform the entrepreneur of this within the withdrawal period using the sample withdrawal form or in another clear manner.
2. The consumer shall return the product as soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, or hand it over to the (an agent of the) entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period in any case if he returns the product before the cancellation period expires.
3. The consumer will return the product with all the accessories supplied, if possible in their original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product. If the entrepreneur has not indicated that the consumer should bear these costs or if the entrepreneur has indicated that he should bear these costs himself, the consumer does not have to bear the costs of the return.
6. If the consumer withdraws after expressly requesting that the provision of the service or the supply of gas, water or electricity that is not made available for sale to a limited extent or in a certain quantity begins during the withdrawal period , the consumer owes the entrepreneur an amount that is proportional to the part of the obligation that the owner has fulfilled at the time of the withdrawal compared to the full fulfillment of the obligation.
7. The consumer bears no cost for the provision of services or the supply of water, gas or electricity that are not available for sale to a limited extent or in a limited amount, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the information required by law regarding the right of withdrawal, reimbursement of costs in the event of withdrawal or the model withdrawal form, or
b. the consumer has not expressly requested the start of the provision of the service or the supply of gas, water, electricity or district heating during the withdrawal period.
8. The consumer bears no costs for the full or partial delivery of digital content that is not provided on a material medium if:
a. before the delivery of the content, he has not expressly agreed to begin the fulfillment of the contract before the cancellation period expires;
b. he has not recognized the right to lose his right of withdrawal upon approval; or
c. the dealer has not confirmed this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all subsidiary agreements will be terminated by law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the declaration of revocation electronically possible for the consumer, he will immediately send an acknowledgment of receipt after receiving this notification.
2. The entrepreneur has to reimburse all payments made by the consumer, including the shipping costs charged by the entrepreneur for the returned goods, immediately, but at the latest within 14 days after the day on which the consumer informs him of the revocation. If the entrepreneur does not offer to pick up the product himself, he can wait until he has received the product or until the consumer can prove that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same means of payment as the consumer for repayment, unless the consumer agrees to a different method. Refunds are free for consumers.
4. If the consumer has opted for a more expensive shipping method than the cheapest standard delivery, the dealer does not have to reimburse the additional costs for the more expensive shipping method.
Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when submitting the offer or at least in good time before the contract is concluded:
1. Products or services the price of which is subject to fluctuations on the financial market, over which the owner has no control and which can occur within the cancellation period;
2. Agreements that have been made at public auctions. A public auction is a sales method in which the entrepreneur offers the consumer, who is personally present or is given the opportunity to be personally present under the supervision of an auctioneer, products, digital content and / or services and in which the successful bidder is obliged to buy the products, digital content and / or services;
3. Service contracts, after complete execution of the service, but only if:
a. execution began with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the trader has fully implemented the agreement;
4. Package tours in accordance with Section 7: 500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation if the contract provides for a specific date or duration of execution and not for residential purposes, freight transport, car rental and catering;
6. agreements on leisure activities if the agreement provides for a specific time or a certain duration of their implementation;
7. Products manufactured according to the specifications of the consumer, 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.
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return due to health or hygiene reasons and whose seal was broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. alcoholic beverages for which the price was agreed at the time the contract was concluded, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market over which the owner has no influence;
12. Sealed audio, video recordings and computer software, the seal of which was broken after delivery;
13. Newspapers, magazines or periodicals, with the exception of subscriptions to them;
14. The provision of digital content that is not made on a physical medium, but only if:
a. the service started with the express prior consent of the consumer; and b. the consumer has declared that this means that he loses his right of withdrawal.
Article 11 - the price
1. During the period of validity specified in the offer, the prices of the products and / or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control at variable prices. These fluctuations and the fact that the prices mentioned 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 can be traced back to legal regulations or provisions.
4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has determined this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.
5. The prices stated in the offer of the products or services include VAT.
Article 12 - Compliance with the contract terms and additional guarantee
1. The entrepreneur guarantees that the products and / or services comply with the contract, the specifications specified in the offer, the reasonable requirements for reliability and / or expediency and the date of the conclusion of the contract existing legal provisions and / or official regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the dealer under the contract if the dealer has not fulfilled his part of the contract.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer, with which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his contractual part .
Article 13 - Delivery and performance
1. The entrepreneur will take the greatest possible care when accepting and executing product orders and when examining applications for the provision of services.
2. The place of delivery is the address that the consumer has given the entrepreneur.
3. In compliance with the provisions of Article 4 of these general terms and conditions, the entrepreneur must execute accepted orders immediately, but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed or if an order is not or only partially executed, the consumer will be informed at the latest 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
4. After the dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and / or loss of products is borne by the entrepreneur until the time of delivery to the consumer or a previously named and announced representative of the entrepreneur, unless expressly agreed otherwise.
Article 14 - Subscriptions: term, termination and renewal
Termination:
1. The consumer can at any time terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period that does not exceed one month.
2. The consumer can terminate a fixed-term contract, which was concluded for the regular delivery of products (including electricity) or services, at any time at the end of the limitation period, subject to the agreed termination rules and a notice period that does not exceed one month.
3. The consumer can use the contracts mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or within a specific period;
- terminate at least in the same way as they were terminated by him;
- Always terminate with the same notice period that the entrepreneur himself has set.
Renewal:
4. A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services cannot be tacitly extended or extended for a certain period.
5.By way of derogation from the previous paragraph, a fixed-term contract, which was concluded for the regular delivery of daily or weekly newspapers or magazines, can be tacitly extended by a fixed term of a maximum of three months if the consumer terminates the extended contract with a Notice of a maximum of one month.
6. A fixed-term contract, which was concluded for the regular delivery of products or services, can only be tacitly extended for an indefinite period if the consumer has the right to cancel at any time, with a maximum of one month. The notice period must not exceed three months if the agreement provides for the daily, but less than once monthly delivery of daily, news and weekly newspapers and magazines.
7. A limited contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically with the end of the trial or introductory period.
Running time:
8. If a contract has a term of more than one year, the consumer can terminate the contract at any time after a year with a period of up to one month, unless the adequacy and fairness contradict the termination before the expiry of the agreed period.
Article 15 - Payment
1. Unless otherwise stipulated in the contract or in additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cancellation period or, if there is no cancellation period, within 14 days after the conclusion of the contract. In the case of a service contract, this period begins on the day after the consumer has received the contract confirmation.
2. When selling products to consumers, the consumer can never be obliged to pay more than 50% in advance. If an advance payment has been agreed, the consumer cannot exercise any rights regarding the execution of the order or service (s) before the agreed advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in the payment data that he has provided or communicated to the entrepreneur.
4. If the consumer does not meet his payment obligations on time, he owes statutory interest on the outstanding amount after the owner has informed him of the delay in payment and the owner has given the consumer a period of 14 days to meet his payment obligations after he has not paid within this period, and the owner is entitled to invoice the extrajudicial collection costs incurred. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages given to the benefit of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a well-known complaint procedure and processes the complaint according to this complaint procedure.
2. Complaints about the fulfillment of the contract are to be presented to the entrepreneur within a reasonable period of time after the consumer has discovered the defects and described in full and clearly.
3. Complaints addressed to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual consent within a reasonable period of time or within 3 months of the filing of the complaint, a dispute arises which is subject to the settlement of disputes.
Article 17 - Disputes
1. Contracts between the dealer and the consumer, to which these general terms and conditions apply, are subject exclusively to Dutch law.
Article 18 - Subsidiary agreements or different agreements
Subsidiary agreements or agreements deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer and saved on a permanent data carrier.