The General Terms and Conditions of Only Natural BV
Article 1 Definitions
1.1 “ON”: the business with the trade name ONLY NATURAL BV, registered with the business register of the Chamber of Commerce and Industry in Amsterdam under number 93440391.
1.2 ”Order confirmation”: the order confirmation, as described in article 3.3 of these terms and conditions.
1.3 “Product”: the product or products which, under a contract entered into between purchaser and ON, are to be delivered by or via ON to the purchaser within an agreed period of time, and for which the purchaser is to pay a certain price.
1.4 “Purchaser”: the customer who purchases the product from ON in return for payment
1.5 “Terms and conditions”: these terms and conditions
Article 2 Applicability
2.1. The Terms and conditions are applicable to all offers, orders and contracts with ON,to the exclusion of any other general terms and conditions.
2.2. The acceptance of an offer or issuing of a request and thereby placing of an order means that the purchaser accepts the applicability of these Terms and conditions.
2.3. These Terms and conditions can only be varied in writing, with the consent of ON, in which case all other provisions remain in force unaffected.
Article 3 Offers and Contracts
3.1. All offers made by ON are made without commitment until the purchaser has received the order confirmation and payment has been made. If ON is required to increase the purchase price of the Product due to (legislative) changes ON shall immediately inform purchaser of this in writing. In that case Purchaser is entitled to cancel the contract by giving notice in writing to ON.
3.1 A contract entered into with a representative/agent of the seller only becomes binding when expressly confirmed by the seller.
3.2. An agreement between ON and purchaser on the basis of an order via the Internet comes into existence at the moment when the purchaser : a. Has placed an order on the website of ON by fully completing the order form on the website of ON; b. After verifying the accuracy of the stated details on the order form, has clicked on the “send” button on the website of ON. c. The payment has been received by ON.
3.4. Once ON has accepted the order and payment, the purchaser receives an order confirmation. This message contains at least the following information: - a description and code of the product that you have purchased; - the price of the Product; - the delivery and administration costs; - any other costs; - your name and delivery address; - the order number of the order ; - the delivery method; - the payment method.
3.5. In the absence of any contrary evidence, the administrative records of ON form conclusive evidence of the orders placed by purchaser with ON, of payments made, and of deliveries made by ON.
3.6. ON is entitled to reject orders or to attach terms and conditions to delivery, unless otherwise expressly stated. If an order is not accepted, ON will inform purchaser of this within 8 working days following receipt of the order. If purchaser has already made payment and changes occur, any difference in price will be settled within 8 days.
3.7 The same terms and conditions apply to all contracts entered into via sales fairs, at other locations, or in writing.
3.8 All contracts entered into with the seller are subject to the fundamental condition that the purchaser shall appear to the seller, in his exclusive judgement, to be sufficiently creditworthy.
3.9 If the contract entered into is breached unilaterally by the purchaser and/or it is not observed, the seller, subject to any legal provisions, shall charge to the purchaser’s account all costs and damages including loss of profits.
Article 4 Prices and payment
4.1. The prices stated for the products and services offered are in euros, excluding BTW (VAT) and excluding any processing and delivery costs, taxation and other duties, unless otherwise stated or agreed in writing.
4.2. Full payment must be made, whereby a request gains the status of an order.
4.3. Upon a payment via bank or giro account the date of payment is the date of crediting to the bank account of ON.
Article 5 Delivery
5.1 Delivery periods stated in relation to goods to be delivered by the seller represent approximations. The delivery periods are stated in the expectation that no impediments exist.
5.2 Delivery periods commence at the moment when all information to be provided by the purchaser for the correct performance of the contract is in the possession of the seller.
5.3 If the purchaser does not accept delivery of the goods at the agreed time for delivery , the goods will be held at the disposal of the purchaser, in consultation with him, at his expense and risk. In that case the seller is entitled to charge for any storage costs.
5.4 The Seller reserves the right to deliver the goods in instalments.
Article 6 Retention of title.
6.1. The title to delivered products only passes once purchaser has settled all amounts owed to ON under the contract. The risk relating to the products passes upon delivery to purchaser.
Article 7 Right to return
7.1 Return of delivered goods can only take place following written consent to return from the seller.
7.2 Returned goods must be sent within 8 working days of receipt of permission, to the address of the seller. The purchaser must ensure that the goods are carefully packaged and sent. Damage arising as a result of transport are at the risk of purchaser.
Article 8 Claims for defective goods
8.1. Purchaser is bound to inspect the products upon delivery to ensure that they comply with the contract.
8.2. If within 8 days of receipt of the Product by purchaser, the Product appears to be defective, purchaser may request from ON in writing by means of a letter or email that the goods be repaired or replaced, or that a missing or defective part of the products be delivered.
8.3. If purchaser requests repair, replacement or delivery of a missing or defective part of the product by ON, ON will ensure within a maximum of 8 working days following receipt of the request and the product from purchaser, that the product is repaired or replaced and returned to purchaser. The cost of returning, replacing and/or repairing of the Product, and the transport of the product, are to be borne by ON, unless it appears that the lack of (a part of) the Product or the defect with the Product is due to the fault of the Purchaser, or in any other sense is at his expense and risk. In that case ON is not obliged to remedy the defects in the Product or to add the missing part to the Product. In that case ON will return the product to purchaser in the same condition as it received it from Purchaser. ON shall be freely entitled, upon receipt of a product with a defect, to refund the amount paid instead of replace the product.
Article 9 Guarantee
9.1. The products delivered by ON are subject to a guarantee. This is the guarantee as provided by the manufacturer for its products. ON will ensure that the Product is supplied to purchaser in accordance with the manufacturer’s guidelines, as contained in their guarantee provisions. This guarantee is without prejudice to the rights that the purchaser has arising under the law or the contract.
Article 10 Complaints
10.1. All complaints relating to the delivery, quality, quantity of the Products, or any other complaints, will be dealt with diligently by ON.
10.2 Complaints relating to variations in the product’s quality, colour, size and composition which are insignificant in relation to the nature of the product, will not be accepted by the seller.
10.3. ON will attempt to solve the problem within 8 days. ON will inform the purchaser about this in writing.
Article 11 Orders/communication
11.1. ON is not liable for misunderstandings, corruption, delay or incorrect transmission of order details and information provided as a result of the use of the Internet or any other communication means in the transactions between purchaser and ON, or between ON and third parties, except and to the extent that there is a case of deliberate action or gross negligence by ON. 22013 0404
Article 12 Personal data
12.1. ON will record the data provided by purchaser in a file. This data will be used for the performance of your order.
12.2. If purchaser has given ON consent, his/her email address may also be used in order to inform him/her about new products or special offers by ON.
12.3. The data belonging to purchaser will NOT be made available to third parties, unless this is required under some legal provision.
Article 13 Dispatch and delivery.
13.1 The delivery date stated upon order confirmation is indicative, unless otherwise expressly agreed. Minor changes can therefore occur. In the event of late delivery ON must therefore be given written notice of breach,
13.2. The period within which the product will be sent amounts to a maximum of 8 working days, or the number of days stated in the contract between purchaser and ON. This period commences at the moment when ON has received payment.
13.3. If the agreed delivery period is exceeded by ON, for whatever reason, ON will inform you about this immediately. In this case purchaser is entitled to cancel the contract with ON. You should report this in writing to ON within 24 hours of receiving the report.
13.4. ON shall repay to purchaser all payments which purchaser has made in connection with the performance of a contract which is cancelled due to exceeding of the delivery period, within 8 working days of receipt of your letter or email.
13.5. The delivery date is dependent on the absence of interruption of labour conditions and provision of materials, undisturbed transport and timely delivery by our suppliers, in such a way that ON is in a position to comply with the delivery date,
13.6. Failure to comply with the delivery date does not entitle the purchaser to cancel the contract, unless purchaser can demonstrate that timely delivery was essential to him in the conduct of his business. In that case cancellation is to be in writing and is to be submitted no later than five days following the delivery date.
13.7.Failure to deliver on time shall never entitle purchaser to make a claim for damages, or to cease meeting any of its obligations arising under the contract.
13.8. In article 13 the term delivery date shall mean: the period which the purchaser has lawfully stated in his notice of breach, or has set for delivery, or the agreed delivery period, if a period has been expressly agreed as being a fundamental term,
13.9. ON is entitled to make delivery in instalments of products which have been sold as one lot or called down for delivery as one lot.
13.10. Shipping of the order occurs in a manner to be determined by ON, however at the expense of and at the risk of the purchaser, unless otherwise agreed. Orders which are not accepted will be stored by ON at the expense and risk of purchaser.
13.11. Unless expressly otherwise agreed in writing, delivery is deemed to occur from our warehouse in Aalsmeer, so that the purchaser bears the risk from the moment that the goods have left our warehouse and can be demonstrated to have reached the Purchaser.
13.12. As soon as the goods, or the most important parts of them, (this in the judgement of ON), are deemed to be delivered within the meaning of article 13.11, purchaser bears the risk for all direct and indirect damage to or by these goods, which may arise to the detriment of purchaser or third parties, notwithstanding the provisions of art 13.10.
13.13. Packaging is included in the price, unless otherwise agreed. Packaging which is not included in the price is provided on loan and therefore remains the property of ON. Unless otherwise agreed, purchaser will return this packaging within one month in undamaged condition and free of transport costs, to an address to be provided by us. Upon failure to do this purchaser must pay to ON the cost price of new replacement packaging.
13.14. All materials and installations provided by ON on loan or hire (purchase) may only be used exclusively for the storage and/or the processing of the products supplied by ON,
Article 14 Other
14.1. ON will send all orders to the address provided by Purchaser to ON in writing upon registering as a customer, unless purchaser informs ON in writing of a different address to which the orders should be sent, and ON accepts this.
14.2. If, for a short or a longer period of time, departures from these terms and conditions are permitted by ON, expressly or otherwise, this does not diminish ON’s entitlement to insist on immediate and strict adherence to these terms and conditions. You can never gain any rights or entitlements on the basis that ON has been flexible in applying these terms and conditions.
14.3. If one or more of the provisions of these terms and conditions or any other contract with ON should conflict with any applicable legal stipulation, the provision involved will cease to apply and will be replaced by ON with a new, legally permissible, similar provision.
14.4. ON is entitled to make use of third parties in fulfilling the order(s).
14.5. ON is in no way liable for direct or indirect damage and/or consequential damage resulting from deficiencies, user instructions or advice, of the products supplied by ON and/or services of third parties and/or of its own personnel and/or directors.
Article 15 Applicable law and jurisdiction
15.1. Dutch law is exclusively applicable to all rights, duties, offers, orders and contracts to which these terms and conditions are applicable, together with these terms and conditions.
15.2. All disputes between parties will be exclusively placed before the authorised member of the judiciary in the Netherlands.