Terms of service

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 Reflection Period
  • Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
  • Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
  • Article 10 - Exclusion of the Right of Withdrawal
  • Article 11 - The Price
  • Article 12 - Performance and Extra Guarantee
  • Article 13 - Delivery and Execution
  • Article 14 - Continuing Performance Contracts: Duration, Termination, and Renewal
  • Article 15 - Payment
  • Article 16 - Complaints Procedure
  • Article 17 - Disputes
  • Article 18 - Additional or Different Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, 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;
  2. Reflection Period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital Content: data that are produced and supplied in digital form;
  6. Continuing Performance Contract: a contract that involves the regular supply of goods, services, and/or digital content over a specific period;
  7. Durable Medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
  8. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
  10. Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  11. Model Withdrawal Form: the European model withdrawal form included in Appendix I of these terms and conditions; Appendix I does not need to be provided if the consumer has no right of withdrawal regarding their order;
  12. Technique for Distance Communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same room at the same time.

Article 2 - Identity of the Entrepreneur

EnduraVita B.V., operating under the name EnduraVita
Registered address:
H.J.E. Wenckebachweg 123
1096 AM Amsterdam
Netherlands

Phone number: 020 210 1764

Availability: Monday to Saturday from 09:00 to 20:00

Email: info@enduravita.com

Chamber of Commerce number: 90766350
VAT identification number: NL865445606B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In addition to these general terms and conditions, specific product or service conditions may also apply, provided that the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 - The Offer

  1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within legal frameworks, inform whether the consumer can meet their 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 or to attach special conditions to the implementation.
  5. The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, to the consumer at the latest upon delivery of the product, service, or digital content:
    • the visiting address of the entrepreneur's business establishment 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 services;
    • the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or implementation 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.
  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state their reason(s).
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated 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 them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that they clearly informed the consumer before the ordering process;
    • if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
    • for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

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

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state their reason(s).
  2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if not informing about the right of withdrawal:

  1. 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 ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 - Obligations of the Consumer During the Reflection Period

  1. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for the decrease in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided them 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

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner.
  2. The consumer must return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, or hand it over to the entrepreneur (or a representative authorized by the entrepreneur). This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they return the product before the reflection period has expired.
  3. The consumer must return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer has to bear these costs or if the entrepreneur has indicated that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
  6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity commence during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
  7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that are not ready 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 reimbursement of costs in case of withdrawal, or the model withdrawal form; or
    • the consumer has not expressly requested the commencement of the service or supply of gas, water, electricity, or district heating during the reflection period.
  8. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
    • they have not expressly agreed to commence the performance of the agreement before the end of the reflection period prior to delivery;
    • they have not acknowledged losing their right of withdrawal when giving their consent; or
    • the entrepreneur has failed to confirm this statement from the consumer.
  9. If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, they will immediately send a confirmation of receipt upon receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer has provided proof of having returned the product, whichever is earlier.
  3. The entrepreneur will use the same payment method that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. 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 the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least before concluding the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is defined as a sales method where 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 direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service agreements, after full performance of the service, but only if:
    • the performance has begun with the express prior consent of the consumer; and
    • the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
  4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and agreements of passenger transport;
  5. 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, goods transport, car rental services, and catering;
  6. Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
  7. Products made to the consumer's specifications, which are not prefabricated and made based on an individual choice or decision by the consumer, or 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 for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products that, after delivery, by their nature, are irrevocably mixed with other products;
  11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot influence;
  12. Sealed audio or video recordings and computer software, whose seal has been broken after delivery;
  13. Newspapers, periodicals, or magazines, except for subscriptions to them;
  14. The delivery of digital content other than on a tangible medium, but only if:
    • the performance has begun with the express prior consent of the consumer; and
    • the consumer has stated that they lose their right of withdrawal.

Article 11 - 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This binding to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of Agreement and Extra Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, their 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 their part of the agreement.
  3. An extra guarantee is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they have failed to fulfill their part of the agreement.

Article 13 - Delivery and Execution

  1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
  4. After 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 rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 14 - Continuing Performance Contracts: Duration, Termination, and Renewal

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to termination at a specific time or in a specific period;
    • at least terminate in the same manner as they were entered into by the consumer;
    • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

  1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed term.
  2. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. 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 dictate otherwise against termination before the end of the agreed duration.

Article 15 - Payment

  1. Unless otherwise specified 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 term starts on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  4. If the consumer does not timely meet their payment obligation(s), they are, after being notified by the entrepreneur of the late payment and the entrepreneur granting the consumer a period of 14 days to still fulfill their payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints Procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. 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.
  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 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
  2. Any dispute must be submitted to the Amsterdam District Court after the complaints procedure has been followed.

Article 18 - Additional or Different Provisions

Additional or different 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 the consumer can store them in an accessible manner on a durable medium.