Terms of service
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement under which, within a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the contract, exclusive use is made of one or more distance communication techniques;
Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Day: calendar day;
Duration of the transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;
Durable medium: any instrument that enables the consumer or the entrepreneur to store information addressed to him personally in an accessible manner for future consultation and the unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Twofortheroad B.V.
Business name: Collab Vitalis
Business address: Barnsteenstraat 13, 4817HR Breda, NL (Please note: this is not the return address)
Chamber of Commerce number: 866862237
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Any offer made on the website in any form is considered a non-binding offer. Obvious errors or obvious errors regarding the description of the products and services in the offer do not bind Collab Vitalis.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the manner in which the contract will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or performance of the contract; the period for accepting the offer or the period for honouring the price;
the level of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic tariff;
if the contract is archived after its conclusion, how it can be consulted by the consumer;
the way in which the consumer can learn about actions that he does not want before concluding the contract, as well as how he can rectify them before the contract is concluded;
the possible languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.
Article 5 – The contract
Without prejudice to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.
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, the consumer can withdraw from the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within the legal frameworks – inquire 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 conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s premises where the consumer can go to complain;
b. the conditions and methods under which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on after-sales service and existing guarantees;
d. the price, including all taxes, of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
f. if the consumer has the right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
For products;
The consumer may withdraw from an agreement concerning the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for the withdrawal, but may not oblige him to state his reasons.
The withdrawal period referred to in paragraph 1 begins on the day following that on which the consumer, or a third party designated by the consumer in advance, other than the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
For services and digital content not supplied on a tangible medium:
The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot force him to state his reasons.
The withdrawal period referred to in paragraph 3 begins on the day after the conclusion of the contract.
Any request for cancellation of the purchase must be made in writing to Collab Vitalis.
Article 7 – Obligations of the consumer during the withdrawal period
During the withdrawal period, the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any decrease in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in the value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and related costs
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has nevertheless complied with the return period if he returns the product before the withdrawal period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in the original condition and packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur allows the consumer to notify the withdrawal electronically, he will send an acknowledgement of receipt immediately after receiving such notification.
The entrepreneur shall reimburse all payments made by the consumer, including the delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait for the reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive delivery method 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 may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur during the withdrawal period;
Contracts concluded during a public auction. A public auction is a sales method by which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility of being personally present at the auction, under the direction of an auctioneer, and by which the successful tenderer is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
performance has begun with the express prior consent of the consumer; and
the consumer has declared that he will lose the right of withdrawal once the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and, for purposes other than residential, the transport of goods, car rental and catering services;
Contracts relating to recreational activities, if the contract provides for a specific date or period of performance;
Products manufactured according to the consumer’s specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer or that are clearly intended for a specific person;
Products that deteriorate rapidly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and have been opened after delivery;
Products that, after delivery, are by their nature irreversibly mixed with other products;
Alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video and computer software recordings, the seal of which has been broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The supply of digital content on media other than tangible media, but only if:
the performance has begun with the prior express consent of the consumer; and
the consumer has declared that he loses the right of withdrawal.
Article 11 – The price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. Such subjection to fluctuations and the fact that all prices indicated are target prices must be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has concluded it and:
a) are the result of legal provisions or regulations; or
b) the consumer has the authority to withdraw from the contract on the day on which the price increase comes into effect.
The prices indicated in the offer of products or services include VAT.
Article 12 – Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of robustness and/or usability and the legal provisions and/or government regulations in force on the date of conclusion of the contract.
A guarantee agreement offered by the entrepreneur, the manufacturer or the importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract regarding a failure to fulfill the entrepreneur’s obligations.
Article 13 – Delivery and execution
The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services. The entrepreneur will provide a summary of the order after forwarding it to the consumer’s email address. After the order, the customer will receive a confirmation email containing a link to the general terms and conditions.
The place of delivery is the address that the consumer has communicated to the company.
Taking into account the provisions of Article 4 of these general conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed of this at the latest one month after placing the order. In this case, the consumer has the right to withdraw from the contract without costs and is entitled to any compensation.
In the event of termination pursuant to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If the delivery of an ordered product is impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items.
The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or to a previously designated representative made known to the entrepreneur, unless otherwise expressly agreed.
Article 14 – Long-term transactions: duration, termination and extension
Cancellation:
The consumer may at any time terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or during a specific period;
– at least cancel in the same way as they were concluded by him;
– always cancel with the same notice period that the entrepreneur has concluded for himself.
Extension:
An agreement concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily, weekly and magazine articles may be tacitly extended for a fixed period of up to three months, if the consumer can cancel such an extended agreement at the end of the extension with a notice period of up to one month.
An agreement concluded for a fixed period and providing for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer can cancel at any time with a notice period of no more than one month. The notice period shall not exceed three months if the agreement provides for the regular delivery, but less than once a month, of daily, weekly and news articles and magazine articles.
An agreement with a limited duration for the regular delivery of daily, weekly and news articles and magazine articles for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 – Payment
In our online store you can use the following payment methods:
Payment on delivery – in cash, the buyer pays the invoice to the courier who delivers the goods to the buyer’s address upon delivery;
Payment by credit card;
Payment via PayPal.
The Entrepreneur reserves the right to verify the selected payment method using authentication means. In addition, we reserve the right to further examine the selected payment method by asking you to send us the payment receipt.
The Entrepreneur informs the consumer that he must pay the full amount of the order (including any transaction and delivery costs) via the selected payment method. The consumer guarantees that he has the ability and right to carry out transactions using a credit card or any other selected payment method.
Article 16 – Complaints procedure
The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable period, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
Article 17 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of the displayed information, communications or other expressions relating to the products and/or the website are attributed to Collab Vitalis, its suppliers or other rights holders.
Article 18 Personal data.
Collab Vitalis will process the Buyer’s data exclusively in accordance with its privacy policy. Collab Vitalis will comply with the applicable privacy regulations and legislation.
Article 19 Applicable law and jurisdiction.
All offers of Collab Vitalis, its agreements and their execution are subject exclusively to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 20 Links
The Collab Vitalis website may contain advertisements from third parties or links to other websites. Collab Vitalis has no influence on the privacy policy of these third parties or their websites and is not responsible for them.
Article 21 Your rights
You can always ask Collab Vitalis what data about you is processed. To do so, you can send an e-mail. You can also ask Collab Vitalis by e-mail to make improvements, additions or other corrections, which Collab Vitalis will process as soon as possible. If you no longer wish to receive information, you can inform Collab Vitalis of this. The information will only be sent if you have provided your e-mail address for this purpose.
Article 22 Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be archived by the consumer in an accessible manner on a durable data medium.