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Terms and Conditions

General Terms and Conditions VTREAT 2020

VTREAT (hereinafter: VTREAT) established in Amsterdam i s registered with the Chamber of Commerce under number 77807677.

Article 1 - Definitions

  1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise:
  2. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these conditions are inseparably linked.
  3. Buyer: The natural person who does not act in the exercise of a profession or business who enters into a (distance) Agreement with the Seller.
  4. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from VTREAT.
  5. Products: The Products offered by VTREAT are specially selected herbs with a powerful, healing effect that stimulate the body in a natural way by steaming it with accessories such as a steam seat that can be attached to the toilet.
  6. Seller: The supplier of Products to the Buyer, hereinafter: VTREAT.

Article 2 - Applicability

  1. These general terms and conditions apply to every Offer by VTREAT and every Agreement between VTREAT and a Buyer and to every Product offered by VTREAT.
  2. Before an Agreement is concluded (remotely), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, VTREAT will indicate to the Buyer how the Buyer can inspect the general terms and conditions, which in any case have been published on the VTREAT website, so that the Buyer can easily store these general terms and conditions on a durable medium.
  3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with VTREAT.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and / or purchase conditions of the Buyer are explicitly rejected.
  5. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force and the invalid / voided provision (s) will be replaced by a provision with the same purport as the original provision. .
  6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
  7. If reference is made to him / her in these general terms and conditions, this should also be understood as a reference to he / him / his, if and insofar as applicable.

Article 3 - The Offer

  1. All offers made by VTREAT are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been recorded in writing.
  2. The Offer made by VTREAT is without obligation. VTREAT is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, VTREAT has the right to refuse an Agreement with a potential Buyer for a valid reason for VTREAT.
  3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind VTREAT. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or termination of the Agreement (at a distance). VTREAT cannot guarantee that the colors in the image exactly match the real colors of the Product.
  4. Delivery times and periods stated in the VTREAT Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
  5. A composite quotation does not oblige VTREAT to deliver part of the goods included in the offer or Offer at part of the stated price.
  6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the out-is-out principle.

Article 4 - Establishment of the Agreement

  1. The Agreement is concluded when the Buyer has accepted an Offer from VTREAT by paying for the relevant Product.
  2. An Offer can be made by VTREAT via the website.
  3. If the Buyer has accepted the Offer by concluding an Agreement with VTREAT, VTREAT will confirm the Agreement with the Buyer in writing, or at least by e-mail.
  4. If the acceptance deviates (on minor points) from the Offer, VTREAT is not bound by it.
  5. VTREAT is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
  6. The buyer has the right to assert its right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are at the expense of the Buyer.
  7. Products that cannot be returned for hygienic reasons are excluded from the right of withdrawal. Products that have a limited shelf life cannot be revoked after the seal has been broken. This is explicitly stated in the Offer.

Article 5 - Implementation of the Agreement

  1. VTREAT will execute the Agreement to the best of its knowledge and ability.
  2. If and insofar as required for the proper execution of the Agreement, VTREAT has the right to have certain activities performed by third parties at its own discretion.
  3. The Buyer shall ensure that all information, of which VTREAT indicates that it is necessary or of which the Buyer should reasonably understand that it is necessary for the performance of the Agreement, is provided to VTREAT in a timely manner. If the information required for the execution of the Agreement is not provided to VTREAT in time, VTREAT has the right to suspend the execution of the Agreement.
  4. In the performance of the Agreement, VTREAT is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for VTREAT, the Buyer is obliged to reimburse the additional or additional costs accordingly.
  5. Before proceeding to implement the Agreement, VTREAT may require security from the Buyer or full advance payment.
  6. VTREAT is not liable for damage, of whatever nature, that has arisen because VTREAT relied on incorrect and / or incomplete information provided by the Buyer, unless VTREAT was aware of this inaccuracy or incompleteness.
  7. The Buyer indemnifies VTREAT against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 - Delivery

  1. If the commencement, progress or delivery or completion of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided sufficient cooperation, the (down) payment has not been received by VTREAT on time or due to other circumstances outside the power of VTREAT if any delay occurs, VTREAT is entitled to a reasonable extension of the delivery / completion period. All agreed delivery terms are never strict deadlines. The buyer must give VTREAT written notice of default and allow it a reasonable period of time to still be able to deliver or deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
  2. The Buyer is obliged to take delivery of the goods at the time when they are made available to it in accordance with the Agreement, even if they are offered earlier or later than agreed.
  3. If the Buyer refuses or fails to provide information or instructions that are necessary for the delivery, VTREAT is entitled to store the goods at the expense and risk of the Buyer.
  4. If the Products are delivered by VTREAT or an external carrier, VTREAT is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless explicitly agreed otherwise.
  5. If VTREAT requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the performance available to VTREAT.
  6. If VTREAT has stated a term for delivery, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
  7. VTREAT is entitled to deliver the goods in parts, unless this has been deviated from by Agreement or the partial delivery has no independent value. VTREAT is entitled to invoice the delivered goods separately.
  8. Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. VTREAT reserves the right to refuse delivery if there are well-founded fears of non-payment.

Article 7 - Packaging and transport

  1. VTREAT undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
  2. Unless otherwise agreed in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
  3. Accepting goods without any comments or remarks on the consignment note or receipt counts as proof that the packaging was in good condition at the time of delivery.

Article 8 - Investigation, complaints

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether she will keep the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
  2. The Buyer is obliged to investigate and inform himself in what way the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. VTREAT accepts no liability for the incorrect use of the Product by the Buyer.
  3. Any visible defects or shortages must be reported to VTREAT in writing after delivery to info@vtreat.nl. The buyer has a period of 14 days after delivery for this. Invisible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In case of damage to the Product due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation of the Product.
  4. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of VTREAT in the manner indicated by VTREAT.
  5. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in their original condition and packaging to VTREAT, in accordance with VTREAT's return instructions. The direct costs for return shipments are at the expense and risk of the Buyer.
  6. For hygiene reasons, the herbs and the steam seat that can be attached to the toilet are excluded from the right of withdrawal. This is explicitly stated in the offer.
  7. VTREAT is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
  8. Refunds to the Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the return shipment. Refunds will be made to the previously specified account number.
  9. If the Seller exercises its right to complain, it has no right to suspend its payment obligation or to settle outstanding invoices.
  10. In the absence of a complete delivery, and / or if one or more Products are missing, and this is due to VTREAT, VTREAT will send the missing Product (s) or cancel the remaining order after a request from the Buyer. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from VTREAT.

Article 9 - Prices

  1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
  2. The prices stated in the Offer include VAT, unless explicitly stated otherwise.
  3. The prices as stated in the Offer are based on the cost factors applicable at the time of entering into the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. In the event of Products or raw materials of which there are price fluctuations on the financial market and on which VTREAT has no influence, VTREAT can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 - Payment and collection policy

  1. Payment should preferably be made in advance in the currency in which the invoice is made via the indicated method. Payment can also be made afterwards in the manner indicated by VTREAT.
  2. The buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
  3. The buyer must make a lump payment into the account number and details of VTREAT made known to it. The parties can only agree on a different payment term after explicit and written permission from VTREAT.
  4. If a periodic payment obligation of the Buyer has been agreed, VTREAT is entitled to adjust the applicable prices and rates in writing, with due observance of a period of 3 months.
  5. In the event of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, the claims of VTREAT on the Buyer are immediately due and payable.
  6. VTREAT has the right to have the payments made by the Buyer stretch in the first place to reduce the costs, then to reduce the interest that has become due and finally to reduce the principal and the current interest. VTREAT can, without being in default as a result, refuse an offer of payment if the Buyer indicates a different order for the allocation. VTREAT can refuse full repayment of the principal sum, if the accrued and accrued interest as well as the costs are not also paid.
  7. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the payment period of 14 days set for this, the Buyer, being a Company, is in default. Buyer, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfill his obligations within that period, before they is in default.
  8. From the date that the Buyer is in default, VTREAT will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision. compensation for extrajudicial collection costs from 1 July 2012.
  9. If VTREAT has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

Article 11 - Retention of title

  1. All goods delivered by VTREAT remain the property of VTREAT until the Buyer has fulfilled all of the following obligations under all Agreements concluded with VTREAT.
  2. The buyer is not authorized to pledge or encumber in any other way the goods falling under the retention of title if the ownership has not yet been transferred in full.
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to notify VTREAT of this as soon as may reasonably be expected.
  4. In the event that VTREAT wishes to exercise its property rights indicated in this article, the Buyer gives unconditional and irrevocable permission and authorization to VTREAT or third parties to be designated by it to enter all those places where the properties of VTREAT are located and those items. also to take back.
  5. VTREAT has the right to retain the Product (s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over VTREAT. After the Buyer has complied with its obligations, VTREAT will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
  6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to VTREAT by the Buyer upon first request.

Article 12 - Warranty

VTREAT guarantees that the Products comply with the Agreement, the specifications, usability and / or reliability stated in the offer and the legal rules / regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement. VTREAT never gives guarantees about any results to be achieved or effect of the Products.

Article 13 - User instructions Products

  1. Buyer of Products must follow the regulations and instructions of VTREAT. These regulations and instructions can be consulted on the VTREAT website.
  2. The Product is not suitable in the following cases: during pregnancy or suspected pregnancy; for wounds, sores or blisters; during menstruation; with infections; when Koper is undergoing hormone treatment; in the event that the Buyer wears piercings; in kidney disease or when using a spiral.
  3. The Product is not intended to diagnose, treat, cure or prevent any disease. The prescriptions and instructions given by VTREAT are for informational purposes only and are therefore not to be regarded as medical advice. Buyer should always consult a physician or qualified healthcare practitioner if Buyer has an underlying medical condition.

Article 14 - Suspension and dissolution

  1. VTREAT is entitled to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
  2. Moreover, VTREAT is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not comply on time or properly with the obligations arising for him from any Agreement concluded with VTREAT.
  3. Furthermore, VTREAT is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required, or if circumstances arise otherwise which are such that unaltered maintenance of the Agreement cannot be reasonably expected.
  4. If the Agreement is dissolved, the claims of VTREAT on the Buyer are immediately due and payable. When VTREAT suspends fulfillment of its obligations, it retains its rights under the law and Agreement.
  5. VTREAT always reserves the right to claim compensation.

Article 15 - Limitation of liability

  1. If the performance of the Agreement by VTREAT leads to liability of VTREAT towards the Buyer or third parties, that liability is limited to the costs charged by VTREAT in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of VTREAT is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
  2. A limitation of liability applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  3. VTREAT is not liable for burns, blisters or other (injury) damage as a result of steaming the Product too hot. The use of the Product is at the expense and risk of the Buyer.
  4. VTREAT is not liable for (injury) damage in the event that the Buyer uses the Product despite the fact that the use is expressly discouraged by VTREAT for medical reasons and / or other reasons or if its treating physician advises against using such Products.
  5. If any result set out in the Agreement is not achieved, a shortcoming of VTREAT will only be deemed to exist if VTREAT has expressly promised this result when accepting the Agreement. Therefore, VTREAT does not guarantee any results and the effect of the Product has not been scientifically proven.
  6. Any advice provided by VTREAT on the basis of incomplete and / or incorrect information provided by the Buyer is never grounds for VTREAT's liability.
  7. The content of the advice delivered by VTREAT is not binding and only advisory in nature. The Buyer decides itself and on its own responsibility whether it will follow the proposals and advice of VTREAT mentioned therein. All consequences arising from the follow-up of the advice are at the expense and risk of the Buyer. The buyer is at all times free to make its own choices that deviate from the advice provided by VTREAT. VTREAT is not bound by any form of refund if this is the case.
  8. If a third party is engaged by or on behalf of the Buyer, VTREAT is never liable for the actions and advice of the third party engaged by the Buyer as well as the processing of results (of advice drawn up) of the third party engaged by the Buyer in VTREAT's own advice.
  9. VTREAT is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or of linked websites.
  10. VTREAT is not responsible for errors and / or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
  11. VTREAT does not guarantee the correct and complete transmission of the content of and e-mail sent by / on behalf of VTREAT, nor the timely receipt thereof.
  12. All claims of the Buyer due to failure on the part of VTREAT will lapse if they have not been reported to VTREAT in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case lapse one year after the termination of the Agreement.

Article 16 - Force majeure

  1. VTREAT is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, legal act or generally accepted beliefs.
  2. Force majeure is in any case understood to mean, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of VTREAT, (ii) failure to properly fulfill obligations of suppliers to VTREAT by the Buyer. prescribed or recommended, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to cybercrime and hacking), ( vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at VTREAT's company and (xi) other situations that, in VTREAT's opinion, are beyond its control that temporarily fulfill its obligations or permanently prevent it.
  3. VTREAT has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after VTREAT should have fulfilled its obligation.
  4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
  5. Insofar as VTREAT has in the meantime partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the commencement of force majeure, and independent value is attributed to the part that has been fulfilled or to be fulfilled, VTREAT is entitled to to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 - Transfer of risk

The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a company at the moment the goods leave the VTREAT warehouse. For Consumers, the aforementioned risk will pass to the Buyer if the Products have been provided under the control of the Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.

Article 18 - Intellectual Property Rights

  1. All intellectual property rights and copyrights of VTREAT remain exclusively with VTREAT and are not transferred to the Buyer.
  2. The Buyer is prohibited from disclosing and / or duplicating, modifying or making available to third parties all documents on which VTREAT's intellectual property rights and copyrights rest without explicit prior written permission from VTREAT. If the Buyer wishes to make changes to goods delivered by VTREAT, VTREAT must explicitly agree to the intended changes.
  3. The Buyer is prohibited from using the Products on which VTREAT's intellectual property rights rest other than agreed in the Agreement.

Article 19 - Privacy, data processing and security

  1. VTREAT handles the (personal) data of the Buyer and visitors to the website (s) with care. If requested, VTREAT will inform the person concerned about this.
  2. If VTREAT is required on the basis of the Agreement to provide security for information, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs. .

Article 20 - Complaints

  1. If the Buyer is not satisfied with the Products of VTREAT and / or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that led to the complaint. . Complaints can be reported via info@vtreat.nl with the subject “Complaint”.
  2. The complaint must be sufficiently substantiated and / or explained by the Buyer if VTREAT is to be able to process the complaint.
  3. VTREAT will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
  4. The parties will try to find a solution together.

Article 21 - Applicable law

  1. Dutch law applies to every Agreement between VTREAT and Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. VTREAT has the right to unilaterally change these general terms and conditions.
  3. All disputes arising from or in connection with the Agreement between VTREAT and Buyer will be settled by the competent court of the Amsterdam District Court, unless mandatory provisions of law lead to the jurisdiction of another court.

Amsterdam, September 24, 2020