Terms of service

 

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  • Supplementary agreement: an agreement in which a consumer acquires products, digital content, and/or services via a distance contract, and a business or third party delivers these in accordance with an agreement between that third party and the business;
  • Cooling-off period: the period during which a consumer may exercise their right of withdrawal;
  • Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;
  • Day: calendar day;
  • Digital content: data produced and supplied in digital form;
  • Durable data carrier: any tool – including email – that enables a consumer or business to store information directed to them personally, in a way that allows future access or use for a period suited to the purpose of the information, and which allows unaltered reproduction of the stored information;
  • Right of withdrawal: the option for a consumer to cancel a distance contract within the cooling-off period;
  • Business (Entrepreneur): the natural or legal person offering products, (access to) digital content, and/or services at a distance to consumers;
  • Distance contract: a contract concluded between a business and a consumer within the framework of an organized system for the distance selling of products, digital content, and/or services, where up to and including the conclusion of the agreement, one or more technologies for remote communication are used;
  • Technology for remote communication: means that can be used to conclude a contract without the consumer and business being in the same place at the same time.

Article 2 – Identity of the Business

  • Business name: Essentuary
  • Business address: Postbus 15482, 1001 ML, Amsterdam
  • Phone number: +31687409884 (available on weekdays between 10:00 and 17:00)
  • Email address: hello@essentuary.nl
  • Chamber of Commerce (KvK) number: 58487387
  • VAT number: NL002212175B39

Article 3 – Applicability

These general terms and conditions apply to every offer from the business and every distance contract concluded between the business and the consumer. Before the agreement is concluded, the terms and conditions are made available to the consumer. If this is not possible, the consumer will be informed where they can view the terms digitally and that a copy will be sent free of charge upon request.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be clearly stated. The offer contains a complete and accurate description of the products, digital content, and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.

Article 5 – The Agreement

The contract is concluded at the moment of acceptance by the consumer, provided that the stated conditions have been met. If the agreement is concluded electronically, the business will take technical and organizational measures to secure the electronic transfer of data.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason, except for the following products. We apply the legal exception as stated in Article 6:230p of the Dutch Civil Code, because we must be able to guarantee hygiene for consumer safety:

  • Peri Bottle
  • Warm/Cold Breast Compresses
  • Cooling/Warming Soothing Maternity Pads

The cooling-off period begins the day after the consumer, or a third party designated by them, receives the product.

Article 7 – Consumer Obligations During the Cooling-Off Period

The consumer must handle the product and packaging with care and may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The consumer is liable for any reduction in value resulting from handling the product in a way that goes beyond what is permitted.

Article 8 – Business Obligations in Case of Withdrawal

Upon withdrawal, the business will refund the paid amounts, including shipping costs, within 14 days of receiving the returned product. The refund will be processed via the same payment method used for the original purchase.

Article 9 – Prices

During the validity period of the offer, prices will not be increased except for changes in VAT rates due to legislation. Prices include VAT and exclude any shipping costs.

Article 10 – Delivery and Performance

The business will exercise the utmost care when receiving and executing product orders. The risk of damage and/or loss lies with the business until the product is delivered to the consumer.

Article 11 – Payment

Payment must be made within 14 days from the invoice date. If the consumer does not pay on time, they are in default and the business may charge statutory interest and collection fees.

Article 12 – Liability

Essentuary is not liable for indirect, consequential, or incidental damages resulting from the use of products or services, unless required by law. The maximum liability is limited to the purchase price of the product.

Article 13 – Warranty

  1. Essentuary guarantees that the delivered products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability.
  2. In addition to the statutory rights that the consumer has, Essentuary grants an additional warranty of 12 months after purchase. This warranty means that defects in the product not caused by improper use or normal wear and tear will be repaired free of charge or that the product will be replaced.
  3. If repair or replacement is not possible, the consumer is entitled to a reasonable replacement or reimbursement of (part of) the purchase price.
  4. The warranty does not apply if:
    a. the defect arose from improper or inappropriate use;
    b. the consumer or third parties have made changes to the product;
    c. the defect was caused by external factors such as fire or water damage.

Article 14 – Force Majeure

Essentuary is not liable for delays or failure to meet obligations due to force majeure, including natural disasters, pandemics, transport disruptions, and government measures.

Article 15 – Intellectual Property

All intellectual property rights related to Essentuary products, the website, and content remain the property of Essentuary. It is not permitted to copy or distribute content or products without permission.

Article 16 – Complaints Procedure

The business has a well-publicized complaints procedure. Complaints must be submitted clearly and completely within a reasonable time via hello@essentuary.nl. A substantive response will be given within 14 days of receipt.

Article 17 – Disputes and Governing Law

Contracts between the business and consumer are governed exclusively by Dutch law. Disputes will be submitted to the competent court in the Netherlands.