General terms and conditions of GezondWaterDrinking

General Terms and Conditions of Healthy Water Drinking

Article 1. Applicability

1.1 Healthy Water Drinking (GWD) is a trade name of Oneness Management as registered with the Amsterdam Chamber of Commerce under number 3145678.
1.2 All offers, orders and agreements of GWD are subject to these General Terms and Conditions of Sale (hereinafter: Conditions) to the exclusion of any other applicable conditions.
1.3 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.4 The provisions of these Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force and effect.
1.5 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements on behalf of GWD, are equally stipulated on behalf of intermediaries and other third parties engaged by GWD.

Article 2. Offers/agreements

2.1 All offers made by GWD are non-binding and GWD expressly reserves the right to modify its prices, in particular when required by (legal) regulations. See also article 3.6.
2.2 An agreement only comes into effect after acceptance of your order by GWD. It is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, GWD will communicate this within ten (10) working days after receipt of the order.
2.3 In case of non-payment as well as in case of contracts entered into, as in the case of the Service-Maintenance Subscription with an extended additional guarantee period of 2 years, GWD will, after summons, declare the Client in default and reserves the right to unilaterally terminate the contract. The extended warranty hereby automatically expires and has become irrevocable.
2.4 For modifications or amendments to current contracts, which have been concluded without GWD's written knowledge, GWD also reserves the right to modify or otherwise rescind the contract where necessary.

Article 3. Prices and payments

3.1 The prices stated in the GezondWaterDrinken web shop for the Alpha products offered are in Euros, inclusive of 21% VAT and inclusive of handling and shipping costs within the Benelux. Import taxes and other customs duties are also included, unless otherwise stated or agreed in writing.
3.2 Payment shall be made in advance, unless otherwise agreed in writing.
3.3 Payment can be made according to one of the options; iDeal (NL), Paypal, Creditcard or bank transfer which payment methods are also shown during the ordering process. Your order may be subject to further (payment/order) conditions, which will always be clearly stated if applicable.
3.4 If the term of payment is exceeded, you are in default from the day on which payment should have been made and, from that day onwards, you are liable to pay default interest of 1.5% per month or part of a month on the outstanding amount. If payment is made after GWD has sent a reminder, you shall be liable for administrative costs in the amount of forty-five euros (EUR 45), and if GWD outsources its claim for collection, you shall also be liable for the collection costs, which shall be at least fifteen per cent (15%) of the outstanding amount, without prejudice to GWD's authority to claim instead the extrajudicial collection costs actually incurred.
3.5 If you are in default of any payment, GWD is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.6 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days of GWD's notification of the price increase.

Article 4. Delivery

4.1 The delivery times specified by GWD are normally achievable. Due to an unexpected run on certain items, a delivery may be delayed. Exceeding of any delivery time does not give you the right to compensation nor the right to cancel your order or rescind the agreement, unless the exceeding of the delivery time is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or dissolve the agreement to the extent necessary.
4.2 Delivery of the products shall take place at the place and time when the products are ready for dispatch to you.

Article 5. Retention of title

5.1 Ownership of delivered products is transferred only when you have paid all that you owe to GWD under any contract. The risk regarding the Products already passes to you at the moment of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights resting on the products supplied by GWD.
6.2 GWD cannot guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property right of third parties.

Article 7. Complaints and liability

7.1 You have the obligation to check upon delivery whether the Products comply with the agreement. If this is not the case, you should inform GWD as soon as possible and in any case within three (3) working days after the delivery, or at least after observation was reasonably possible, by email (info@gezondwaterdrinken.nl) and motivated.
7.2 If it is proven that the products do not comply with the agreement, GWD has the choice of replacing the products in question with new products upon their return or refunding the invoice value thereof.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the product to GWD within fourteen (14) working days after delivery. (address: Waarderweg 33 8A, 2031 BN Haarlem) The buyer should insure these goods against damage caused by transport upon shipment. Returns in this case will only be accepted if the original packaging of the product is undamaged -if reasonably possible-, whereby it also applies that the costs for returns are at your expense.
7.4 For the crediting and administrative settlement of return shipments or in case of cancellation of an already paid order, GWD will deduct a one-time €15.00 administration fee from the invoice amount paid by the Buyer.
7.5 Refund of goods rejected by Buyer;
The sum paid will be transferred to the Buyer by bank transfer within 7 working days at the latest, after receipt and inspection of the goods. Returned goods will be refused by GWD and sent back to the Buyer, in case of missing or damaged original packaging or when the goods have been used or damaged by the Buyer. In case of refusal of receipt at the door by the Buyer, a fee stipulated in article 7.6 will be deducted from the refund.
7.6 In case of refusal of receipt by the customer of a prepaid shipment, an indemnity in the amount of €25.00 for shipping costs + €15.00 handling fee will be charged. You authorise, by means of your order, GWD to automatically collect this indemnity via a one-off direct debit from the bank account number you provided when placing your order.
7.7 Please also see our Return and Refund Policy which applies to all products in our Webshop.

Shipping address Returns: Healthy Water Drinking, Troelstralaan 36 2104 VP Heemstede

Article 8. Orders/communication

8.1 GWD shall not be liable for any misunderstanding, mutilation, delay or improper transmission of orders and notices resulting from the use of the Internet or any other means of communication in the traffic between you and GWD, or between GWD and third parties, insofar as such communication relates to the relationship between you and GWD, unless and insofar as there has been an intentional act or omission or gross negligence on the part of GWD.

Article 9. Force majeure

9.1 Without prejudice to its other rights, in case of force majeure GWD has the right, at its own discretion, to suspend the execution of your order, or to terminate the agreement without judicial intervention, by informing you in writing and without GWD being held to any damages, unless this would be unacceptable in the given circumstances according to the standards of reasonableness and fairness.
9.2 Force majeure is defined as any shortcoming that cannot be attributed to GWD, because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted standards.

Article 10. Miscellaneous

10.1 If you provide GWD with an address in writing, GWD is entitled to send all orders to that address, unless you provide GWD with another address in writing to which your orders are to be sent.
10.2 Any deviations from these conditions allowed by GWD, whether tacitly or not, for a short or longer period of time, do not affect its right to still demand direct and strict compliance with these conditions. You can never assert any rights based on the fact that GWD applies these Terms and Conditions too leniently.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with GWD should be in conflict with any applicable legal regulation, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by GWD.
10.4 TB is authorised to use third parties in the execution of your order(s).
10.5 TB Customer Service can be reached on working days by telephone from: 09:00 - 18:00 via no.: 06-34198088 and further by email: info@gezondwaterdrinken.nl.

Article 11. Applicable law and competent court

11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
11.2 All disputes arising from the contracts concluded between the parties, including the mere collection of the amount due, will be brought before the Civil Court of GWD's place of business, in this Haarlem, and if desired, to the extent that the Civil Court is legally competent to do so.