Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable data carrier: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;

7. Entrepreneur: the sole proprietorship Namasteen that offers products and/or services to consumers remotely;

8. Distance Contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

9. Distance Communication Mechanism: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same location at the same time.

10. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Namasteen

info@namasteen.nl

Chamber of Commerce number: 82620474

VAT identification number: NL003707177B85

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

2. 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 in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

3. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.

4. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

3. 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 true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This concerns, in particular:

· the price including taxes;

· any shipping costs;

· the applicability of the right of withdrawal;

· the method of payment, delivery, and performance of the agreement;

Article 5 – Items from the webshop are not medicines

1. The entrepreneur's offer contains products whose effectiveness has not been scientifically proven. The consumer acknowledges that the product descriptions are for informational purposes only. The product descriptions are not scientifically substantiated or proven. The consumer cannot derive any rights or make any claims with regard to the product descriptions or otherwise with regard to the content of or information on the Website.

2. The entrepreneur's offer does not contain any medicines. For specialist medical and/or psychological recommendations, the consumer should consult a medical specialist.

3. The entrepreneur uses informative sources to compile the product descriptions. Nevertheless, certain product information may be incomplete or inaccurate. The entrepreneur reserves the right to implement changes immediately and without notice.

Article 6 - The Agreement

4. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

5. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

6. 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.

7. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.

Article 7 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, receives the product.

2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must notify the seller using the model form or another means of communication, such as info@namasteen.nl. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

4. If the consumer has not indicated their wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the seller, the purchase is final.

Article 8 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of return shipping.

2. If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.

3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any diminished value of the product.

Article 9 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. that are clearly personal in nature;

b. for hygiene products of which the consumer has broken the seal.

Article 10 - The Price

1. During the validity period stated 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.

2. The prices stated in the offer for products or services include VAT.

3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 11 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

4. The warranty does not apply if:

· The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 12 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has provided to the company.

3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly stated no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. 7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

2. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

4. In the event of complaints, a consumer must first contact Namasteen. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

This page was last modified on November 5, 2022.