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GENERAL TERMS AND CONDITIONS NUTRITIONAL SUPPLEMENTS BIOTARIS BV
Table of Contents:
Article 1 – Definitions.
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Articele 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaint Procedure
Article 14 – Disputes
Article 15 – Additional or different provisions
Article 1. Definitions
In these terms and conditions the following definitions apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers distance products to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication.
Article 2. Identity of the entrepreneur
Biotaris B.V.
Director: Mr. Silvio Poell
Greveslag 23
6662 VA Elst
Tel: 0481-358942
info@biotaris.com
Chamber of Commerce: 09095915
VAT no. NL 806165121B01
Article 3. Applicability
These general conditions apply to the sale of food supplements offered by Biotaris BV and the related distance contract between the entrepreneur and the consumer. A reference by the consumer to its own general or purchase conditions, is expressly rejected by us. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that at the consumer’s request they will be sent electronically or otherwise free of charge.
Article 4. The offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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 costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
and any other languages, besides Dutch, in which the agreement can be concluded.
Article 5. The agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance of the offer by the consumer and the fulfillment of the accompanying conditions. By placing an order, the buyer declares to be familiar with and agree to these terms and conditions. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will make the information indicated below available to the consumer on the website:
a contact point where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information included in article 4 paragraph 3 of these terms and conditions.
Article 6. Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 10 days. This reflection period starts on the day of receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care.
If he exercises his right of withdrawal, he will return the product to the entrepreneur in its original condition and unopened packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7. Costs in case of withdrawal
If the consumer uses his right of withdrawal, at most the costs of returning the product will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after receipt of the product concerned, provided that the packaging is unopened.
Article 8. Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal to the extent provided for in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products whose packaging has been opened.
Article 9. The price
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates. The prices of the products mentioned in the offer are inclusive of VAT.
Article 10. Conformity and Warranty
The entrepreneur guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
Article 11. Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders of products.
The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days. Delivery times of products that are not in stock will only be indicated approximately. If the delivery is delayed by our parcel service, such that it is beyond our control, we cannot be held liable for this. If an order can not or only partially be performed, the consumer receives the order no later than 30 days after he has placed the order, notice. The consumer in that case has the right to dissolve the agreement without cost. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. The risk of damage and/or loss of products rests with the entrepreneur until the moment of transfer to the parcel service, or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise. Once the product is delivered, the risk lies with the consumer.
Article 12. Payment
The amounts owed by the consumer must be paid during the ordering process before the product is sent to the consumer by the entrepreneur. The consumer has the duty to report inaccuracies in payment data provided or stated immediately to the entrepreneur.
Article 13. Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 5 working days, fully and clearly described, after the consumer has found the defects. Filing a complaint does not suspend the consumer’s payment obligation. Complaints submitted to the entrepreneur will be answered within a period of 10 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond, within a period of 10 days, with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 14. Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
Article 15. Additional or different provisions
Additional or different provisions of these general conditions may not be to the disadvantage of the consumer and should be recorded in writing or in such a way that the consumer in an accessible way can be stored on a durable medium.
Disclaimer Biotaris
All information on this website is intended for members of (para)medical professions. All information is carefully collected and describe the natural products such as Colostrum from cows and goats and its contents.
All information on this website is for informational purposes only. It is not intended to replace the advice of one’s own doctor or specialist. The information from this website is not intended to diagnose health problems or prescribe products. Always consult your own physician or specialist.
No statement on this website should be construed as a claim or assertion that these products are intended to be used in the treatment or prevention of any disease. Any advice given is entirely without obligation and is solely in the area of nutrition and dietary supplements. Never discontinue medication without first consulting your physician/specialist. If you are physically ill, consult a therapist or doctor and follow his/her advice. Biotaris nor the authors accept liability for any damage, that might result from any inaccuracies or omissions.
Applicable law
The use of the website www.biotaris.com is subject to the laws of the European Union, without conflicting with the applicable Dutch laws. Any legal action or proceeding between you and the owner of the website will only occur in Arnhem, The Netherlands.