Terms of service

Table of Contents Article 1 - Definitions Article 2 - Identity of the entrepreneur Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Costs in case of withdrawal Article 8 - Exclusion of right of withdrawal Article 9 - The price Article 10 - Conformity and Warranty Article 11 - Delivery and execution Article 12 - Duration transactions: duration, termination, and extension Article 13 - Payment Article 14 - Complaints procedure Article 15 - Disputes Article 16 - Additional or different provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase of which is spread over time;
  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that facilitates future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
  • Model form: the model withdrawal form that the entrepreneur makes available for a consumer to fill out when they want to exercise their right of withdrawal;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, using one or more techniques for distance communication;
  • Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space.

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

Article 2 - Identity of the entrepreneur Social SET - sales partner of Relax Master Steenkoolstraat 2, Hoensbroek, Netherlands 6432BG Hoensbroek

Phone number: +31622905404 Email address: info@relaxmaster.nl Chamber of Commerce number: 83099859 VAT identification number: NL862726396B01

Article 3 - Applicability These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer as soon as possible at no extra cost. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable medium. If this is reasonably not possible, it will be indicated where the consumer can electronically acquaint themselves with the general terms and conditions before concluding the distance contract and that at the consumer’s request, they will be sent electronically or otherwise free of charge. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer can always invoke the applicable provision most favorable to them in the event of conflicting terms and conditions. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, the contract and these terms and conditions shall remain in place for the remainder, and the provision in question will be replaced immediately in mutual consultation by a provision that approximates the original as closely as possible. Situations not governed by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the contract. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the true colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the contract will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer, or the period for adhering to the price;
  • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • how the consumer can check and, if desired, correct the data they have provided in the context of the contract before concluding it;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the 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 contract.

2. If the contract 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 take appropriate security measures.

3. The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution.

4. The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:

  • the visit address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing post-purchase services;
  • the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of Withdrawal For the delivery of products:

  • When purchasing products, the consumer has the option to dissolve the contract without giving any reasons for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  • During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur using the model form or by another means of communication such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of shipping.
  • If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes a fact.

For the delivery of services:

  • When providing services, the consumer has the option to dissolve the contract without giving any reasons for at least 14 days, starting on the day of entering into the contract.
  • To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

  • If the consumer exercises his right of withdrawal, the maximum cost of return shipping shall be borne by him.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product already having been received back by the entrepreneur or conclusive proof of complete return can be submitted. Refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
  • If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  • The consumer cannot be held liable for the depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid 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:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
  • concerning lodging, transport, restaurant business, or leisure activities to be carried out on a certain date or during a specific period;
  • whose delivery has begun with the express consent of the consumer before the end of the reflection period;
  • concerning betting and lotteries.

Article 9 - The Price

  • During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  • Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any listed prices are indicative prices will be stated in the offer.
  • Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
  • Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the right to terminate the contract with effect from the day on which the price increase starts.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the case of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

  • The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  • A warranty provided by the entrepreneur, a manufacturer or an importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
  • Legal warranty applies to all products. The duration of the legal warranty may vary depending on the nature of the product.
  • Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery.
  • The warranty does not apply if:
    • the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
    • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
    • the inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 - Delivery and Execution

  • The entrepreneur shall observe the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive notice of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without costs. The consumer is not entitled to compensation.
  • All delivery periods are indicative. No rights can be derived from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  • In case of termination 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 termination.
  • If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the account of the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination and Extension

Termination:

  • The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
  • The consumer can terminate a contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month.
  • The consumer can the agreements mentioned in the previous paragraphs:
    • terminate at any time and not be limited to termination at a specific time or in a specific period;
    • at least terminate in the same way as they are entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension:
  • A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
  • Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months if the consumer can terminate this extended contract by the end of the extension with a notice period of at most one month.
  • A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • A contract with a limited duration for the regular introduction to daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and ends automatically after the trial or introductory period. Duration:
  • If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after entering the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  • The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
  • In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Sure, here's the translation of the text from Dutch to English:

Article 14 - Complaints Procedure

  • The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution process.
  • For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Presenting a dispute to this disputes committee involves costs that must be paid by the consumer to the respective committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  • Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.
  • The Vienna Sales Convention does not apply.

Article 16 - Additional or Different Provisions

  • Additional or different provisions from these general terms and conditions may not be to the detriment of 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 medium.