TERMS OF SERVICE
Conditions of Use
Please read the following terms and conditions of use carefully before using this website.
All users of the www.biogoodies.nl agree that access to and use of this Website are subject to the following terms and conditions and all other mandatory applicable law. If you do not agree to these terms and conditions, please refrain from using our Website.
TABLE OF CONTENTS
Article 1 - Definitions
Article 2 - Identity of the Supplier
Article 3 - Applicability
Article 4 - The offer
Article 5 - Recipes
Article 6 - The contract
Article 7 - Right of withdrawal
Article 8 - Obligations of the Consumer during the right of withdrawal period
Article 9 - Exercise of the right of withdrawal by Consumer and applicable costs
Article 10 - The price
Article 11 - Compliance
Article 12 - Delivery and execution
Article 13 - Disclaimer
Article 14 - Termination
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Intellectual Property
Article 18 - Disputes and governing law
Article 19 - Additional or derogatory provisions
Article 1 - Definitions
The following definitions apply in the present terms and conditions:
1. ‘Ancillary Contract’ means a contract by which the Consumer acquires goods, digital content or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the Supplier or by a third party on the basis of an arrangement between that third party and the Supplier.
2. `Consumer` means any natural person who purchases goods, digital content and/or services for personal use and who is acting for purposes, which are outside his trade, business or profession;
3. `Day` means calendar day;
4. ‘Digital Content’ means data which are produced and supplied in digital form;
5. `Distance Contract` means any contract concerning goods, digital content and/or services, concluded between Supplier and a Consumer, under an organized distance sales or service-provision scheme run by Supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication, up to, and including, the moment at which the contract is concluded;
6. `Continuing Performance Contract` means a contract that requires successive or continuous performance within a specific period of time, and not a one-off performance;
7. `Durable medium` means any instrument which enables the Consumer or the Supplier to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
8. `Means of distance communication` is any means, which, without the simultaneous physical presence of the Supplier and the Consumer, may be used for the conclusion of a distance contract between those parties.
9. `Right of withdrawal` means the right of the Consumer to terminate the distance contract within the right of withdrawal period;
10. `Supplier` means BIOGOODIES, as identified in Article 2 below;
11. `Website` means www.biogoodies.nl
12. `Right of Withdrawal Period` means the period within which the Consumer may use its right of withdrawal;
Article 2 - Identity of the Supplier
Blokfluitstraat 15, 1312NT, Almere
Article 3 - Applicability
1. The present terms and conditions apply to all visitors of the Website, to all offers made by Supplier, as well as to all contracts between Supplier and the consumers.
2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, Supplier will, before the agreement is concluded remotely, indicate the manner in which its terms and conditions can be seen and that, at the request of the consumer, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the agreement is concluded, the text of these terms and conditions may be made available to the Consumer electronically in such a way that the Consumer can easily read and store it on a durable data carrier. If this is reasonably impossible, before the agreement is concluded at a distance, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise at the request of the Consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the Consumer may rely on the provision that is the most favorable for them.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the goods, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the Supplier uses images, they are a true and fair depiction of the offered goods, services and/or digital content, with the limitations stated in the present terms and conditions. Apparent mistakes or obvious errors in the offer do not bind the Supplier.
3. Each offer contains enough information for the Consumer to understand what rights and obligations are connected to the acceptance of the offer.
Article 5 - Recipes
1. As part of its Website, Supplier may offer recipes and information dealing in the preparation of food and beverages and may allow recipe submissions by various sources, including users of the Website.
2. Supplier in no way provides any warranty, implied or otherwise, towards the content of recipes submitted on their Website by any user, visitor, or other entity. As such, it is the visitor`s or Consumer`s responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions.
3. Recipes taken from the Website and prepared are done so "at your own risk".
4. Supplier is not responsible for any damage, medical or otherwise, resulting in the preparation of food using the instructions or recipes provided on the Website.
5. Visitors and Consumers must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the Website.
Article 6 - The contract
1. The contract shall be considered as concluded, subject to the provisions of paragraph 4, when the Supplier confirms shipment of the items ordered by the Consumer, in compliance with the conditions stated in the present terms and conditions.
2. Once the Consumer has placed and paid for an order of products, digital content, or services on the Website, Supplier shall send the Consumer a summary of the ordered items via email, and once the stocks are checked and the order can be fulfilled, the Supplier will then accept the order and notify the Consumer that the shipment has been sent and will provide, where appropriate, a shipping number.
3. The Supplier may, within legal frameworks, inform whether the Consumer is able to meet their payment obligations, as well as all the facts and factors that are relevant for the responsible conclusion of the Distance Contract. If the Supplier has good grounds for not entering into the agreement, he is entitled to refuse an order or request or to impose special conditions on its execution.
4. The Supplier shall forward the following information, in writing or in such a way that the Consumer may access or store it on a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the Consumer:
a. The address of the Supplier where the Consumer is entitled to send complaints;
b. The conditions under which and the manner in which the Consumer may make use of the right or withdrawal or a clear notification of the exclusion of the right or withdrawal;
c. Warranty information and existing post-purchase service, if applicable;
d. The price, including all taxes on the product, service or digital content and, where applicable, the cost of delivery;
e. The manner of payment, delivery or execution of the Distance Contract;
f. The requirements for the termination of the agreement, if the agreement lasts for more than one year or has an indefinite duration;
g. If the Consumer has a right of withdrawal, the right of withdrawal form or alternative, as the case may be.
5. In the case of a continuous performance contract, the provision in Article 5.(f) above applies only to the first delivery.
Article 7 - Right of withdrawal
1. The Consumer may terminate an agreement relating to the purchase of a product for a period of 14 days without giving any reason. The Supplier may ask the Consumer for the reason for revocation; however, such request is purely optional for the Consumer.
2. The 14-day period referred to in paragraph 1 shall commence on the day on which the Consumer, or a third party other than the carrier and so designated by the Consumer, receives the product and shall expire at midnight (24:00 CET) on the 14th day.
3. If the Consumer places an order for goods, which is split into multiple deliveries, the period referred to in paragraph 1 shall commence on the date on which the Consumer, or a third party other than the carrier and so designated by the consumer, receives the last delivery of that same, one order. The Supplier may, if they have informed the Consumer clearly in advance of the ordering process, refuse such an order of multiple, split deliveries.
4. If the delivery of a product consists of different consignments or parts, the 14-day period referred to in paragraph 1 shall commence on the date on which the Consumer, or a third party, other than the carrier and so designated by the Consumer, receives the last consignment or the last item;
5. In the case of regular delivery of goods for a specified period, the 14-day period referred to in paragraph 1 shall commence on the date on which the Consumer, or a third party, other than the carrier, and so designated by the Consumer, receives the first product.
Article 8 - Obligations of the Consumer during the right of withdrawal period
1. During the right of withdrawal period, the Consumer will carefully handle the product and the packaging and will only unwrap or use the product to the extent necessary to determine the nature, characteristics and/or way in which the product operates. The Consumer is expected to only inspect the product, as they would be able to do in a physical store.
2. The Consumer is fully and solely responsible for the depreciation in value of the product resulting from having handled the product in a manner different from the ones described and allowed for in paragraph 1 of this article.
3. The Consumer is not liable for the depreciation in value of the product if the Supplier has not provided them with all statutory mandatory information about the right or withdrawal before or upon the conclusion of the agreement.
Article 9 - The exercise of the right of withdrawal by the Consumer and applicable costs
1. If the Consumer makes use of their right of withdrawal, they will report this within the right of withdrawal period by either making use of the Right of Withdrawal Form or by otherwise unambiguously making their wish clearly known to the Supplier.
2. As soon as possible, but no later than 14 days since the day following the notification referred to in paragraph 1, the Consumer must return the product via mail and in accordance with the instructions provided by the Supplier, or hand it over to (an authorized representative) of the Supplier.
3. The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the instructions provided by the Supplier.
4. The risk and burden of proof for the correct and timely exercise of the right or withdrawal lies with the Consumer.
5. The Consumer shall pay for the costs of returning the products.
6. If the Website of the Supplier does not state it clear, in writing, and before the Consumer places and pays for the order, that the costs of returns are to be paid by the Consumer, then any and all such costs shall be borne by Supplier.
7. The Consumer is not responsible for paying the full or partial return costs of non-material digital content provided that:
a. The Consumer has not expressly agreed to the contract before the end of the appraisal period prior to delivery.
b. The Consumer has not acknowledged that they forfeit their right of withdrawal upon giving their consent; or
c. The Supplier has failed to confirm this Consumer’s statement.
8. If the Consumer makes use of their right of withdrawal, any and all ancillary agreements shall be automatically terminated.
Article 10 - The price
1. Supplier reserves the right to change the prices for the products sold on its Website without notice.
2. During the period of validity stated in the offer, the prices of goods, digital content and/or services offered will not be increased, with the exception of changes in prices due to changes in VAT rates.
3. By way of derogation from the previous paragraph, the Supplier may offer goods, digital content or services at variable prices, where the prices are themselves subject to fluctuations in the financial market or due to factors not under the control of the Supplier. Any such price variations shall be properly and clearly communicated in the Supplier`s offer.
4. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
5. Price increases from 3 months after the conclusion of the agreement are only allowed if the Supplier has stipulated in the initial offer to the Consumer the possibility of such a price increase and:
a. The price increase is the result of statutory regulations or legal provisions; or
b. The Consumer has the right to terminate the agreement as from the date of the price increase.
6. The prices mentioned in the offer of goods, digital content or services are inclusive of VAT.
Article 11 - Compliance
1. Supplier shall ensure that the goods, digital content and/or services comply with the contract, the specifications stated in the offer or on its Website, the reasonable requirements of validity and/or usability and with the mandatory legal provisions and requirements, in force at the date the contract was concluded.
2. Whereas Supplier takes utmost care of the quality of the content posted on its Website, the accuracy and reliability of the product description pages, along any and all health and/or medical claims associated to the goods sold via Supplier, whether on the Website or otherwise, belongs solely to the manufacturers of those goods.
Article 12 – Delivery and execution
1. Supplier shall take the utmost care with regard to the receipt and execution of orders for goods and in assessing applications for the provision of services.
2. The place of delivery is the address that the Consumer has notified to the Supplier.
3. Subject to the provisions of Article 4 of these Terms and Conditions, the Supplier shall ship accepted orders at an expeditious rate, but no later than 30 days, unless another delivery date has been agreed upon. If the delivery is delayed, or if an order cannot be executed, in full or in part, the Consumer will receive notification within 30 days of placing the order. In that case, the Consumer has the right to dissolve the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, the Supplier will refund the amount paid by the Consumer without delay.
5. The risk of damage and/or loss of goods rests with the vendor until the time of delivery to the Consumer or a pre-designated representative to the Supplier, unless explicitly agreed otherwise.
Article 13 - Disclaimer
13.1 The information on the Website may occasionally be inaccurate, incomplete or out of date. Supplier makes no representation as to the completeness, accuracy, fitness for a particular purpose or correctness of any information on this Website and/or that its use shall help visitors achieve their intended goals.
13.2 All products and services purchased through or on this Website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers. To the fullest extent permissible by applicable law, Supplier hereby disclaims all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through this Website. With the exceptions provided for by the applicable laws, Supplier hereby expressly disclaims all liability for product defect or failure, claims that are due to normal use, product misuse, abuse, product modification, product de-sealing, opened food products, improper product selection, non-compliance with any codes or misappropriation.
13.3 Certain or all products included on the Website may be unavailable, may have different attributes than those listed, may have different colors than those displayed by the Consumer`s computer or may actually carry a different price than that stated on the Website. Similarly, certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
13.4 Due to business practices, changes in the economic and political climate, as well as third party dependencies and unforeseen situations, Supplier reserves the right to make changes in information about price and availability without notice. The receipt of an email order confirmation does not constitute the acceptance by the Supplier of an order or the confirmation of an offer to sell a product or service. Supplier also reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any Consumer. Supplier may require verification of information prior to the acceptance and/or shipment of any order.
13.5 The information on this Website does not constitute medical advice and cannot substitute the opinion and tailored advice of a doctor or other appropriate medical professional.
13.6 Supplier assumes no responsibility whatsoever for the contents on any links to third-party websites and cannot be held liable for the accuracy of such links or their contents. The publication of links to third-party websites does not imply that Supplier agrees with the information that can be obtained through these sites. Such links are merely intended to help users of the Website obtain further information.
13.7 Supplier shall in no case be held liable for any damages, regardless of their nature, directly or indirectly caused by actions or decisions based on the information obtained on or through the website.
13.8 The Website and its content are protected by copyright and other intellectual property rights. Except for non-commercial, private use, it is forbidden to reproduce, to store in an automated database or to publish in any form and by any means the contents of this Website or part thereof, without the express, written authorization of Supplier.
Article 14 – Termination
1. The Consumer may at any time terminate a contract concluded for an indefinite period, and which includes the provision of scheduled goods, digital content and/or services at any time in by sending the Supplier a written notice of termination and by observing a notice period of 30 (thirty) days.
2. The Consumer may terminate a fixed-term agreement pertaining to the scheduled delivery of goods, digital content or services, at the end of the fixed-term of the contract by sending the Supplier a written notice of termination and by observing a notice period of 30 (thirty) days.
3. All other contracts between the Supplier and the consumers are legally and automatically terminated once the Consumer receives the delivery of the goods, digital content and/or goods purchased on the Website and the right of withdrawal of 14 (fourteen) days expires.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the Consumer shall be paid immediately when placing the order on the website.
2. In case the Supplier offers means of delayed payment, the terms and conditions published by the Supplier in connection to those means of payment shall apply.
3. In case the payment from the Consumer is withheld or does not go through, the Supplier is entitled to place the delivery of the goods, digital content and/or services on hold until the payment is fulfilled by the Consumer.
Article 16 – Complaints procedure
16.1 Guarantees. Should a product purchased from the Supplier become damaged partly or fully or be in other way faulty, the Consumer must email Supplier at firstname.lastname@example.org, within two months since discovering the fault and, in case the fault falls within the guarantee criteria, Supplier will promptly repair or replace the defective product at no cost to the Consumer.
16.2 Complaints. For any and all complaints about products purchased from our Website, Supplier would like to assist and help in finding a satisfactory solution for their Consumers. To ensure that, the following complaint handling procedure has been established:
a) Complaints about the performance of the agreement must be submitted in writing to the Supplier, via email at [insert email address]
b) All complaints submitted to the Supplier shall be answered within 14 days from the date of receipt and, if a complaint requires a foreseeable longer processing time, the Supplier will reply within 14 days with a notice of receipt and an indication when the Consumer can expect a more comprehensive response.
c) Consumer must give the Supplier at least 4 weeks to resolve the complaint by mutual agreement.
d) Consumer may also submit a complaint via the ODR platform of the European Commission, to be accessed at: http://ec.europa.eu/odr
Article 17 – Disputes and governing law
17.1 These terms and conditions are subject to Dutch law.
17.2 Any and all disputes in connection to these terms and conditions shall be resolved by negotiation between the Supplier and the Consumer and, should an amiable resolution not be reached, the matter will be referred to the appropriate Dutch court of justice.
Article 18 - Intellectual Property
18.1 Use of Website. The design of this Website and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Website are ©Biogoodies or its respective affiliates or suppliers. All rights reserved. It is strictly forbidden to remove any copyright, trademark or other proprietary notices from material found on the Website, modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
18.2 Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Supplier (Biogoodies) and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Supplier or such other owner.
Article 19 – Additional or derogatory provisions
The provisions of these Terms and Conditions as well as any eventual additional clauses, such as product descriptions, delivery and returns policy and complaint procedure, may not be interpreted to the detriment of the Consumer and must be recorded in writing and conveyed to the Consumer, in such a way that they can be stored by the Consumer in an easily accessible manner on a sustainable data carrier.
About our data processing
Below you can read how we process your data, where we save it, what security techniques we use and to whom the data is visible.
E-mail and mailing lists
For our regular business email, we use the email services of Gmail. This party has implemented fitting technical and organizational measures to prevent misuse, loss or corruption of your data. Gmail does not have access to our mailbox and we treat our email-traffic confidentially.
For concluding and processing (part of) our payments in our web shop we use the payment provider Mollie. Mollie processes your name, address and residence information. They also process payment information such as your bank account number or credit card number. Mollie has implemented fitting technical and organizational measures to protect your personal data. Mollie retains the right to use your personal (anonymized) information to further improve their services and, within this context, share it with third parties. All the aforementioned guarantees in regard to the protection of your personal data are also applicable to any services by Mollie that uses third parties. Mollie does not store your data any longer than the instalments permitted by the appropriate legal grounds.
Transport and logistics
If you place an order with us it is our responsibility to have your order successfully delivered to you. For the delivery we use the services of PostNL. For a successful delivery it is important that we share you name, address and residential details with PostNL. PostNL uses this information with the sole purpose to carry out the agreement of delivery. In case of PostNL hiring subcontractors, they will share said information with these parties.
Accounting and Bookkeeping
For our accounting, administration and bookkeeping we use our own internal services. We store your name, address, residential details and general details concerning your order/purchase. This data is used for the administration of sales invoices. Your personal data is securely sent and stored, we have implemented fitting technical and organizational measures to protect your personal data against loss or unauthorized use. We will not use your personal data for any other purposes other than those previously described above.
External sales channels
Part of our sales are done through the platform of Bol.com. When you place an order at Bol.com, Bol.com will share your order- and personal information with us. We use this information to further handle and conclude your order.
We go about your data in a confidential manner and have implemented fitting technical and organizational measures to protect your personal data against loss or unauthorized use.
Purpose of data processing
General purpose of data processing
We use your data with the sole purpose of providing you with our services. This means that the goal of processing this data stands in direct relation to the assignment or task that you offer us. We do not use this data for (addressed) marketing purposes. If you share information with us and we use this information to - not based on a request – contact you at a later time, we will first ask for explicit consent. Your data is not shared with third parties, with any other purpose than to fulfil accountancy and administrative obligations. These third parties are all obligated to a duty of confidentiality based on the agreement we have with them, an oath or legal obligation.
Automatically collected data
Information automatically gathered by our website is processed with the sole purpose of providing you with and/or to further improve our services. This information (for instance your IP address (anonymized), web browser and operating system) is not personal information.
Cooperation in tax and criminal investigation
In some cases, we may be obligated by government to a lawful duty of sharing your information with the purpose of assisting in a fiscal or criminal investigation. In such cases we are forced to comply and assist, but will, based on lawful possibilities, offer objection.
We store your data for as long as you are a client with us. This means that we maintain and keep your client profile until you make it known to us that you no longer desire to use our services. Such a message also functions as a request to be forgotten. We are required to keep invoices with your (personal) information due to relevant administrative obligations, this information is safely stored for as long as the relevant term for these obligations has not yet passed. Personnel no longer has access to your client profile and any documents made because of your assignment or task.
Based on valid Dutch and European law you, as a concerning party, have certain rights when it comes to personal data that is processed by or on behalf of us. Below you may find an explanation of these rights and how you, as a concerning party, can invoke these rights. In principle to prevent abuse we only send invoices and copies of your data to e-mail addresses that you have made known to us. Should you wish to receive this data on another e-mail address or for instance per mail we will ask you to identify yourself accordingly. We maintain an administration of concluded requests, in case of a request to be forgotten we will maintain an administration of anonymized data.
You receive all invoices and copies of data in files that are structured in a machine-readable format Based on data classifications that we use within our system. At all times you maintain the right to lodge a complaint with Autoriteit Persoonsgegevens if you suspect that we mistreat or misuse your personal data.
Right of inspection
At all times you maintain the right to view the data we process that has a relation or may be reducible to your person. You may request such a viewing to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a copy of all data with an added overview of processors managing this data while also mentioning the categories under which we store this data.
Right to rectification
At all times you maintain the right to have the data we process that has a relation or may be reducible to your person be adjusted. You may request such an adjustment to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved, we will send you, via the e-mail address known to us, a confirmation that the data has been adjusted.
Right to restriction of processing
At all times you maintain the right to limit the data we process that has a relation or may be reducible to your person. You may request such limiting to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved, we will send you, via the e-mail address known to us, a confirmation that the processing of your data is limited until you chose to cancel said limitation.
Right of transferability
At all times you maintain the right to request for the data we process that has a relation or may be reducible to your person be processed by a third party of choice. You may send in such a request to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved, we will send you, via the e-mail address known to us, your (personal) invoices or copies of data that we, or third parties on behalf of us, have processed. It is highly likely that in such a case we can no longer offer our services to you for we can no longer guarantee the previous data safety.
Right of objection and other rights
At all times you maintain the right to object to the processing done by us, or on behalf of us by third parties, of your personal data. In case of such an objection we will immediately cease all processing of your data while your objection is being investigated and handled. In case of a justified objection we will return all invoices and/or copies of personal data that we, or third parties on behalf of us, have processed up until that point and cease processing thereafter. You also maintain the right to not be subject of automated decision-making processes or profiling. We process your data in such a way that this right does not apply. Should you believe that this right does apply then we ask you to reach out to our contact in charge of privacy matters.
15 Blokfluitstraat 1312 NT Almere Nederland
T (063) 410-2933
Contact person for privacy matters:
(Download the Terms and Conditions as a PDF document.)