Last updated on 16-06-2021

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Index

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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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Prices
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Copyright and ownership

Article 14 – Privacy Policy

Article 15 – Communication email/contact form

Article 16 – Compensation
Article 17 – Disputes
Article 18 – Additional or different provisions

Article 19– Changing and/or terminating conditions

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Definitions

Article 1 - Definitions

In these terms and conditions:

• Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;

• Reflection period: the period within which the consumer can make use of his right of withdrawal;

• Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;

• Day : calendar day;

• Digital content: data produced and delivered in digital form;

• Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

• Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;

• Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

• Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

• Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for remote communication;

• Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;

• Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

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Who we are

Article 2 – Identity of the entrepreneur

Bianca Dekker
Available Monday to Friday between 8.30 am and 5 pm
info@brightartorgonite.nl
 

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When the conditions apply

Article 3 – Applicability

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

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, notwithstanding 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 the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

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The products that Bright-Art Orgonite supplies

Article 4 – The offer

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

2. A lot of time is spent on the photos on the website, in order to represent the orgonites as faithfully as possible. The colors may still differ due to different settings of the colors or intensity on your screen. A product in the image may therefore differ slightly from the delivered color and model. Bright-Art Orgonite does not accept any liability for this.

3. 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. The accompanying photos illustrate the article, unless stated otherwise.

4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

5. Bright-Art Orgonite is not liable for any damages or consequential damages arising from the use of the purchased product or the inability to use the product or its performance. The user is responsible for the administration and his own way of using the product. We take no responsibility for accidents caused by the (incorrect) use of our products. The functioning of the orgonites is never a substitute for a visit to the doctor if you have medical complaints.

6. Bright-Art Orgonite is not responsible for the consequences that you, as a website visitor/user, experience while visiting/using the website and/or buying the products offered. You are ultimately responsible for your own experience or for the experience of the person you represent.

7. 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 includes taxes;

• Any shipping costs;

• The manner in which the agreement will be concluded and which actions are required for this;

• Whether or not the right of withdrawal applies;

• The method of payment, delivery and execution of the agreement;

• The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

• The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

• Whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;

• The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;

• Any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

• The codes of conduct to which the entrepreneur is subject 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. .

 

Buying the orgonite products

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 agreement.

3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• The information about warranties and existing after-sales service;

• The price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

• The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

• If the consumer has a right of withdrawal, possibly the model withdrawal form.

• In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

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The reflection period

Article 6 – Right of withdrawal

Upon delivery of the orgonite products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

2. The right of withdrawal does not apply to items purchased with a discount (promotional items or during a sale) and orgonites made on request.

3. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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.

4. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

5. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

 

When you have just received your product

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and the packaging with care. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

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If you want to return the product

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

2. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

4. The consumer bears the direct costs of returning the product.

5. The return is at the risk of the consumer. The consumer is liable for any loss of value of the product during return.

 

What we do if you want to return the product and warranty

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. If the consumer has paid an amount, the entrepreneur will transfer this amount to your account within 14 days after withdrawal of your purchase, provided that the product is undamaged. If you made a mistake in the order, please contact us as soon as possible and we will change your order.

2. If the purchase is delivered severely damaged, please contact us immediately to exchange the purchase for another orgonite in its original packaging. In case of minor damage, the purchase price can be deducted in consultation with us.

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How we determine the prices

Article 10 – Prices

1. All prices quoted are always inclusive of VAT. Shipping costs are listed separately. The price statement refers exclusively to the articles as described verbatim.

2. All prices are subject to printing and typographical errors.No liability is acceptedfor the consequences of printing and typing errors.In the event of printing and typesetting errors, the entrepreneur is not obliged todeliver the product according to the incorrect price.

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What we do as soon as we receive an order

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur. Incorrectly communicated or non-existing delivery addresses are the responsibility of the consumer and may give rise to additional costs.

3. The consumer is responsible for any customs and import taxes. The trader is not responsible for any delays caused by customs.

4. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.

5. 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.

6. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

8. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available and discuss this with the consumer. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

 

The payment g

Article 12 – Payment

1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.

4. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.

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Ownership of the website and images

Article 13 - Copyright and property

The entire content of the website is subject to copyrights, property rights, user rights or other rights of Bright-Art Orgonite. Your use/visit of the website does not grant you any rights with regard to copyright, ownership, user rights or other rights that belong to Bright-Art Orgonite. The website and the products are intended for personal, non-commercial use.

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How we handle your privacy

Article 14 - Privacy Policy

Your personal information will not be shared with third parties and we are committed to protecting it. Only with your permission will we use your email address to send you notifications, announcements, messages or newsletters.

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Registration via the contact form

Article 15 - Communication via email/contact form

Bright-Art Orgonite can inform you about your purchase, a newsletter or other information via email notification or other reliable means. You can communicate the option to unsubscribe at any time via email.

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In case of violation of these terms

Article 16 - Compensation

You agree to indemnify and hold harmless Bright-Art Orgonite from all losses, costs, damages and expenses, including reasonable attorneys' fees, arising out of any breach of these terms or any activity related to your account (including negligent or tortious conduct) by you or any other person accessing the site with your internet account.

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Which laws apply

Article 17 – Disputes

1.  Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are

    only Dutch law applies. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply

 

The conditions are easily accessible  

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate 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 data carrier.

 

Entrepreneur may change the general terms and conditions

Article 19 - Change general terms and conditions

The above terms and conditions apply to you in relation to your access to the website and/or the completion of the registration or purchase process. These terms, or any part of them, may be changed by Bright-Art Orgonite at any time and for any reason.