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 the right of withdrawal.
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
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 shall apply:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- 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;
- 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 withdrawal period;- Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Distance contract: An agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
AromaPro doTERRA Essential Oils;
Hollywood Avenue 35
1325HN Almere
Phone number: 0624777979
Email address: monir@aromapro.nl
Chamber of Commerce number: 71090088
BTW-identificatienummer: NL858575127B01
Article 3 – Applicability.
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
- 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 may 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 terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
- If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
- Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. Operator 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 the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the cost of shipping, if any;
- The manner in which the agreement will be established and what actions are necessary to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the contract will be archived after its conclusion, and if so in which it can be accessed by the consumer;
- the manner in which the consumer, before the conclusion of the agreement, can check and, if desired, rectify the data provided by him under the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader 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 an endurance transaction.
Article 5 – The Agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is established 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 for this purpose.
- The entrepreneur can inform himself – within legal frameworks – 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 include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- The visiting address of the trader's branch where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- the information on warranties and existing after-purchase service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- 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 of the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
On delivery of products:
- When purchasing products, consumers have the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess 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, after receiving the product. Notification should be made by the consumer using the model form or by any other means of communication such as e-mail. After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in a timely manner, for example through proof of shipment.
- If the customer has not made known after the expiration of 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 is a fact.
When providing services:
- With the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at most the cost of return shipment 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 revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
- The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.
Article 8 – Exclusion of the right of withdrawal.
- The entrepreneur may exclude the consumer's right of withdrawal for products 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 time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been made by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For single newspapers and magazines;
- for audio and video recordings and computer software for which the consumer has broken the seal;
- For hygienic products whose seal has been broken by the consumer.
- Exclusion of the right of withdrawal is only possible for services:
- concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;
- Regarding betting and lotteries.
Article 9 – The price
- 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.
- Notwithstanding 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 control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
- The legal warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
- Any defects or faulty products delivered must be reported in writing to the entrepreneur within 2 months of discovery.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
- the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
- the defectiveness is wholly or partly the result of regulations which the government has imposed or will impose on the nature or quality of the materials used.
Article 11 – Delivery and execution
- The entrepreneur will take the greatest possible 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 has been stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless 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 no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost. The consumer is not entitled to contractual damages.
- All delivery dates are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to contractual damages.
- In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of any return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and renewal
Termination
- The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may enter into the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a particular time or period;
- terminate at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
- A contract entered into for a definite period of time, which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding 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 should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer receives the confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months, after the consumer has identified 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 operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
- In case of complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to file complaints through 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 its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating from these general 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.
AromaPro Trainings
AromaPro provides classes, training and education in the field of Aromatherapy. General terms and conditions apply to all services.
1. Registration and payment
Registrations for training and education courses are via completion of the digital registration form. You will receive confirmation of registration and invoice by e-mail. Payment is made by online banking please mention the invoice number, course and start date. After registration, there is a 14-day reflection period. Upon receipt of payment, registration is final and you agree to the terms and conditions.
2. Cancel
If you cancel up to 14 days before the start of a class, course or training you will receive an 80% refund of your payment. No refunds will be made for cancellations after this. If a training cannot take place due to too few participants or other circumstances, your payment will be refunded. In case of cancellation of a (missed) training day due to illness or other circumstances, refund of course fees is not possible. An alternative date can be considered by mutual agreement.
3. Dropout teacher
In case of illness and/or failure of a teacher or coach, AromaPro will provide equivalent replacement if possible. If replacement proves to be impossible, AromaPro will notify the participant as soon as possible. AromaPro will in that case arrive at alternative dates as soon as possible. In case of illness and/or failure of a teacher/coach, the participant is not entitled to any compensation or damages. Additional costs for taking care of class days resulting from illness and/or failure of a teacher are at AromaPro's expense. Failure of a teacher is not grounds for cancellation or refund at no charge.
4. Personal data
When registering for a training course, your personal data will be used to execute the agreement and to inform participant about future activities of AromaPro. If you do not want this, you can make this known via email.
5. Teaching Materials
Course materials provided during training or education may not be used other than for personal study. Participants are not permitted to use the course materials for commercial use or copy them for the benefit of third parties. Copyright and ownership belong to AromaPro and/or the guest lecturer. All assignments created by participants during class days are not copyrighted. If you wish to use text from this website, you may do so only if you do not alter the text and mention the author and the website.
6. Liability
AromaPro is not liable for any errors in the course materials. Also, AromaPro can never be held liable for the application of the course material by the course participant. AromaPro is not liable for damages, direct or indirect, of any kind, resulting from participation in an activity organized by AromaPro. Participation in classes is entirely at your own risk. Physical and psychological complaints should be made known to the instructor at all times. Based on this, for your protection, the teacher may decide to deny access to classes.
7. Material damage
Any damage, caused by a participant to material of AromaPro or material of other participants during an activity is always at the expense and responsibility of the participant. Damage caused by participants that arises to property or equipment that was hired by AromaPro during an activity will be recovered from the participant. AromaPro is also not liable for theft and/or loss of personal property during the courses it organizes.
8. Image capture
AromaPro reserves the right to make video and/or audio recordings during trainings and use them for its own promotional activities. By agreeing to these terms and conditions, you indicate that you are aware of and take responsibility for them. The making of video and/or sound recordings during a training course by course participants is only possible with the permission of the instructor and other participants.
9. Complaints and Disputes
In connection with our registration with the CRKBO, we are also required to include a complaints procedure.AromaPro is committed to providing you with the best possible service. Still, you may not be satisfied. Of course, you can then submit your complaints or comments to us. We will handle them in confidence and try to reach a solution in consultation with you.
Click here to read AromaPro's complaint procedure.
10. Other
AromaPro reserves the right to make changes to the program and/or have one or more class days taught by another instructor. AromaPro sets the fees for all training activities. It has the right to change them at any time. Changes of this nature will be communicated via email and the website.