General Terms & Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Entrepreneur: the organization that offers products and/or services to consumers at a distance;
Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the 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 meeting simultaneously in the same room;
Reflection time: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period; Model withdrawal form: the European Model withdrawal form included in Appendix 1 of these terms and conditions;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Article 2 - Identity of the entrepreneur
Ted Organics B.V
1017 EK, Amsterdam
Telephone number: +31 611243373
Accessibility: From Monday to Friday from 09:00 am to 17:00 pm
Chamber of Commerce number: 82616922
VAT identification number: NL862540513B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. 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 are 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. In the event that specific product or service conditions apply in addition to 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 will be expressly stated in 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, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any costs of delivery; the 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 or performance of the agreement; the term for acceptance of the offer, or the term for keeping the price unconditional; the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; if the agreement is archived after its conclusion, how it can be consulted by the consumer; the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded; the possible 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 event of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions. 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, the consumer can dissolve the agreement. 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. 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 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. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. the visiting address of the establishment of the entrepreneur where the consumer can submit complaints; b. 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; c. the information about existing after-sales service and guarantees; d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about existing after-sales service and guarantees; d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 6 - Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This period starts on the day of the receipt of the product by or on behalf of the consumer. During this 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. The basic principle here is that the consumer may only use and inspect the product as he would be allowed to do in a store. 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,
Article 7 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he will report this within the reflection period by sending the model form for withdrawal or in another unambiguous manner to the entrepreneur. The consumer returns the product, with all accessories supplied, within 14 days after termination. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal rests with the consumer.
If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
The consumer is only liable for depreciation of the product due to use of the product that goes beyond what is necessary to assess the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only use and inspect the product as he would be allowed to do in a store.
Article 8 – Obligations of the entrepreneur in the event of withdrawal
If the consumer reports within 14 days of receipt of the products that he wishes to make use of the right of withdrawal, the entrepreneur will reimburse all payments made by the consumer within 14 days of the notification. The entrepreneur uses the same payment method for reimbursement as the consumer has used, unless the consumer agrees to another payment method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 9 - Exclusion right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. which are clearly personal in nature; c. which by their nature cannot be returned; d. which can spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; c. concerning betting and lotteries.
Article 10 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.
Article 11 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or or the distance contract.
Article 12 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the enterpreneur. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer 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 one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
Article 13 - Duration transactions
The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month. An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 14 - Payment
The product must be paid in advance by means of credit card, iDEAL, Maestro, PayPal, MisterCash, Giropay or bank transfer. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 15 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time, 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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 16 – Disputes
Only Dutch law applies to purchase agreements concluded between the consumer and the entrepreneur to which these general terms and conditions apply. If the complaint cannot be resolved in mutual consultation, the Dutch court on Dutch soil has jurisdiction to hear the dispute.
Article 17 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.
Article 18 - Amendment of the general terms and conditions
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail. Ted organics B.V. cannot accept any liability for the consequences of typesetting, typing and/or programming or program errors.
Article 19 - USA/Canada/Australia
Unfortunately it is currently not possible for us to deliver to United States of America and Canada and Australia. We apologize for the inconvenience.
Article 20 - Packing and shipping
All Beach Direction packages are carefully packed and shipped from various warehouses located in European Union's member states.
If you have any questions, you can always contact email@example.com or use a contact form on our website.
Appendix 1 to the General Terms & Conditions: Model withdrawal form
form (only complete and return this form if you wish to withdraw from the contract):
Ted Organics B.V.
Keizersgracht 520H, 1017 EK Amsterdam
Tel: +31 611243373
- I hereby inform you that I revoke our agreement concerning the sale of the following products: [designation product/order number]*.
- Ordered on*/received on* [date of receipt with products]
- [Name consumers]
- [Address consumer]
- [Consumer Signature] (only when this form is submitted on paper)
* Strike out what is not applicable or fill in what is applicable.
You can also revoke the agreement via our contact form