Terms and Conditions

Terms and Conditions

General Terms and Conditions Hygienekoning.nl

The general terms and conditions of Bonbini Enterprises Holding BV under Hygienekoning.nl were established on 27 May 2020 and are based on the general terms and conditions Thuiswinkel.org in consultation with the Consumers' Association with an additional addition of the terms and conditions of Hygienekoning.nl

Index: 

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 – Extended withdrawal period

Article 8 – Obligations of the consumer during the reflection period
Article 9 – Exercise of the right of withdrawal
Article 10 – Obligations of the consumer in the event of withdrawal

Article 11 – Obligations of the entrepreneur in the event of withdrawal
Article 12 – Exclusion right of withdrawal
Article 13 – The price
Article 14 – Compliance and extra guarantee
Article 15 – Delivery and execution
Article 16 – Duration transactions: duration, cancellation and extension
Article 17 – Payment
Article 18 – Complaints procedure
Article 19 – Disputes
Article 20 – Industry guarantee
Article 21 – Additional or different provisions
Article 22 – Force majeure

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Time for reflection: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable data carrier: any tool – including e-mail – that enables the consumer or the entrepreneur to store information that is personally addressed to him in a manner 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;
  8. Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and / or services to consumers from a distance;
  10. Distance Agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement ;
  11. Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
  12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Bonbini enterprises holding bv
Trading under the name: Hygienekoning.nl

Business address: Siriusdreef 17-27
Postal code: 2132 WT

Place: Hoofddorp

Visiting and Postal Address: Siriusdreef 17-27
Postal code: 2132 WT 

Place: Hoofddorp

Accessibility:
From Monday to Friday from 8 a.m. to 4 p.m.

Phone number: +31 23 230 20 83

E-mail address: [email protected]

Chamber of Commerce number: 78151597
VAT number: NL861281676B01

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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, 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, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains as much as possible 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. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. 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 implementation.
  5. Before the consumer is bound by the distance contract, the entrepreneur will provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
    1. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    1. information about guarantees and existing service after purchase;
    1. the price including all taxes of the product, insofar as applicable the costs of delivery, and the method of payment, delivery or performance of the distance contract;
    1. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    1. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons, subject to the provisions of Article 12. The entrepreneur may ask the consumer for the reason for withdrawal, but not to state the his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him, who is not the carrier, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
    1. if the delivery of a product consists of several consignments or parts: the day on which the consumer or a third party designated by him, who is not the carrier, has received the last consignment or the last part;
    1. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him, who is not the carrier, has received the first product.

Article 7 – Extended withdrawal period

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 8 – Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. 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 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.
  3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.


Article 9 – Exercise of the right of withdrawal

  1. A return request is only valid if the consumer informs the entrepreneur of his decision to withdraw from the agreement before the withdrawal period has expired. The consumer makes his choice known by following the instructions as described on the 'Shipping & Returns' page of the entrepreneur  to follow.
    1. The consumer has his right of withdrawal within the withdrawal period referred to in Article 6 and Article 7 if the consumer sends the communication concerning the exercise of his right before this period has expired. 
    1. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
    1. The exercise of the right of withdrawal by the consumer terminates the obligations for the parties to perform the concluded agreement. These agreements are legally dissolved. 

Article 10 – Obligations of the consumer in the event of withdrawal

  1. As soon as possible, but in any case within 14 days from the day following the notification referred to in Article 9 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. The return costs are for the account of the consumer. These amount to € 5.65 and will be paid via the 'return panel'. Only unopened and undamaged products can be returned. It is the consumer's responsibility to pack the return order in a proper shipping box with sufficient packaging material. The return shipment is entirely at the expense and risk of the consumer. The entrepreneur determines the acceptance of the return when the return has been received in good order. The entrepreneur is not responsible for any damage made during the return process. The initial shipping costs calculated when ordering this item will not be reimbursed. Only the price paid (including any discounts) will be refunded to the consumer. The refund will be made to the same bank account or payment method that the consumer also used when ordering this order. This will be done through the Mollie Payments Foundation.

Article 11 – Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. The entrepreneur will reimburse all payments from the consumer, excluding any delivery costs (shipping costs) charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product and can confirm that the product has not been damaged or opened.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 12 – Exclusion right of withdrawal

The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
  3. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person. This includes mouth caps with your own logo;
  4. Products that spoil quickly or have a limited shelf life;
  5. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery, such as mouth masks;
  6. Products that by their nature are irrevocably mixed with other products after delivery;
  7. Products in the category of supplements, such as iodine tablets;

Article 13 – The price

  1. The entrepreneur is not allowed to change the price of a placed and change paid order. As soon as the consumer places an order and pays, the agreement is agreed for the price that was stated at that time.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    1. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 14 – Compliance with the agreement and extra guarantee

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing 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.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement. .

Article 15 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and implementing 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.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 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 placing the order.
  4. The risk of damage to or loss of the products transfers to the consumer as soon as he or a third party designated by him, not being the carrier, has acquired physical possession of the products. However, the risk passes to the consumer upon delivery to the carrier, if the latter has been instructed by the consumer to transport the products and this choice was not offered by the entrepreneur, without prejudice to the consumer's rights vis-à-vis the carrier. 

Article 16 – Duration transactions: duration, cancellation and extension

  1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can the agreements mentioned in the previous paragraphs:
    1. cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    1. at least cancel in the same way as they entered into by him;
    1. always cancel with the same notice period as the entrepreneur has stipulated for himself.
  4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products may not be tacitly extended or renewed for a definite period.
  5. An agreement that has been entered into for a definite period and which extends to the regular delivery of products, may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month. 
  6. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 17 – Payment

  1. Insofar as not provided otherwise in the agreement or additional 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. . 
  2. All sales of the entrepreneur are on prepayment. The consumer can use the payment methods of the Mollie Payments Foundation that are visible during the checkout of the order. An order with the entrepreneur will only be sent once the consumer's payment has been made is
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer does not fulfill his payment obligation (s) on 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 fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 18 – Complaints procedure

  1. The entrepreneur has a complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the consumer within a reasonable time after the consumer has discovered the defects. entrepreneur
  3. 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
  5. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 19 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
  2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee. , PO Box 90600, 2509 LP in The Hague (www.sgc.nl ).
  3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
  5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
  6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer will have to state in writing within five weeks of a written request made by the entrepreneur whether he wishes to do so or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court. 
  7. The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
  8. The Disputes Committee will not deal with a dispute or will cease handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision. has been pointed out.
  9. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of remote sales or . For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.

Article 20 – Industry guarantee

  1. Thuiswinkel.org guarantees that its members will comply with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment proving this has become final. Up to an amount of € 10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice.
  2. Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10,000 to Thuiswinkel.org, after which this organization will make the payment in its own name and costs. will legally request this to satisfy the consumer.

Article 21 – Additional or different provisions 

Additional provisions or provisions deviating 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.

  1. If the consumer sends its logo and/or images to the entrepreneur to have it printed on one of its products, the latter is never, under any circumstances, responsible for the copyrights of this image and/or logo. This responsibility lies with the consumer who places the order.
  2. The entrepreneur is never responsible for the text or image printed on the product that the consumer has ordered. If the printed text or image is not what the consumer has sent, the consumer is obliged to return all received printed items so that the entrepreneur can destroy them.
  3. The entrepreneur is not responsible for the printing quality of the product printed by a third party, or the quality of the images sent in by the consumer.
  4. The use of a purchased product from the entrepreneur is entirely at the risk of the consumer. When receiving an order, the entrepreneur assumes that the consumer has sufficient knowledge of the product, of the functioning of the product and of the use of the product.
  5. Any damage suffered from the use of the product purchased on the entrepreneur's website can never be recovered from the entrepreneur. The use of the purchased products is at your own risk.
  6. The entrepreneur never makes 'health claims' on his website or in advertisements. If third parties do this with a reference to the entrepreneur, the entrepreneur is not responsible for this.

Article 22 – Force majeure

  1. In case of force majeure, the obligations of the entrepreneur are suspended.
  2. Force majeure is understood to mean unforeseeable circumstances with regard to persons and/or material which we serve or tend to serve in the execution of the agreement, which are of such a nature that the execution of the agreement is therefore impossible or so inconvenient and/or disproportionately expensive. it becomes that fulfillment of the agreement can no longer or cannot be demanded immediately from the entrepreneur. Such circumstances qualify, among others: war and comparable situations, government measures, strikes, lockouts, hindrances by third parties, the consequences of pandemics such as the Covid-19 Pandemic, epidemics, technical complications unforeseeable by both parties, the circumstance that the entrepreneur does not receive a presentation, which is important in connection with a presentation to be delivered by us, on time or not properly.
  3. In case of force majeure, the entrepreneur is not obliged to pay compensation.

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