Terms and Conditions

Identity of the entrepreneur

Trading under the name(s): BeYouthy / Anna e-commerce BV.
Business address: Keurenplein 41, 1069CD Box C3332, Amsterdam

E-mail address: hi@beyouthy.nl

BeYouthy is the trade name of Anna E-commerce BV. These conditions have been filed with the Chamber of Commerce under number 58793542

VAT number: NL853184069B01

Chamber of Commerce number: 58793542

Article 1 - Definitions

Seller: BeYouthy and its affiliated trade names, the user of the General Terms and Conditions;

Buyer: The other party of the seller, or in specific cases expressly the consumer or the entrepreneur (an entrepreneur has registered via the relationship form and agreed to the general terms and conditions);

Agreement: the agreement between seller and buyer. BeYouthy reserves the right to change these general terms and conditions at any time and for any reason.

Article 2 - General

2.1 The provisions of these general terms and conditions apply to every offer and agreement between seller and buyer, insofar as the parties have not expressly deviated from these terms and conditions in writing.

2.2 These general terms and conditions also apply to all agreements with the seller, for the execution of which the seller uses the services of third parties.

2.3 The applicability of the buyer's general terms and conditions is expressly excluded, unless the parties have agreed otherwise in writing.

2.4 If certified products are delivered, the provisions of the certificate prevail and these conditions also apply.

2.5 If the seller enters into agreements with the buyer more than once, the present general terms and conditions always apply to all subsequent agreements, regardless of whether or not they have been explicitly declared applicable. The buyer cannot derive any future rights from any agreed deviations from these conditions.

2.6 If one or more provisions in these general terms and conditions are void or annulled, the other provisions of these general terms and conditions will continue to apply.

Article 3 - Offers/promotions/quotes/prices

3.1 All offers, in whatever form, are without obligation, unless a term for acceptance is stated in the offer.

3.2 Agreements to which the seller is a party are only considered concluded: after both parties have signed an agreement drawn up for that purpose, or; after written or electronic confirmation by the seller of an order placed by the buyer; failing this, by the actual delivery ex warehouse of the products sold.

3.3 In the case of oral agreements, the invoice is deemed to accurately and completely reflect the oral agreement, unless a complaint is submitted within 8 days of the invoice date.

3.4 A composite quotation does not oblige the seller to deliver part of the products included in the offer or quotation at a corresponding part of the stated price.

3.5 The seller is entitled to require the buyer to provide security for the buyer's compliance, at the seller's discretion.

3.6 The prices in the agreements apply to delivery from warehouse, in euros, including packaging costs and government levies. For orders up to an amount of €50, additional shipping costs of €4.50 will be charged.

3.7 If price changes of more than 5% have occurred between the time of acceptance and delivery with regard to, for example, exchange rates, wages, levies, raw materials or packaging materials, the seller is entitled to pass on this price increase to the buyer, unless the price increase was foreseeable for the seller. .

Article 4 - Execution of the agreement

4.1 Seller will execute the agreement to the best of his knowledge and ability. We work according to a strict quality assurance system based on HACCP.

4.2 If and insofar as proper execution of the agreement requires this, the seller has the right to have work carried out by third parties.

4.3 Seller will execute the agreement to the best of his knowledge and ability. We work according to a strict quality assurance system based on HACCP.

4.4 If delivery is delayed due to factors for which the buyer is responsible, the damage and costs resulting from this for the seller must be reimbursed by the buyer.

4.5 The buyer indemnifies the seller against any claims from third parties who suffer damage in connection with the execution of the agreement and which damage is attributable to the buyer.

Article 5 - Delivery

5.1 All deliveries are made ex warehouse. Products are available from BeYouthy via webshop, email or otherwise.

5.2 The buyer is obliged to purchase the products at the time that the seller delivers them to him or has them delivered to him, or at the time when they are made available to him in accordance with the agreement.

5.3 If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the products at the buyer's expense and risk.

5.4 If the buyer does not take delivery of the purchased products within 48 hours, the seller is entitled to sell the products to someone else. If this fails, the seller is entitled to destroy the products. The damage suffered by the seller in the event of resale or destruction will be borne by the buyer.

5.5 If the seller has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline. If a term is exceeded, the buyer must give the seller written notice of default and grant the seller a reasonable period to ensure compliance.

5.6 If the seller requires information from the buyer in the context of the execution of the agreement, the delivery time starts after the buyer has made this available to the seller.

5.7 The seller is entitled to deliver the products in parts. The seller is entitled to invoice partial deliveries separately.

5.8 The seller is entitled to determine that certain products can only be delivered upon purchase of a minimum amount determined by the seller.

Article 6 - Right to distance selling

6.1 When purchasing products via the online store, the consumer has the option to terminate the agreement without giving reasons within 14 days. After reporting the return, the consumer has another 14 days to actually return it. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and known to the seller.

6.2.1 During the reflection period, the consumer will handle the product and packaging with care. Buyer will only remove the product from the shipping packaging to determine the characteristics and operation of the product as indicated on the label/boxes. The basic principle here is that the buyer may only handle and inspect the product as he would in a store. The seal under the cap must not be broken.

6.2.2 The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in Article 7.2.1.

When providing services to the consumer:

6.3 When providing services, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement, but never within 48 hours after the start of the service.

6.4 To exercise the right of withdrawal, you must inform BeYouthy of your decision to withdraw from the agreement by an unequivocal statement (e.g. in writing by telephone or e-mail). We can be reached by email: hi@beyouthy.nl and by telephone 0031 85 060 3384

Article 7 - Costs in case of withdrawal from distance selling

7.1 If the consumer exercises his right of withdrawal, the costs of return will be borne by him, unless otherwise agreed.

7.2 If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than within 14 days after the return or cancellation.

Article 8 - Research, commerce

8.1 The buyer is obliged to inspect the delivered goods at the time of delivery. The buyer must investigate whether the quality and quantity of the delivered goods correspond with what was agreed.

8.2 If the buyer has been shown a sample, the presumption only applies as an indication without the item having to correspond to it, unless it is expressly agreed that the item will correspond to it. A deviation in quality, color, odor, weight, density, quantity and size of 0-5% will be tolerated by the buyer.

8.3 Any visible defects must be reported to the seller in writing within 24 hours of delivery. The notice of default must contain as detailed a description as possible, so that the seller is able to respond adequately. Invisible shortages must be reported to the seller in writing within 8 working days of delivery.

8.4 Complaints regarding invoices must be made in writing within 8 days of the invoice date.

8.5 After the aforementioned periods have expired, the buyer is deemed to have approved the delivered goods and/or the invoice.

8.6 If a complaint is filed in a timely manner in accordance with the previous paragraph, the buyer remains obliged to purchase and pay for the purchased products. Defective products must be returned with the prior written permission of the seller in the original packaging and in the manner indicated by the seller.

8.7 The buyer must enable the seller to check the correctness of the complaint upon first request.

8.8 If a complaint is justified, the seller will replace the delivered goods, unless this has demonstrably become pointless for the buyer. The latter must be made known in writing by the buyer. In all cases, however, the seller is only liable within the limits of the "warranty" and "liability" in the articles.

8.9 An alleged shortcoming on the part of the seller does not affect the fulfillment of the payment obligations.

Article 9 - Payment

9.1 Invoices will be sent to the e-mail address provided by the buyer, unless otherwise stated, which does not affect his payment obligation to the seller.

9.2 Payment must be made via payment methods offered in the webshop at the time of ordering.

Article 10 - Collection costs

10.1 If the buyer is in default or fails to fulfill his obligations (on time), all reasonable costs incurred in obtaining satisfaction will be borne by the buyer. The collection costs are calculated in accordance with the collection costs, with a minimum of € 40.00.

10.2 If the seller has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement. Any reasonable legal and enforcement costs will also be borne by the buyer.

Article 11 - retention of title

11.1 All products delivered by the seller remain the property of the seller until the buyer has fulfilled all obligations under all agreements concluded with the seller. If packaging is involved, it remains the property of the seller at all times.

11.2 The buyer is not entitled to pledge, rent or otherwise encumber the items subject to the retention of title, unless the parties have agreed otherwise.

11.3 If third parties seize the products delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform the seller of this as soon as possible.

11.4 Products supplied by the seller, which are subject to retention of title pursuant to the first paragraph of this article, may only be resold by the buyer in the context of normal business operations, but not through the buyer's web shop, provided that the consumer's recommended retail price is offered on the website. or used as a means of payment. Due to the nature of the products, the buyer is not permitted to export them without our prior written permission. In the event that the seller wishes to exercise its ownership rights referred to in this article, the buyer now gives unconditional and irrevocable permission to the seller or third parties to be designated by him to enter all those places where the seller's property is located and to return the products. to take.

Article 12 - Online resale, discount

12.1 A health professional can only receive a discount if this health professional has registered via a relationship form and has been accepted.

12.2 Online resale via websites and online stores, etc. is not permitted.

12.3 Resale is only possible in the context of normal business operations as a health professional;

12.4 If it appears that this agreement has been violated, the discount will lapse retroactively and the health professional will continue to owe it;

12.5 If these points are not met, an immediately payable fine of € 10,000 is due for each violation of this agreement and for each day that the violation continues.

Article 13 - Warranty

13.1 The products supplied by the seller meet the requirements and specifications set by the manufacturer and customary in the industry.

13.2 This warranty is limited:

- to deliveries to buyers within the EU.

13.3 This warranty expires:

• in case of improper or improper use or storage and transport;
• after processing, mixing or processing by the buyer or a third party of the delivered goods;
• when exposed to harmful substances and temperatures that are too high or too low;
• by not using and processing the delivered goods in accordance with the instructions for use;
• when used for a purpose other than that for which the buyer has specified to the seller or for which it is suitable;
• once the seal is broken.

13.4 As long as the buyer does not fulfill his obligations arising from the agreements concluded by the parties, he cannot invoke this warranty provision.

Article 14 - Suspension and dissolution

14.1 The Seller is entitled to suspend the fulfillment of its obligations or to terminate the agreement if:

The buyer does not fulfill his obligations under the agreement, does not do so on time or does not fully fulfill them;

After concluding the agreement, the seller became aware of circumstances that provide good grounds

to fear that the buyer will not fulfill the obligations, will not fulfill them on time or will not fulfill them in full. If there is good reason to fear that the buyer will only partially or improperly fulfill his obligations, suspension is only permitted to the extent that the shortcoming justifies this;

there is liquidation, (application for) bankruptcy, admission of the buyer to statutory debt restructuring on the basis of the Debt Restructuring of Natural Persons Act, placement under guardianship, seizure or (provisional) suspension of payment of the buyer;

When concluding the agreement, the buyer is requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient. As soon as certainty exists, the authority to suspend expires, unless this unreasonably delays payment.

14.2 Furthermore, the seller is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected.

14.3 If the agreement is dissolved, the seller's claims against the buyer are immediately due and payable. If the seller suspends the fulfillment of the obligations, he retains his claims under the law and the agreement.

14.4 The seller always reserves the right to claim damages.

Article 15 - Liability and indemnification

15.1 If the seller is liable for direct damage, that liability is limited to a maximum of the amount of the payment to be provided by the seller's insurer, or at least to a maximum of the sales value of the products.

15.2 Direct damage only exists if:

• the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
• the reasonable costs incurred to ensure that the seller's defective performance complies with the agreement, unless these cannot be attributed to the seller;
• the reasonable costs incurred to prevent or limit damage, insofar as the buyer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

15.3 The Seller is never liable for indirect damage, including consequential damage, lost turnover and profit, missed savings and damage due to business stagnation.

15.4 If the seller is held liable by a third party for any damage for which it is liable under the agreement with the buyer or these conditions, the buyer will fully indemnify it in this regard.

15.5 The Seller is never liable for:

• deviations, damage, errors and defects that have gone unnoticed in products/samples approved by the buyer;
• damage resulting from rejected raw materials because (environmental) legislation has changed after delivery;
• for damage resulting from use by the buyer not in accordance with the instructions for use, environmental legislation or product information;
• damage occurred after the buyer has processed the product and/or substances have been added to it without the seller's knowledge.

15.6 The seller is never liable for damage as a result of advice given. Advice is given on the basis of the facts and circumstances known to the seller and in mutual consultation, whereby the seller always takes the buyer's intentions as a guideline and starting point.

15.7 The buyer must investigate in advance whether the purchased item is suitable for the purpose for which he will use the purchased item. If it subsequently turns out that the purchased item is not suitable for the purpose, the buyer cannot hold the seller liable for any resulting damage.

15.8 The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence on the part of the seller or his subordinates.

Article 16 - Transfer of risk/transport

16.1 The risk of loss or damage to the products that are the subject of the agreement is transferred to the buyer at the time when they are legally and/or actually delivered to the buyer and are therefore in the power of the buyer or of a person to be designated by the buyer. be brought third.

16.2 If the seller takes care of the products that are the subject of the agreement, this is entirely at the expense and risk of the buyer.

16.3 If and insofar as the seller is responsible for storage, shipping, packaging and the like, the manner in which this is done will be determined by the seller. Unless otherwise agreed, the buyer assumes all risk and costs, including fault/negligence of the carrier.

16.4 Any specific wishes of the buyer regarding transport/shipping/storage will only be carried out if the buyer has stated that he will bear the additional costs.

16.5 Any legal claim of the buyer against the seller expires after 2 years for the buyer and 5 years for companies, starting from the date of delivery.

Article 17 - Force majeure

17.1 Parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to gross negligence or intent on the part of the party invoking it, and neither under the law, a legal act or according to his judgment is their responsibility.

17.2 In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the seller has no influence, such as traffic jams, electricity/computer disruptions, export restrictions, accidents , theft, fire, pandemic, illness of staff and stagnation in delivery by suppliers, but as a result of which the seller is unable to fulfill its obligations, whether or not on time. This includes strikes in the seller's company and government measures.

17.3 The seller also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after the seller should have fulfilled his obligation.

17.4 Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than one month, either party is entitled to terminate the agreement, without obligation to compensate the other party for damages.

17.5 Insofar as the seller has already partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the part fulfilled or to be fulfilled, the seller is entitled to invoice the part already fulfilled separately . The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 18 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 20 - Intellectual property and copyright

20.1 Without prejudice to the provisions of these general terms and conditions, the seller reserves the rights and powers vested in the seller under intellectual property rights and the Copyright Act.

20.2 All goods supplied by the seller, samples provided, calculations, brochures, course materials, handouts, etc. are exclusively intended for use by the buyer and may not be reproduced, resold, edited, changed, copied, reproduced, made public or brought to the attention of third parties, unless the nature of the goods sold or documents provided dictates otherwise.

edited, modified, copied, reproduced, made public, or brought to the attention of third parties, unless the nature of the goods sold and/or provided dictates otherwise.

20.3 The buyer is not entitled to remove the name or brand of the manufacturer from the delivered packaging or leaflet.

Article 21 - Disputes

The competent court in the seller's place of business has exclusive jurisdiction to hear disputes. Nevertheless, the seller has the right to submit the dispute to the competent court according to the law.

Article 22 - Applicable law

Dutch law applies to every agreement between seller and buyer. The Vienna Sales Convention is expressly excluded.

Article 23 - Deposit conditions

BeYouthy is the trade name of Anna E-commerce BV. These conditions have been filed with the Chamber of Commerce under number 58793542

Article 24 - VAT number

BeYouthy has the VAT number: NL853184069B01