GENERAL TERMS AND CONDITIONS OF ONLINE SALE (B2C)

 

Article 1: Definitions

 

Happy Kundalini, established at Trasmolenlaan 12 3447 GZ Woerden, Chamber of Commerce number 76038610 -, is referred to as seller in these general terms and conditions.

The other party of the seller is referred to as the buyer in these general terms and conditions.

Parties are seller and buyer together.

The agreement means the purchase agreement between the parties.

 

Article 2: Applicability of general terms and conditions

 

These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.

Deviation from these conditions is only possible if the parties have explicitly agreed in writing.

 

Article 3: Payment

 

The full purchase price is always paid immediately in the webshop, excluding shipping costs, etc. With reservations, a deposit is expected in some cases. In that case, the buyer will receive proof of the reservation and the advance payment.

If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

If the buyer defaults, the seller will proceed to collect the debt. The costs related to that collection are for the account of the buyer. These collection costs are calculated on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.

In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of the seller on the buyer are immediately claimable.

If the buyer refuses his cooperation in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

 

Article 4: Offers, quotations and price

 

Offers are free of obligation, unless a period of acceptance is specified in the offer. If the offer is not accepted within that stated period, the offer will expire.

Delivery times in quotations are indicative and do not give the buyer the right to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.

Offers and quotations do not automatically apply to repeat orders. Parties must agree explicitly and in writing.

The price stated on offers, quotations and invoices consists of the purchase price including the VAT owed and any other government levies.

 

Article 5: Right of withdrawal

 

After receiving the order, the consumer is entitled to dissolve the agreement within 14 days. (right of withdrawal).

The period starts from the moment that the (entire) order is received by the consumer.

There is no right of withdrawal if the products are tailor-made according to its specifications or have a short shelf life.

The consumer can use a seller's withdrawal form. The seller is obliged to make this available to the buyer immediately after the buyer's request.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the item with all supplied accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 6: Amendment of the agreement

 

If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The seller will inform the buyer of this as soon as possible.

If the change or supplement to the agreement has financial and / or qualitative consequences, the seller will inform the buyer in writing in advance.

If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement to the agreement will result in this price being exceeded.

Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is the result of circumstances that can be attributed to him.

 

Article 7: Delivery and transfer of risk

As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

 

Article 8: Research, complaints

 

The buyer is obliged to inspect the goods delivered at the time of delivery or delivery, but in any case within the shortest possible time. In addition, the buyer should investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.

Complaints with regard to damage, shortages or loss of delivered goods must be submitted in writing by the buyer to the seller within 14 working days after the day of delivery of the goods.

If the complaint is found to be well-founded within the stipulated period, the seller has the right to either repair, to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.

Minor and / or standard deviations and differences in quality, number, size or finish cannot be invoked against the seller.

Complaints regarding a certain product have no influence on other products or parts belonging to the same agreement.

No complaints will be accepted after the buyer has processed the goods.

 

Article 9: Samples and models

 

If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided only as an indication, without the goods to be delivered having to meet that. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.

In the case of agreements concerning immovable property, indication of the surface area or other dimensions and indications is also presumed to be intended merely as an indication, without the object to be delivered having to meet that.

 

Article 10: Delivery

 

Delivery takes place "ex factory / store / warehouse". This means that all costs are for buyer.

The buyer is obliged to take delivery of the goods at the moment that the seller delivers them to him or has them delivered, or at the time when these goods are made available to him in accordance with the agreement.

If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item for the account and risk of the buyer.

If the goods are delivered, the seller is entitled to charge any delivery costs.

If the seller needs information from the buyer for the implementation of the agreement, the delivery time starts after the buyer has made this information available to the seller.

A delivery period specified by the seller is indicative. This is never a deadline. If the period is exceeded, the buyer must give the seller written notice of default.

The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or do not attribute independent value to partial delivery. Upon delivery in parts, the seller is entitled to invoice these parts separately.

 

Article 11: Force majeure

 

If the seller cannot fulfill his obligations under the agreement due to force majeure, not in time or properly, he is not liable for damage suffered by the buyer.

Force majeure means in any case any circumstance that the seller could not take into account at the time the agreement was entered into and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer such as, for example, illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy disruption, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller's company.

The parties also understand by force majeure that suppliers who are dependent on the seller for the performance of the agreement do not comply with the contractual obligations towards the seller, unless the seller can be blamed for this.

If a situation as referred to above occurs as a result of which the seller cannot meet his obligations towards the buyer, then those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.

If the force majeure continues for longer than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution can only be done by registered letter.

 

Article 12: Transfer of rights

 

Rights of one party to this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.

 

Article 13: Retention of title and right of retention

 

The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.

If the agreed amounts to be paid in advance are not or not paid on time, the seller has the right to suspend the work until the agreed part is still paid. There is then a default of creditors. A late delivery cannot in that case be invoked against the seller.

The seller is not authorized to pledge the goods falling under his retention of title nor to encumber them in any other way.

The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.

If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance with the agreement.

In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately claimable.

 

Article 14: Liability

 

Any liability for damage arising from or in connection with the implementation of an agreement is always limited to the amount that is paid out in the relevant case by the liability insurance policy / policies concluded. This amount is increased by the amount of the deductible according to the relevant policy.

The seller's liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Defects that have arisen as a result of normal wear and tear or that are due to the customer's substantial fault are not covered by the warranty.

 

 

Article 15: Duty to complain

 

The buyer is obliged to immediately report any complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.

If a complaint is well-founded, the seller is obliged to repair the goods and possibly replace them, or to refund the amount that the seller has paid.

 

Article 16: Guarantees

 

If guarantees are included in the agreement, the following applies. The seller guarantees that the goods sold comply with the agreement, that they will function without defects and that it is suitable for the use that the buyer intends to use. This guarantee applies for a period of two calendar years after receipt of the sold item by the buyer.

The guarantee is intended to create a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never rely on a breach of a guarantee.

 

Important:

 

The bags and affirmations only attract certain energy and experiences if you believe they can. The end result and experience of using the bag is a reflection of one persons core beliefs. Which means that Happy Kundalini cannot guarantee that it works for everyone.  Happy Kundalini cannot be held liable.

The final energy or experience may or may not appear in one persons life, depending on the core beliefs of the person. If you don’t believe the bags work, then they won’t.  If you do, they will. Happy Kundalini is in no way liable.

 

 

Article 17: Applicable law and competent court

 

Only Dutch law applies to every agreement between parties.

The Dutch court in the district where Happy Kundalini has its registered office / practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law requires otherwise.

The applicability of the Vienna Sales Convention is excluded.

If in legal proceedings one or more provisions of these general terms and conditions are considered unreasonably onerous, the remaining provisions will remain in full force.


GENERAL TERMS AND CONDITIONS Happy Kundalini 

 

Definitions

  1. Happy Kundalini: Happy Kundalini, established in Trasmolenlaan 12 3447 GZ Woerden., Chamber of Commerce no. - .
  2. Customer: the person with whom Happy Kundalini has entered into an agreement.
  3. Parties: Happy Kundalini and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Happy Kundalini.  
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

  1. All prices used by Happy Kundalini are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Happy Kundalini is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which Happy Kundalini could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

  

 

Consequences of late payment

 

  1. If the customer refuses to cooperate with the performance of the agreement by Happy Kundalini, he is still obliged to pay the agreed price to Happy Kundalini. 

 

Right of recovery of goods 

  1. A consumer may return their purchase within 30 days. 

  

Right of cancellation 

  1. A consumer may cancel their order within 14 days. 

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

 

Right of retention 

  1. Happy Kundalini can appeal to his right of retention of title and in that case retain the products sold by Happy Kundalini to the customer until the customer has paid all outstanding invoices with regard to Happy Kundalini, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Happy Kundalini.
  3. Happy Kundalini is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement 

 

The customer waives his right to settle any debt to Happy Kundalini with any claim on Happy Kundalini. 

 

 

Retention of title 

  1. Happy Kundalini remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Happy Kundalini under whatever agreement with Happy Kundalini including of claims regarding the shortcomings in the performance.
  2. Until then, Happy Kundalini can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If Happy Kundalini invokes its retention of title, the agreement will be dissolved and Happy Kundalini has the right to claim compensation, lost profits and interest.

  

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Happy Kundalini unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed price is not paid on time, Happy Kundalini has the right to suspend its obligations until the agreed price is fully paid. 
  5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Happy Kundalini.

 

Delivery period

  1. Any delivery period specified by Happy Kundalini is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Happy Kundalini. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Happy Kundalini cannot deliver or if the parties have agreed upon otherwise.

  

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

 

Transport costs 

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

 

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Happy Kundalini may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Happy Kundalini, failing which Happy Kundalini cannot be held liable for any damage. 

 

Insurance

 

Defects that have arisen as a result of normal wear and tear or that are due to the customer's substantial fault are not covered by the warranty.

 

Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

 

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

​​​​​

Indemnity

 

The customer indemnifies Happy Kundalini against all third-party claims that are related to the products and/or services supplied by Happy Kundalini. 

 

Complaints

  1. The customer must examine a product or service provided by Happy Kundalini as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Happy Kundalini of this as soon as possible, but in any case within 14 days after receiving the item. 
  3. Consumers must inform Happy Kundalini of this within 14 days after receiving the item. 
  4. The customer gives a detailed description as possible of the shortcomings, so that Happy Kundalini is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Happy Kundalini being forced to perform other work than has been agreed. 

  

Giving notice

  1. The customer must provide any notice of default to Happy Kundalini in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Happy Kundalini (in time). 

 

Joint and several Client liabilities

 

If Happy Kundalini enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Happy Kundalini under that agreement. 

 

 

Liability of Happy Kundalini

  1. Happy Kundalini is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.  
  2. If Happy Kundalini is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Happy Kundalini is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Happy Kundalini is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

 

Every right of the customer to compensation from Happy Kundalini shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

 

Dissolution

  1. The customer has the right to dissolve the agreement if Happy Kundalini imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Happy Kundalini is not permanent or temporarily impossible, dissolution can only take place after Happy Kundalini is in default. 
  3. Happy Kundalini has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Happy Kundalini good grounds to fear that the customer will not be able to fulfill his obligations properly. 

 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Happy Kundalini in the fulfillment of any obligation to the customer cannot be attributed to Happy Kundalini in any situation independent of the will of Happy Kundalini, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Happy Kundalini . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Happy Kundalini cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Happy Kundalini can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Happy Kundalini does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

 

Changes in the general terms and conditions

  1. Happy Kundalini is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

 

Transfer of rights

  1. The customer can not transfer its rights deferring from an agreement with Happy Kundalini to third parties without the prior written consent of Happy Kundalini . 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Happy Kundalini had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Happy Kundalini is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

 


Information about warranty & return Returns:

You have the right to cancel your order up to 14 days after receipt without giving a reason. After cancellation you have another 30  days to return your product. You will then be credited with the full order amount including shipping. Only the costs for return from your home to the web store are for your own account. If you make use of your right of withdrawal, the product with all supplied accessories and - if reasonably possible - in the original condition and packaging will be returned to the entrepreneur. To exercise this right you can contact us via info@happykundalini.com We will then refund the order amount due within 14 days after registering your return, provided that the product has already been received in good order.

 

Return exceptions
State here the exceptions to the right of withdrawal. Also indicate the article itself
clearly that this cannot be returned for the consumer ordered. Pay attention:
Exclusion of the right of withdrawal is only possible for products:

a. With sealed products. If the seal is broken, these products cannot be returned.
b. that have been established by the entrepreneur in accordance with the consumer's specifications;
c. that are clearly personal in nature;
d. that cannot be returned due to their nature;
e. that can spoil or age quickly;
f. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
g. for individual newspapers and magazines;
h. for audio and video recordings and computer software of which the consumer has broken the seal.

 

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

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 Company

Happy Kundalini
Trasmolenlaan 12
3447GZ
info@happykundalini.com
76038610

 

Model form for cancellation
(only complete and return this form if you want to cancel the contract)


Happy Kundalini
Gr. Juliana v Stolberglaan

31UNIT (D1999)

2263AB Leidschendam

Nederland 

 

info@happykundalini.com

- I / We (*) share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / delivery of the following service (*): 

 

- Ordered on (DD-MM-YYYY): - Order number:

 

 

- Received on (DD-MM-YYYY):

 

 

- Name / Names of consumer (s):

 

 

- Consumer address (s):

 


- IBAN bank account:

 

 

- Signature of consumer (s) (only when this form is submitted on paper)

 

 

 

 


- Date (DD-MM-YYYY):

 

 

 

(*) Delete where not applicable.

 

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