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Terms of service

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the contract and additional guarantee
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination and renewal Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or differing provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Continuing performance contract: an agreement for the regular supply of goods, services and/or digital content over a given period;
  7. Durable medium: any tool, including email, that enables the consumer or the entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
  11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms. Annex I need not be made available if the consumer has no right of withdrawal in respect of their order;
  12. Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

NAÏF CARE B.V.
Johanna Westerdijkplein 1, 2521 EN Den Haag, Netherlands
Phone: 070-2210021 (availability: business days between 09.00-17.00; customer service is mainly handled by email)
Email: support@naifcare.com
Chamber of Commerce (KvK) number: 57166692
VAT identification number: NL852465415B01

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 a distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then 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 electronically or otherwise free of charge at the consumer's request.
  4. Where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur observes appropriate security measures.
  4. The entrepreneur may, within the limits of the law, inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  5. No later than upon delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

  1. The consumer may dissolve a contract for the purchase of a product during a cooling-off period of at least 14 days, without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but may not oblige the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or: a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part; c. for contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by them, received the first product. For services and digital content not supplied on a tangible medium:
  3. The consumer may dissolve a service contract and a contract for the delivery of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but may not oblige the consumer to state their reason(s).
  4. The cooling-off period referred to in paragraph 3 starts on the day after the conclusion of the contract. Extended cooling-off period where the consumer is not informed about the right of withdrawal:
  5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the entrepreneur did not provide them with all the legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

  1. If the consumer exercises their right of withdrawal, they notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any event if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur states that they will bear the costs themselves, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation performed by the entrepreneur at the time of withdrawal, compared with the full performance of the obligation.
  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or b. the consumer did not expressly request the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
  8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if: a. they did not expressly consent, prior to its delivery, to the performance of the contract beginning before the end of the cooling-off period; b. they did not acknowledge losing their right of withdrawal when giving their consent; or c. the entrepreneur failed to confirm this statement by the consumer.
  9. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes it possible for the consumer to give notice of withdrawal electronically, they send an acknowledgement of receipt without delay after receiving such notice.
  2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
  3. The entrepreneur uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer chose 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 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the contract:

  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. Contracts concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person, or has the opportunity to be present in person, 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. Service contracts, after full performance of the service, but only if: a. performance began with the consumer's express prior consent; and b. the consumer declared that they would lose their right of withdrawal once the entrepreneur had fully performed the contract;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
  5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
  6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
  7. Products manufactured to the consumer's specifications that are not prefabricated and that are made on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
  8. Products that deteriorate quickly or have a limited shelf life;
  9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products that, by their nature, are irrevocably mixed with other products after delivery;
  11. Alcoholic beverages whose price was agreed at the conclusion of the contract but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  12. Sealed audio and video recordings and computer software whose seal has been broken after delivery;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  14. The supply of digital content other than on a tangible medium, but only if: a. performance began with the consumer's express prior consent; and b. the consumer declared that, in doing so, they would lose their right of withdrawal.

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer is authorised to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the contract and additional guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil their part of the contract.
  3. Additional guarantee means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to fulfil their part of the contract.

Article 13 - Delivery and performance

  1. The entrepreneur will exercise the greatest possible care when receiving and performing orders for products and when assessing requests 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 about this in Article 4 of these general terms and conditions, the entrepreneur will perform accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be partly performed, the consumer is notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and renewal

Termination:

  1. The consumer may at any time terminate a contract entered into for an indefinite period that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer may at any time terminate a contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services, at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:
  • at any time, and not be limited to termination at a specific time or in a specific period;
  • at least in the same way as they entered into them;
  • always with the same notice period as the entrepreneur has stipulated for themselves. Renewal:
  1. A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  2. Contrary to the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer may terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
  3. A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration for the regular trial delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration:
  5. If a contract has a duration of more than one year, the consumer may terminate the contract 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 15 - Payment

  1. Unless otherwise stipulated in the contract or supplementary 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 contract. In the case of a contract to provide a service, this period starts on the day after the consumer received confirmation of the contract.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment is stipulated, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  4. If the consumer does not meet their payment obligation(s) in time, then, after the entrepreneur has drawn their attention to the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, the consumer owes the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in the consumer's favour.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur responds within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any event give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. [For cross-border consumers, this does not deprive the consumer of the protection of the mandatory provisions of the law of their country of residence; see internal notes.]

Article 18 - Additional or differing provisions

Additional provisions, or provisions differing 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 medium.

Annex I: Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To: NAÏF CARE B.V. Johanna Westerdijkplein 1, 2521 EN Den Haag, Netherlands Email: support@naifcare.com
  • I/We* hereby give notice that I/We* withdraw from our contract concerning the sale of the following products: [description of product]* the supply of the following digital content: [description of digital content]* the provision of the following service: [description of service], withdraw/withdraws
  • Ordered on*/received on* [date of order for services or receipt for products]
  • [Name of consumer(s)]
  • [Address of consumer(s)]
  • [Signature of consumer(s)] (only when this form is submitted on paper)
  • [Date]

Delete as appropriate or fill in as applicable.