Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and it contains important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Definitions
1 MassageWebshop: established in Ilpendam and registered with the Chamber of Commerce under the registration number 34315514 and trading under the name MassageWebshop.
2 Website: the website of MassageWebshop, which can be consulted via www.massagewebshop.nl and all associated subdomains.
3 Customer: the natural or legal person, whether or not acting as a professional or a business, who enters into an Agreement with MassageWebshop and/or has registered on the Website.
4 Agreement: any appointment or agreement between MassageWebshop and the Customer, of which agreement the General Terms and Conditions form an integrated part.
5 General Terms and Conditions: the present General Terms and Conditions.
Applicability of the General Terms and Conditions
1 The General Terms and Conditions apply to all offers, agreements and deliveries of MassageWebshop, unless expressly agreed otherwise in writing.
2 If the Customer includes provisions or conditions in its order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for MassageWebshop if and insofar as they have been expressly accepted in writing by MassageWebshop.
3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those terms and conditions will also apply, but in the event of conflicting terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Shipping and Delivery
Massagewebshop strives to ship an order to the specified address within 3 working days after receipt of payment, however it is possible that an item is not, or not sufficiently, in stock, which can extend the shipping time by a few days. The delivery period is 30 days at most. If exceeding the 30-day delivery, the term entitles you to cancel the order. However, exceeding any delivery period does not entitle you to compensation.
NB! As from July 1st, 2022, you will NO LONGER receive a notification from PostNL if you are not at home at the time of delivery, however, they will send an email from PostNL containing the Track & Trace code so that you can follow your package. In the case you are not at home at the time of delivery your package will be taken to a collection point. Therefore you have 1 week to collect it yourself. So, keep an eye on your email inbox as receiving/collecting your package is your responsibility.
You are obliged to examine the products upon delivery whether it complies with the agreement. If an order does not meet the reasonable expectations for the product(s) in comparison with the information provided by MassageWebshop, you must make this known in writing (by e-mail or post) within 14 working days after receiving the order. All correspondence must state the order number and delivery address. MassageWebshop will intend to resolve the situation as soon as possible, but at the latest within 10 working days. If it has been shown that the products do not comply with the agreement, MassageWebshop has the option to either replace the products with new products or refund the value of the invoice.
Prices and information
1 All prices stated on the Website and in other derivations originating from MassageWebshop include VAT and other levies imposed by the government, unless stated otherwise on the Website,.
2 When shipping costs are charged, it will be clearly stated and it will appear early in the purchasing process, before concluding the Agreement. In addition, these costs will be shown separately in the invoicing.
3 The content of the Website has been compiled with the utmost care. However, MassageWebshop cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from MassageWebshop are therefore exempt to programming and typing errors.
4 MassageWebshop cannot be held responsible for (color) deviations as a result of screen quality.
5 If necessary, the seller reserves the right to change the prices of goods ordered by the buyer due to external factors. Examples include: price increase by supplier, higher transport costs, exchange rate fluctuations and government measures. If this price increase is more than 5% both parties have the right to cancel the sale.
6 MassageWebshop can make price changes at any time
Realization Agreement
1 The Agreement is concluded at the moment of acceptance by the Customer of the offer of MassageWebshop and compliance with the conditions set by MassageWebshop.
2 If the Customer has accepted the offer electronically, MassageWebshop will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option of dissolving the Agreement.
3 If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, MassageWebshop has the right to fulfill its obligation only after the correct information has been received.
4 MassageWebshop can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, MassageWebshop has good reasons not to enter into the Agreement, it is entitled to refuse an order, request more information, or attach special conditions to the implementation of the Agreement, such as prepayment.
Execution Agreement
1 As soon as the order has been received by MassageWebshop, MassageWebshop will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
2 MassageWebshop is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3 The Website clearly describes, before concluding the Agreement, how delivery will take place and within what timeframe the products will be delivered. If the delivery period has not been agreed or stated, products will in any case be delivered within 30 days.
4 If MassageWebshop cannot deliver the products within the agreed period, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
5 MassageWebshop advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing or by e-mail. For more information, see the Article on warranty and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
7 MassageWebshop is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the agreement and to return the product free of charge.
Right of Withdrawal/Return
1 This article only applies if the Customer is a natural person who is not acting as a professional or business. Business Customers therefore have no right of withdrawal. The Customer has the right to dissolve the Agreement with MassageWebshop within 14 working days after receipt of the product, without giving reasons, free of charge. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
· in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
2 Only the direct costs for the return shipment are for the account of the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, MassageWebshop can provide an estimate of these costs.
3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will only open the packaging and use the product only as this is necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store.
4 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
5 The Customer can dissolve the Agreement in accordance with paragraph 1 in the term set in this Article by sending the model withdrawal form (digitally) to MassageWebshop, or otherwise unequivocally informing MassageWebshop that he is waiving the purchase. In case of a digital report, MassageWebshop confirms receipt of that report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately (within the reflection period) set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
Massage Webshop
Schaafstraat 20G
1021KE Amsterdam
stating the order number and a return form.
6 Amounts paid in advance by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid the order. If the Customer has opted for a more expensive method of delivery than the standard delivery, MassageWebshop does not have to reimburse the additional costs for the more expensive method.
Unless MassageWebshop offers to collect the product itself, MassageWebshop may wait with paying back until MassageWebshop has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
7 Information on whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in time for the conclusion of the Agreement.
8 The right of withdrawal does not apply to:
- Audio and video recordings and computer software of which the Customer has broken the seal;
- Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Payment
1 Customer must make payments to MassageWebshop in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. MassageWebshop is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
2 If the Customer does not meet his payment obligation(s) in time, after he has been informed by the MassageWebshop of the late payment, MassageWebshop has granted the Customer a period of 14 days to still meet his payment obligations. If payment is not made within this 14-day period, the statutory interest is due on the open standing amount and MassageWebshop is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. MassageWebshop may deviate from the stated amounts and percentages to the benefit of the Customer.
Ideal and credit card
1 MassageWebshop offers various payment options, including Ideal and Credit Card payments, the customer is free to choose from these.
2 No transaction costs are charged for use with Ideal.
3 1.8% transaction costs are charged for use with credit cards.
Warranty and Conformity
1 This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If MassageWebshop gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to the aforesaid.
2 MassageWebshop 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 specifically agreed, MassageWebshop also guarantees that the product is suitable for other than normal use.
3 A warranty provided by MassageWebshop, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
4 If the delivered product does not comply with the Agreement, the Customer must notify MassageWebshop within a reasonable period of time after discovering the defect.
5 If MassageWebshop considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, with due observance of the Article regarding liability, is equal to the price paid by the Customer for the product.
6 MassageWebshop provides a warranty period of one year on articles unless stated otherwise.
Complaint procedure
1 If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of MassageWebshop, he can submit a complaint to MassageWebshop by telephone, e-mail or post. See contact details at the bottom of the Terms and Conditions.
2 MassageWebshop will give the Customer a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, MassageWebshop will confirm within 5 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or final response to the Customer's complaint.
Liability
1 This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
2 The total liability of MassageWebshop towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).
3 Liability of MassageWebshop towards the Customer for indirect damage, including - but expressly not limited to - consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.
4 Apart from the cases referred to in the previous two paragraphs of this Article, MassageWebshop has no liability towards the Customer for compensation, regardless of the grounds on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of MassageWebshop.
5 The liability of MassageWebshop towards the Customer due to an attributable shortcoming in the fulfillment of an agreement only arises if the Customer immediately and properly declares MassageWebshop in default in writing, stating a reasonable term to remedy the shortcoming, and MassageWebshop also after that period in the fulfillment of its obligations. obligations continue to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that MassageWebshop is able to respond adequately.
6 A condition for the existence of any right to compensation is always that the Customer reports the damage to MassageWebshop in writing as soon as possible, but no later than 30 days after it has arisen.
7 In the event of force majeure, MassageWebshop is not obliged to pay compensation for any damage caused to the Customer as a result.
Retention of title
1 As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of MassageWebshop.
Personal data
1 MassageWebshop processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Final Provisions
1 The Agreement is governed by Dutch law.
2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where MassageWebshop is located.
3 If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
4 In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
MassageWebshop
Schaafstraat 20G
1021KE
Amsterdam
020-3638372
KvK 34315514
BTW NL 002068451B60
