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Terms and Conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions shall apply:

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur

day: calendar day

continuing transaction: a distance contract relating to a series of products and/or services, of which the obligation to deliver and/or purchase is spread over time

durable medium: any device which enables the consumer or trader to store information addressed personally to him in a way which makes future consultation and unaltered reproduction of the stored information possible

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance

Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for distance selling of goods and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication

technique for distance communication: means that can be used for concluding the agreement, without the consumer and the entrepreneur being together in the same room at the same time.

General terms and conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Trade name: Honeybalm B.V. 
Chamber of Commerce number: 92783333
BTW-identificatienummer: NL866171046B01
E-mail address: info@honeybalm.co.uk

Article 3 - Applicability

These general conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favourable to him.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the other provisions of the agreement and these General Terms and Conditions shall remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the scope and purpose of the original provision.

Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.

Any lack of clarity concerning the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this must be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services on offer. 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 offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours depicted correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service applies the special regulation for postal and courier services when importing. This regulation applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (whether or not together with customs clearance fees) from the recipient of the goods;

any shipping costs;

how the contract is concluded and the actions required to conclude it;

whether or not the right of withdrawal is applicable

the method of payment, delivery and performance of the contract

the period for accepting the offer or the period within which the trader guarantees the price

the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

the manner in which the consumer can check the information provided by him pursuant to the agreement and possibly correct it before the agreement is concluded;

any languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in case of a fixed-term contract.

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, while giving reasons.

The trader shall provide the consumer with 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 data carrier:

the address of the trader's office to which the consumer can address complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal
the information on guarantees and existing after-sales services;
the information set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract
the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

This right does not apply if the product has already been used by the consumer and resale is no longer possible.

During the reflection period, the consumer will handle the product and its 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 product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he shall notify the trader within 14 days of receiving the product. The consumer should do this in the form of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods were returned in time, for example through proof of dispatch.

If the consumer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase shall be deemed to have been concluded.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the goods have already been returned to the entrepreneur or that sufficient evidence can be provided that the goods have been returned in full.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products

that have been created by the trader in accordance with the consumer's specifications
that are clearly of a personal nature
that cannot be returned due to their nature; or
that spoil or age quickly
the price of which is subject to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines
for audio- and video recordings and computer software of which the consumer has broken the seal
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services

concerning accommodation, transport, hospitality or leisure to be performed on a certain date or during a certain period;
the delivery of which commenced with the consumer's express consent before the expiry of the withdrawal period;
which relate to betting and lotteries.
Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and

they are the result of legal regulations or stipulations; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
Article 5(1) of the Turnover Tax Act 1968 states that the place of delivery is the country where the transport begins. In this case, that delivery takes place outside the EU. Then, the postal or courier service collects the VAT on import or handling charges from the customer. So no VAT is charged by the trader.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing errors, the trader is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.

Defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Products should be returned in their original packaging and in new condition.

The guarantee period of the entrepreneur is equal to the factory guarantee period. However, the entrepreneur is under no circumstances responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is entirely or partially the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.

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 explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer may at any time terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

The consumer may terminate the agreements referred to in the previous paragraphs

terminate them at any time and not be limited to termination at a specific time or during a specific period

terminate at least in the same way as he entered into them

always terminate with the same notice period that the trader has set for himself.

Renewal

A contract entered into for a definite period of time for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months if the consumer may terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.

A fixed-term contract that was concluded for the regular delivery of goods or services may be tacitly extended for an indefinite period only if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in case the contract is concluded for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A fixed-term contract for the regular supply of daily or weekly newspapers and magazines on the basis of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

Where 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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Fraud

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be settled amicably, a dispute arises that is susceptible to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found by the entrepreneur to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered Products free of charge.

Article 15 - Grooves

On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.

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