General Terms and Conditions Bath & Living B.V.

(in accordance with the Webshop Trustmark Foundation)

These General Terms and Conditions of the Webshop Quality Mark Foundation were drawn up in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and enter into force as of June 1, 2014.

These General Terms and Conditions shall be used by all members of the Webshop Quality Mark Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are under the supervision of the Netherlands Authority for the Financial Markets.

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Table of contents:

Article  1 – Definitions
Article  2 - Identity of the entrepreneur
Article  3 – Applicability
Article  4 - The offer
Article  5 - The agreement
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 costs thereof
Article  9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 – Complaints Procedure
Article 16 – Disputes
Article 17 – Industry Guarantee
Article 18 - Supplementary or deviating provisions
Article 19 - Amendment of the General Terms and Conditions of the Webshop Quality Mark Foundation

Article 1 - Definitions

In these terms and conditions, the following is understood to mean:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data in digital form be produced and delivered;
6. Durable data carrier: any device – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows for future consultation or use for a period commensurate with the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
7. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
8. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services remotely to consumers;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusively or partly one or more techniques for distance communication are used up to and including the conclusion of the agreement;
10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
11. Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be simultaneously present in the same space;

Article 2 – Identity of the entrepreneur

Bath & Living B.V.
Kerkstraat 78
6031 CJ Nederweert

Tel: +31 (0)495 625991
info@bath-living.com

Available by phone:
Monday 9.00 - 17.00.12:00 AM
Tuesday through Friday 9:00 – 17:30
Saturday 9:30 – 17:00

Store open:
Tuesday to Friday 9:30 AM – 5:30 PM
Saturday 9:30 – 17:00

CoC 78419190
VAT NL861386322B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding 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 manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm 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 agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.
4. The entrepreneur can within legal frameworks – to inform whether the consumer is able to meet his payment obligations, as well as of all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to its execution.
5. The entrepreneur shall, at the latest upon delivery of the product to the consumer, include the following information in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
7. 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;
8. information regarding warranties and existing after-purchase service;
9. the price, including all taxes, of the product; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
10. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

1. The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences 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:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

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

1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any decrease in the value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.

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

1. If the consumer exercises his right of withdrawal, he notifies the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall in any event be deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, 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 burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
   

5. The consumer provides proof of shipment for the return package and ensures timely delivery by regularly checking the status of the return package in the Track&Track page. A return package whose shipment is delayed or which is not delivered to the entrepreneur must be reported by the consumer no later than 30 days after the return shipment via info@bath-living.com waarafter an investigation is initiated by the entrepreneur with the carrier. Notifications received later than 30 days after the return shipment cannot be processed, and the purchase amount of the return package cannot be refunded.

6. 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 indicates that they will bear the costs themselves, the consumer is not required to bear the costs of return.

7. The entrepreneur offers the consumer the option to register items for return in the return portal. The standard return label is an uninsured return shipment, whereby the risk of loss, theft, or damage to the return package is at the consumer's expense. Additional insurance options are also offered, allowing the consumer to insure the return shipment for a value of their choice. The costs for the additional insurance are at the consumer's expense.
   
   

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to submit a notification of withdrawal electronically, he shall send an acknowledgment of receipt immediately after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund 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 has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. articles specially manufactured according to consumer specifications;
2. Items and replacement parts specially ordered at the request of the consumer;
3. Items from the Blomus GROW series that are supplied vacuum-packed and are no longer vacuum-packed;
4. Remnants and package deals offered under this name on the webshop, where it is explicitly stated that there is no right of return.

Article 11 – The price

1. The prices mentioned in the product offer include VAT.
2. During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates.
3. Notwithstanding the preceding paragraph, the entrepreneur may offer products whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.

Article 12 – Performance of the agreement and additional warranty

1. The entrepreneur guarantees that the products comply with the agreement, 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 of the conclusion of the agreement.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extended warranty is understood to mean any commitment by the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of a failure to fulfill their part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. Subject to what is stated regarding this in Article 4 of these General Terms and Conditions, the entrepreneur shall execute 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 executed at all or only partially, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

1. The webshop's ordering process includes payment methods from which the consumer can choose when placing the order. The offered payment methods are determined by the entrepreneur and include direct payment options, credit card payments, and deferred payment options.

Article 15 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding delivered items must be submitted to the entrepreneur in full and clearly described within a reasonable time (no later than 14 days after the date of purchase) after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via the website of Webshop Trustmark Foundation. The complaint is then sent to both the entrepreneur concerned and the Webshop Trustmark Foundation.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after filing the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products and services to be supplied or supplied by this entrepreneur may, subject to the provisions set out below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing, within five weeks of a written request to that effect made by the entrepreneur, whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee renders a decision subject to the conditions set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop).The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not handle a dispute, or will cease handling it, if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has actually ceased his business activities, before a dispute has been heard by the committee at a hearing and a final ruling has been issued.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Quality Mark Foundation Disputes Committee is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 17 – Industry Guarantee

1. The Webshop Quality Mark Foundation guarantees compliance by its members with the binding recommendations of the Webshop Quality Mark Foundation Disputes Committee, unless the member decides to submit the binding recommendation to a court for review within two months of its dispatch. This guarantee is reinstated if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and binding. Up to a maximum amount of €10,000 per binding recommendation, this amount will be paid out to the consumer by the Webshop Quality Mark Foundation. For amounts exceeding €10,000 per binding recommendation, €10,000 will be paid out. For the remainder, the Webshop Quality Mark Foundation has an obligation to use its best efforts to ensure that the member complies with the binding recommendation.
2. For this guarantee to apply, the consumer is required to submit a written claim to Stichting Webshop Keurmerk and to transfer their claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the option to transfer the portion of their claim exceeding €10,000 to Stichting Webshop Keurmerk, after which this organization will, in its own name and at its own expense, pursue legal action to recover payment thereof in satisfaction of the consumer.

Article 18 – Supplementary or deviating provisions

Provisions supplementing or deviating 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 manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 19 – Amendment of the General Terms and Conditions of the Webshop Quality Mark Foundation

1. Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumentenbond.
2. Amendments to these terms and conditions shall only be effective after they have been published in the appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.