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Terms and Conditions

Vitea Mea

Toc:

General

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Herroepingsrecht

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 in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or different provisions

Article 19 – Legality

Article 20 – Use

Article 1 – Definitions

For the purposes of these conditions:

  1. Additionalagreement: 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 provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflectionperiod: the period within which the consumer can make use of 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 produced and supplied in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
  7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Rightof withdrawal: the possibility of the consumer to waive 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 remotely;
  10. Distancecontract: 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 up to and including the conclusion of the agreement exclusive or co-use is made of one or more techniques for distance communication;
  11. Model withdrawalform: the European model withdrawal form set out in Annex I to these conditions;
  12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet simultaneously in the same room.

Article 2 – Identity of the entrepreneur

Vitea Mea

Nieuwezijds Voorburgwal 302

1012 RT Amsterdam

Phone number: +31646225105

Email address: info@viteamea.nl

Chamber of Commerce number: 66664624

VAT identification number: NL190623019B01

If the activity of the entrepreneur is subject to a relevant licensing system: the

information on the supervisory authority.

If the entrepreneur pursues a regulated profession:

  • the professional association or organisation to which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it was awarded;
  • a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules are accessible.

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 will be 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 seen at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from 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 medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity 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 allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur can inform himself within legal frameworks 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 distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send 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:
  1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
  3. the information about warranties and existing after-purchase service;
  4. the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.
  7. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Herroepingsrecht

For products:

  1. The consumer can terminate an agreement with regard to 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 not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 shall start 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:
  1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
  2. 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, has received the last shipment or the last part;
  3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content not supplied on a material medium:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material medium for a minimum of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a material medium in case of non-informing about the right of withdrawal:

  1. 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.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective 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. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point 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 depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer makes use of his right of withdrawal, he reports this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in other unambiguous ways.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has observed 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 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 correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for returning the costs.
  6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal , compared to the full fulfilment of the obligation.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
  2. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
  3. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a material medium, if:
  1. prior to its delivery, he has not expressly agreed to start fulfilling the agreement before the end of the cooling-off period;
  2. he has not acknowledged losing his right of withdrawal when granting his consent; Or
  3. the entrepreneur has failed to confirm this statement from the consumer.
  4. If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.

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

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send an acknowledgement of receipt after receipt of this notification.
  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 informs him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  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. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present 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 agreements, after full performance of the service, but only if:
  1. the execution has started with the express prior consent of the consumer; And
  2. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  1. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  2. Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
  3. Agreements relating to leisure activities, if a certain date or period of implementation is provided for in the agreement;
  4. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
  7. Products which, by their nature, are irrevocably mixed with other products after delivery;
  8. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations of the market over which the entrepreneur has no influence;
  9. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  10. Newspapers, magazines or magazines, with the exception of subscriptions thereto;
  11. The supply of digital content other than on a material medium, but only if:
  1. the execution has started with the express prior consent of the consumer; And
  2. the consumer has stated that he loses his 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 will not be increased, except for price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; Or

b. the consumer has the power to terminate the agreement from the day on which the price increase takes effect.

  1. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and additional warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
  3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will take the utmost care when receiving and executing 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. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of up to one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
  3. The consumer may:
    • cancel at any time and not be limited to termination at a certain time or in a certain period;
    • at least terminate in the same way as they have been entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
  2. By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and 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 can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and 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 in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 duration.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional 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 agreement. In the event of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay in advance of more than 50% in general terms and conditions. If prepayment is stipulated, the consumer cannot assert any right with regard to the execution of the order or service(s) in question, before the stipulated prepayment has taken place.
  3. The consumer has the obligation to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are maximum: 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 aforementioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a competent time after the consumer has found 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is susceptible to the dispute settlement.

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or different provisions

Additional or different provisions 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.

Article 19 – Legality

  1. The use of the website of and placing an order with Vitea Mea or a purchase in the store in Amsterdam is reserved for persons aged 18 years and older.
  2. Vitea Mea is a member of the VLOS (Association of National Consultation smart products) www.vlos.nl and the CAN (Cannabinoiden Adviesbureau Nederland)
  3. By placing an order or a purchase in the store at Vitea Mea you accept all responsibility regarding the legal status of the products that will be sent to you.
  4. All products on the website are legally permitted in the Netherlands.

However, Vitea Mea cannot give an answer as to the legal status of any product in any other country, as it is impossible for Vitea Mea to be aware of the ever-changing legislation in all countries.

Vitea Mea cannot provide any information about the legal status of a product in your country.

  1. You accept the responsibility to notify yourself of the laws, import provisions and customs regulations in force in your country before ordering and you declare that the import of the ordered products into your country is permitted by law.
  2. Vitea Mea does not in any way encourage the illegal use of our products.
  3. Vitea Mea cannot be held responsible when the ordered product is confiscated by customs.
  4. Vitea Mea ships the products subject to the condition that they are not used by third parties that are in violation of the law.
  5. Vitea Mea cannot be held liable for damage resulting from improper or unlawful use of our products.

Article 20 – use

  1. Keep all products out of reach of children.
  2. Vitea Mea does not claim in any way that its products are suitable for treating, curing or preventing any disease or condition. Vitea  Mea  does not give specific medical advice.
  3. Do not use our products if you suffer from high blood pressure, cardiovascular disease, diabetes or any other physical condition. Do not use our products during pregnancy or breastfeeding. Do not use our products in combination with MAO inhibitors or any other medicine. Driving and the use of heavy machinery should be avoided when using our products. If in doubt, always consult a doctor and follow his advice.
  4. You accept full liability for all injuries, damages, penalties, loss of income or assets arising from the purchase, consumption, use and/or misuse of a Vitea Mea product. The company and its owners, representatives and employees are not responsible for the actions of customers.

Annex I: Model withdrawal form

Model withdrawal form

(fill out and return this form only when you wish to revoke the agreement)

To:

Vitea Mea

Nieuwezijds Voorburgswal 302

1012RT Amsterdam

info@viteamea.nl

  • I/We* hereby inform you that I/we* have entered into our agreement regarding

the sale of the following products:

*

the supply of the following digital content: [indication of digital content]*

the provision of the following service: [service designation]*,

revoke/revoke*

  • Ordered on*/received on* [date of order with services or receipt of products]
  • [Name of consumers(s)]
  • [Consumer address(s)]
  • [Signature consumer(s)] (only when this form is submitted on paper)

* Delete what does not apply or fill in what applies.