General terms and conditions Webshop Karma Dentistry

These delivery conditions apply to products of karma-dentistry.com that can be ordered through the Internet and delivered by post.

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – Registration
Article 5 – The offer
Article 6 – The agreement
Article 7 – Right of withdrawal
Article 8 – Costs in the event of withdrawal
Article 9 – Exclusion of the right of withdrawal
Article 10 – The price
Article 11 – Compliance and Warranty
Article 12 – Delivery and execution
Article 13 – Duration transactions: duration, termination and renewal
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Registration of data
Article 18 – Liability
Artikel 19 – Intellectual property right
Article 20 – Cancellation Policy

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Grace period: The period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a remote agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a remote agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
5. Durable medium: every means that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to waive the remote agreement within the cooling-off period;
7. Model form: the model form for withdrawal which the entrepreneur makes available and which a consumer may fill in if he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
9. Remote agreement: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the entrepreneur

Information about our products can be obtained from:

Karma Dentistry

Zijpendaalseweg 17

6814 CB  Arnhem
Phone number: +31 6 11505411
email: info@karma-dentistry.com

Opening hours:
Monday to Friday 8.30 to 12.00 and 13.00 to 16.30.

KvK no.: 78220335 in Apeldoorn
VAT no.: NL861307604B01

Bank: Rabobank account no. NL20RABO0356199118

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement and order that is concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
3. If the remote agreement is concluded electronically, then, contrary to the previous paragraph, and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
6. Situations not regulated by these general terms and conditions are to be assessed “in the spirit” of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

Article 4. Registration

1. The consumer can order products after he has been registered in the consumer database of the entrepreneur. Registration and ordering is subject to the procedures established by the entrepreneur and made known to the consumer.
   2. If the consumer does not, or not sufficiently, comply with obligations with regard to orders, the entrepreneur shall be entitled to remove the consumer from his consumer database, without prejudice to his right to compliance with these obligations.
   3.   If the consumer has not placed an order for a long period of time (since his registration, or since the last order), the entrepreneur can remove the consumer from his consumer database.

 Article 5 – The offer

1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• The price inclusive of taxes;
• Any costs of shipment;
• The way in which the agreement will be brought about and what actions are required for this;
• The applicability or otherwise of the right of withdrawal;
• The method of payment, delivery and execution of the agreement;

The period for accepting the offer, or the period within which the entrepreneur 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 contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
• The way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
• Any other languages, besides Dutch, in which the agreement may be concluded;
• The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the remote agreement in the case of an extended transaction.

Article 6 – The agreement

1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the 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 will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
4. The entrepreneur can – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, along with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable medium
   The visiting address of the entrepreneur’s business establishment where the consumer may lodge complaints;
   b. The conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   c. The information on guarantees and existing after-sales service;
   d. The data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
   e. The requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery;
7. Every agreement is entered under the suspensive conditions of sufficient availability of the products concerned.
8. Ownership of the course material remains with Karma Dentistry at all times

Article 7 – Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving a reason, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative. The cooling-off period also applies if the participant books the course and the company or employer pays for it. If the company concludes the contract, there is no cooling-off period.
2. During the cooling-off 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 judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories complete, undamaged, unused and in the original packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of an email to info@karma-dentistry.com. After the consumer has made known that he wishes to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
4. If, after the expiry of the periods specified in paragraphs 2 and 3, the consumer has not made known his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
5. Return shipments with a value of more than €125 must be sent by registered mail.
6. If products are incomplete or damaged upon receipt by the entrepreneur, this is entirely at the expense and risk of the consumer.
7. Cancellation and refunds via PayPal will be subject to a 10% payment fee. This amount will be deducted from the total amount to be refunded to the consumer.

 Article 8 – Costs in the event of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall bear the costs of returning the goods.
2. 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. This is subject to the condition that the product has already been received by the merchant or conclusive proof of the return can be provided and that the return is received in good condition. The merchant is not liable for any damage – including theft or loss – that occurs to the packaging or the product when returning it. If the product is not received in accordance with the conditions, the purchase price will not be refunded.
3. If the consumer has wrongly exercised the right of return, the entrepreneur is entitled to charge the consumer for all associated costs.

Article 9 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products
   That have been created by the entrepreneur in accordance with the consumer’s specifications;
   b. That are clearly of a personal nature;
   c. That cannot be returned due to their nature;
   d. That spoil or age quickly;
   e. Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
   f. For single newspapers and magazines;
   g. For audio- and video-recordings and computer software of which the consumer has broken the seal;
   h. For hygienic and perishable products of which the consumer has broken the seal (for example, but not limited to gels, toothpastes, mouthwash, lip balms etc.).

Article 10 – The price

1. During the validity period mentioned 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. 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, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. 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 statutory regulations or stipulations; or
   b. The consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT but exclude shipping costs.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the entrepreneur is not obliged to deliver the product at the incorrect price.
7. Shipping costs are stated when ordering the item(s).

Article 11 – Compliance and Warranty

1. The entrepreneur guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the contract.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee period. However, the entrepreneur is never 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.
5. The guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 12 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address which the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.
8. The entrepreneur shall endeavour to deliver orders at once, but is entitled to make partial deliveries if this proves necessary.

Article 13 – Duration transactions: duration, termination and renewal

Termination

1. The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
2. 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 in compliance with the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:

• At any time and shall not be limited to termination at a specific time or during a specific period;
• At least in the same manner as they were entered into by him;
• Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension

1. A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
4. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, after one year has passed, the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

 Article 14 – Payment

1. As far as no other date has been agreed, sums payable 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 for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3. In the event of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 15 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first contact the entrepreneur in writing or by email. For complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If no solution can be found, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding, and both entrepreneur and consumer agree to this binding verdict. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

 Article 16 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Also when the consumer lives abroad.
2. The Vienna Sales Convention shall not apply.

 Article 17 – Registration of data

1. The consumer agrees that the entrepreneur may include data relating to the consumer in one or more registers for use in his business operations.
2. Upon request, the entrepreneur shall provide the consumer with information on the purpose and use of such registrations. The entrepreneur will not make these details available to third parties without the consumer’s consent or knowledge.

 Article 18. Liability

1. The entrepreneur will not be liable for any direct or indirect damage for which the entrepreneur does not explicitly accept liability in these conditions, except for damage caused by intent or gross negligence on the part of the entrepreneur.
2. The liability of the entrepreneur shall at all times be limited to the amount of the invoice for the delivery in question or the maximum amount that the entrepreneur could have charged the consumer.
3. The limitation of liability as stipulated in this article applies equally to employees, workers and all other persons used by the entrepreneur for the implementation of the contract.
4. No rights and/or obligations can be derived from the advice and texts on this website.
5. The entrepreneur is not liable for improper or incorrect use of the goods and services supplied. Always consult an expert, such as a dentist, for information and advice.
6. The entrepreneur is never liable for any indirect damage of the consumer, including consequential damage, immaterial damage, business damage, loss of orders, loss of profit and the like.
7. In all matters not covered by these General Terms and Conditions, the entrepreneur’s managing director will decide.