Article 1 – The entrepreneur
Name: Terapy B.V.
Address: Jarmuiden 26 A
Postal code and city: 1046 AD Amsterdam
Chamber of Commerce number: 74375741
VAT number: 859872257B01
Hereinafter referred to as: TERAPY
Article 2 – Definitions
- Additional agreement: the agreement that is concluded between TERAPY and the consumer in connection with the purchase of products or the purchase of services.
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal.
- Consumer: the natural person who does not act for a purpose related to his trade, business, craft or professional activity. Consumer is also understood to mean a (legal) person who uses TERAPY products only for internal business purposes and does not have the purpose of reselling the products.
- Day: calendar day.
- Digital content: data that is produced and delivered in digital form.
- Sustainable data carrier: any tool that enables the consumer or entrepreneur to store digitally obtained information in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended.
- EPS: the filling of the beanbag a product offered by TERAPY.
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products, digital content and / or services (at a distance) to consumers.
- Distance agreement: an agreement concluded between TERAPY 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 joint use one or more techniques for distance communication are made.
- Model form for cancellation: the model form for cancellation included in Appendix 1 of these general terms and conditions.
- Technology for distance communication: means that can be used to conclude an agreement without the consumer and TERAPY having to be in the same room at the same time.
Article 3 – Applicability
- These terms and conditions apply to all offers, orders and agreements from TERAPY. These general terms and conditions have been filed with the Chamber of Commerce in Amsterdam under number 34310517 and will be sent by us free of charge upon request. These general terms and conditions can also be consulted via the internet, see: www.terapy.eu.
- Before a distance agreement is concluded with a consumer, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the agreement is concluded, TERAPY will indicate how the consumer can view these general terms and conditions.
- If the conclusion of the agreement is made electronically, the text of these general terms and conditions can be made available to the consumer electronically. All this in such a way that the general terms and conditions can be stored as easily as possible on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded how the consumer can view these general terms and conditions.
- If specific product or service conditions apply in addition to these general terms and conditions, the provisions of that specific agreement – if this is laid down in writing in those specific terms and conditions – shall prevail over the provisions of these general terms and conditions.
- These general terms and conditions can only be deviated from in writing. In the event of a written deviation from these general terms and conditions, all provisions that do not deviate from these general terms and conditions will remain in force.
- All rights and claims stipulated in these general terms and conditions and in any further agreements and conditions for TERAPY also apply to any intermediaries and other third parties engaged by TERAPY.
Article 4 – The offer
- If the offer has a limited period of validity, is made without obligation or is made subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If TERAPY uses images, care will be taken to ensure that these represent a truthful representation of the products, services and / or digital content offered as far as possible. But manifest errors or errors in the TERAPY offer do not bind. If images do not represent truthful representations of the products, services and / or digital content offered, this will be stated in the offer.
- TERAPY does not guarantee that the color as seen on a computer screen is identical to the color that is received. This may differ due to the quality of the computer screen or the set color scheme.
- Discount promotions and discount coupons cannot be combined or stacked.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – Formation, duration and termination
- The agreement is concluded at the moment that the offer from TERAPY is accepted by the consumer, unless it follows from the offer that it was made without obligation. If there is a non-binding offer, the agreement is concluded at the moment that TERAPY accepts the offer – electronically.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically.
- As soon as the agreement is concluded electronically, TERAPY takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, TERAPY will take appropriate security measures.
- The agreement between TERAPY and the consumer is in principle concluded for an indefinite period. The agreement ends by operation of law if both parties have mutually fulfilled their obligations arising from the agreement. These terms and conditions also apply after the termination of the agreement.
- TERAPY has the right to terminate the agreement in the following cases:
a. TERAPY has been informed within the legal framework whether the consumer can meet his payment obligation and it follows that the consumer can’t meet his payment obligation.
Article 6 – Prices
- TERAPY reserves the right to change the rates stated in the offer, on the website, in the agreement, in these general terms and conditions or which have been made public in any way.
- The prices mentioned in the offer, on the website, in the agreement, in these general terms and conditions or which have been made public in any way include VAT and other government levies, unless stated otherwise.
Article 7 – Right of withdrawal of consumers
- The consumer has the right to terminate the agreement with regard to the purchase of a remote product within 14 days without giving reasons. TERAPY may ask the consumer for the reason for his cancellation, but the consumer is not obliged to state reasons.
- The cooling-off period referred to in paragraph 1 starts at the moment that the product is made available to the consumer by a mail order company or other transport company. If the product is not delivered by a mail order company or other transport company, the period referred to in paragraph 1 starts as soon as the consumer has access to the product.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is liable for changes in value of the product if he has used the product for purposes other than those referred to in paragraph 3.
- If the consumer wishes to make use of his right of withdrawal, he must report this to TERAPY within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. Social media is not a permitted route for this report.
- TERAPY will send the consumer a confirmation of receipt if the cancellation is made electronically.
- The consumer will – if he wishes to make use of his right of withdrawal – return the product to TERAPY within 14 days, unless an authorized person comes to pick up the product on behalf of TERAPY. The consumer bears the costs for returning the product.
- The product is fully returned by the consumer including all supplied accessories and packaging to TERAPY.
- After the product has been received by TERAPY, TERAPY will proceed to reimbursement of payments and other reimbursements from the consumer within 30 days. The same payment method is used here – as far as possible.
- If the consumer makes use of his right of withdrawal, all agreements relating to the product will be dissolved.
Article 8 – Delivery
- The delivery times stated on the website are indicative. The consumer receives his order with due speed and at the latest within (30) working days, unless TERAPY indicates otherwise. In the latter case, the consumer receives timely notification of this. Exceeding the delivery period does not entitle the consumer to compensation.
- If the delivery is delayed, or if the delivery of a product can only be partially carried out, the consumer will be notified of this at the latest within 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement and the right to any compensation.
- The risk of damage and / or loss of the product lies with TERAPY until the moment of the offer at the delivery address specified by the consumer.
- Delivery takes place at the moment that the products are offered at the specified delivery address.
- TERAPY may use third parties for the execution of your order (s).
Article 9 – Retention of title
Ownership of delivered items only passes if the consumer has paid the amount due. The risk with regard to the articles is transferred to the consumer at the time of delivery.
Article 10 – Data and information
- The consumer provides TERAPY with all data required to execute the agreement. This information is provided on time, in the desired form and in the desired manner.
- If the consumer does not meet his obligation referred to in paragraph 1, TERAPY has the right to suspend the delivery of the product.
- The data supplied must be correct, complete and reliable. This is the responsibility of the consumer. If due to changed circumstances the information made available by the consumer is no longer complete, correct or reliable, this will be made known to TERAPY as soon as possible.
- If incomplete, unreliable or incorrect data causes damage or additional costs must be incurred, these extra costs will be borne by the consumer.
Article 11 – Fees and payments
- The consumer can pay by using one of the payment methods offered during the ordering process. Further payment conditions can be imposed on the payment.
- For payment by bank or giro, the date of payment is the date of crediting the giro or bank account of TERAPY.
- If the consumer exceeds the payment term mentioned in one of the payment methods, he will be in default from the day payment should have taken place and will owe the statutory default interest of 2% on the outstanding amount from that day. If payment takes place after a reminder by TERAPY, the consumer owes an amount of twenty euros (€ 20) in administration costs. If TERAPY uses a collection agency to claim the outstanding amount, the consumer also owes these costs. These collection costs will be at least fifteen percent (15%) of the outstanding amount, but TERAPY reserves the right to claim the extrajudicial collection costs actually incurred.
- In the event of late payment, TERAPY has the right to suspend or dissolve the relevant agreement and any associated agreements.
Article 12 – Liability and complaints
- TERAPY is not liable for misunderstanding, damage, delays or improper transmission of orders and communications as a result of the use of the internet or other means of communication between the consumer and TERAPY, or between TERAPY and third parties, unless there is intent or gross negligence. debt from TERAPY.
- In the initial period, the outer cover – if applicable – of the product stretches. As a result, the product may need to be refilled. The costs for refilling EPS are not reimbursed by TERAPY.
- The delivered product must be checked by the consumer immediately upon receipt. Any defects must be reported to TERAPY in writing and with reasons, within 7 days after receipt of the product.
- If a defect occurs only after a longer period of use, and this defect should not occur within normal period during normal use, the consumer will report this as soon as possible, but no later than within 14 days after discovering this defect in TERAPY.
- If it has been demonstrated that an item does not comply with the agreement, TERAPY has the option of replacing the item with a new copy or returning the invoice price plus shipping costs paid for it.
Article 13 – Guarantees
The warranty is six (6) months – and this is valid on the zips and seams. No guarantee applies to the EPS filling. The invoice or TERAPY order number serves as a payment guarantee.
Article 14 – Force majeure
- In the event of force majeure, which in any case means – but is not limited to – disruptions in telecommunications, war, blockage in transport, strike, fire and flooding, the implementation of the agreement or the agreement will be suspended be terminated. All this without any obligation to pay compensation.
- Force majeure also exists if it cannot reasonably be expected from TERAPY, based on special circumstances of the case, that the performance of the agreement will be continued.
Article 15 – Protection of personal data
- For the execution of the agreement by TERAPY it is necessary to process personal data of the consumer. TERAPY will ensure an appropriate level of security when processing this data.
- The processing of personal data will take place in a manner that is appropriate in accordance with the General Data Protection Regulation (AVG).
- TERAPY has a Privacy Statement which can be consulted on the TERAPY website. At the consumer’s request, this Privacy Statement can be sent to the consumer by email or by post. In the event that the consumer wishes to receive the Privacy statement by post, TERAPY may charge for any shipping costs.
- If a data breach is discovered at TERAPY, this will be made known to the consumer as soon as possible.
Article 16 – Intellectual property
- All materials and products produced and / or made available by TERAPY in the broadest sense of the word are the property of TERAPY.
- Without express permission from TERAPY, the distribution, use or publication thereof is prohibited.
- In the event of a violation of what is stated in this article, TERAPY will recover the damage suffered as a result thereof in the broadest sense of the word from the consumer. This does not only concern material damage, but also immaterial damage.
Article 17 – Complaints
- If the consumer has a complaint with regard to the products, services provided and / or the related amount invoiced by TERAPY, this complaint must be submitted in writing within a reasonable time after receipt of the product or discovery of the defect in TERAPY. be by registered letter. Complaints are fully and clearly described.
- Complaints do not suspend the payment obligation of the consumer.
- TERAPY informs the consumer when the complaint is received by TERAPY. From that moment on the TERAPY will handle the complaint within 6 weeks.
- If the consumer does not make a complaint known to TERAPY within the stipulated period, all rights in this regard will lapse for the consumer.
Article 18 – Other provisions
- Dutch law is exclusively applicable to these general terms and conditions and agreements between TERAPY and the consumer.
- Disputes are submitted to the court in Amsterdam.
- All periods mentioned in the offer are only indicative and are not strict deadlines.
- If one or more of the provisions of these Terms and Conditions or any other agreement with TERAPY should conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new, comparable provision to be determined by TERAPY.
- Without prejudice to the other rights vested in TERAPY, TERAPY has the right to suspend the execution of your order in the event of force majeure or to dissolve the agreement without judicial intervention by notifying you in writing.
- The TERAPY brand name is a registered trademark. It may not be used or copied under any circumstances.
Annex 1 – Model withdrawal form
Model form for cancellation
(only complete and return this form if you wish to withdraw from the contract)
To: Terapy B.V. , Jarmuiden 26A, 1046 AD Amsterdam
I / We hereby inform you that I / we agree with us on the sale of the following products / the delivery of the following digital content / the provision of the following service:
revoked / revoked.
Ordered on / received on: