Terms of service

CORPORATE STRUCTUR

The offer of movable goods on Nuvita Care is sold by the seller, not by the website owner. Therefore, when purchasing a movable item, a contract is formed between the buyer and the seller. The website owner is not a party to this purchase contract. The terms and conditions applicable between the seller and the buyer are included in this document for convenience. Please note: These general terms and conditions apply between the buyer and the seller and are not enforceable against the website owner.

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

  • The seller must provide the buyer with clear and written information about taxes, payment, delivery, and fulfillment of the contract.

  • The buyer will receive the order within 30 days unless another deadline has been agreed upon with the seller. If the movable item in question is not or no longer available, the seller must inform the buyer. Any (advance) payments must be refunded within 30 days unless the seller provides a comparable movable item.

  • The buyer has a right of withdrawal, meaning they can return the purchase within fourteen days without providing a reason. Any shipping costs incurred will be borne by the buyer. Any (advance) payments must be refunded within thirty days.

ARTICLE 1 - DEFINITIONS

In these mediation terms, the following definitions apply:

  1. Website: The platform provided via www.nuvita-care.com, including all associated subdomains.
  2. Website Owner: Chamber of Commerce upon request.
  3. Buyer: The person who makes a purchase on the aforementioned website.
  4. Seller: The company that sells movable goods to the buyer, either as a manufacturer or as a dealer.

ARTICLE 2 - BUYER'S RIGHTS

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

  1. The seller must provide the buyer with clear and written information about taxes, payment, delivery, and fulfillment of the contract.
  2. The buyer will receive the order within 30 days unless another deadline has been agreed upon with the seller. If the movable item in question is not or no longer available, the seller must inform the buyer. Any (advance) payments must be refunded within 30 days unless the seller provides a comparable movable item.
  3. The buyer has a right of withdrawal, meaning they can return the purchase within fourteen days without providing a reason. Any shipping costs incurred will be borne by the buyer. Any (advance) payments must be refunded within thirty days.

ARTICLE 3 - TYPE OF MEDIATION SERVICE

  1. The offer of movable goods on Vital Aura is sold by the seller, not by the website owner. Therefore, when purchasing movable goods, a contract is formed between the buyer and the seller. The website owner is not a party to this purchase contract.
  2. Certain movable goods are purchased through the website from third parties who may or may not be based in the European Union.
  3. The service provided by the website owner is a mediation service for a third party. When ordering a movable item through the website, the website owner is authorized to act as an intermediary on behalf of and at the expense of the buyer and to order the movable item from the actual seller of the movable item in question.
  4. If the actual seller is based outside the Netherlands and the movable item in question must therefore be imported, this will be done in the name of the buyer. Additional costs such as import VAT and (customs) clearance fees will be borne by the buyer.

ARTICLE 4 - PAYMENT

  1. Payment for the purchased product is made through the website owner. The website owner is also responsible for (re-)payment to the actual seller.
  2. The prices listed on the website may differ from the amounts the website owner (re)pays to the actual seller. The seller may have the opportunity to purchase the product for a lower amount after it has been purchased by the buyer. The difference between the amount paid by the buyer and the amount paid to the actual seller is considered compensation for the mediation service provided by the website owner to the third party.

ARTICLE 5 - COMPLAINT PROCEDURE

  1. If the buyer is dissatisfied with the way the (mediation) contract has been implemented, they may notify the website owner using the contact details provided on the website. Any complaint made by the buyer will be handled by the website owner with the utmost care and as quickly as possible. The website owner will provide the buyer with a substantive response within fourteen days of receiving the complaint.
  2. If the buyer is dissatisfied with the procedure mentioned in paragraph 1 of this article, they may contact the dispute resolution body of the European OS platform (https://ec.europa.eu/consumers/odr/).

GENERAL TERMS AND CONDITIONS (GTC)

CONTENTS:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Contract

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - Price

Article 10 - Performance and Warranty

Article 11 - Delivery and Execution

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaint Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  1. Supplementary Agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Withdrawal Period: The period within which the consumer can exercise their right of withdrawal;
  3. Consumer: The natural person who does not act in the exercise of a profession, trade, or craft and concludes a contract with the entrepreneur;
  4. Day: Calendar day;
  5. Digital Content: Data created and delivered in digital form;
  6. Duration Transaction: A contract that relates to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  7. Durable Data Carrier: Any (auxiliary) tool that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information, including email;
  8. Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the withdrawal period;
  9. Model Withdrawal Form: The form provided by the entrepreneur to the consumer that the consumer can fill in when they wish to exercise their right of withdrawal;
  10. Entrepreneur: The natural or legal person who offers products and/or (access to) digital content and/or services to consumers remotely;
  11. Distance Contract: An agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used;
  12. Technique for Distance Communication: Means that can be used to conclude a distance contract without the consumer and the entrepreneur being in the same room simultaneously;
  13. General Terms and Conditions: These general terms and conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

  1. Email Address: support@nuvita-care.com
  2. Chamber of Commerce Number: Upon request
  3. VAT Identification Number: Upon request

ARTICLE 3 - APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
  4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of this article apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions of these general terms and conditions are declared null and void or invalid in whole or in part at any time, the remaining provisions of these general terms and conditions will remain in effect, and the invalid or voided provision(s) will be replaced by a provision that approaches the original meaning as closely as possible in mutual consultation.
  6. Situations that are not regulated by these general terms and conditions must be assessed in accordance with these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our conditions must be interpreted in accordance with these general conditions.

ARTICLE 4 - THE OFFER

  1. If an offer has a limited validity period or is made subject to conditions, this must be explicitly stated in the offer.
  2. The offer made by the entrepreneur is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The entrepreneur's offer contains a complete and accurate description of the products and/or services offered at all times. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images that give the impression that these images show the product offered, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. The images of the products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the colors shown will exactly match the actual colors of the products.
  5. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:
    • The price, including taxes;
    • Any potential shipping costs;
    • The manner in which the agreement will be concluded and what actions are required for this;
    • Whether or not the rate for distance communication is calculated based on a different rate than the regular base rate for the communication method used;
    • Whether the agreement will be archived after its conclusion, and, if so, how it can be accessed by the consumer;
    • The minimum duration of the distance contract, if applicable;
    • The application of the right of withdrawal;
    • The manner of payment, delivery, and execution of the agreement.

ARTICLE 5 - THE AGREEMENT

  1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will 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 will take appropriate security measures.
  4. The entrepreneur may, within the legal framework, inquire whether the consumer can meet their payment obligations, as well as any facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. At the latest, upon delivery of the product, service, or digital content, the entrepreneur will send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • The address of the entrepreneur's establishment where the consumer can submit complaints;
    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
    • Information on existing customer service and guarantees;
    • The price, including taxes, of the product, service, or digital content;
    • The costs of delivery if applicable;
    • The method of payment, delivery, or execution of the distance contract;
    • The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
    • If the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For the Delivery of Products:

  1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days.
  2. This cooling-off period starts the day after the consumer receives the product or a third party designated by the consumer and communicated to the entrepreneur.
    • If the consumer has ordered several products in the same order, the cooling-off period will start on the day the consumer or a third party designated by them receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer prior to the ordering process.
    • If the delivery of a product consists of several shipments or parts, the cooling-off period starts on the day the consumer or a third party designated by them receives the last shipment or part;
    • If the agreement provides for the regular delivery of goods over a certain period, the cooling-off period starts on the day the consumer or a third party designated by them receives the first good.

For Services and Digital Content Not Delivered on a Tangible Medium:

  1. In the case of a service contract or a contract for the delivery of digital content not supplied on a tangible medium, the consumer can dissolve the contract without giving any reason within fourteen days. These fourteen days start the day after the contract is concluded. Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in the event of non-provision of information on the right of withdrawal:
  2. 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 will expire 12 months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  3. If the entrepreneur has provided the information referred to in the previous paragraph within 12 months after the start of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received this information.
  4. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and in the original condition and packaging as far as reasonably possible, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  5. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must do so using the model form. After expressing their wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of a shipping receipt.

ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

  1. If the consumer exercises their right of withdrawal, they will bear the maximum cost of returning the goods.
  2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same method chosen by the consumer. This requires the return receipt from the entrepreneur or conclusive proof of the complete return.
  3. Any depreciation of the goods caused by improper handling will be at the consumer's expense. This does not apply if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the purchase contract.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has explicitly stated this in the offer and at least before concluding the contract and if it concerns one of the products mentioned in paragraphs 2 and 3.
  2. Exclusion is only possible for the following products:
    • Those manufactured according to the consumer's specifications;
    • Those that are clearly of a personal nature;
    • Those that spoil or age quickly;
    • Those whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
    • For single newspapers and magazines;
    • For audio and video recordings and computer software that the consumer has unsealed;
    • For hygiene products where the consumer has broken the seal.
  3. Exclusion is only possible for the following services:
    • Regarding accommodation, transport, restaurant, or leisure activities to be performed on a specific date or during a specific period;
    • For which delivery has begun with the consumer's express consent before the end of the cooling-off period;
    • Concerning betting and lotteries.

ARTICLE 9 - PRICE

  1. During the validity period stated in the offer, the prices of the offered products and/or services 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 beyond the entrepreneur's control, at variable prices. This link to fluctuations and the fact that the prices listed are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated them and:
    • They result from legal regulations or provisions; or
    • The consumer has the right to terminate the contract on the day the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - WARRANTY AND CONFORMITY

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a different use than