Terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future access and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for communication at a distance are used up to and including the conclusion of the contract;
Technique for communication at a distance: means that can be used for concluding a contract, without the consumer and entrepreneur simultaneously being in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Mamma's Earth BV
Chamber of Commerce number: 90947363
Trade name: Mother's Earth
VAT number: NL865505202B01
Customer service email: support@mothersearth.com
Business address: Traviatastraat 60, 1183NZ, Amstelveen, Netherlands
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another manner upon request.
In case of additional specific product or service conditions alongside 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 favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially void or nullified at any time, the agreement and these conditions shall remain in force for the rest and the relevant provision shall be replaced in mutual consultation immediately by a provision that approaches the purpose of the original provision as closely as possible.
Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 β The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding customs clearance. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
the possible costs of shipping;
the manner in which the agreement will be concluded and what actions are necessary for this;
the applicability or not 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 amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication medium;
whether the agreement will be archived after its conclusion, and if so, in what way the consumer can access it;
how the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 β The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
Within the legal framework, the entrepreneur may ascertain 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 agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a order or application with reasons or to attach special conditions to its implementation.
The entrepreneur will provide the consumer with the following information about the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can address 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 about guarantees and existing after-sales service; the data mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 β Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.
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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.
If the customer has not notified within the time limits mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 β Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive evidence of complete return shipment can be provided.
Article 8 β Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been made to the consumer's specifications by the entrepreneur; that are clearly of a personal nature; that cannot be returned due to their nature; that can spoil or age quickly; the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence; for loose newspapers and magazines; for audio and video recordings and computer software where the consumer has broken the seal. for hygienic products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period; for which delivery has begun with the express consent of the consumer before the cooling-off period has expired; concerning bets and lotteries.
Article 9 β The Price
During the validity period 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.
Contrary to 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT.
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Article 10 β Conformity and Warranty
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for purposes other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of the products must be made in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty 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.
The warranty does not apply if:
The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled improperly or contrary to the entrepreneur's instructions and/or those on the packaging;
The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 β Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The address provided by the consumer to the company shall be considered the place of delivery.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders promptly and at least within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be or can only be partially executed, the consumer will be notified thereof no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and to claim any compensation.
In the event of dissolution pursuant to the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 β Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time, by the end of the agreed period, observing the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
at any time and shall not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement concluded for a definite period and which involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
Notwithstanding the preceding paragraph, an agreement concluded for a definite period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement concluded for a definite period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer is entitled to terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the purpose of introducing daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate upon the expiry of the trial or introductory period.
Duration
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 preclude termination before the end of the agreed duration.
Article 13 β Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs communicated in advance to the consumer.
Article 14 β Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 β Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is domiciled abroad.
Article 16 β CESOP
Due to the measures introduced and tightened in 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive)' and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.
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