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User Agreement, Sales Agreement

SALES AGREEMENT SHANKARA EUROPE BV – SRI SRI AYURVEDA

 

Contents:

Article 1- Definitions

Article 2- Corporate Identity/Entrepreneur

Article 3- Relevance

Article 4- Offer

Article 5- Agreement

Article 6- Right of Withdrawal

Article 7- Obligations of consumer during respite

Article 8- Excecution Right of Withdrawal and costs

Article 9- Obligations Corporate Identity/Entrepreneur with Right of Withdrawal

Article 10- Exclusion Right of Withdrawal

Article 11- Pricing

Article 12- Conformity and additional Guarantees

Article 13- Delivery and Execution

Article 14- Length transactions: duration, termination and extension

Article 15- Payments

Article 16- Complaints

Article 17- Disputes

Article 18- Additional and Different Provisions

 

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

Additional agreement: the agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services will be delivered by the corporate identity/entrepreneur or a third party based upon an agreement of the corporate identity/entrepreneur and this third party.

Consideration time: the term during which the consumer can execute the right of withdrawal.

Consumerthe natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.

Daycalendar day

Digital content: data/information which are produced and supplied in digital form

A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.

Durable Mediumany instrument – including e-mail - which enables the recipient or the entrepreneur to store information addressed personally to them to store in a way accessible to future reference or use for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of Withdrawalthe possibility for the consumer to terminate the distance agreement within the consideration term.

Entrepreneurthe natural person or corporation/corporate identity who offers distance products, (access to) digital content and/or services to consumers.

Distance Agreement: an agreement between corporate identity/entrepreneur and consumer based on a corporate organized system of distance sales of products, digital content and/or services       

Withdrawal form: the European model form for Right of Withdrawal attached to this Sales Agreement

Technique of distant Communicationa means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

 

Article 2- Corporate Identity/Entrepreneur

Sri Sri Ayurveda is part of Shankara Europe BV
Verlengde Zuiderloswal 5, 1e verd.
1216 BW Hilversum
Nederland
 
Corr adres: Postbus 3115, 6039ZG, Stramproy (NL)

The Netherlands
Tel.: 06-11397334
Email: info@srisriayurveda.nl

Chambre of Commerce: 27380209
VAT identification number: NL 8224.23.595.B.01

ING Bank Leeuwarden, the Netherlands
IBAN Bank account number: NL31INGB0004779816
Swift/BIC code: INGBNL2A

 

Article 3- Relevance

These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible before the distance agreement is concluded, it will be indicated by the entrepreneur that the general conditions/terms can be seen at the entrepreneur and that on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.

If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.

In case beside these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.

 

Article 4- Offer

If an offer has a limited validity or has other specifications, this will be emphatically mentioned.

The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products, digital contents and/or services. The images used by the entrepreneur are true representations of the products, digital contents and/or services. Obvious mistakes and errors do not bind the entrepreneur.

Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer.

 

Article 5- The Agreement

The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.

If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.

The entrepreneur shall send the following information with the products, digital content and/or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:

a.        The address of the company for the consumer to file complaints

b.        The conditions and the way how the consumer can execute the right of withdrawal

and a clear indication related to the exclusion of the right of withdrawal.

c.         Information about after sales guarantees and services

d.         The sales price including all taxes of the product, digital content and/or services, the delivery costs if concerned and the way of payment, delivery and execution of the distance agreement.

e.        The requirements for termination of the agreement if the agreement has a duration

of one year or more or if it has an indefinite duration.

f.         In case the consumer has a right of withdrawal, the model withdrawal form

g.         In case of a length transaction the clause e. and f. are only applicable for the first

            delivery.

 

Article 6- Right of Withdrawal

Deliverance of products:

After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days.

The cooling off period starts on the day after the consumer or a pre-designated representative by the consumer made known to the entrepreneur receives the product, or:

If the consumer ordered more than one product in one order, on the day after the consumer or a pre-designated representative by the consumer made known to the entrepreneur receives the last product of the order.The entrepreneur has the possibility, after informing the consumer, to reject an order with multiple products with different delivery dates

If delivery of the products or part of the products takes more than one delivery date: the date on which consumer receives the last product or part of the order

If the distance agreement foresees in regular delivery of products during a specified time period: the day after the consumer or a pre-designated representative by the consumer made known to the entrepreneur receives the first product

 

Deliverance services and/or digital content not stored on a durable medium:

After the purchase of services and/or digital content not stored on a durable medium the consumer has the possibility to disband the agreement without giving reasons during 14 days.

The cooling off period starts on the day after the consumer or a pre-designated representative by the consumer made known to the entrepreneur receives the service or digital content not stored on a durable medium.

 

Prolonged right of withdrawal for products, digital content not stored on a durable medium and/or services:

In case the consumer has a right of withdrawal and the entrepreneur did not provide the consumer with information about his right of withdrawal, along with the model withdrawal form, written or in such a manner that the consumer can store in an accessible way the data on a durable medium, the cooling off period ends 12 months after the end of the original cooling off period mentioned above.

In case the consumer has a right of withdrawal and the entrepreneur did provide the consumer with information about his right of withdrawal, along with the model withdrawal form, written or in such a manner that the consumer can store in an accessible way the data on a durable medium, within twelve months after the date of entry of the original cooling off period, the cooling off period ends 14 days after the day the consumer received the information mentioned above.

 

Article 7- Obligations of consumer during respite

During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. The consumer shall treat and inspect the product the same way he would be allowed to do if the product would be sold in a regular store.

The consumer is solely liable for damage and loss of value of the product as a result of treatment of the product in a way not according to the above.

The consumer is not liable for damage and loss of value of the product In case the entrepreneur did not provide the consumer with information about his right of withdrawal, along with the model withdrawal form, written or in such a manner that the consumer can store in an accessible way the data on a durable medium.

 

Article 8- Execution Right of Withdrawal and costs

If the consumer wants to execute the right of withdrawal, he will notice the entrepreneur by sending the Right of Withdrawal form to the administration (email: admin@srisriayurveda.nl)

If consumer wants to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur, within 14 days of delivery.

The consumer is solely liable for risk and burden of proof of appropriate and timely return and risk of loss during return shipment

 

Deliverance of Services:

After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.

In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.

 

Article 9- Obligations Corporate Identity/Entrepreneur with Right of Withdrawal

If the consumer has filed for right of withdrawal electronically, the entrepreneur immediately confirms electronically that he has received the withdrawal form.

If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible but no later than within 14 days after the return shipment.

The entrepreneur will refund the amount using the same payment method as used by the consumer.

Refund costs will be paid by the entrepreneur.

 

Article 10- Exclusion Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of following products, but only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement:

Products and/or services with prices which are subject to fluctuations on the financial market which the entrepreneur has no influence, during the period of right of withdrawal.

Products that can spoil or age quickly

Sealed products which are excluded of return for health or hygiene reasons,

Products with broken seals

Products not suitable for resale due to damage or writing on the product

All products for which cannot be established that it concerns the original product that was delivered by Shankara Europe BV.

 

Article 11- Pricing

During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.

Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:

a.        These are the result of legal regulations or provisions; or

b.       The consumer has the competence to terminate the agreement from the day the price increase takes effect.

The in the offer mentioned prices include VAT.

 

Article 12- Conformity and Guarantees

The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.

An additional guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.

 

Article 13- Delivery and Execution

The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.

Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost.

In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible.

The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.

 

Article 14- Length transactions: duration, termination and extension

Terminate

The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.

The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.

The consumer can in the agreements in the previous mentioned paragraph:

  • at all times terminate with no restrictions to terminate at a certain time or during a certain period
  • at least terminate in the same manner as they are entered into by him
  • at all times terminate with the same notice as the entrepreneur has obtained for himself.

 

Extension

An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.

Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.

An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.

An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.

 

Duration

If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.

 

Article-15 Payments

The order will be paid by prepayment. The consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.

 

Article 16- Complaints

The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.

The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

 

Article 17- Disputes

Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

 

Article 18- Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.