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Terms and Conditions – Heatsupply

Table of Contents:

1. Article 1 – Definitions
2. Article 2 – Identity of the Entrepreneur
3. Article 3 – Applicability
4. Article 4 – The Offer
5. Article 5 – The Agreement
6. Article 6 – Right of Withdrawal
7. Article 7 – Obligations of the Consumer During the Reflection Period
8. Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
9. Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
10. Article 10 – Exclusion of the Right of Withdrawal
11. Article 11 – The Price
12. Article 12 – Compliance and Additional Warranty
13. Article 13 – Delivery and Execution
14. Article 14 – Duration Transactions: Duration, Termination, and Renewal
15. Article 15 – Payment
16. Article 16 – Complaints Procedure
17. Article 17 – Disputes
18. Article 18 – Additional or Deviating Provisions

Article 1 – Definitions In these terms and conditions, the following definitions apply:

1. Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection Period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital Content: data produced and supplied in digital form;
6. Continuous Performance Contract: a contract that extends to the regular delivery of goods, services, and/or digital content over a certain period;
7. Durable Medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
10. Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
11. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding their order;
12. Technique for Distance Communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space at the same time.

Article 2 – Identity of the Entrepreneur Name of entrepreneur: Heatsupply BV Business address: Waardjesweg 69 5725 TB Asten Email address: mail@heatsupply.nl Chamber of Commerce number: 75334054 VAT number: NL860242237B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, 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 them 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
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 accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, 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 can dissolve the agreement.
3. 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.
4. The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   1. the visiting address of the entrepreneur’s business where the consumer can lodge complaints;
   2. 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;
   3. the information on guarantees and existing after-sales services;
   4. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.
   2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
   3. in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 – Obligations of the Consumer During the Reflection Period

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for the depreciation of the product resulting from handling the product in a way that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer makes use of their right of withdrawal, they will notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the reflection period has expired.
3. The consumer will return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever comes first.
3. The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services.

Article 11 – The 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 can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in 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 this and:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the Agreement and Additional Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional warranty is understood to mean any commitment of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution

1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least terminate in the same way as they were entered into by them;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves. Renewal:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration:
8. 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 oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer can never be obliged in general terms and conditions to make an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet their payment obligation(s) on time, they are, after being reminded by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. 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 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Additional or Deviating Provisions

1. All products sold by Heatsupply are used entirely at the user’s own risk. Users agree that they understand the potential dangers that arise from improper use.
2. Heatsupply cannot be held responsible for damage caused by improper or unwise use of our products.
3. People with food allergies are advised to read the ingredient list on the product pages as well as the original label on the product. Heatsupply is not responsible for suffering or damage caused by allergies or irresponsible use of our products.
4. Heatsupply advises users to use spicy products as a food supplement. These products can potentially cause serious injury when consumed directly or applied to the skin, eyes, or other superficial organs.
5. When products from our range are given as gifts, the giver of the gift must inform the recipient of all possible dangers of improper use of the products and point out the ingredient list to prevent injuries.
6. Heatsupply, its resellers, its employees, its suppliers, its distributors, and/or producers will not be sued or prosecuted for any damage that the buyer or their relatives have suffered, or would have suffered, from the consumption or use of our products.
7. The buyer declares to use their purchases only when they are able to make well-considered decisions. The buyer will not use/consume their purchases when they are under the influence of alcohol or when they, for any reason, cannot make a well-considered decision.

Article 18 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. In the event of disputes, the Dutch version of these General Terms and Conditions is always decisive.
3. The Vienna Sales Convention does not apply.