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SuperStrains - Home of the Amnesia
a trademark of Feel'n Good B.V
Groenstraat 139 -B23
Telephone: +31 620.521.572
(mo-fri 09.00-17.00 GMT+2)
Chambers of Commerce: 68915098
VAT nr: NL857645948B01
Feel’n Good B.V.
Article 1: Applicability, definitions
1. These General Terms and Conditions apply to any offer and to any contract of sale and purchase - whether or not realised via the websites www.feelngood.nl, www.feelngood.eu and http://Superstrains.biz - of L.C.M. de Lepper – van Loon trading as Feel’n Good, established in Bladel, hereinafter to be referred to as “Feel’n Good”.
2. The buyer is hereinafter referred to as “the Other Party”.
3. Various provisions in these General Terms and Conditions refer to a natural person who acts outside his trade, business or profession. In these provisions the Other Party is indicated by the term "the Consumer".
4. “Offer” shall mean: any offer from Feel’n Good, whether or not in the form of a written quotation.
5. “In writing” shall mean: by letter, e-mail, fax or any other mode of communication that is regarded as equivalent to writing in view of advances in technology and conventional practices.
6. “The website” shall mean: the websites of Feel’n Good referred to in paragraph 1.
7. "Items" shall mean: items supplied by Feel'n Good including clothing, hats, scarves, stones, statues, seeds, incense, candles etc.
8. The possible invalidity of (any part of) a provision contained in these General Terms and Conditions shall not affect the validity of the remaining provisions.
9. In the event of a discrepancy or conflict between these General Terms and Conditions and a translation hereof, the Dutch text shall prevail.
10. These General Terms and Conditions shall also apply to repeat or part orders flowing from the agreement.
Article 2: Offers, prices
1. Unless a period of validity is stated in/for an offer, this concerns an offer without obligation. Feel’n Good may withdraw this offer within a period of no more than 2 working days after receipt of the acceptance.
2. The prices stated in offers or price lists are exclusive of BTW (Dutch VAT) and possible costs, such as transport costs, shipping costs, administrative costs, handling fees and expense claims of third parties engaged. The BTW amount and any possible costs shall be clearly stated for each item.
3. A composite offer does not oblige Feel’n Good to deliver part of the offered items against a corresponding part of the price.
4. If the offer is based on information provided by the Other Party and this information appears to be incorrect or incomplete or should change at a later date, Feel’n Good may adjust the quoted prices and/or delivery terms.
5. The offer and the prices do not automatically apply to repeat orders.
6. Samples and models that are displayed and/or provided and specifications of colours, dimensions, sizes, weights and other descriptions in brochures, promotional material and/or on the website shall be as accurate as possible but shall only be intended as a guide. The Other Party may derive no rights from these.
7. The samples and models provided shall remain the property of Feel’n Good and are returned to Feel'n Good immediately on their request at the expense of the Other Party.
8. a. If (cost) price increasing circumstances occur at the expense of Feel’n Good between concluding the agreement and the execution thereof, due to legislation and regulations, government measures, currency fluctuations or price changes of the required materials or raw materials, Feel’n Good may increase the agreed prices accordingly and charge these to the Other Party.
b. In the case of price increases within 3 months after the agreement was concluded, the Consumer may terminate the agreement by means of a written statement. Unless the Consumer notifies Feel’n Good within 14 days after the price change was announced that he wants to use his right of termination, Feel’n Good may assume that the Consumer agreed to the change.
Article 3: Establishing agreements
1. The agreement is established after the Other Party has accepted the offer of Feel’n Good, also if this acceptance deviates on secondary issues from this offer. However, when the acceptance shall deviate in essential aspects, the agreement shall only be concluded after Feel’n Good has explicitly agreed with these deviations in writing.
2. Feel’n Good shall only be bound to:
a. an order without prior offer thereto;
b. oral agreements;
c. additions to or changes of the General Terms and Conditions or agreement;
after written confirmation to the Other Party or as soon as Feel’n Good - without objection of the Other Party - has started the performance of the order or arrangements.
3. Unless indicated otherwise on the website, Feel'n Good shall only be bound to an order via the website after they have confirmed the order in writing to the Other Party – whether or not via an automatic message.
Article 4: Distance purchasing: reflection period, right of termination
1. This Article exclusively applies to the Consumer for distance purchasing in the sense of Article 6:230g paragraph 1 of the Netherlands Civil Code.
2. In the case of distance purchasing the Consumer has a reflection period. During this reflection period, the Consumer can terminate the agreement without stating any reasons.
3. The reflection period referred to in the previous paragraph is 14 calendar days from the day the Consumer or a party appointed by him (not being the transport company):
a. received the item;
b. received the last item, if the Consumer ordered several items in one order and these items are delivered separately;
c. received the last shipment or the last part, if the delivery of one item is made in various shipments/parts;
d. received the first item for an agreement relating to the regular delivery of items during a certain period.
4. Termination shall take place by a written notification from the Consumer to Feel'n Good, whether or not by using a standard form made available by Feel'n Good.
5. Termination in accordance with the previous paragraphs shall also terminate any additional agreements by operation of law.
6. The Consumer has no right of termination in case of delivery of:
a. specific, customised consumer items or items which are clearly intended for a specific person;
b. items which are not suitable for return due to health protection or hygiene reasons and which have become unsealed after delivery;
c. items which are, after delivery, according to their nature, inseparably mixed with other items.
7. In the event that the Consumer wishes to return the delivered item as it does not comply with what the parties had agreed on, the provisions of this complaints article apply.
Article 5: Distance purchasing: return, reimbursement
1. Unless Feel'n Good personally collects the delivered items or has these collected on their behalf, the Consumer must immediately return the items - but in any case within 14 days after termination - in their original packaging, unused, and at his own expense and risk, to Feel'n Good or a third party authorised by Feel'n Good.
2. Within 14 calendar days of termination, Feel'n Good pays back all amounts received from the Consumer - within the framework of the agreement in question - in the same manner and in the same currency used by the Consumer.
3. Feel'n Good is not obliged to reimburse any additional costs incurred because the Consumer has explicitly chosen a different type of delivery than the least expensive type of standard delivery offered by Feel'n Good.
4. Unless Feel'n Good personally collects the items after termination, the Consumer may not claim reimbursement until after Feel'n Good have received the return delivery of the items or the Consumer has demonstrated that the items were returned by him, whichever comes first.
5. Feel'n Good may refuse items that have been returned or pay back only some of the payments received from the Consumer, in the event that the items are not in their original packaging, have been treated, used (more than necessary to establish the nature, characteristics and functioning of the item) and/or damaged. Feel'n Good shall inform the Consumer accordingly immediately after receipt of the items.
6. The Consumer is liable for the reduction in value of the item when he handled the item in excess of what is necessary to establish the nature, characteristics and functioning of the item.
7. The Consumer shall never be liable nor shall he owe any costs for the mere fact that he exercises his right to terminate.
Article 6: Engaging third parties
If Feel’n Good deems this necessary, it shall have the right to have specific deliveries carried out by third parties.
Article 7: Obligations of the Other Party
1. The Other Party ensures that it shall make all information required for the execution of the agreement available to Feel’n Good in time and in the manner required by them, and that the information is correct and complete.
2. The Other Party may only sell on items delivered by Feel’n Good in the original packaging from Feel’n Good or its supplier. The Other Party may make no changes to the original packaging and shall prevent any damage.
3. If the above obligations are not fulfilled (on time), Feel’n Good may suspend the execution of the agreement until the Other Party has fulfilled his obligations. The costs and the other consequences arising from this shall be at the expense and risk of the Other Party.
4. If the Other Party does not fulfil his obligations and Feel’n Good does not require immediate compliance, this will not affect the right of Feel’n Good to require compliance at a later date.
Article 8: Confidential information
1. Feel'n Good shall maintain secrecy of all information obtained in the context of concluding and executing the agreement of or about the Other Party. Feel'n Good shall only provide this information to third parties insofar as this is necessary for the execution of the agreement.
2. Feel'n Good shall take every reasonable precautionary measure in order to maintain secrecy of this information. This duty of secrecy also applies to their employees and any third parties which are involved in the execution of the agreement under their responsibility.
3. The duty of secrecy shall not apply if Feel'n Good must disclose the confidential information due to legislation or a court order and cannot rely on a legal non-disclosure right or one granted by a court. This exception also applies to employees and other persons referred to in the previous paragraph.
Article 9: Delivery, delivery terms
1. The agreed terms shall never be final deadlines. If Feel’n Good fails to meet their obligations (on time), the Other Party must give notice of default to them and grant reasonable time to meet these obligations at a later date.
2. An agreed term will take effect at the moment that Feel’n Good has received all information required for the delivery and the possible agreed (advance) payment of the Other Party. If delay arises from this, the term shall be extended accordingly.
3. Feel’n Good may deliver in parts and invoice each part delivery separately.
4. The risk of items to be delivered transfers to the Other Party the moment these leave Feel'n Good's premises or warehouse or Feel’n Good informed him that the items are ready for collection.
5. Dispatch or transport of the items shall take place at the expense and risk of the Other Party in a manner to be decided by Feel’n Good. Feel’n Good is not liable for any damage of whatever nature that is related to the dispatch or the transport.
6. Unless parties agree on another term, deliveries to the Consumer will be carried out within a period of up to 30 days after concluding the agreement. In this case the risk will transfer to the Consumer the moment the items are physically available to him/a third party appointed by him (not being the transporter). If the Consumer appoints the transporter himself (not being a transporter suggested by Feel’n Good), the risk transfers to him on receipt of the goods by this transporter. Dispatch or transport is at the expense of the Consumer.
7. If it appears impossible, due to a cause within the risk area of the Other Party, to deliver the items ordered (in the agreed manner) to the Other Party, or if these are not collected, Feel’n Good may store the items at the expense and risk of the Other Party. The Other Party will give Feel’n Good the opportunity to deliver the items or collect these within a reasonable period set by Feel’n Good.
8. If the Other Party still fails to meet its purchase obligation after the aforementioned reasonable period, it shall be immediately in default. Feel’n Good may then, either fully or partially, terminate the agreement with immediate effect by means of a written statement and sell the items to third parties without being obliged to pay compensation for damages, costs or interest. This does not affect the obligation of the Other Party to compensate for any (storage) costs, damage or loss of profits of Feel’n Good and/or the right of Feel’n Good to demand compliance at a later date.
Article 10: Packaging
1. Packaging that is designated to be used several times shall remain the property of Feel’n Good and may not be used by the Other Party for any purpose other than for which it is designated.
2. Feel’n Good determines whether the Other Party must return packaging or whether they will collect this herself and at whose expense the latter is carried out.
3. Feel’n Good may charge a returnable deposit for this packaging to the Other Party. If the packaging is returned by the Other Party for free within the term agreed, Feel’n Good shall take back the packaging. The returnable deposit will be paid back to the Other Party or set off against returnable deposits for the packaging of subsequent deliveries. Feel’n Good may deduct 10% handling costs on the amount to be paid back or set off.
4. If the packaging is damaged, incomplete or has been destructed, the Other Party shall be liable for the damage and its entitlement to a repayment of the returnable deposit shall lapse. If this damage is higher than the returnable deposit charged, Feel’n Good shall not have to take back the packaging. They may then charge it to the Other Party at cost price, less the returnable deposit paid by the Other Party.
5. Packaging for single use may be left at the Other Party’s. Possible costs for removal shall be at the expense of the Other Party.
Article 11: Complaints
1. The Other Party shall check the delivered items immediately on receipt and state any visible failures, defects, damage and/or anomalies in numbers, types or sizes etc. on the consignment note or accompanying note or, in their absence, reports these to Feel’n Good in writing within 2 working days. If such complaints are not reported in a timely manner, the items are deemed to have been received in good order and to conform with the agreement.
2. Other complaints are reported to Feel’n Good by the Other Party in writing immediately after discovery, but no later than within the agreed guarantee period. The Other Party shall bear all risks of failing to report directly. If no guarantee period has been agreed, the period of one year following delivery shall apply.
3. If a complaint is not reported in a timely manner, it is not possible to make a claim under the agreed guarantee.
4. If the ordered items can only be delivered in (wholesale) packaging Feel’n Good has in stock or in minimum quantities or numbers, the items may show slight anomalies that are acceptable in the industry, as regards stated weights, quantities, colours and sizes. These anomalies are not classed as shortcomings on the part of Feel’n Good and claims under the guarantee regarding these shall not be possible.
5. Complaints shall not suspend the Other Party’s payment obligations.
6. The previous paragraph does not apply to the consumer.
7. The Other Party shall give Feel’n Good the opportunity to investigate the complaint and provide all relevant information. If it is necessary for the items to be returned for investigation, this will be at the expense of the Other Party, unless the complaint proves to be justified. The transport risk will always be borne by the Other Party.
8. Returning the items shall take place in a manner to be determined by Feel’n Good and in the original packaging or deposit packaging.
9. No complaints can be lodged about:
a. imperfections in or characteristics of items produced from natural materials, if these imperfections or characteristics are inherent to the nature of the materials;
b. discolourations and small colour deviations;
c. differences in scent;
d. items that have changed in nature and/or composition or that have been fully or partially treated or processed after receipt.
Article 12: Guarantees
1. Feel’n Good shall execute the deliveries in a proper manner and in accordance with standards applicable in the industry, but shall never provide a more extensive guarantee than has been agreed.
2. Feel’n Good shall be responsible during the guarantee period for the usual quality and reliability of the items delivered.
3. If the manufacturer or supplier provides a warranty for the items delivered by Feel’n Good, this warranty applies in the same manner between the parties. Feel’n Good shall inform the Other Party in this regard.
4. If the purpose for which the Other Party wishes to treat, process or use the items differs from the customary use of these items, Feel’n Good shall only guarantee that the items are suitable for this if it has confirmed so in writing to the Other Party.
5. No claim can be made under the guarantee until the Other Party has paid the price agreed for the items.
6. The previous paragraph does not apply to the Consumer.
7. The items delivered by Feel'n Good meet the legislation and regulations applicable in the EU for these items. Feel'n Good do not guarantee that the items also meet all legislation and regulations outside the EU. The Other Party is fully liable for all damage suffered by it as a result of the use of the items outside the EU and shall indemnify Feel'n Good explicitly against all possible claims from third parties that arise from it.
8. Additionally, Feel'n Good strongly advise the Other Party only to use the delivered items in accordance with the legislation and regulations applicable in the concerned country for this use, and assume that these items shall not be used for activities that are not tolerated according to said legislation and regulations. The Other Party is fully liable for all damage suffered by it as a result of the use of the items for the said activities that are not tolerated and shall indemnify Feel'n Good explicitly against all possible claims from third parties that arise from it.
9. Feel'n Good cannot guarantee that all products delivered shall germinate, nor that they shall not germinate early.
10. In the case of a justified claim under the guarantee Feel’n Good will arrange - at their discretion - for a repair or replacement of the items free of charge or a repayment or discount on the agreed price. If there is any additional damage, the provisions set out in the Liability Article shall apply.
11. The Consumer may always opt for repair or replacement of items free of charge, unless this may, in all reasonableness, not be demanded from Feel’n Good. In the latter case the Consumer may terminate the agreement by means of a written statement or demand a discount on the agreed price.
Article 13: Liability
1. Feel’n Good shall accept no liability other than the guarantees explicitly agreed or given by Feel’n Good.
2. Feel’n Good is only liable for direct damage. Any liability for consequential damage such as trading losses, loss of earnings and/or losses sustained, damage caused by delay and/or personal or bodily injury shall be expressly excluded.
3. The Other Party takes all measures needed to prevent or limit the damage.
4. If Feel’n Good is liable, the liability for compensation shall at all times be restricted to the maximum amount paid by the insurer where appropriate. If the insurer does not pay or if the damage is not covered by the insurance taken out by Feel’n Good, the liability for compensation shall be limited to the invoice amount of the delivered items.
5. The Other Party must sue Feel’n Good for any damage suffered by him within 6 months after he became or could have become aware of it.
6. Contrary to the previous paragraph, a period of 1 year applies to the Consumer.
7. Feel’n Good is not liable - and the Other Party cannot make a claim under the applicable guarantee - if the damage has arisen due to:
a. improper use, use contrary to the purpose for which the items delivered were intended or use contrary to the directions, advice, operating instructions, leaflets, etc. provided by or on behalf of Feel’n Good;
b. incompetent safekeeping (storage) or maintenance of the items;
c. errors or incompletenesses in the information provided to Feel’n Good by or on behalf of the Other Party;
d. instructions or directions from/on behalf of the Other Party;
e. or due to a choice of the Other Party, which deviates from Feel'n Good’s advice and/or what is customary;
f. use in violation of applicable legislation;
g. governmental action;
h. or due to the fact that the Other Party or third parties on his behalf carried out (repair) work or adjustments to the delivered items, without the explicit prior permission from Feel’n Good.
8. The Other Party is fully liable for all damage arising from this in all cases listed in the previous paragraph, and indemnifies Feel’n Good against any claims from third parties.
9. The limitations of the liability stated in this article shall not apply if the damage is due to intent and/or willful recklessness by Feel’n Good or its supervisory staff on a management level or if mandatory legal provisions oppose this. Only in these cases shall Feel’n Good indemnify the Other Party against any third party claims.
Article 14: Payment
1. Feel’n Good may require (partial) advance payment or other security for payment at all times. The required advance payment for the Consumer is a maximum of 50% of the agreed price.
2. For orders placed via the website, payment is made in the manner indicated on the website, unless the parties agree otherwise in writing.
3. Payment must take place within an expiry period of 30 days after the invoice date, unless parties have agreed a different payment term in writing. The invoice shall be considered correct if no objections have been made within the payment term.
4. If an invoice is not fully paid after expiry of the term referred to in the previous paragraph or if it was not possible to pay the amount by direct debit, the Other Party is due to Feel’n Good a default interest of 2% per month, to be calculated cumulatively over the principal sum. Parts of a month are computed as a full month.
5. In the aforementioned situation a default interest of 6% on an annual basis applies to the Consumer, unless the statutory interest is higher. In this case the statutory interest applies.
6. If payment is not forthcoming after notice was given, Feel’n Good may charge the extrajudicial collection costs to the Other Party at 15% of the invoice amount with a minimum of € 100.00. Consumers are charged a minimum of € 40.00.
7. In the above-mentioned notice, Feel’n Good shall give the Consumer a term of at least 15 days to make a payment. If payment is again not forthcoming, the extrajudicial collection costs for the Consumer will be:
a. fifteen percent of the amount of the principal sum for the first € 2,500.00 of the demand (with a minimum of € 40,00);
b. ten percent of the amount of the principal sum over the next € 2,500.00 of the demand;
c. five percent of the amount of the principal sum over the next € 5,000.00 of the demand;
d. one percent of the amount of the principal sum over the next € 190,000.00 of the demand;
e. half a percent of the surplus of the principal sum.
All this with an absolute maximum of € 6,775.00.
8. For the calculation of the extrajudicial collections costs Feel’n Good may, after 1 year, increase the principal amount by the default interest accrued in that year.
9. In the absence of full payment, Feel’n Good may terminate the agreement without further notice of default by a written statement or to suspend their obligations under the agreement until payment is received or provided appropriate security. Feel’n Good shall also have the aforementioned right of suspension if it has legitimate grounds to doubt the Other Party’s/the Consumer creditworthiness even before the Other Party/the Consumer enters into default regarding payment.
10. Feel’n Good will initially deduct payments received from all interest and costs due and subsequently from invoices which have been due and payable the longest, unless the payment is accompanied by a written statement that it refers to a later invoice.
11. The Other Party may not deduct any claims of Feel’n Good from any reclamations that it has on Feel’n Good. The aforesaid also applies if the Other Party applies for a (temporary) suspension of payment or is declared bankrupt.
12. The previous paragraph does not apply to the consumer.
Article 15: Retention of title
1. All items supplied/to be supplied under the Agreement shall remain the property of Feel’n Good until the Other Party has met all its payments obligations.
2. These payment obligations consist of payment of the purchase price of the items, increased by claims relating to work performed in connection with that delivery and claims due to shortcomings attributable to the Other Party, including payment of damages, extrajudicial collection costs, interest and possible penalties.
3. On the delivery of identical, non-individualized items, the consignment relating to the oldest invoice shall be considered to have been sold first. Therefore, retention of title always remains with the items delivered that are still in stock, in the shop and/or form a part of the inventory and equipment of the Other Party on invoking retention of title.
4. The Other Party may resell the items during his normal business operations, provided he stipulates that his customers recognize an identical retention of title on these items.
5. As long as the title is retained in the items, the Other Party may not pledge the items in any manner or bring items under the actual control of a financier.
6. The Other Party informs Feel’n Good immediately in writing if third parties claim to have ownership or other rights to the items.
7. As long as the Other Party holds the items, it shall carefully store them as identifiable property of Feel’n Good.
8. The Other Party arranges a business interruption or home contents insurance to ensure that the items delivered which are subject to retention of title are included in the policy. It shall allow Feel'n Good inspection of the insurance policy and the respective premium payment receipts on their demand.
9. If the Other Party contravenes this article or if Feel’n Good claims retention of title, Feel’n Good and their employees may enter the Other Party's site and take possession of the items. This does not affect Feel'n Good's right to compensation of damage, lost profit and interest and the right to terminate the agreement without any notice of default by a written statement.
Article 16: Bankruptcy, loss of power to dispose of property, etc.
1. Feel’n Good may terminate the agreement without any notice of default by a written statement to the Other Party, at the time when the Other Party:
a. is declared bankrupt or files for bankruptcy;
b. applies for (temporary) suspension of payment;
c. is affected by enforceable seizure;
d. is placed under guardianship or judicial supervision; otherwise loses the power to dispose of its property or loses legal capacity regarding (parts of) its assets.
2. The Other Party shall always inform the guardian or administrator of the (contents of the) agreement and these General Terms and Conditions.
1. In the event of force majeure of the Other Party or Feel’n Good, the latter may terminate the agreement by means of a written statement to the Other Party or suspend compliance with his obligations towards the Other Party for a reasonable term without being obliged to pay any compensation.
2. Force majeure with respect to Feel’n Good shall include: a non-culpable shortcoming by Feel’n Good, a non-culpable shortcoming of third parties or suppliers engaged by Feel’n Good or other serious grounds on their part.
3. In any case force majeure applies to Feel’n Good in the following circumstances: war, revolt, mobilization, riots at home and abroad, government measures, strikes within the company of Feel’n Good or a threat of these and other circumstances, disruption of existing exchange rates at the time the agreement was concluded, operational failures due to fire, burglary, sabotage, power failure, internet or telephone failures or activities of cyber criminals causing the website not to be (fully) available, natural phenomena, (natural) disasters and suchlike, as well as transport problems and delivery problems arisen from weather conditions, roadblocks, accidents, and import and export hindering measures.
4. If force majeure occurs when only part of the agreement has been executed, the Other Party shall be obliged to fulfill its obligations towards Feel’n Good until that moment.
1. This Article is not applicable to termination within the legal reflection period as referred to in Article 4.
2. If the Other Party wishes to cancel the agreement prior to or during the execution thereof, Feel’n Good may require fixed damages from the Other Party to cover all expenses incurred and damage suffered due to termination, including any lost profit. At the option of Feel’n Good and dependent on all deliveries made, these damages shall amount to 20 to 100% of the agreed price.
3. The Other Party shall indemnify Feel’n Good against any third-party claims resulting from the cancellation.
4. Feel’n Good may set off the damages due against all amounts already paid by the Other Party and possible counterclaims from the Other Party.
5. Should the execution of deliveries be suspended at the request of the Other Party, the costs incurred for the deliveries that are carried out, shall be immediately due and payable and Feel’n Good will have the right to charge these to the Other Party. This also applies to all costs incurred or costs resulting from the suspension.
6. Costs Feel’n Good incurs as a result of resumed deliveries, are at the expense of the Other Party. If the execution of the agreement cannot be resumed after the suspension, Feel’n Good may terminate the agreement by means of a written statement to the Other Party.
1. The agreement concluded between the Parties is exclusively governed by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
3. Any disputes will be submitted to the competent court in the place where Feel’n Good is established, although Feel’n Good shall always retain the right to submit a dispute to the competent court in the place where the Other Party is established.
4. Irrespective of the choice of Feel’n Good, the Consumer will always retain the right to submit the dispute before the legally competent court. The Consumer must notify his choice to Feel’n Good within a month after receipt of the summons.
the Other Party is established outside the
Date: June 8, 2017