Table of Contents: Article 1 – Definitions Article 2 – Identity of the entrepreneur Article 3 – Applicability Article 4 – The offer Article 5 – The agreement Article 6 – Right of withdrawal Article 7 – Costs in case of withdrawal Article 8 – The price Article 9 – Conformity and warranty Article 10 – Delivery and execution Article 11 – Payment Article 12 – Complaints procedure Article 13 – Disputes Article 14 – Additional or deviating provisions

Article 1 | Definitions In these terms and conditions, the following terms are understood to mean:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Long-term transaction: a distance contract relating to a series of products and/or services, the performance of which is spread over time; Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form made available by the entrepreneur that the consumer can fill in when he wishes to exercise his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively or partially using one or more means of distance communication; Means of distance communication: any means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 | Identity of the entrepreneur:

The Bright Side Story
Groote Wielenlaan 388
5245 AZ Rosmalen

Email address: info@santedcollective.com
Chamber of Commerce number: 73654035
VAT identification number: NL002301588B34

Article 3 | Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to any distance agreement and orders concluded between the entrepreneur and the consumer. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed by the consumer at the entrepreneur’s premises, and they will be sent to the consumer free of charge upon request as soon as possible. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the consumer can access the general terms and conditions electronically, and that they will be sent to the consumer electronically or by other means free of charge upon request. In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are null and void or are declared void at any time, the agreement and these terms and conditions shall remain in effect for the remainder, and the relevant provision shall be replaced by a provision that approximates the intent of the original provision as closely as possible, by mutual agreement and without delay. Matters not governed by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 | The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indications and cannot give rise to any claim for damages or termination of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer provides information in such a way that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly includes:
    – the price including taxes; any shipping costs;
    – the method by which the agreement will be concluded and the necessary steps for that;
    – whether or not the right of withdrawal applies;
    – the method of payment, delivery, and performance of the agreement;
    – the period within which the offer can be accepted or the period during which the entrepreneur guarantees the price;
    – the amount of the remote communication tariff if the costs for using remote communication technology are calculated on a basis other than the regular base rate for the communication medium used;
    – whether the agreement will be archived after it is concluded, and if so, how the consumer can access it;
    – how the consumer can review and, if necessary, correct the information provided by them in the context of the agreement before its conclusion;
    – any other languages in which the agreement can be concluded, in addition to Dutch; the codes of conduct to which the entrepreneur subscribes and how the consumer can consult these codes of conduct electronically;
    – and the minimum duration of the distance agreement in the case of a continuing transaction.

Article 5 | The Agreement

  1. The agreement, subject to the provisions of clause 4, is concluded at the moment of acceptance by the consumer of the offer and fulfillment of the specified conditions.
  2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
  4. The entrepreneur, within the legal framework, may ascertain whether the consumer can meet his payment obligations, as well as any facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has reasonable grounds not to enter into the agreement, he is entitled to refuse an order or application with reasons, or to attach special conditions to its execution.
  5. The entrepreneur shall include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
  6. The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  7. 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;
  8. Information about guarantees and existing after-sales services;
  9. The data mentioned in article 4, clause 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
  10. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a continuous performance contract, the provision in the previous clause applies only to the first delivery.
  12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

Article 6 | Right of Withdrawal for Product Deliveries:

  1. 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 or a designated representative, notified in advance to the entrepreneur, has received the product.
  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it.
  3. If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur, including all accessories provided and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer shall make this notification using the model withdrawal form or any other means of communication, such as email. After notifying the entrepreneur of their intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by means of a proof of shipment. If the consumer has not notified the entrepreneur of their intent to exercise the right of withdrawal within the periods specified in clauses 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 | Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
  2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional upon the product having already been received by the online retailer or upon the provision of conclusive evidence of complete return shipment. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
  3. If the product is damaged due to the consumer’s careless handling, the consumer shall be liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal prior to the conclusion of the purchase agreement. This information must be provided before the purchase agreement is finalized.

Article 8 | The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any stated prices are indicative shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 
  5. they are the result of legal regulations or provisions; or
  6. the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 | Conformity and Warranty

  1.  The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. Any warranty provided by the entrepreneur does not affect the consumer’s legal rights and claims based on the agreement against the entrepreneur.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery.
  4. The products must be returned in their original packaging and in new condition. The warranty does not apply if the delivered products have been exposed to abnormal conditions, mishandled, or used contrary to the instructions provided by the entrepreneur and/or indicated on the packaging.

Article 10 | Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products.
  2. The place of delivery shall be the address communicated by the consumer to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days from the date of placing the order. In such cases, the consumer has the right to terminate the agreement without any costs. The consumer is not entitled to any compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to any compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
  6. 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, previously communicated to and known by the entrepreneur, unless expressly agreed otherwise.

Article 11 | Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
  2. The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
 

Article 12 | Complaints procedure

  1. The entrepreneur has a properly publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 2 months after the consumer has identified the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
  4. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
  5. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  6. In the event of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European Online Dispute Resolution platform (http://ec.europa.eu/odr). A complaint does not
  7. suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  8. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its own discretion, either replace or repair the delivered products free of charge.

Article 13 | Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer is residing abroad. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 14 | Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Annex 1 | Model Withdrawal Form

(fill in and return this form only if you wish to withdraw from the agreement)

To: The Bright Side Story Groote Wielenlaan 388 5245AZ Rosmalen info@santedcollective.com +31 6 27841482

I/We () hereby give notice of my/our () withdrawal from the contract regarding the sale of the following goods/provision of the following service (*): Ordered on (DD-MM-YYYY):

Order number: Received on (DD-MM-YYYY): Name(s) of consumer(s): Address of consumer(s): IBAN bank account number:

Signature of consumer(s) (only if this form is submitted on paper):

Date (DD-MM-YYYY): (*) Delete as appropriate.