General Terms and Conditions

These are the general terms and conditions of Essenvia Life, a company registered in Amstelveen under Chamber of Commerce number 95424075. For questions, you can contact us via email at care@essenvia.eu or by telephone at +31 6 22392485.

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 – Obligations of the Consumer during the Cooling-off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of the Entrepreneur in case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Continuing Contracts: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Applicable Law and Disputes
Article 18 – Personal Data
Article 19 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.
Cooling-off period: the period during which the consumer can make use of their right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Continuing contract: an agreement relating to the regular delivery of goods, services and/or digital content during a certain period.
Durable medium: any tool (including email) that enables the consumer or entrepreneur to store information personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the party acting in the exercise of their trade, business, or profession.
Distance contract: an agreement 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 up to and including the conclusion of the contract exclusive or partial use is made of one or more techniques for distance communication.
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. This form need not be provided if the consumer does not have a right of withdrawal.
Technique for distance communication: any means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Name: Essenvia Life
Trade name: Essenvia Life
Business address: Penningweg 34E, 4879 AG Etten-Leur, The Netherlands
Telephone number: +31 6 22392485
Opening hours: Monday to Friday, 08:30 – 17:30 (reachable via email or WhatsApp)
Email address: care@essenvia.eu
Chamber of Commerce (KvK) number: 95424075
VAT number: NL005152118B18

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before concluding a distance contract, 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 conclusion of the contract how the terms and conditions can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not possible, it will be indicated where the terms can be viewed electronically and that they will be sent free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly. In case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated.

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 assessment. If the entrepreneur uses illustrations, these are a truthful representation. Obvious mistakes or errors do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until receipt has been confirmed, the consumer may dissolve the agreement.

When the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer pays electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant for a responsible conclusion of the agreement. If the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions.

Upon delivery, the consumer will receive in writing or on a durable medium:

The entrepreneur’s address for complaints
Information about the right of withdrawal or its exclusion
Information about guarantees and after-sales service
The total price including taxes and delivery costs
The method of payment, delivery and performance
The conditions for termination if the agreement has a duration of more than one year or indefinite duration
Where applicable: the model withdrawal form

For continuous transactions, this applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:
The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide it.

The cooling-off period 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:

In the case of multiple products in one order: the day on which the consumer or a designated third party has received the last product.
In the case of delivery in multiple shipments or parts: the day on which the last shipment or part is received.
In the case of agreements for regular delivery during a certain period: the day on which the consumer or a designated third party receives the first product.

For services and digital content not supplied on a tangible medium:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of 14 days without giving any reason.

The cooling-off period commences on the day following the conclusion of the agreement.

Extended cooling-off period in case of missing information:
If the entrepreneur has not provided the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period shall expire 12 months after the end of the original cooling-off period.

If the entrepreneur provides the required information within 12 months, the cooling-off period expires 14 days after the day on which the consumer receives that information.

Article 7 – Obligations of the Consumer during the Cooling-off Period

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The consumer may only handle and inspect the product as they would be allowed to do in a physical store.

The consumer is liable for any decrease in value of the product resulting from handling the product beyond what is permitted.

The consumer is not liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal prior to or at the time of conclusion of the agreement.

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

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period using the model withdrawal form or by another unequivocal statement.

The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1. This is not required if the entrepreneur has offered to collect the product. The consumer has returned the product on time if it is sent back before the end of the 14-day period.

The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product, unless the entrepreneur has stated otherwise or has offered to bear these costs.

If the consumer has requested the provision of a service or the supply of gas, water, or electricity not prepared for sale in a limited volume or quantity during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal.

The consumer shall not bear any costs for the performance of services or the supply of gas, water, electricity, or district heating if:

the entrepreneur has not provided the legally required information about the right of withdrawal, reimbursement of costs, or the model withdrawal form; or
the consumer has not expressly requested the commencement of performance during the cooling-off period.

The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

prior to delivery, the consumer has not expressly consented to commencement of performance before the end of the cooling-off period;
the consumer has not acknowledged losing their right of withdrawal by giving consent; or
the entrepreneur has failed to confirm this acknowledgment.

If the consumer exercises the right of withdrawal, any additional agreements shall be terminated by operation of law.

Article 9 – Obligations of the Entrepreneur in case of Withdrawal

If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, the entrepreneur shall immediately send an acknowledgment of receipt.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs, without undue delay and within 14 days after the day on which the consumer notifies the entrepreneur of withdrawal. Unless the entrepreneur has offered to collect the product, reimbursement may be withheld until the entrepreneur has received the product or until the consumer has supplied proof of return, whichever is earlier.

The entrepreneur shall use the same payment method for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following from the right of withdrawal, provided this was clearly stated in the offer and prior to conclusion of the agreement:

Products or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period.
Agreements concluded at a public auction.
Service contracts after full performance of the service, but only if:

performance began with the consumer’s express prior consent, and
the consumer acknowledged losing the right of withdrawal once the entrepreneur has fully performed the contract.

Package holidays and passenger transport.
Service contracts relating to accommodation, transport, car rental, catering, or leisure activities on a specific date or period.
Contracts relating to leisure activities with a specific execution date or period.
Custom-made products manufactured according to the consumer’s specifications.
Products that spoil quickly or have a limited shelf life.
Sealed products not suitable for return for health or hygiene reasons and whose seal has been broken after delivery.
Products that, after delivery, are inseparably mixed with other products.
Alcoholic beverages where the price was agreed at conclusion but delivery is only after 30 days and depends on market fluctuations beyond the entrepreneur’s control.
Sealed audio or video recordings and computer software once the seal has been broken.
Newspapers, magazines, or journals, except subscriptions.
Digital content not supplied on a physical medium, if:

performance began with the consumer’s express prior consent, and
the consumer acknowledged losing the right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, prices of offered products and/or services will not be increased, except for changes due to VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control. Such offers will state that prices are indicative.

Price increases within 3 months after conclusion of the agreement are permitted only if they are due to statutory regulations or provisions.

Price increases after 3 months are permitted only if agreed and:

they result from statutory regulations or provisions, or
the consumer has the right to terminate the agreement as of the date the increase takes effect.

Prices mentioned in the offer include VAT.

Article 12 – Performance and Additional Guarantee

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications in the offer, the reasonable requirements of soundness and/or usability, and legal provisions and government regulations existing at the time of conclusion.

If agreed, the entrepreneur also warrants that the product is suitable for purposes other than normal use.

Any additional guarantee provided by the entrepreneur, supplier, manufacturer, or importer never limits the legal rights and claims the consumer may assert against the entrepreneur if the entrepreneur has failed to fulfill their obligations.

“Additional guarantee” means any commitment by the entrepreneur, supplier, importer, or manufacturer in which the consumer is granted rights or claims beyond what they are legally obliged to provide if the entrepreneur fails to fulfill their part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests for services.

The place of delivery is the address provided by the consumer to the entrepreneur. If the address provided is incorrect and the package is returned, the purchase amount will be refunded minus €3.99 return costs.

Subject to Article 4, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a longer delivery period is agreed. If delivery is delayed or an order cannot be executed (in full), the consumer will be notified within 30 days of placing the order. The consumer then has the right to dissolve the agreement free of charge and may be entitled to compensation.

Upon dissolution under the previous paragraph, the entrepreneur shall promptly refund the amount paid.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or their designated representative, unless expressly agreed otherwise.

If the consumer chooses delivery to a pickup point and does not collect the package within 7 days, the purchase amount will be refunded minus €3.99 return costs.

If standard delivery is chosen and delivery fails on the first attempt, after which the package is redirected to a pickup point, a 7-day collection period applies. If not collected within this period, the purchase amount will be refunded minus €3.99 return costs.

Article 14 – Continuing Contracts: Duration, Termination and Renewal

Termination:

The consumer may terminate an indefinite-term agreement for regular delivery of products (including electricity) or services at any time, observing a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for regular delivery of products or services at the end of the fixed term, observing a notice period of no more than one month.
The consumer may:

terminate at any time, without being restricted to termination at a specific time or in a specific period;
terminate in the same manner as the agreement was entered into;
always terminate with the same notice period that the entrepreneur has for themselves.

Renewal:

A fixed-term agreement for regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, a fixed-term agreement for regular delivery of newspapers, journals, or magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate at the end of the renewal with one month’s notice.
A fixed-term agreement for regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of one month (three months for agreements involving delivery less than once a month).
Trial or introductory subscriptions for newspapers, journals, or magazines are not tacitly renewed and end automatically.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with one month’s notice, unless termination before the end of the agreed duration would be unreasonable or unfair.

Article 15 – Payment

Unless otherwise stated, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if no cooling-off period applies, within 14 days after conclusion of the agreement. In the case of a service agreement, this period begins on the day the consumer receives the confirmation.

In the sale of products, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) until the advance has been paid.

The consumer is obliged to promptly report inaccuracies in provided or stated payment details.

If the consumer fails to meet their payment obligation(s) on time, after being reminded by the entrepreneur and granted 14 days to still fulfill their obligations, statutory interest will be charged on the outstanding amount. The entrepreneur is also entitled to charge extrajudicial collection costs. These costs amount to a maximum of:

15% of outstanding amounts up to €2,500;
10% of the next €2,500;
5% of the next €5,000;
with a minimum of €40.

The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with it.

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.

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 settlement procedure.

Article 17 – Applicable Law and Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad or if the performance takes place wholly or partly abroad.

Disputes between the consumer and the entrepreneur shall be submitted exclusively to the competent court in the district of Noord-Holland, location Amstelveen.

Article 18 – Personal Data

We process your personal data for various purposes, including:

Contacting you regarding questions or complaints;
Processing orders, including preparing quotations and agreements;
Informing you about changes in our products or services;
Executing deliveries and fulfilling contractual obligations.

In addition, we may process your data to:

Send newsletters, SMS messages, general or personalized offers, or invite you to customer surveys, provided you have given consent;
Enable you to create and manage an account on our website and post reviews;
Prevent fraud and ensure the security of transactions.

All our data processing is based on our legitimate interest to process personal data efficiently and securely.

Article 19 – Additional or Deviating Provisions

Additional or deviating provisions 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 medium.