Terms & Conditions

Formulachewies – Terms & Conditions

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 – Exclusion of the Right of Withdrawal
  • Article 9 – Price
  • Article 10 – Conformity and Warranty
  • Article 11 – Delivery and Performance
  • Article 12 – Long-Term Transactions: Duration, Termination, and Extension
  • Article 13 – Payment
  • Article 14 – Complaints Procedure
  • Article 15 – Disputes
  • Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Reflection period: the period in which the consumer can exercise the right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract concerning a series of products and/or services, with delivery and/or performance obligations spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unchanged reproduction;
  6. Right of withdrawal: the consumer’s ability to revoke the distance contract within the reflection period;
  7. Model form: the standard withdrawal form provided by the entrepreneur that the consumer can complete to exercise the right of withdrawal;
  8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  9. Distance contract: a contract concluded as part of a system organized by the entrepreneur for the remote sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract;
  10. Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place;
  11. Terms & Conditions: these Terms & Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Formulachewies
Esdoornstraat 3
8021 WB Zwolle
06 38515257
info@formulachewies.com

Chamber of Commerce (KvK): 67255337
VAT number: NL001541174B22

Article 3 – Applicability

  • These terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  • For partners (dropship or wholesale), the partner agreement applies.
  • Before a distance contract is concluded, these terms and conditions will be made available to the consumer. If this is reasonably impossible, it will be indicated that the terms and conditions can be inspected at the entrepreneur’s office and will be sent free of charge upon request.
  • If the distance contract is concluded electronically, the terms can be provided electronically in a way that allows the consumer to store them on a durable data carrier.
  • If specific product or service terms also apply, the consumer may rely on the provision most favorable to them.
  • If any provision is void or annulled, the rest of the terms and contract remain in force, and the invalid provision will be replaced to preserve the original intent.
  • Situations not addressed in these terms should be assessed “in the spirit” of these terms.
  • Ambiguities should be interpreted according to the spirit of these terms.

Article 4 – The Offer

  • Offers are without obligation unless stated otherwise.
  • The entrepreneur may adjust or modify offers.
  • Offers contain a complete and accurate description of products/services, with images reflecting the products truthfully.
  • Clear information about rights and obligations is included: price (including taxes), shipping costs, withdrawal rights, payment, delivery, and acceptance terms.

Article 5 – The Agreement

  1. The contract is concluded upon acceptance of the offer by the consumer and fulfillment of the conditions.
  2. Electronic acceptance will be confirmed by the entrepreneur electronically.
  3. The entrepreneur ensures secure electronic data transfer and safe payment methods.
  4. The entrepreneur may check whether the consumer can meet payment obligations and may refuse orders with justified reasons.
  5. The consumer will receive product/service information, including: complaints address, withdrawal instructions, warranty info, and terms for long-term transactions.

Article 6 – Right of Withdrawal

For products:

  • Consumers may withdraw within 14 days without reason.
  • Products must be treated with care and returned with accessories, in original condition/packaging, following instructions.
  • Withdrawal must be notified within 14 days; products must be returned within 14 days after notification.

For services:

  • Consumers may withdraw within at least 14 days from agreement date.
  • Instructions for withdrawal must be followed.

Article 7 – Costs in Case of Withdrawal

  1. Consumers bear only return shipping costs.
  2. Partial returns do not reimburse initial shipping.
  3. Refunds will be made within 14 days after receipt of returned items or proof of return.

Article 8 – Exclusion of the Right of Withdrawal

  • Personalized products or services may be excluded.
  • Exclusions apply for products/services that are perishable, sealed for hygiene, or otherwise non-returnable.

Article 9 – Price

  • Prices are valid for the stated period and include VAT.
  • Prices may vary due to financial market changes or statutory requirements.
  • The entrepreneur is not liable for printing or typographical errors in prices.

Article 10 – Conformity and Warranty

  • Products/services must meet agreement specifications and legal requirements.
  • Manufacturer warranties do not affect statutory consumer rights.
  • Defects must be reported within 4 weeks.
  • Warranty does not cover misuse, modification, or exposure to abnormal conditions.

Article 11 – Delivery and Performance

  • Delivery occurs to the address provided by the consumer.
  • Standard delivery is within 30 days unless otherwise agreed.
  • Risks transfer to the consumer upon delivery.
  • Substitutions will be communicated clearly and returnable under normal withdrawal rules.

Article 12 – Long-Term Transactions: Duration, Termination, and Extension

  • Consumers may terminate indefinite contracts with one month notice.
  • Fixed-term contracts for product/service delivery may not be renewed automatically except in specific cases (e.g., trial subscriptions for up to 3 months).
  • Contracts over one year can be terminated after one year with one month notice.

Article 13 – Payment

  • Payments are due within 7 days unless otherwise agreed.
  • Consumers must report incorrect payment details promptly.
  • Late payment may incur reasonable charges.

Article 14 – Complaints Procedure

  • Complaints must be submitted within 7 days of discovering defects.
  • Entrepreneurs respond within 14 days.
  • Unresolved disputes may be submitted to Stichting WebwinkelKeur or the EU ODR platform.
  • Complaints do not suspend obligations of the entrepreneur unless stated in writing.

Article 15 – Disputes

  • Dutch law applies to all agreements, even if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

  • Any additional or deviating provisions must not disadvantage the consumer and must be documented or stored accessibly on a durable data carrier.