Article 1 – The entrepreneur
Name: Gemini Beanbags B.V.
Address: Gemini 88
Postal code and city: 3769 KX Soesterberg
Chamber of Commerce number: 87861151
VAT number: NL864429162B01
hereinafter referred to as: TERAPY
Article 2 – Definitions
- Supplementary agreement: the agreement concluded between TERAPY and the consumer in connection with the purchase of products or the purchase of services.
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
- Consumer: the natural person who does not act for a purpose related to his trade, business, craft or profession. A consumer is also understood to mean a (legal) person who only uses the products of TERAPY for internal business purposes and does not have the purpose of reselling the products.
- Day: calendar day
- Digital content: data produced and supplied in digital form.
- Durable data carrier: any tool that enables the consumer or entrepreneur to store digitally obtained information in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended.
- EPS: the filling of the beanbag is a product offered by TERAPY.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products, digital content and / or services (at a distance) to consumers.
- Distance contract: an agreement concluded between TERAPY 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 agreement, exclusive or co-use is made of one or more techniques for distance communication.
- Model withdrawal form: the model withdrawal form included in Annex 1 of these general terms and conditions.
- Technique for distance communication: means that can be used to conclude a contract without the consumer and TERAPY having to be in the same room at the same time.
Article 3 – Applicability
- These general terms and conditions apply to all offers, orders and agreements of TERAPY. These general terms and conditions have been filed with the Chamber of Commerce in Amsterdam under number 74375741 and will be sent by us free of charge on request. These general terms and conditions can also be consulted via the internet, see: www.terapy.eu.
- Before a distance contract is concluded with a consumer, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, TERAPY will indicate before the agreement is concluded how the consumer can view these general terms and conditions.
- If the conclusion of the agreement takes place electronically, the text of these general terms and conditions can be made available to the consumer electronically. All this in such a way that the general terms and conditions can be stored in the simplest possible way on a durable data carrier. If this is not reasonably possible, before the agreement is concluded, it will be indicated how the consumer can view these general terms and conditions.
- If, in addition to these general terms and conditions, specific product or service conditions also apply, the provisions of that specific agreement – if this is laid down in writing in those specific terms and conditions – will prevail over the provisions of these general terms and conditions.
- These general terms and conditions can only be deviated from in writing. In the event of a written deviation from these general terms and conditions, all provisions that do not deviate from these general terms and conditions remain in force.
- All rights and claims stipulated in these general terms and conditions and in any further agreements and conditions for the benefit of TERAPY also apply to any intermediaries and other third parties engaged by TERAPY.
Article 4 – The offer
- If the offer has a limited period of validity, is made without obligation or is made subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content and/ or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If TERAPY uses images, it is ensured that they represent as much as possible a true representation of the products, services and / or digital content offered. However, obvious mistakes or errors in the offer do not bind TERAPY. If images do not give true representations of the products, services and / or digital content offered, this will be stated in the offer.
- TERAPY does not guarantee that the color as seen on a computer screen is identical to the color received. This may differ due to the quality of the computer screen or the set color scheme.
- Discount promotions and coupons are not combinable or stackable.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – Formation, duration and termination
- The agreement is concluded at the moment that the offer of TERAPY is accepted by the consumer, unless it follows from the offer that it has been made without obligation. If there is a non-binding offer, the agreement is concluded when TERAPY accepts the acceptance of the offer – electronically.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
- At the moment that the agreement is concluded electronically, TERAPY takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, TERAPY will observe appropriate security measures.
- The agreement between TERAPY and the consumer is in principle concluded for an indefinite period. The agreement ends by operation of law if both parties have mutually fulfilled their obligations arising from the agreement. These general terms and conditions remain applicable even after the termination of the agreement.
- TERAPY has the right to terminate the agreement in the following cases:
a. TERAPY has been informed within the legal frameworks whether the consumer can meet his payment obligation and it follows that the consumer cannot meet his payment obligation.
Article 6 – Prices
- TERAPY reserves the right to change the rates mentioned in the offer, on the website, in the agreement, in these general terms and conditions or that have been made public in any way.
- The prices mentioned in the offer, on the website, in the agreement, in these general terms and conditions or that have been made public in any way include VAT and other levies imposed by the government, unless otherwise stated.
Article 7 – Right of withdrawal of consumers
- The consumer has the right to dissolve the agreement with regard to the purchase of a remote product within 14 days without giving reasons. TERAPY may ask the consumer for the reason for his withdrawal, but the consumer is not obliged to give reasons.
- The cooling-off period referred to in paragraph 1 starts when the product has been made available to the consumer by a mail order company or other transport company. If the product is not delivered by a mail order company or other transport company, the period referred to in paragraph 1 shall start from the moment the consumer has access to the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is liable for changes in the value of the product if he has used the product for purposes other than those referred to in paragraph 3.
- If the consumer wishes to make use of his right of withdrawal, he will report this to TERAPY within the cooling-off period by means of the model withdrawal form or in another unambiguous way. Social media is not a permitted route for this notification.
- TERAPY will send the consumer an acknowledgement of receipt if the withdrawal is made electronically.
- The consumer will – if he wishes to make use of his right of withdrawal – return the product to TERAPY within 14 days, unless an authorized representative comes to collect the product on behalf of TERAPY. The consumer bears the costs for returning the product.
- The product is returned to TERAPY by the consumer complete including all delivered accessories and packaging.
- After the product has been received by TERAPY, TERAPY will reimburse the consumer’s payments and other fees within 30 days. As far as possible, the same means of payment is used.
- If the consumer exercises his right of withdrawal, all agreements relating to the product will be dissolved.
Article 8 – Delivery
- The delivery times stated on the website are indicative. The consumer will receive his order expeditiously and at the latest within (30) working days, unless otherwise indicated by TERAPY. In the latter case, the consumer will be informed in good time. Exceeding the delivery time does not entitle the consumer to compensation.
- If the delivery is delayed, or if the delivery of a product can only be partially carried out, the consumer will be notified of this within 30 days at the latest after he has placed the order. In that case, the consumer has the right to dissolve the agreement and is entitled to any compensation.
- The risk of damage and/ or loss of the product lies with TERAPY until the moment of offer at the delivery address specified by the consumer.
- Delivery takes place at the moment that the products are offered at the specified delivery address.
- TERAPY may use third parties in the execution of your order(s).
Article 9 – Retention of title
The ownership of delivered items only passes when the consumer has paid the amount due. The risk with regard to the articles is already transferred to the consumer at the time of delivery.
Article 10 – Data and information
- The consumer provides TERAPY with all the data necessary to execute the contract. This information is provided in a timely manner, in the desired form and in the desired manner.
- If the consumer does not comply with his obligation mentioned in paragraph 1, TERAPY has the right to suspend the delivery of the product.
- The data provided must be correct, complete and reliable. This is the responsibility of the consumer. If, due to changed circumstances, the data made available by the consumer are no longer complete, correct or reliable, this will be announced to TERAPY as soon as possible.
- If incomplete, unreliable or incorrect data causes damage or additional costs have to be incurred, these additional costs will be borne by the consumer.
Article 11 – Fees and payments
- The consumer can pay by using one of the payment methods offered during the ordering process. Further payment conditions may be imposed on the payment.
- In the case of payment by bank or giro, the date of payment is the date of crediting the giro or bank account of TERAPY.
- If the consumer exceeds the payment term mentioned in one of the payment methods, he is in default from the day that payment should have been made and from that day he owes the statutory default interest of 2% on the outstanding amount. If the payment takes place after a reminder by TERAPY, the consumer owes an amount of twenty euros (€ 20) in administration costs. If TERAPY engages a collection agency to claim the outstanding amount, the consumer also owes these costs. These collection costs will be at least fifteen percent (15%) of the outstanding amount, but TERAPY reserves the right to claim the extrajudicial collection costs actually incurred.
- In the event of late payment, TERAPY has the right to suspend or dissolve the relevant agreement and any related agreements.
Article 12 – Liability and complaints
- TERAPY is not liable for misunderstandings, damages, delays or improper transmission of orders and communications as a result of the use of the internet or other means of communication between the consumer and TERAPY, or between TERAPY and third parties, unless there is intent or gross negligence on the part of TERAPY.
- In the initial period, the outer cover – where applicable – stretches of the product. As a result, the product may have to be refilled. The costs of refilling EPS are not reimbursed by TERAPY.
- The delivered product must be checked by the consumer immediately after receipt. Any defects must be reported to TERAPY in writing and motivated by the consumer within 7 days of receipt of the product.
- If a defect only arises after a longer period of use, and this defect should not arise within that period under normal use, the consumer will report this as soon as possible, but no later than 14 days after discovery of this defect in TERAPY.
- If it is demonstrated that an item does not comply with the agreement, TERAPY has the choice to replace the item with a new one against return or to refund the invoice price plus shipping costs paid for it.
Article 13 – Guarantees
The warranty is six (6) months – and it is valid on the zippers and seams. No warranty applies to the EPS filling. The invoice or TERAPY order number serves as a payment guarantee.
Article 14 – Force majeure
- In the event of force majeure, which in any case includes – but not limited to – disruptions in telecommunications, war, obstruction in transport, strike, fire and floods, the execution of the agreement will be suspended or the agreement will be terminated. All this without any obligation to pay compensation.
- Force majeure also exists if TERAPY cannot reasonably be expected, on the basis of special circumstances of the case, to continue the execution of the agreement.
Article 15 – Protection of personal data
- For the execution of the agreement by TERAPY, it is necessary to process personal data of the consumer. TERAPY will ensure an appropriate level of security when processing this data.
- The processing of personal data will take place in a manner that is appropriate in accordance with the General Data Protection Regulation (GDPR).
- TERAPY has a Privacy Statement which can be consulted on the TERAPY website. At the request of the consumer, this Privacy Statement can be sent to the consumer by email or by post. In case the consumer wishes to receive the Privacy Statement by post, TERAPY may charge any shipping costs.
- If a data breach is discovered at TERAPY, this will be announced to the consumer as soon as possible.
Article 16 – Intellectual property
- All materials and products produced and/or made available by TERAPY in the broadest sense of the word are the property of TERAPY.
- Without the express permission of TERAPY, the distribution, use or publication thereof is prohibited.
- In the event of a violation of the provisions of this article, TERAPY will recover the damage suffered as a result from the consumer in the broadest sense of the word. This not only concerns material damage, but also immaterial damage.
Article 17 – Complaints
- If the consumer has a complaint with regard to the products delivered by TERAPY, services provided and / or the related invoiced amount, this complaint must be sent in writing by registered letter within a reasonable time after receipt of the product or discovery of the lack of TERAPY. Complaints are fully and clearly described.
- Complaints do not suspend the consumer’s payment obligation.
- TERAPY informs the consumer when the complaint is received by TERAPY. From that moment on, the TERAPY will handle the complaint within 6 weeks.
- If the consumer does not disclose a complaint to TERAPY within the specified period, all rights in this regard expire for the consumer.
Article 18 – Other provisions
- These general terms and conditions and agreements between TERAPY and the consumer are exclusively governed by Dutch law.
- Disputes are submitted to the court in Amsterdam.
- All deadlines mentioned in the offer are only indicative and are not strict deadlines.
- If one or more of the provisions of these Terms and Conditions or any other agreement with TERAPY should conflict with any applicable legal provision, the relevant provision shall lapse and shall be replaced by a new, comparable provision to be determined by TERAPY.
- Without prejudice to the other rights vested in TERAPY, TERAPY has the right in the event of force majeure to suspend the execution of your order, or to dissolve the agreement without judicial intervention by informing you in writing.
- The brand name TERAPY is a registered trademark. It may not be used or copied under any circumstances.
Annex 1 – Model withdrawal form
Model withdrawal form
(only fill in and return this form if you wish to withdraw from the contract)
To: Gemini Beanbags B.V. , Gemini 88, 3769 KX Soesterberg
I/ We hereby inform you that I/ we enter into our agreement concerning the sale of the following products / the supply of the following digital content / the provision of the following service:
Ordered on/ received on:
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