Terms and Conditions

Article 1 Definitions

Term
Reflection time	the period within which the consumer can make use of his right of withdrawal;
Consumer	the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day	calendar day
Sustainable data carrier	any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
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 and/or services to consumers at a distance;
Remote agreement	an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication; /p>
Technique for remote communication:	means that can be used for concluding an agreement, without the consumer and entrepreneur meeting in the same room at the same time.

Article 2 Entrepreneurs ID

Name: Ob Labs B.V. (trading as Functional Bites)

Chamber of Commerce number: 83873414

VAT ID: NL863017435B01

3. Applicability

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

3.2 A copy of this agreement can be requested free of charge. If the distance contract has been made electronically, the terms and conditions will be sent digitally.

3.3 If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or destroyed, the other terms and conditions will continue to apply until new terms and conditions are agreed. 

3,4. Situations not regulated in these Terms and Conditions will be assessed in the spirit of this agreement. The same applies to ambiguities about the content or explanation of the terms and conditions.

4. The Offering

4.1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.  The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

4.2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered.Obvious mistakes or errors in the offer do not bind the entrepreneur

4.3. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

The images placed with products have different meanings and purposes. For example, there are isolated images of the product photo and product photos in context. In the first case, the product is a true representation of the offer. In the second case, images in which additives have been placed are for an advertising purpose.

4.4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular
:

- the price including taxes;

- any shipping costs;

- the manner in which the agreement will be concluded and which actions are required for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and execution of the agreement;

- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

- whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;

- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;

- any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; 

• and the minimum duration of the distance contract in case of a duration transaction.

5. The Agreement

5.1 Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions .

5.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

5.4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the contract. distance contract.If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation

5.5. The entrepreneur will inform the consumer as well as possible via a durable data carrier - and in a reasonably different way if desired. This concerns the following information:

a) the address of the establishment of the entrepreneur, so that the consumer has an address to which he can send his complaints;

b) the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or the communication regarding the exclusion of his right of withdrawal;

c) the information about guarantees and existing after-sales service;

d) the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e) the requirements for terminating the agreement if the agreement has a duration of more than one year or indefinitely.

5.6. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

6. Right of withdrawal

6.1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

6.2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

6.3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

6.4. If the customer has not indicated that he wishes to make use of his right of withdrawal or. has not returned the product to the entrepreneur, the purchase is a fact.

6.5. If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer.

6.6. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

6.7. Exclusion of the right of withdrawal takes place in accordance with art. 6:230p BW. 

7. The price

7.1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates

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

7.3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 

these are the result of statutory regulations or provisions; or

the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

7.4. The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

8. Conformity and Warranty

8.1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the date of the conclusion of the agreement existing legal provisions and/or government regulations.

8.2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.

8.3. The warranty does not apply if the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or if they conflict with the instructions of the entrepreneur and/or have been treated on the packaging.

9. Delivery and execution

9.1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.

9.2. The place of delivery is the address that the consumer has made known to the company.

9.3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. . If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.

9.4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

9.5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

9.6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise

10. Payment

10.1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period.

10.2. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

11. Complaints procedure

11.1. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects

11.2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

11.3. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

11.4. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

11.5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

12. Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

 

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