Table of Contents

Article
1 Definitions Article
2 Identity of the Entrepreneur
3 Applicability Article
4 The Offer Article 
– The Agreement Article
6 Right of Withdrawal Article
7 Costs in Case of Withdrawal Article
8 Exclusion of the Right of Withdrawal Article
9 The Price Article
10 Conformity and Warranty Article
11 Delivery and Execution Article
12 Duration Transactions: Duration, Termination, and Extension Article
13 Payment Article
14 Complaints Procedure

Article 1 – Definitions In these terms and conditions, the following definitions apply:

• Cooling-off Period: the period within which the consumer can make use of their right of withdrawal; Read all about the cooling-off period
• Consumer: the natural person who does not act for purposes related to their trade, business, or profession and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Continuing Transaction: a distance contract for a series of products and/or services, the delivery and/or consumption of which is spread over time;
• Durable Medium: any tool that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that facilitates future consultation and unaltered reproduction of the stored information.
• Right of Withdrawal: the consumer’s ability 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 they wish to exercise their 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 between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby only one or more techniques for communication at a distance are used up to and including the conclusion of the contract;
• Technique for Communication at a Distance: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Comfort Healing Energy
Melis Stokelaan 438
1813DW Alkmaar The Netherlands
T (072) 555-5000 E info@comforthealingenergy.nl
Chamber of Commerce Number 56484739 VAT Number 221925156B02

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 the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer as soon as possible, free of charge, upon request. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in some other way free of charge upon request. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable 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 annulled at any time, the remaining agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by mutual agreement as soon as possible. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited duration 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. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 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 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment at which the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can – within statutory frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. Before delivering the product to the consumer, the entrepreneur will send the following information with the product or in writing, in such a way that the consumer can store it on an accessible durable medium: a. the visiting address of the establishment of the entrepreneur where the consumer can contact complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the data 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 canceling the agreement if the agreement has a duration of more than one year or for an indefinite period. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal
In the case of products: The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige them to state their reason(s). The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

• in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product. In case of services and digital content that is not supplied on a tangible medium:

• The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige them to state their reason(s).

• The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Cooling-off Period for Products, Services, and Digital Content That Has Not Been Delivered on a Tangible Medium When the Consumer Has Not Been Informed of the Right of Withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they are responsible for no more than the costs of returning the goods. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is conditional on the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. For services and digital content that is not supplied on a tangible medium:

• If the consumer exercises their right of withdrawal, they owe the entrepreneur an amount that is proportional to what has been delivered up to the moment of withdrawal, compared to the full compliance of the contract.

The consumer is not liable for any costs for the performance of services or the supply of water, gas, or electricity that has not been made ready for sale in a limited volume or set quantity, or for the supply of district heating if:

• the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
• the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.

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

• they did not expressly consent to the commencement of the performance of the agreement before the end of the cooling-off period;
• they have not acknowledged losing their right of withdrawal when giving consent; or
• the entrepreneur failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all additional agreements will be legally dissolved.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for as long as the entrepreneur has indicated this clearly in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly of a personal nature;
• that cannot be returned due to their nature;
• that can quickly spoil or age;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• regarding accommodation, transport, restaurant, or leisure activities to be carried out on a certain date or during a certain period;
• the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
• regarding bets and lotteries.

Exclusion of the right of withdrawal is only possible for digital content that is not supplied on a tangible medium if:

• the performance has begun with the consumer’s prior express consent; and
• the consumer has acknowledged losing their right of withdrawal due to this.

Exclusion of the right of withdrawal is only possible for contracts:

• regarding financial services;

• regarding employment, if the contract is to be performed during the period of withdrawal, with the consumer’s prior express consent;

• regarding lodge services, if the contract is to be performed during a certain period or on a specific date. Exclusion of the right of withdrawal is only possible for the following contracts if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement:

• regarding the delivery of products that are not suitable for return due to their nature;

• that can spoil or age quickly;

• of which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

• regarding single newspapers and magazines;

• regarding audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Article 10 – Conformity and Guarantees
The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and implementing product orders and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company. 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 a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, 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.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative unless otherwise expressly agreed.

Article 12 – Continuing Performance Contract: Duration, Termination, and Extension
Termination: The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.

The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of up to one month.

Extension: An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a fixed duration.

Notwithstanding the preceding paragraph, a fixed-term agreement that has been entered into for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed duration of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of up to one month. The notice period is up to three months if the agreement extends to the regular delivery, but less than one time per month, of daily, weekly, and monthly newspapers and magazines.

An agreement with a limited duration to provide regularly scheduled daily or weekly newspapers and magazines (trial and introductory subscription) will not be tacitly continued and will automatically end at the end of the trial or introductory period.

Duration: If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month unless reasonableness and fairness are opposed to termination before the end of the agreed term.

Article 13 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur. If the consumer does not fulfill their payment obligation(s) in a timely manner, after the consumer has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to fulfill their payment obligations, the consumer is in default for the remaining amount of the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to no more than: 15% on outstanding amounts up to €2,500, 10% over the subsequent €2,500, and 5% over the subsequent €5,000 with a minimum of €40. The entrepreneur can deviate from the aforementioned amounts and percentages in favor of the consumer. Article 14 – Complaints Scheme

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

At least within 14 days, the consumer will receive a substantive reply to the complaint from the entrepreneur. The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement scheme.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. In case of disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur, this dispute can only be submitted to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP, The Hague (www.sgc.nl). A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time. If the complaint cannot be resolved by mutual agreement, the consumer should turn to the Disputes Committee within three months after the dispute arose. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants this, the consumer will respond in writing to the request made by the entrepreneur that he agrees to the decision. The Disputes Committee will make decisions under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/complaints-regulation). The decisions of the Disputes Committee are made by means of binding advice. The Disputes Committee will not charge any fees to the consumer for the processing of a dispute.

A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time. If the complaint cannot be resolved by mutual agreement, the consumer should turn to the Disputes Committee within three months after the dispute arose. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants this, the consumer will respond in writing to the request made by the entrepreneur that he agrees to the decision. The Disputes Committee will make decisions under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/complaints-regulation). The decisions of the Disputes Committee are made by means of binding advice. The Disputes Committee will not charge any fees to the consumer for the processing of a dispute.

Article 16 – Additional or Different 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 they can be stored by the consumer in an accessible manner on a durable medium.