Last updated: July 2020
This Company VHI LLc and BEAS int. we operates among others as http://www.thehummingmask.org This page informs you of our policies regarding our products “the collection”, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site and will never sell your information. By using the Site, you agree and use this information in accordance with this policy.
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Terms and Conditions Vital Health Inventions LLC
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions:
In these conditions:
Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided 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 within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal. for which the information is intended, and which allows 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 that offers products, (access to) digital content and / or services to consumers at a distance;
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 agreement exclusively or partly used becomes one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur:
Chamber of Commerce number : (D.T.I.) 042 58011
VAT identification number: PH235070563
Article 3 - Applicability:
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been 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, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
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 mutatis mutandis and the consumer may, in case of conflicting conditions always invoke the applicable provision that is most favorable to him.
Article 4 - The offer:
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products, digital content and / or services. 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 reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur. 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 subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures. The trader can - within legal frameworks - inform 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 distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to impose special conditions on the execution. The entrepreneur will, no later than on delivery of the product, the service or digital content to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, the following: the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, the information about guarantees and the existing service after purchase, the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract, the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite, if the consumer has a right of withdrawal, the model form for withdrawal In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal of products:
The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s). The consumer is obliged to return the product to the entrepreneur in new condition. The reflection 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 ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner 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 has received a third party designated by it, the last shipment or the last part, in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product. For services and digital content that is not delivered on a tangible medium: The consumer can have a service contract and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 14 months.
days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not to state his reason (s). The reflection 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 basis for not informing about 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 form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous 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 has received this information.
Article 7 - Obligations of the consumer during the cooling-off period:
During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond permitted in paragraph 1. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 –Exercise of the right of withdrawal by the consumer and costs thereof:
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the standard form for withdrawal or otherwise unambiguously. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling off period has expired. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable information provided by the entrepreneur. and clear instructions.The risk and the 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. If the trader has not reported that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer rescinds after having first explicitly requested that the transaction of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or a certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has been fulfilled at the time of revocation, compared with the full fulfillment of the obligation. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity. , or to supply district heating, if: the entrepreneur the consumer the legally required information about the the right of withdrawal, the cost reimbursement upon revocation or the standard form for withdrawal has not been provided, or the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period. no costs for the full or partial delivery of digital content not delivered on a physical carrier, if: prior to delivery it has not expressly agreed to commence the fulfillment of the agreement before the end of the cooling-off period; to lose his right of withdrawal when giving his consent; or the entrepreneur has failed to confirm this statement from the consumer. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal:
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he sends after receipt of this report without delay an acknowledgment of receipt. The entrepreneur shall reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. The entrepreneur uses the same payment method for reimbursement. consumer, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal:
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement: Products or services of which the price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period; Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services; Service contracts, after full execution of the service, but only if: the performance has begun with the express prior consent of the consumer; and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the contract; Package travel as referred to in Article 7: 500 Dutch Civil Code and agreements for passenger transport; Service agreements for the provision of accommodation, if the agreement contains a specific date or period of execution foreseen and other than for residential purposes, freight transport, car rental services and catering; Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution; Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for reasons of health protection or hygiene orders returned and of which the seal is broken after delivery; Products which by their nature are irrevocably mixed with other products; Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days; the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence; Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; Newspapers, magazines or magazines, with the exception of subscriptions to this; delivery of digital content other than on a tangible medium, but only if: the performance has started with the express prior consent of the consumer; and the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price:
During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the trader may purchase products or services of which the prices are subject to fluctuations on the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are stated in the offer.Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; orb. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. In the supply of products or services mentioned prices include VAT.
Article 12 - Compliance with the agreement and additional guarantee:
The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the information on the date of the creation. of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer has under the agreement. the entrepreneur can assert if the entrepreneur has failed in the fulfillment of its part of the agreement. Under additional guarantee is understood every undertaking of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go further then to which it is legally obliged if he has failed to fulfill his part of the agreement.
Article 13 - Delivery and execution:
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. As place of delivery applies the address that the consumer to the entrepreneur has made it known. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without penalty and the right to any compensation. After termination 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 resides with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension:
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term. agreed cancellation rules and a notice period of no more than one month.The consumer can terminate the agreements referred to in the previous paragraphs: at all times and not be limited to termination at a specific time or in a given period, at least terminate in the same way as they entered into by him, always cancel with the same notice rime if the entrepreneur has stipulated for himself.Lengthening: A contract 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 renewed tacitly or renewed for a specific period. of the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer reaches this extended agreement by the end of the contract. of the extension can terminate with a notice period of no more than one month.A contract that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines. A contract with limited duration to the regular delivery of day delivery, news- and weeklies and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period. Duration: If an agreement has a duration of more than one year, the consumer after a year terminate the agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 - Payment:
Unless stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling off period within 14 days after the closing of the cooling-off period. the agreement. In case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the contract. When selling products to consumers, the consumer may never be obliged to pay in advance in than 50%. If payment in advance is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place. The consumer has the obligation to promptly provide inaccuracies in provided or stated payment details to the entrepreneur. If the consumer fails to meet his payment obligation (s) in time, after the entrepreneur has pointed out the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure:
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. 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. The consumer should at least 4 weeks time to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to the dispute settlement.
Article 17 - Disputes:
On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.
Article 18 - Additional or deviating provisions:
Additional conditions 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.