Terms and Conditions

Table of contents:
Article 1 - Identity of the entrepreneur
Article 2 - Definitions
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Treatment agreement regarding a consultation
Article 7 - Right of withdrawal
Article 8 - Obligations of the consumer during the reflection period
Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 10 - Obligations of the entrepreneur in the event of withdrawal
Article 11 - Exclusion of right of withdrawal
Article 12 - The price
Article 13 - Compliance and additional warranty
Article 14 - Delivery and execution
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Identity of the entrepreneur

Eleoflora, in collaboration with Nature
Eleonora van Nieuwenhoven

Vlagtwedderstraat 54
9545 TD Bourtange
Province of Groningen
The Netherlands

Phone number: 06-57202475
Email address: eleoflora.webshop@gmail.com

IBAN: NL61 ASNB 0706994167
BIC code: ASNBNL21
Attn: Eleoflora
stating: Order number

Chamber of Commerce number: 51384744
VAT identification number: NL1816.48.490.B01

Eleoflora aims to provide herbal medicine consultations, give workshops in the field of herbal and nature experience and sell artisanal herbal products via an online store and at markets and events.

Article 2 - Definitions
In these conditions the following definitions apply:
1. 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 supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more techniques for remote communication are used;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be read by the consumer. consumer can be easily 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most appropriate for him. is favorable.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
4. The use of the products is entirely at your own risk. Eleoflora is not liable for any negative consequences of incorrect use and actions.
5. Eleoflora products do not replace medical or psychological care. Always consult with your doctor whether you can use the products in addition to your regular treatment.

Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
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 distance contract. If, based on 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 execution.
5. An appointment for a consultation or workshop is only possible in writing (also by e-mail), unless otherwise agreed. This will reserve the date and time for you.
6. Before you make an appointment for a first consultation, it is necessary to make an appointment with your GP for some complaints to have a diagnosis made. If in doubt, you can always contact us.
7. The entrepreneur will send the following information, in writing or digitally via e-mail, at the latest upon delivery of the product, service or digital content to the consumer, so that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. 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;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6. - Treatment agreement regarding a consultation
1. A treatment agreement must be signed before the first consultation so that the rights and obligations of the therapy are clear for both the client and Eleoflora, hereinafter referred to as “therapist”.
2. The client undertakes to provide relevant and truth-based information to the therapist through the intake and anamnesis form.
3. Client has the right to inspect his own file
4. The therapist undertakes to provide information regarding the treatment to the client in all phases of the treatment.
5. The therapist will maintain confidentiality with regard to data provided by the client for the file (with the exception of data for which the client has stated that he/she does not object to the use for statistical purposes). Unless this is information that violates laws and poses immediate danger to the environment.
6. The therapist may not perform certain actions or actions without the client's permission.
7. The therapist undertakes to correctly refer the client to a fellow therapist or a doctor if his treatment is not appropriate and/or sufficient.
8. Termination of the treatment can take place at any time by mutual consent. If the person requesting assistance no longer appreciates or considers it necessary to continue the agreement, he can terminate it unilaterally. If the person seeking help terminates the agreement against the advice of the therapist, the person seeking help will, at the therapist's request, sign a statement in which he indicates that he will prematurely undergo the examination or treatment against the therapist's advice, at his own risk. has ended.
9. The therapist can only terminate the agreement unilaterally, stating arguments, if he cannot reasonably be expected to continue the agreement. The therapist will continue to provide help and advice in such a situation until the person seeking help has been able to conclude an agreement with another care provider.

Article 7 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple 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 clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. in the case of 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.
3. The right of withdrawal does not apply to the following products:
a. Products that have been developed and assembled at personal request.
b. Products: ointment, oil, tincture, tea, soap, cream, lip balm, bath salts, massage oil that have been opened cannot be returned for hygiene reasons. Provided it has been conclusively established that the products contain signs of deterioration upon opening.
c. Products that have been used

For services (consultations and workshops) and digital content that is not delivered on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). Cancellation up to two weeks before the start of the service is possible without financial consequences. The payment will be returned immediately. With the exception of the Basic Course on Herbs in Practice, which can be canceled up to 30 days before the start of the course.
4. If you cancel within two weeks before the start of the service, half of the course fee will be charged. with the exception of basic herbal training in practice, for which no refund is possible. (The day of the service is used as the start date). If you are unable to attend, you are always allowed to send a replacement (please consult with us)
5. Cancellation of a workshop or consultation must be made by telephone or e-mail before the start. If you are unable to attend, you are always allowed to send a replacement.
6. Cancellation after 24 hours before the start of the service will be charged in full.
7. If the participant does not show up without prior notice, the claim for a refund of the payment will lapse.
8. If there is insufficient participation in an activity, Eleoflora reserves the right to cancel it. In the event of unforeseen circumstances or force majeure, Eleoflora reserves the right to cancel the workshop up to the day itself.
9. Bad weather is no reason to cancel a workshop that takes place outside, unless a weather alarm is issued by the KNMI. The workshop will then be moved to another date in consultation with the participants or reimbursement of the workshop costs.
10. Eleoflora will inform the participant of the cancellation as soon as possible by telephone or in another appropriate manner.
11. In the event of cancellation by Eleoflora, the participant can opt for a refund of the payment or transfer to another date within three months.
12. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
13. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
14. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
15. The withdrawal form can be found on the Eleoflora website: http://www.eleoflora.nl/c-3574865/herroepingsFORM/

Article 8 - Obligations of the consumer during the reflection period
1. During the reflection 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 basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. 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. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 10 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. 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 11 - 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 before concluding the agreement:
1. Products manufactured to consumer 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;
2. Products that spoil quickly or have a limited shelf life; ointment, oil, tincture, tea, soap, cream, lip balm, bath salts, massage oil.
3. Products used.
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; ointment, oil, tincture, tea, soap, cream, lip balm, bath salts, massage oil that have been opened cannot be returned for hygiene reasons. Provided it has been conclusively established that the products contain signs of deterioration upon opening.
5. Products that are irrevocably mixed with other products after delivery due to their nature; personal tea blends and incense blends

Article 12 - The price
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.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of products or services include VAT.

Article 13 - Compliance with the agreement and additional warranty
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 legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the contract. agreement.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the obligation. the agreement.

Article 14 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Delivery in the Netherlands will take place as soon as possible, but certainly within 5 working days after receipt of payment. This is different for other countries and the speed is up to the postal service. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement without costs and is entitled to any compensation.
4. If products are temporarily or not immediately available, you will be informed by e-mail for further consultation.
5. If the shipping costs are not entered correctly, Eleoflora reserves the right to change them and still receive the amount due that was underpaid. If you pay too much shipping costs (for example if your package fits through the letterbox) you will receive the difference back.
6. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
7. Collection of the products is also possible, but in consultation. Use the contact form for this.
8. 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.
9. Obvious errors or mistakes in Eleoflora brochures and other publications such as the internet do not bind Eleoflora. Eleoflora reserves the right to change such points.

Delivery / Execution of services: consultations and workshops
10. Consultations can also take place outside office hours by mutual agreement. No consultations are done on weekends unless the situation requires it.
11. The amount of the consultation does not include any recommended herbal products.
12. The costs for the consultation do not include travel costs if you opt for a consultation at home.
13. If you live in Bourtange, the travel costs are waived. If you live in the municipality of Westerwolde, the travel costs are € 0.19 cents per km. If you are unsure whether your place of residence falls in the region, you can of course contact us to discuss. Do you live further than 50 km from Bourtange? the best solution is discussed in consultation. I can refer you to colleagues closer to where you live who can provide a consultation.
14. During the first meeting by telephone or e-mail, an inventory is made of the client's wishes. Eleoflora tries to take into account any preferences of the client as far as possible.
15. A project and price proposal (the quotation) will be sent by e-mail or post. The proposal contains an overview of the agreements made, the location, possibly a route description, a (rough) description of the workshop and a quotation.
16. Every offer is only a non-binding invitation to the client to enter into an agreement with the organizer.
17. If the quotation is approved, the client will confirm this as soon as possible by telephone or in writing (also by e-mail).
18. If the quotation is not accepted, the client will inform Eleoflora as soon as possible by telephone or in writing (also by e-mail), after which Eleoflora will make adjustments or look at any other options.
19. After the client has given approval, the client will receive an invoice.
20. Participation in Eleoflora workshops is at your own risk and expense.
21. Eleoflora's knowledge does not replace medical or psychological assistance.
22. Eleoflora products do not replace medical or psychological care.
23. The Eleoflora teaching materials are exclusively intended for participants of the Eleoflora workshops. Participants must respect the copyright relating to the teaching material. This means that none of the work may be copied and/or made available to third parties.

Article 15 - Payment
1. An order will only be shipped once the amount due has been transferred to Eleoflora's account. You will receive a confirmation of this by e-mail.
2. The amount of a consultation or workshop must be paid at least 14 days before the start of the service unless otherwise agreed. Cash payment on the day of the service is not possible unless otherwise agreed.
3. After these two weeks have passed, others can also take an option on the workshop in question until the amount due has been received. The registration will be confirmed by Eleoflora in writing or by e-mail as soon as payment has been received.
4. Final reservations are made in the order in which payment is received.
5. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
6. When selling products/services to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
7. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
8. If the consumer does not fulfill his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. 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.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

\Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - Additional or deviating provisions
Additional or deviating provisions 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 data carrier.

Appendix I: Model withdrawal form

Model withdrawal form
(Only complete and return this form if you wish to withdraw from the agreement. Copy this text to your standard word processor and send it to the following (email) address. )

To: Eleonora van Nieuwenhoven
Eleoflora, in collaboration with Nature

Vlagtwedderstraat 54
9545 TD Bourtange
The Netherlands
eleoflora.webshop@gmail.com

I/We* hereby inform you that I/We* agree to our agreement regarding
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Consumer(s) address]

[Signature of consumer(s)] (only when this form is submitted on paper)


* Delete what is not applicable or fill in what is applicable.