Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – 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 Performance
Article 12 – Long-term Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  1. Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

  2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur.

  3. Day: calendar day.

  4. Long-term transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period.

  7. Model withdrawal form: the model withdrawal form provided by the entrepreneur, which the consumer may use to exercise the right of withdrawal.

  8. Entrepreneur: Solidutch B.V., established in ’s-Gravenhage, registered with the Chamber of Commerce under number 77973976, trading under the name Mepholife.

  9. Distance agreement: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.

  10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.

  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Solidutch B.V., trading under the name Mepholife
Bieskade 1, 2492 TP ’s-Gravenhage, The Netherlands

Telephone number: +31 (0)70 204 2678
Email address: info@mepholife.com
Chamber of Commerce number: 77973976
VAT identification number: NL861218504B01
Website: https://www.mepholife.com

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

  2. Prior to the conclusion of the distance agreement, the text of these General Terms and Conditions shall be made available to the consumer.

  3. If the distance agreement is concluded electronically, these General Terms and Conditions shall be made available electronically in such a way that they can easily be stored by the consumer on a durable data carrier.

  4. If, in addition to these General Terms and Conditions, specific product conditions apply, the consumer may, in the event of conflicting provisions, rely on the provision that is most favourable to them.

  5. If one or more provisions of these General Terms and Conditions are wholly or partially void or annulled, the remaining provisions shall remain fully in force.

  6. Situations not explicitly regulated in these General Terms and Conditions shall be assessed in accordance with the purpose and intent of these Terms and Conditions and the applicable legislation.

  7. Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in favour of the consumer, in accordance with applicable consumer protection law.

Article 4 – The Offer

  1. If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.

  2. The offer is non-binding. The entrepreneur is entitled to amend or adjust the offer.

  3. The offer contains a clear and as complete as possible description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  4. Images, specifications and other data in the offer are indicative only and cannot give rise to compensation or termination of the agreement.

  5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

  6. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer, including in particular:

    • the price including taxes;

    • any shipping costs;

    • the manner in which the agreement will be concluded and which actions are required;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and performance of the agreement;

    • the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;

    • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;

    • whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;

    • the manner in which the consumer can check and, if desired, correct the data provided in the context of the agreement prior to its conclusion;

    • any other languages in which the agreement may be concluded in addition to Dutch;

    • any codes of conduct to which the entrepreneur has submitted and how these can be consulted electronically; and

    • the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.

  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

  4. Within the legal framework, the entrepreneur may assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons not to enter into the agreement based on this assessment, they are entitled to refuse an order or application with justification or to attach special conditions to the execution thereof.

  5. The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable data carrier, at the latest upon delivery of the product or service:
    a. the visiting address of the entrepreneur’s establishment where the consumer may submit complaints;
    b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information on warranties and existing after-sales service;
    d. the data included in Article 4(6) of these Terms and Conditions, unless this information has already been provided to the consumer prior to execution of the agreement;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

In the case of delivery of products:

  1. Upon purchase of products, the consumer has the right to withdraw from the agreement without stating reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated by the consumer and known to the entrepreneur, has received the product.

  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, insofar as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. Notification shall be made using the model withdrawal form or by sending an email to info@mepholife.com. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example by means of proof of shipment.

  4. If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

  1. The consumer shall bear the direct costs of returning the product.

  2. The entrepreneur shall refund the amount paid as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received or conclusive proof of return shipment has been submitted.

  3. Refunds shall be made using the same payment method as used for the original transaction, unless otherwise agreed.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraph 2, provided that this exclusion is clearly stated in the offer or at least in good time prior to the conclusion of the agreement.

  2. Exclusion of the right of withdrawal applies to sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.

  3. Products classified as hygienic products may only be returned unopened and with an intact seal. If the seal has been broken, the right of withdrawal lapses.

  4. Whether a product is classified as a hygienic product shall be clearly stated per product in the offer and in the returns and withdrawal policy.

Article 9 – The Price

  1. During the period of validity stated in the offer, the prices of the products offered shall not be increased, except for price changes resulting from changes in VAT rates.

  2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

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

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

    • they result from statutory regulations or provisions; or

    • the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

  5. Prices stated in the offer include VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability.

  2. The products are intended for wellness and supportive use. The entrepreneur does not guarantee any specific result or individual effect.

  3. Statutory warranty applies to the products. This means that the product must do what the consumer may reasonably expect it to do.

  4. Any additional warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights.

  5. Any defects must be reported to the entrepreneur in writing within a reasonable period after discovery.

Article 11 – Delivery and Performance

  1. The entrepreneur shall exercise the greatest possible care when processing and dispatching orders.

  2. Delivery shall take place at the address specified by the consumer when placing the order.

  3. Orders shall be executed within the indicative delivery time stated on the webshop, unless a different delivery period has been agreed.

  4. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be informed as soon as possible.

  5. In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days.

  6. 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 third party.

Article 12 – Long-Term Transactions: Duration, Termination and Renewal

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products at any time, subject to a notice period of no more than one month.

  2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products at the end of the agreed term, subject to a notice period of no more than one month.

  3. The consumer may terminate the agreements referred to in the preceding paragraphs:
    a. at any time and not be restricted to termination at a specific time or during a specific period;
    b. at least in the same manner as they were entered into;
    c. always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

  1. An agreement entered into for a fixed period and which provides for the regular delivery of products may not be tacitly extended or renewed for a fixed period.

  2. By way of exception, such an agreement may only be tacitly extended for an indefinite period, provided that the consumer may terminate it at any time with a notice period of no more than one month.

Trial and introductory subscriptions

  1. An agreement with a limited duration that provides for the regular delivery of products on a trial or introductory basis shall not be tacitly renewed and shall automatically end at the end of the agreed period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid immediately upon placing the order via the available payment methods.

  2. The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

  3. In the event of default by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge reasonable costs.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and shall handle complaints in accordance with this procedure.

  2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within two months after the consumer has identified the defect, fully and clearly described, via info@mepholife.com.

  3. The entrepreneur shall confirm receipt of the complaint and respond substantively within a period of no more than 14 days.

  4. If a complaint requires a longer processing time, the consumer shall receive a confirmation of receipt within this period with an indication of when a substantive response can be expected.

  5. In the event of complaints, the consumer must first contact the entrepreneur to seek a solution by mutual agreement.

  6. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure as referred to in Article 15.

  7. A complaint does not suspend the obligations of the entrepreneur, unless otherwise agreed in writing.

  8. If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, replace the product free of charge or offer another appropriate solution.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed by Dutch law.

  2. The consumer retains the protection of mandatory provisions of the consumer law of the country in which they have their habitual residence.

  3. Disputes arising from or relating to the agreement may be submitted to the competent court.

  4. The consumer may also make use of the European Online Dispute Resolution (ODR) platform, available at:
    https://ec.europa.eu/consumers/odr

  5. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these General Terms and Conditions may not be detrimental to the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.