Terms and conditions.
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 Execution
Article 12 - Duration 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:
Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance contract for a series of products and/or services with delivery and/or purchase obligations spread over time.
Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed to them in a way that allows 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 withdrawal form provided by the entrepreneur that a consumer can use to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
Distance Contract: A contract concluded within an organized system for the remote sale of products and/or services, where one or more remote communication techniques are exclusively used up to and including the conclusion of the contract.
Remote Communication Technology: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same physical location.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Charged BV
Danzigerkade 8
1013 AP Amsterdam
Netherlands
Email: info@charged.health
Chamber of Commerce (KVK) Number: 91681200
VAT Number: NL865735736B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and every distance contract and order concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed and provided upon request, free of charge.
If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically in a way that allows the consumer to store them on a durable medium. If this is not possible, the consumer will be informed where they can access them electronically and that they will be sent upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of this article also apply, and the consumer may always rely on the provision most favorable to them in case of contradictions.
If any provision in these terms and conditions is found to be invalid or void, the agreement and these conditions remain in force, and the invalid provision will be replaced by a valid one that closely aligns with the original intent.
Situations not covered by these terms should be assessed in the spirit of these terms and conditions.
Any ambiguities in the interpretation of one or more provisions of these terms should be interpreted in the spirit of these terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change or adjust the offer.
The offer includes a complete and accurate description of the products and/or services provided. The description is sufficiently detailed to allow the consumer to make a proper assessment. If the entrepreneur uses images, they represent the offered products and/or services truthfully. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and details in the offer are indicative and cannot be a basis for compensation or contract termination.
Every offer contains information that makes it clear to the consumer what the rights and obligations are associated with accepting the offer, including:
The price including taxes.
Any shipping costs.
The method by which the contract will be concluded and what actions are necessary for this.
Whether the right of withdrawal applies.
The payment, delivery, and execution method.
The acceptance period of the offer or the period within which the entrepreneur guarantees the price.
Whether the contract will be archived after its conclusion and how the consumer can access it.
The languages in which the contract can be concluded besides Dutch.
The codes of conduct the entrepreneur adheres to and how the consumer can review them electronically.
The minimum duration of the distance contract in case of a duration transaction.
Article 5 - The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance is not confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, assess whether the consumer can meet their payment obligations and investigate other relevant facts necessary for a responsible distance contract. If the entrepreneur has valid reasons not to conclude the contract, they are entitled to refuse an order or attach special conditions to its execution.
Article 6 - Right of Withdrawal
For Product Delivery:
Consumers may cancel their purchase within 14 days after receiving the product without providing a reason. During the cooling-off period, the consumer must handle the product and packaging with care, only unpacking or using it to the extent necessary to determine if they wish to keep it.
To exercise their right of withdrawal, the consumer must notify the entrepreneur within 14 days using the model withdrawal form or another clear communication method, such as email. The consumer must return the product within 14 days of this notification.
If the consumer fails to notify the entrepreneur or return the product within the specified periods, the purchase is considered final.
For Service Delivery:
Consumers may cancel a service contract within 14 days after concluding the contract, unless the service has already been fully performed with their explicit prior consent.
To exercise the right of withdrawal, the consumer must follow the provided reasonable and clear instructions.
Article 7 - Costs in Case of Withdrawal
Consumers bear the direct costs of returning the product.
If the consumer has already made a payment, the entrepreneur will refund it within 14 days after withdrawal, provided the returned product is received in good condition.
Consumers are liable for any depreciation in value due to handling beyond what is necessary to determine whether they want to keep the product.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer or at least before the contract was concluded.
Exclusion of the right of withdrawal is only possible for the following products:
Products that are custom-made according to the consumer's specifications.
Products that are clearly personal in nature.
Products that cannot be returned due to their nature.
Products that may deteriorate or expire quickly.
Products whose price is subject to fluctuations in the financial market, over which the entrepreneur has no control.
Newspapers, magazines, or periodicals, except for subscriptions.
Audio, video recordings, and computer software whose seal has been broken.
Hygiene products whose seal has been broken after delivery.
Exclusion of the right of withdrawal is only possible for the following services:
Services related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period.
Services that have already commenced with the consumer’s explicit consent before the end of the withdrawal period.
Bets and lotteries.
Article 9 - The Price
Prices stated in the offer remain valid during the specified validity period, except for price changes due to adjustments in VAT rates or legal regulations.
Prices of products or services subject to fluctuations in the financial market, beyond the entrepreneur’s control, may vary. This fluctuation and its potential impact on pricing will be clearly indicated in the offer.
Price increases within three months after the agreement was concluded are only permitted if they result from legal changes.
Price increases after three months are only permitted if:
They result from legal regulations, or
The consumer has the right to terminate the contract with effect from the date the price increase takes effect.
All prices mentioned in the offer include VAT.
The entrepreneur is not liable for printing or typographical errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and services comply with the contract, the stated specifications, reasonable usability standards, and any applicable legal regulations at the time of contract formation. If applicable, the entrepreneur guarantees the product’s suitability for special use if agreed upon.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights under the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within two months after the defect is discovered.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is not responsible for the ultimate suitability of the product for an individual consumer’s intended purpose or for any advice regarding its use.
The warranty does not apply in the following cases:
The consumer or a third party has repaired or altered the product.
The product has been exposed to abnormal conditions or misused contrary to instructions.
The defect is a result of government-imposed regulations regarding material use or quality standards.
Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and processing product orders and assessing service requests.
The delivery address is the address provided by the consumer.
The entrepreneur will process accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or the order cannot be fulfilled, the consumer will be informed within 30 days. In such cases, the consumer may terminate the contract without costs.
All delivery times are indicative. Consumers cannot claim compensation for delivery delays.
If the contract is terminated due to failure to deliver, the entrepreneur will refund any payments within 14 days.
If delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement product. This will be clearly communicated to the consumer. For replacement products, the right of withdrawal cannot be excluded. The consumer may return the replacement product at no additional cost.
The risk of product damage or loss remains with the entrepreneur until delivery to the consumer or their designated representative, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite-term agreement for recurring product or service delivery at any time, following agreed termination rules and with a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for recurring product or service delivery at the end of the term, following agreed termination rules and with a notice period of no more than one month.
Consumers may terminate agreements:
At any time without being restricted to a specific period.
Using the same method as the agreement was originally entered into.
With the same notice period as the entrepreneur applies for themselves.
Renewal
Fixed-term agreements for recurring product or service delivery cannot be automatically renewed or extended.
An exception applies for subscriptions to newspapers, magazines, and periodicals, which may be automatically extended for a maximum of three months, provided the consumer can terminate with one month's notice.
A fixed-term agreement for product or service delivery may only be extended indefinitely if the consumer can terminate at any time with one month's notice, or three months’ notice if deliveries occur less than once per month.
Trial subscriptions automatically expire after the trial period and do not renew automatically.
Duration
If a contract lasts more than one year, the consumer may terminate it at any time after one year with one month's notice, unless premature termination is deemed unreasonable under fairness principles.
Article 13 - Payment
Unless otherwise agreed, amounts due from the consumer must be paid within seven working days after the cooling-off period begins. If no cooling-off period applies, payment must be made within seven working days after contract confirmation.
Consumers must immediately report inaccuracies in provided payment details.
In the event of non-payment, the entrepreneur may charge reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints Procedure
The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly.
Complaints regarding contract execution must be submitted within two months after the consumer notices the issue.
Complaints will be addressed within 14 days after receipt. If more time is needed, the consumer will be notified of the expected resolution timeline.
If a complaint cannot be resolved, it may be submitted to an independent dispute resolution body.
Complaints do not suspend the consumer’s obligations, unless the entrepreneur states otherwise.
If a complaint is justified, the entrepreneur will either replace or repair the product free of charge.
Article 15 - Disputes
These general terms and conditions are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Any additional or deviating provisions must not be disadvantageous to the consumer and must be recorded in writing or stored on a durable medium that the consumer can access.