Terms and Conditions

This is a formal translation of your General Terms and Conditions into English. I have maintained the legal structure while ensuring the language is clear and professional for your international or English-speaking customers.

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (B2C)

Article 1: Definitions

  1. FANCT, located in Rotterdam, Chamber of Commerce (KvK) number 76791637, is referred to in these general terms and conditions as the Seller.

  2. The counterparty of the Seller is referred to in these general terms and conditions as the Buyer.

  3. Parties refers to the Seller and the Buyer together.

  4. The Agreement refers to the purchase agreement between the parties.

Article 2: Applicability of General Terms and Conditions

  1. These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the Seller.

  2. Deviation from these terms and conditions is only possible if expressly agreed upon in writing by both parties.

Article 3: Payment

  1. The full purchase price is always paid immediately in the webshop. In some cases, a down payment is expected for reservations. In such cases, the Buyer will receive proof of the reservation and the prepayment.

  2. If the Buyer fails to pay on time, they are in default. If the Buyer remains in default, the Seller is entitled to suspend obligations until the Buyer has met their payment obligation.

  3. If the Buyer remains in default, the Seller will proceed with collection. The costs related to such collection shall be borne by the Buyer. These collection costs are calculated based on the "Besluit vergoeding voor buitengerechtelijke incassokosten" (Decree on compensation for extrajudicial collection costs).

  4. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Buyer, the Seller's claims against the Buyer are immediately due and payable.

  5. If the Buyer refuses to cooperate with the execution of the order by the Seller, they are still obliged to pay the agreed price to the Seller.

Article 4: Offers, Quotations, and Price

  1. Offers are without obligation unless a period for acceptance is stated in the offer. If the offer is not accepted within that set period, the offer expires.

  2. Delivery times in quotations are indicative and do not entitle the Buyer to dissolution or compensation if exceeded, unless parties have expressly agreed otherwise in writing.

     

  3. Offers and quotations do not automatically apply to repeat orders. Parties must agree to this expressly and in writing.

     

  4. The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.

     

Article 5: Right of Withdrawal

  1. The consumer has the right to dissolve the agreement without giving reasons within 14 days after receiving the order (right of withdrawal). The period begins from the moment the (entire) order is received by the consumer.

  2. There is no right of withdrawal if the products are custom-made according to their specifications or have a short shelf life.

  3. The consumer may use a withdrawal form provided by the Seller. The Seller is obliged to make this available to the Buyer immediately upon request.

  4. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the unused and undamaged product with all delivered accessories and—if reasonably possible—in the original shipping packaging to the Seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6: Amendment of the Agreement

  1. If, during the execution of the agreement, it appears necessary to change or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

  2. If parties agree that the agreement is changed or supplemented, the time of completion may be affected. The Seller will inform the Buyer of this as soon as possible.

  3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the Seller will inform the Buyer in writing in advance.

  4. If parties have agreed on a fixed price, the Seller will indicate to what extent the amendment or supplement results in this price being exceeded.

  5. In deviation from paragraph 3 of this article, the Seller cannot charge additional costs if the change or supplement is the result of circumstances attributable to them.

Article 7: Delivery and Transfer of Risk

  1. As soon as the purchased item has been received by the Buyer, the risk passes from the Seller to the Buyer.

Article 8: Inspection and Complaints

  1. The Buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible term. The Buyer should investigate whether the quality and quantity of the delivered goods correspond with what the parties agreed upon, or at least meet the requirements applicable in normal (commercial) transactions.

  2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the Seller by the Buyer within 10 working days after the day of delivery.

  3. If the complaint is found to be justified within the set term, the Seller has the right to either repair, redeliver, or refrain from delivery and send the Buyer a credit note for that part of the purchase price.

  4. Minor and/or industry-standard deviations and differences in quality, number, size, or finish cannot be held against the Seller.

  5. Complaints regarding a specific product have no influence on other products or parts belonging to the same agreement.

  6. After the goods have been processed/used by the Buyer, complaints will no longer be accepted.

Article 9: Samples and Models

  1. If a sample or model has been shown or provided to the Buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if parties have expressly agreed that the item to be delivered will correspond with it.

Article 10: Delivery

  1. Delivery is "ex-factory/shop/warehouse." This means all costs (shipping/handling) are for the Buyer.

  2. The Buyer is obliged to take delivery of the items at the moment the Seller delivers them or has them delivered, or at the moment these items are made available to them according to the agreement.

     

  3. If the Buyer refuses delivery or is negligent in providing information or instructions necessary for delivery, the Seller is entitled to store the item at the Buyer's expense and risk.

     

  4. If the items are delivered, the Seller is entitled to charge any delivery costs.

  5. If the Seller requires data from the Buyer for the execution of the agreement, the delivery period commences after the Buyer has made this data available to the Seller.

  6. A delivery term specified by the Seller is indicative. It is never a fatal deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.

  7. The Seller is entitled to deliver the items in parts, unless parties have agreed otherwise in writing or the partial delivery has no independent value. The Seller is entitled to invoice these parts separately upon delivery.

Article 11: Force Majeure

  1. If the Seller cannot meet their obligations under the agreement, or cannot do so on time or properly due to force majeure, they are not liable for damage suffered by the Buyer.

  2. Force majeure includes any circumstance that the Seller could not have taken into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by the Buyer, such as illness, war, civil war, riot, sabotage, terrorism, energy failure, flood, earthquake, fire, company strikes, changed government measures, transport difficulties, and other disruptions in the Seller's business.

  3. Force majeure also includes the circumstance that supplier companies on which the Seller depends for the execution of the agreement do not meet their contractual obligations, unless this is attributable to the Seller.

  4. If a situation as referred to above occurs, as a result of which the Seller cannot meet their obligations, those obligations are suspended as long as the Seller cannot meet them. If this situation lasts for 30 calendar days, parties have the right to dissolve the agreement in writing, in whole or in part.

  5. If the force majeure continues for more than three months, the Buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via registered letter.

Article 12: Transfer of Rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision acts as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 13: Retention of Title and Right of Retention

  1. The items present at the Seller and delivered items and parts remain the property of the Seller until the Buyer has paid the entire agreed price. Until then, the Seller can invoke their retention of title and take back the items.

  2. If the agreed amounts to be paid in advance are not paid or not paid on time, the Seller has the right to suspend the work until the agreed part is paid. This constitutes creditor's default. A delayed delivery cannot be held against the Seller in that case.

  3. The Seller is not authorized to pledge or otherwise encumber items falling under their retention of title.

  4. The Seller undertakes to insure the items delivered to the Buyer under retention of title and keep them insured against fire, explosion, and water damage, as well as against theft, and to provide the policy for inspection upon first request.

  5. If items have not yet been delivered, but the agreed advance payment or price has not been paid according to the agreement, the Seller has the right of retention. The item will then not be delivered until the Buyer has paid in full and according to the agreement.

  6. In the event of liquidation, insolvency, or suspension of payment of the Buyer, the Buyer's obligations are immediately due and payable.

Article 14: Liability

  1. FANCT is not liable for damages that the Buyer has experienced from the products. We warn against the use of steam that is too hot, as it can cause skin burns; therefore, read the instructions carefully. Ensure that the steam water has cooled sufficiently but still emits enough steam without the risk of burns. We also advise against the excessive use of steam baths. Certain herbs can cause such tightening and drying with excessive use that they may cause small wounds during intercourse. Therefore, be aware that the products must be used in a lawful and safe manner.

  2. The Seller's liability for damage resulting from intent or deliberate recklessness by the Seller or their managing subordinates is not excluded.

Article 15: Duty to Complain

  1. The Buyer is obliged to report complaints about the work performed immediately to the Seller. The complaint should contain as detailed a description of the shortcoming as possible, so that the Seller is able to respond adequately.

  2. If a complaint is justified, the Seller is obliged to repair and possibly replace the item.

Article 16: Guarantees

  1. If guarantees are included in the agreement, the following applies. The Seller guarantees that the sold item conforms to the agreement, that it will function without defects, and that it is suitable for the use the Buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the items by the Buyer.

  2. The purpose of this guarantee is to establish a risk distribution between the Seller and the Buyer such that the consequences of a breach of guarantee are always fully at the expense and risk of the Seller and that the Seller can never invoke Article 6:75 of the Dutch Civil Code regarding a breach of guarantee. This also applies if the breach was known to the Buyer or could have been known by conducting an investigation.

  3. The stated guarantee does not apply if the defect arose as a result of improper or unintended use or if—without permission—the Buyer or third parties have made changes or tried to make changes or used the purchased item for purposes for which it is not intended.

  4. If the guarantee provided by the Seller concerns an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17: Applicable Law and Competent Court

  1. Dutch law is exclusively applicable to every agreement between the parties.

  2. The Dutch court in the district where FANCT is established/has its office is exclusively competent to take note of any disputes between parties, unless the law imperatively prescribes otherwise.

  3. The applicability of the Vienna Sales Convention is excluded.

  4. If one or more provisions of these general terms and conditions are deemed unreasonably burdensome in a judicial procedure, the remaining provisions will remain in full force.