General terms and conditions

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (B2C)

Article 1: Definitions

  1. Seller: FANCT, established in Rotterdam, Chamber of Commerce (KvK) number: 76791637.

  2. Buyer: The natural person acting as the counterparty to the Seller.

  3. Parties: The Seller and the Buyer collectively.

  4. Agreement: The purchase agreement between the Parties.

Article 2: Applicability

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

  2. Any deviation from these terms is only valid if expressly agreed upon in writing by both Parties.

Article 3: Payment

  1. The full purchase price is due immediately upon order. For specific reservations, a deposit may be required, for which the Buyer will receive written proof.

  2. If the Buyer fails to pay on time, they are in default. The Seller reserves the right to suspend all obligations until the payment is fulfilled.

  3. In the event of continued default, the Seller will initiate collection proceedings. All associated costs will be borne by the Buyer in accordance with the Decree on Compensation for Out-of-Court Collection Costs.

  4. In the event of liquidation, bankruptcy, seizure, or suspension of payments, all claims against the Buyer become immediately due and payable.

Article 4: Offers and Pricing

  1. Offers are non-binding unless a specific acceptance period is stated.

  2. Delivery times provided in quotations are indicative. Exceeding these times does not entitle the Buyer to termination or compensation unless explicitly agreed in writing.

  3. Prices stated on offers and invoices include applicable VAT and government levies.

Article 5: Right of Withdrawal

  1. The consumer has the right to cancel the agreement within 14 days of receiving the order without providing a reason.

  2. Exceptions: There is no right of withdrawal for products that are custom-made to Buyer specifications, have a short shelf life, or products where the seal has been broken after delivery (due to hygiene and health protection).

  3. The consumer must handle the product and packaging with care during the cooling-off period. Products must be returned unused, undamaged, and (where possible) in the original packaging.

Article 6: Delivery and Transfer of Risk

  1. Risk of loss or damage to the product passes to the Buyer at the moment the item is received by the Buyer or a designated representative.

Article 7: Inspection and Complaints

  1. The Buyer is obliged to inspect the goods upon delivery.

  2. Complaints regarding damage, shortages, or loss must be submitted in writing to the Seller within 10 business days of delivery.

  3. If a complaint is justified, the Seller may choose to repair, re-deliver, or provide a credit note for the purchase price.

Article 8: Delivery Terms

  1. Delivery takes place 'ex works/warehouse,' meaning shipping/delivery costs are generally borne by the Buyer unless otherwise stated.

  2. A specified delivery period is an estimate and not a strict deadline. If exceeded, the Buyer must provide the Seller with a written notice of default.

Article 9: Force Majeure

  1. The Seller is not liable for damages if they cannot fulfill obligations due to force majeure (e.g., illness, war, strikes, transport difficulties, or failure of suppliers).

  2. If force majeure lasts longer than 30 days, both parties may terminate the agreement. If it exceeds three months, the Buyer may terminate via registered letter.

Article 10: Retention of Title

  1. All delivered goods remain the property of the Seller until the Buyer has paid the full purchase price. The Seller may invoke this retention of title and repossess the goods if payment is not met.

Article 11: Liability & Safety Warning

  1. Health Warning: FANCT is not liable for damage resulting from improper use of products. We explicitly warn against using excessively hot steam, which can cause skin burns. Buyers must read instructions carefully and ensure water has cooled to a safe temperature.

  2. Excessive Use: Excessive use of steam baths or certain herbs can cause dryness or irritation. The Buyer is responsible for using the products in a safe and authorized manner.

  3. The Seller is not liable for damage resulting from intent or deliberate recklessness by the Seller or its management.

Article 12: Warranties

  1. The Seller warrants that the goods conform to the agreement and are suitable for the intended use for a period of two calendar years, unless the product by its nature (consumables/herbs) has a shorter lifespan.

  2. The warranty is void if the defect arises from improper use, unauthorized changes, or use for purposes other than those intended.

Article 13: Applicable Law

  1. All agreements between the Parties are governed exclusively by Dutch Law.

  2. The court in the district where FANCT is established has exclusive jurisdiction over disputes, unless mandatory law dictates otherwise.

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