Terms and conditions

Name: Transformation & Ko B.V.

Address: Paxtonstraat 3N

PC - Place: 8013 RP ZWOLLE

Email: [email protected]

Website: www.de-gelukkige-eter.nl

Chamber of Commerce No.: 59 99 24 17

VAT No.: NL853722882B01

Legal language is hard enough! Therefore, in these general terms and conditions, several concepts that appear in the articles are explained:

Offer: the proposal (whether or not verbal) that leads to a contract after your acceptance (as meant in Article 6:217 of the Civil Code).

Cancellation: all forms of terminating or dissolving the agreement.

Reflection period: the period within which you can exercise your right of withdrawal.

Day: calendar day.

Durable medium: any means that enables you to store information directed to you personally in a way that future consultation and unchanged reproduction of the stored information is possible.

Direct damage: The reasonable costs to determine the cause and extent of the direct damage. The possible reasonable costs incurred to make the deficient performance of Transformation & Ko B.V. comply with the agreement unless these cannot be attributed to Transformation & Ko B.V.

The reasonable costs incurred to prevent or limit damage. But only to the extent that you can demonstrate that these costs have led to limitation of direct damage. 

Continuing performance contract: a contract (whether or not at a distance) relating to a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.

Mistake: a culpable failure to fulfill the agreement.

Use: the reproduction and/or public disclosure in accordance with the Copyright Act.

Assignment: the service or product provided by Transformation & Ko B.V. In these conditions, both assignment and a contract are mentioned, with the same meaning intended.

Client: The natural person who does not act in the exercise of a profession or business (also called client, private individual, or consumer),

or the (legal) person - including companies without legal personality, such as the sole proprietorship or partnership - with whom Transformation & Ko B.V. concludes a contract (also called business client, entrepreneur, or business).

Agreement: the agreement or agreements, both oral and written, between you and Transformation & Ko B.V. This describes in writing or has been discussed orally which service Transformation & Ko B.V. will provide against which fee and under which conditions. In these conditions, both an agreement and a contract are mentioned, with the same meaning intended.

Distance contract: a contract where you literally make a purchase at a distance, such as a purchase via the webshop.

Force majeure: in addition to what is understood by force majeure in law and jurisprudence, this includes all external causes, foreseen or unforeseen, over which Transformation & Ko B.V. can exert no influence. And by which Transformation & Ko B.V. is not able or not timely able to fulfill its obligations.

Force majeure includes (and thus not exclusively):

• mobilization, war, riot, terrorism;
• A day or days of national mourning;
• Quota or other government measures;
• Government decisions;
• Labor strike;
• Natural disasters;
• Illness or (short-term) incapacity for work of Transformation & Ko B.V.;
• Deaths within the family or circle of friends;
• Epidemics or pandemics;
• Computer failures;
• Delayed deliveries from third parties or other force majeure situations at third parties;

Parties: You and Transformation & Ko B.V. are together.

Written: All communication between you and Transformation & Ko B.V. is related to the assignment. This also means electronic, via social media, or otherwise.

Remote communication technology: means that can be used to conclude a contract without the parties being together in the same room.

Fee: the fee agreed for the assignment. Any additional costs such as travel, telephone, accommodation, facility, reproduction costs, and VAT are charged separately.

These general terms and conditions apply to:

1. Every offer from Transformation & Ko B.V.; and,
2. Every contract concluded (at a distance), and,
3. All orders are between parties, and all contracts are concluded with affiliate partners of Transformation & Ko,
4. These conditions apply to both the client as a natural and legal person. 
5. The right of withdrawal only applies to contracts between Transformation & Ko B.V. and the client.
6. Before the distance contract is concluded, the text of these general terms and conditions is made available to you.
7. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at Transformation & Ko B.V. and will be sent to you as soon as possible at no cost upon request.
8. If the contract is concluded electronically at a distance, the text of these general terms and conditions will be made available to you electronically. 
9. In case specific product or service conditions are also applicable besides these general terms and conditions, in the case of conflicting conditions, you can always invoke the applicable provision that is most favorable to you. Additional or deviating provisions from these general terms and conditions may not be to your disadvantage. These provisions must be recorded in writing or in such a way that you can store them in an accessible manner on a durable medium.
10. If there is uncertainty about the interpretation of one or more provisions of these conditions, the interpretation must take place 'in the spirit' of these conditions. In other words, What did the parties intend to regulate?
11. If one or more provisions in these conditions are declared wholly or partially null and void, may become null and void, or are destroyed at any time, then the remainder of these conditions shall remain fully applicable.
12. The parties will then consult to agree on new provisions to replace the void or destroyed provisions. This will ensure that the purpose and intent of the original provisions are taken into account as much as possible.

1. Transformation & Ko B.V. offers only via the website/webshop or mail.
2. If an offer or quotation has a limited duration or is made under conditions, this will be explicitly stated in the offer or quotation.
3. The offer is without obligation. Transformation & Ko B.V. has the right to change and adjust the offer.
4. The offer contains a complete and accurate description of the services offered, detailed enough for you to assess the offer properly.
5. If Transformation & Ko B.V. uses images, they are a truthful representation of the offered products or services.
6. An offer made or a quotation does not automatically apply to future quotations or assignments.
7. All images, specifications, or data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
8. Every offer contains such information that it is clear to you what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
   • The price, including taxes;
   • Any shipping costs;

The manner in which the contract will be concluded and what actions are required for this, and whether or not the right of withdrawal applies;

1. The method of payment, delivery, and execution of the contract;
2. The period for accepting the offer, or the period during which Transformation & Ko B.V. guarantees the price;
3. The rate of the remote communication technology fee if the costs of using the remote communication technology are calculated on a different basis than the regular base rate for the communication tool used;
4. Whether the contract is archived (order history) after its conclusion, and if so, how it can be consulted by you;
5. The manner in which you can check and, if desired, correct the information provided in the context of the contract before closing the contract;
6. The other languages in which, besides English, the contract can be concluded;
7. The possible codes of conduct to which Transformation & Ko B.V. has committed itself and the manner in which you can consult these codes of conduct electronically; and
8. The minimum duration of the distance contract in the case of a continuing performance contract.

1. The agreement is concluded, at the moment, you accept the offer and comply with the conditions set (subject to the provisions in paragraph 4).
2. If you have accepted the offer electronically, Transformation & Ko B.V. immediately confirms receipt of the acceptance of the offer, Transformation and Ko B.V. does this electronically.
3. As long as the receipt of this acceptance has not been confirmed by Transformation & Ko B.V., you can dissolve the agreement.
4. If the contract is concluded electronically, Transformation & Ko B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data. She also ensures a secure web environment.
5. Transformation & Ko B.V. can, within legal frameworks, inform itself whether you can meet your payment obligations. This also applies to all the facts and factors that are important for a responsible conclusion of the distance contract.
6. Transformation & Ko B.V. will send the following information to you with the product or service (in writing or in such a way that it can be stored by you in an accessible manner on a durable medium). 
   • The postal address of the establishment of Transformation & Ko B.V., where you can go with any complaints. 
   • The conditions under which and the manner in which you can make use of the right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal. 
   • The information about any guarantees and existing services after purchase.
   • The data included in paragraph 6 of Article 3 of these conditions unless Transformation & Ko B.V. has already provided this information to you before the execution of the contract.
   • The requirements for terminating the contract are as follows: if the contract has a duration of more than one year or is indefinite.
7. If there is a continuing performance contract, the statement in paragraph 7 of Article 4 applies only to the first delivery.
8. Every contract is entered into if there is sufficient availability of the relevant product, where applicable. This is a suspensive condition, which means that the contract is concluded if it turns out that the product is available.

In the delivery of products applies:

1. When purchasing physical products, you have the option to dissolve the contract without giving reasons for 14 days. 
2. This reflection period starts on the day after you have received the product or.
3. If you wish to use the right of withdrawal, you must notify Transformation & Ko B.V. within 14 days of receipt of the product.
4. During the reflection period, you will carefully handle the product and its packaging. You will only unpack or use the product to the extent necessary to assess its nature, characteristics, and functioning. The starting point is that you may only handle and inspect the product as allowed in a store.
5. The notification of withdrawal is done using the return form provided.
6. After you have indicated that you wish to use the right of withdrawal, you must return the product within 14 days. You must prove that the delivered goods have been returned in time, for example, by means of proof of shipment.
7. If you have yet to indicate within the periods mentioned in this article that you wish to make use of the right of withdrawal or if you have yet to return the product to Transformation & Ko B.V., the purchase is a fact.

In the delivery of services applies:

1. When delivering services, you have the option to dissolve the contract without giving reasons for fourteen days from the day you enter into the contract.
2. To exercise the right of withdrawal, Transformation & Ko B.V. will follow the reasonable and clear instructions provided by her at the offer and/or, at the latest, upon delivery.

1. If you use the right of withdrawal, the return shipment costs are for your account.
2. If you have already paid an amount, Transformation & Ko B.V. will refund this amount as soon as possible, or in any case, within 14 days after withdrawal.
3. However, the condition is that the product has already been received back by Transformation & Ko B.V. (if it concerns a product), or conclusive proof of complete return can be provided.
4. A refund is made using the same payment method you used unless you explicitly permit another payment method.
5. If the product is damaged due to your careless handling, you are liable for any depreciation.

Transformation & Ko B.V. can exclude your right of withdrawal (as referred to in Article 6:230p, of the Civil Code).

The right of withdrawal is excluded:

1. If the delivery of the service has started with your express consent before the reflection period has expired, and you have declared to waive the right to dissolve,
2. If the delivery of digital content is not supplied on a material carrier, to the extent that the performance has begun with the express prior consent of you as a consumer. (this can be read back in Article 6:230p, sub d, under 1, and sub g, of the Civil Code).
3. The right of withdrawal is excluded only if Transformation & Ko B.V. clearly states this in the offer, at least in time for the contract to be concluded. You will encounter this during the online payment process.

1. You can terminate an agreement entered into for an indefinite period and intended for the regular delivery of products or services at any time. The agreed termination rules and a notice period of at most one month must be observed.
2. You can terminate an agreement entered into for a definite period and intended for the regular delivery of products or services at the end of that agreement. You observe the agreed termination rules and a notice period of at most one month.
3. Agreements entered into for a definite period and intended for the regular delivery of products and services are tacitly extended for an indefinite period after the expiry of that period. After tacit extension, you have the right to terminate at any time with a notice period of one month.
4. Agreements with a duration of more than a year may be terminated by you at any time after a year with a notice period of one month unless reasonableness and fairness are opposed to termination before the end of the agreed duration.

1. The prices of the offered products and services will not increase during the period mentioned in the offer, except for price changes due to changes in VAT rates.
2. Transformation & Ko B.V. can offer products and services whose prices are linked to fluctuations in the financial market, over which Transformation & Ko B.V. has no influence at variable prices. This is binding to fluctuations, and the fact that any prices mentioned are guide prices is stated in the offer.
3. Price increases within three months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if Transformation & Ko B.V. has stipulated this and:
   • They are the result of statutory regulations or provisions or,
   • You have the authority to terminate the contract from the day the price increase takes effect.
5. The prices mentioned in the offer of products and services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of (evident) printing and typesetting errors.
7. In the event of printing and typesetting errors, Transformation & Ko B.V. is not obliged to deliver the product or service at the incorrect price.

1. All products delivered by Transformation & Ko B.V. within the framework of the agreement remain the property of Transformation & Ko B.V. until you have fulfilled all obligations arising from the agreement(s) concluded with Transformation & Ko B.V. These obligations include, among others, the purchase price, any surcharges based on these conditions or the agreement, interest, taxes, costs, and damages.
2. Products delivered by Transformation & Ko B.V. that fall under the retention of title as referred to in this article may not be resold and may never be used as a means of payment.
3. You are not authorized to pledge or otherwise encumber the products subject to retention of title.
4. You are required to do everything that can reasonably be expected of you to secure the property rights of Transformation & Ko B.V.
5. If third parties seize the products delivered under retention of title or want to establish or assert rights thereon, you are obliged to inform Transformation & Ko B.V. immediately.
6. In the event that Transformation & Ko B.V. wishes to exercise its property rights referred to in this article, you give unconditional and irrevocable permission to Transformation & Ko B.V. (and third parties designated by Transformation & Ko B.V.) in advance. This permission is intended to allow all those places where the properties of Transformation & Ko B.V. are located to be entered. Transformation & Ko B.V. is then authorized to take back these products.

Transformation & Ko B.V., of course, believe that you have a right to a good product/good service that must comply with the following:

• The agreement;
• The specifications mentioned in the offer;
• The reasonable requirements of soundness and/or usability;
• The existing legal provisions and/or government regulations at the date of the conclusion of the agreement.

1. Transformation & Ko B.V. strives to serve you as well as possible. She will take the greatest possible care when receiving and executing orders.
2. The place of delivery is the address that you have made known to Transformation & Ko B.V., or any other locations agreed upon.
3. Transformation & Ko B.V. will execute accepted orders expeditiously and, at the latest, within 30 days unless you have agreed to a longer delivery period.
4. If delivery is delayed or an order cannot or can only be partially executed, you will be notified as soon as possible. In any case, you will receive this message within 30 days after you have placed an order. You have the right to dissolve the contract without costs, but you do not have a right to compensation.
5. All delivery times are indicative. You cannot derive any rights from any of the mentioned terms. Exceeding a term does not give you a right to compensation.
6. In the event of dissolution, Transformation & Ko B.V. will refund the amount you paid as soon as possible, but at the latest within 14 days after dissolution.
7. Cancellation of the assignment under conditions other than these is not possible.

1. The payment obligation arises as soon as there is an agreement.
2. Invoicing is done digitally and in Euros.
3. Transformation & Ko B.V. asks you to pay the amounts due in advance immediately with the digital purchase.
4. If you enter into a continuing performance contract, you issue a direct debit, and the amount will be debited in monthly installments. You will receive an invoice for this on request.
5. Always immediately report any inaccuracies in the payment details provided or stated to Transformation & Ko B.V.
6. In the event of non-payment, Transformation & Ko B.V. has the right to charge the reasonable costs made known to you in advance unless there are statutory limitations.

If Transformation & Ko B.V. should be liable, this applies in any case not to:

1. Mistakes or shortcomings in the material or data provided by you;
2. Misunderstandings, mistakes, or shortcomings regarding the execution of the agreement if these have their origin or cause in actions of the client, such as not timely or not providing complete, sound, and data/materials;
3. Mistakes or shortcomings of third parties engaged by or on behalf of Transformation & Ko B.V. You indemnify Transformation & Ko B.V. against this and indemnify Transformation & Ko B.V. against all claims from third parties which are directly or indirectly, immediately or immediately related to the execution of the agreement and all related financial consequences;

Force majeure situations, Unless there is a statutory obligation to do so,:

• In the event of a mistake on the part of Transformation & Ko B.V., Transformation & Ko B.V. is only liable for the amount that the insurer pays out and should this unexpectedly not be the case, for replacement compensation of the invoice amount.
• Any other liability for any other form of damage is excluded, including compensation for indirect damage, consequential damage, or damage due to lost turnover or profit.
• Liability of Transformation & Ko B.V., including consequential damage, lost profit, missed savings, mutilated or perished data or materials, or damage due to business interruption, is completely excluded.
• Except in the event of intent or deliberate recklessness of Transformation & Ko B.V. or when there is a statutory obligation, the liability of Transformation & Ko B.V. is limited to the fee of Transformation & Ko B.V. for the assignment, or at least that part of the assignment to which the liability relates.

1. All existing and arising intellectual property rights (including, for example, patent rights, trademark rights, design or model rights, and copyright) on the results from the assignment accrue to Transformation & Ko B.V.
2. Insofar as such a right can only be obtained by a deposit or registration, only Transformation & Ko B.V. is authorized to do so.
3. Transformation & Ko B.V. has the right to charge a reasonable fee, determined by itself but reasonable, in the event of a proven infringement of the rights referred to in this article. It is also possible to claim damages.

1. Transformation & Ko B.V. complies with the privacy rules for processing personal data as set out in the General Data Protection Regulation.
2. For more information, please refer to the Transformation & Ko B.V privacy statement.

Transformation & Ko B.V. is not obliged to fulfill any obligation towards you:

• If she is hindered as a result of a circumstance that is not due to fault, and neither by law, a legal act, or generally accepted views comes at her expense.
• Transformation & Ko B.V. can suspend the obligations from the contract during the period that the force majeure continues. If this period lasts longer than two months, then each party has the right to terminate the contract, without obligation to compensate the other party for damage.
• If Transformation & Ko B.V. has partially fulfilled its obligations from the contract at the time of the occurrence of force majeure or will be able to fulfill them, Transformation & Ko B.V. has the right to invoice the already fulfilled (respectively fulfillable part) separately. You are obliged to pay this invoice as if it were a separate contract.

In the event of force majeure, Transformation & Ko B.V. will make reasonable efforts to provide you with an alternative soluti if you desireed.

Transformation & Ko B.V. naturally does everything it can to prevent complaints!

1. Always inspect the delivered products for defects immediately after the products have been made available to you. You should then investigate whether the quality and/or quantity corresponds to what has been agreed.
2. A complaint about the performance of the contract must be submitted within seven days. You do this by describing fully and clearly - and with a clear photo - by email to Transformation & Ko B.V. after you have noticed the defects. 
3. If a defect is notified after seven days, you no longer have the right to repair, replace, or compensate.
4. The timely submission of a complaint does not suspend the payment obligation. In that case, you also remain obliged to take delivery and payment of the possibly other ordered products.
5. Complaints submitted to Transformation & Ko B.V. will be answered within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, Transformation & Ko B.V. will respond within the period of 14 days with a receipt notice and an indication when you can expect a more detailed answer.
6. If a complaint is found justified by Transformation & Ko B.V., Transformation & Ko B.V. will look for an appropriate solution.
7. If it turns out that the complaint(s) cannot be resolved by mutual agreement, you can turn to the European ODR platform (http://ec.europa.eu/odr) in the second instance.

1. There is a dispute if one of the parties states this.
2. Parties will first make every effort to resolve a dispute by mutual agreement. If that does not work, parties can appeal to the court.
3. Unless the law prescribes otherwise, the court within the district of Transformation & Ko B.V.'s location is exclusively competent to hear disputes.
4. The contract is exclusively governed by Dutch law, even if you are a foreign, that is, non-Dutch, client.
5. The Vienna Sales Convention does not apply.