Standard terms and conditions of business
(The following standard terms and conditions of business also contain statutory information about your rights according to the law regulating distance selling contracts, including online shops)
1. Scope of application and supplier
These standard terms and conditions apply to all contracts that a consumer or business person enters into with us,
Dr. Rath Health Programs B.V.,
Postbus 657, NL – 6400 AR Heerlen
Commercial register no.: 06086003
Telephone: 0031 - 457 - 111 111
Fax: 0031 - 457 - 111 119
A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to their commercial or freelance professional activities. We do not accept any contradictory or differing terms and conditions of the customer, unless we have expressly consented to their application.
2. Order and conclusion of contract
(1) The representation of products in our online shop shall not constitute a legally binding offer, but rather an invitation to place an order. The customer can choose from our range of products and collect the chosen items in a so-called shopping basket. By clicking the order button “Order now with costs”, a binding order will be placed for the goods contained in the shopping basket and a binding offer for the conclusion of a contract will be submitted. Before sending the order, the customer may at any time inspect and change the data. The offer to conclude a purchasing agreement may be made only once the customer has accepted the terms and conditions by ticking the relevant box and once he/she has acknowledged the notice of cancellation.
(2) The receipt of the order will be confirmed by an automatic email. However, the order confirmation does not represent an acceptance of the offer but acknowledges that we have received the order. The order will be specified again on the order confirmation. A contract shall not come into effect until we accept your order by a declaration of acceptance or by delivering the goods. Whether or not an order is accepted is solely at our discretion.
3. Delivery, availability and retention of title
The delivery of the goods shall take place within 5 working days of receipt of the order or – where payment in advance is agreed – after receipt of payment. If applicable, we make reference to any possible different delivery date on the relevant item page.
We are entitled to make partial deliveries provided that it is reasonable for you to accept this.
We deliver either by parcel service, post or shipping company.
We retain ownership to the delivered goods until all amounts payable to us by you - now or in the future - have been paid.
4. Method of payment, prices and delivery costs
The available payment methods for the respective delivery area and respective kind of order can be found in the following tables.
* Existing customers are customers who already have a registered customer account in the online shop and who have already placed at least one order via this customer account.
Printed order form (letter, fax, telephone)
All prices specified by us are inclusive of the statutory value added tax applicable at the relevant.
In addition to the prices quoted, we will charge the shipping and cash-on-delivery (COD) costs explicitly stated in the order process or on the printed order form, if COD has been selected as the shipping method.
In the case of cash on delivery, the total amount (purchase price, shipping costs and COD costs, if applicable) shall be paid directly to the deliverer.
When placing an order through the catalogue/order form, a subscription order is possible. You can choose the 1st or 15th of a month as delivery dates for a subscription order. The product mix of a subscription can be changed within a notice period of 14 days to the next delivery date. A processing fee of 6.90 EUR (including the relevant applicable value added tax and all other price components) is levied for each amendment to a subscription order. The product mix of a subscription can be changed within a notice period of 14 days to the next delivery date.
5 Right of cancellation
If you are a consumer, you have a right to cancel your order in accordance with the statutory provisions. A sample withdrawal form can be found here.
You have the right to cancel this contract within 14 days without stating any reasons. The deadline for cancellation is 14 days from the day on which you or a third party named by you (who is not the carrier) obtain possession of the goods.
In order to exercise your right of cancellation you must inform us,
Dr. Rath Health Programs B.V.
of your decision to cancel the contract by an unambiguous declaration, (e.g. a letter sent by post, fax or email). For this purpose, you can use the sample withdrawal form enclosed with your order, though this is not mandatory. This form can also be found here.
To comply with the deadline for cancellation, it is sufficient that you send off the notice exercising your right of cancellation prior to the expiry of the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we must pay back all payments that we have received from you, including delivery costs (excluding the additional costs resulting from you choosing a type of delivery other than the standard delivery offered by us) without delay and – at the latest - within 14 days of receipt of the notice of cancellation by us. Unless expressly agreed otherwise with you, we will use the same method of payment for return payments as the method used by you for the original transaction; in no circumstances will you be charged a fee for the return of the payment. We can refuse to return the payment until we have received the goods back from you or until you can demonstrate that you have returned the goods, whichever is earlier.
You must send or hand the goods back to us without delay and in any event within 14 days at the latest after informing us of the cancellation of this contract. The deadline is complied with if you send the goods back to us before the deadline has expired. We will bear the cost of returning the goods. You must only pay for any loss in the value of the goods if this loss in value is due to you handling the goods other than is necessary to inspect the quality, characteristics or functioning of the goods.
End of cancellation policy.
6. Data protection
We collect and process the following personal data with the order: title, name, home address, delivery address, date of birth, email address, telephone number, bank account details (depending on the selected type of payment method), credit card information (name of cardholder, credit card number, expiry date and card verification number).
We store your data for purposes required for the fulfillment of the contract, including pre-contractual communication, and will delete it as soon as we are no longer legally obligated to store it, that is, after the fulfillment of the contract and expiry of regulations according to tax law and commercial law. We will pass on your name and delivery address to an authorized shipping company for the purpose of delivering your order. Depending on the selected type of payment method, we will share bank account or credit card information with the responsible credit institution in order to process the payment. The legal basis for this data processing is Art. 6 Sec. 1 Sentence 1 lit. b) GDPR since this data is necessary in order to fulfill our contractual obligations. Without collecting, storing and processing the data the execution of the contract is not possible.
If you provide us with your email address, we will send you product recommendations on a regular basis. You will receive these product recommendations irrespective of whether or not you have subscribed to our newsletter. You may at any time refuse the receipt of product recommendations. For this purpose, you can simply inform us in form of a written note (e.g. email, fax, letter). You will also find an unsubscribe link in every email. The legal basis for this data processing is Art. 6 Sec. 1 Sentence 1 lit. f) GDPR since the targeted information of our existing customers is our legitimate interest.
If a product supplied by us is defective, you are entitled to your statutory rights of guarantee.
8. Applicable law
These standard terms and conditions of business and our entire business relationship are subject to the law of the Netherlands. In relation to consumers, this choice of law only applies to the extent that the consumer is not denied the protection of the mandatory laws of the state in which the consumer is habitually resident.
9. Concluding provisions
Amendments or supplements to these standard terms and conditions of business and the contracts that they form part of must be made in writing. This also applies to the removal of this requirement for the written form.
If individual provisions of these standard terms and conditions of business or the contracts they form part of should be or become invalid in law, this shall not affect the validity of the remaining provisions of these standard terms and conditions of business. The legally invalid provision shall be replaced by such legally valid provision that comes closest to achieving the commercial purpose of the invalid provision. This provision shall apply, by way of analogy, to any gaps in the provisions.