Terms of service

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Extended-duration transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or take delivery is spread over time;
  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  • Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can complete when they wish to exercise their right of withdrawal;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
  • Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time;
  • Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Somamind, Veraartlaan 12, 2288 GM Rijswijk
Email address: support@somamind.co
Chamber of Commerce (KvK) number: 87405253
VAT identification number: NL004410256B72

Article 3 – Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these terms and conditions are to be assessed "in the spirit" of these terms and conditions.
  7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted "in the spirit" of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.

  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

  5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.

  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    • the price including taxes;
    • any shipping costs;
    • the manner in which the contract will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the contract;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the charge for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular base rate for the means of communication used;
    • whether the contract is archived after it has been concluded, and if so, how the consumer can consult it;
    • the manner in which, before concluding the contract, the consumer can check and, if desired, correct the data they have provided under the contract;
    • any other languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an extended-duration transaction.

    Optional: available sizes, colours, types of materials.

Article 5 – The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur may — within legal limits — inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
  5. The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it on a durable medium in an accessible manner, together with the product or service:
    • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    • the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about guarantees and existing after-sales service;
    • the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before performance of the contract;
    • the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. In the case of an extended-duration transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

On the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 14 days. This cooling-off period commences on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
  2. 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 the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and — if reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
  4. If the customer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

On the delivery of services:

  1. When delivering services, the consumer has the option to dissolve the contract without stating reasons for a period of at least 14 days, commencing on the day the contract is entered into.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, they will bear at most the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    • created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • that can spoil or age quickly;
    • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygiene products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    • whose delivery has begun, with the consumer's express consent, before the cooling-off period has expired;
    • concerning betting and lotteries.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer, at variable prices, products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations, and the fact that any stated prices are target prices, are stated with the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
  4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. The entrepreneur is, however, never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
    • the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The entrepreneur will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed, or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to any compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.
  7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Extended-duration transactions: duration, cancellation and renewal

Cancellation

  1. The consumer may, at any time, cancel a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services, with due observance of the cancellation rules agreed for this purpose and a notice period of no more than one month.
  2. The consumer may, at any time, cancel a contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services, against the end of the fixed term, with due observance of the cancellation rules agreed for this purpose and a notice period of no more than one month.
  3. With regard to the contracts referred to in the previous paragraphs, the consumer may:
    • cancel at any time and not be restricted to cancellation at a specific time or in a specific period;
    • at least cancel them in the same manner in which they were entered into;
    • always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

  1. A contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  2. Notwithstanding the previous paragraph, a contract entered into for a fixed period that provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel this renewed contract against the end of the renewal with a notice period of no more than one month.
  3. A contract entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the contract provides for the regular — but less than once a month — delivery of daily, news and weekly papers and magazines.
  4. A contract of limited duration for the regular trial delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
  2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In the event of the consumer's non-payment, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first turn to the entrepreneur.
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these terms and conditions relate. This also applies if the consumer resides abroad.
  2. The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or differing provisions

Additional provisions, or provisions differing from these terms and conditions, may not be to the consumer's detriment and must be recorded in writing, or in such a way that the consumer can store them on a durable medium in an accessible manner.