Terms and Conditions

 

Terms and Conditions of Explorer Essence

This website is managed by Explorer Essence. Throughout the site, the terms "we," "us," and "our" refer to Explorer Essence. Explorer Essence offers this website, including all information, tools, and services available on this site, to you, the user, provided that you accept all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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 does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: Calendar day;

  • Continuing transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: The ability for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers;

  • Distance contract: A contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract;

  • Remote communication technology: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room simultaneously.

Article 2: Identity of the Entrepreneur

  • Email Address: info@exploreressence.eu

  • Business Name: Explorer Essence

  • Chamber of Commerce Number: 96480467

  • Address: Lekbandijk 79, 4119RB, Ravenswaaij

Article 3: Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order established between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. 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 the entrepreneur’s premises and will be sent free of charge at the consumer’s request as soon as possible.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request, either electronically or in another way.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer may always rely on the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.

Article 4: The Offer If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

  • The price, excluding clearance costs and import VAT, which will be borne by the customer;

  • Any shipping costs;

  • The manner in which the agreement will be established and what actions are required;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • The way in which the consumer can verify and correct the information provided before concluding the contract;

  • The available languages in which the agreement can be concluded;

  • The behavioural codes to which the entrepreneur is subject and how the consumer can consult them electronically.

Article 5 – The Agreement

The agreement is established at the moment the consumer accepts the offer and meets the associated conditions, subject to the provisions in paragraph 4.

If the consumer has accepted the offer electronically, Explorer Essence will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by Explorer Essence, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Explorer Essence will implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, Explorer Essence will take appropriate security measures.

Within legal frameworks, Explorer Essence may verify whether the consumer can fulfill their payment obligations, as well as investigate any other relevant facts and factors for responsibly entering into a remote agreement. If, based on this investigation, Explorer Essence has valid reasons not to proceed with the agreement, it has the right to refuse an order or request with justification or to attach special conditions to its execution.

Explorer Essence will provide the following information to the consumer, in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:

  1. The business address of Explorer Essence where the consumer can submit complaints.
  2. The conditions under which and the method by which the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded.
  3. Information about warranties and existing after-sales services.
  4. The data included in Article 4, paragraph 3 of these terms, unless Explorer Essence has already provided this information to the consumer before the execution of the agreement.
  5. The conditions for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and notified to Explorer Essence, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return the product, including all supplied accessories, in its original condition and packaging if reasonably possible, in accordance with the reasonable and clear instructions provided by Explorer Essence.

If the consumer wishes to exercise their right of withdrawal, they must notify Explorer Essence within 14 days of receiving the product via a written message/email to info@exploreressence.eu. After informing Explorer Essence, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example, with a shipping receipt.

If the consumer does not notify Explorer Essence within the timeframes mentioned in paragraphs 2 and 3 or does not return the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the product are their responsibility.

If the consumer has made a payment, Explorer Essence will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or conclusive proof of complete return has been presented.

Article 8 – Exclusion of the Right of Withdrawal

Explorer Essence may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if Explorer Essence has clearly stated this in the offer, or at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. That have been created according to the consumer's specifications.
  2. That are clearly personal in nature.
  3. That cannot be returned due to their nature.
  4. That spoil or age quickly.
  5. Whose price is subject to fluctuations in the financial market beyond Explorer Essence’s control.
  6. That consist of individual newspapers and magazines.
  7. That include audio and video recordings or computer software where the consumer has broken the seal.
  8. That are hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. Related to accommodation, transportation, restaurant services, or leisure activities to be provided on a specific date or during a specific period.
  2. Where delivery has begun with the consumer's explicit consent before the cooling-off period has expired.
  3. Related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from adjustments in VAT rates.

Notwithstanding the previous paragraph, Explorer Essence may offer products or services with variable prices if they are subject to fluctuations in the financial market beyond its control. This dependency on market fluctuations and the fact that any listed prices are guide prices will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after three months from the conclusion of the agreement are only allowed if Explorer Essence has stipulated this and:

  1. They result from legal regulations or provisions; or
  2. The consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of delivery is determined based on Article 5, paragraph 1 of the Dutch Turnover Tax Act of 1968, meaning that delivery occurs in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or customs clearance fees from the customer. Therefore, Explorer Essence will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing or typographical errors, Explorer Essence is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

Explorer Essence guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect on the date of the agreement’s conclusion. If agreed upon, Explorer Essence also guarantees that the product is suitable for uses beyond normal application.

A warranty provided by Explorer Essence, the manufacturer, or the importer does not affect the legal rights and claims the consumer may assert against Explorer Essence under the agreement.

Any defects or incorrectly delivered products must be reported to Explorer Essence in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period provided by Explorer Essence corresponds to the manufacturer’s warranty period. However, Explorer Essence is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty 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, have been handled carelessly, or have been used contrary to the instructions provided by Explorer Essence and/or the packaging.
  • The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

Explorer Essence will exercise the utmost care in receiving and processing orders for products.

Subject to what is stated in Article 4 of these general terms and conditions, Explorer Essence will execute accepted orders with due speed but no later than 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 partially executed, the consumer will be informed within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation where applicable.

In case of termination as per the previous paragraph, Explorer Essence will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, Explorer Essence will make every effort to offer a suitable replacement. At the latest upon delivery, it will be clearly stated that a replacement product is being provided.

For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment in such cases will be covered by Explorer Essence.

The risk of damage and/or loss of products remains with Explorer Essence until the moment of delivery to the consumer or a previously designated representative known to Explorer Essence, unless expressly agreed otherwise.

Article 12 – Ongoing Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement of indefinite duration, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and with a notice period of no more than one month.

The consumer may terminate a fixed-term agreement, which involves the regular delivery of products (including electricity) or services, at the end of the agreed duration, subject to the agreed-upon termination rules and with a notice period of no more than one month.

The consumer may:

  • Terminate the agreements mentioned above at any time, without restriction to a specific time or period.
  • Terminate the agreement in the same manner in which it was originally entered into.
  • Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. If the agreement concerns the regular but less-than-monthly delivery of daily, news, and weekly newspapers or magazines, the maximum notice period is three months.

A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers or magazines as a trial or introductory subscription will not be automatically extended and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month unless termination before the agreed duration would be unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the withdrawal period as mentioned in Article 6, paragraph 1.

In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – Contact Information

Questions about the Terms of Service can be sent to us via info@exploreressence.eu.