- THE FINEPRINT -

Terms and conditions

On this page you can find the terms and conditions & the privacy policy. See below for the privacy policy.

Click here to download a pdf of the terms and conditions in Dutch and the privacy policy in English.

Terms and Conditions


Article 1 – Definitions The following definitions apply in these terms and conditions:

1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;

7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

9. Distance agreement: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more techniques for communication on distance;

10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Caressa Hesselmann

With Caressa

Vlasstraat 1bis

3572TT Utrecht

KvK: 68675984

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur and consumer.

2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, this may be deviated from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision which, for him, most beneficial.

5. If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that approached the scope of the original as much as possible.

6. Situations that are not regulated in these terms and conditions must be assessed “in the spirit” of these terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited duration or is subject to conditions, this will be 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors 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:

o the price including taxes;

o the possible costs of shipment;

o the manner in which the agreement will be concluded and which actions are required for this;

o whether or not the right of withdrawal is applicable;

o the method of payment, delivery and implementation of the agreement;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

o whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;

o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

o any other languages in which, in addition to English, the contract can be concluded;

o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance agreement in the event of an extended transaction.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the e-mail address of the entrepreneur where the consumer can go with complaints; hello@withcaressa.nl

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;

e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

1a. When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

1b. The right of withdrawal is not applicable to items purchased with a discount (promotional items), surprise boxes, courses and workshops.

2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.

4. If after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or resp. the product has not been returned to the entrepreneur, the purchase is a fact.

Upon delivery of services and experiences:

5. Upon delivery of services, the consumer has the option of dissolving the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.

6. To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the trader with the offer and / or at the latest upon delivery.

7. If the customer is unable to attend an experience and / or service due to any reason, and also due to anything related to COVID-19, there will be no refund to the consumer.

8. If the entrepeneur cancels an experience and / or service due to any reason, and also due to anything related to COVID-19, there will be a full refund to the consumer.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

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, at least in time for the conclusion of the agreement.

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

a. that were established by the entrepreneur in accordance with the consumer’s specifications;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

i. crystal grids, essential oil blends and constellations cannot be exchanged.

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

concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;

b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

c. concerning bets and lotteries.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the range of products or services include VAT.

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Warranty

1. The entrepreneur 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 existing on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

4. The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is 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 warranty does not apply if:

o The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;

o The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;

o The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and implementation

1. The trader will take the greatest possible care when receiving and implementing 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. Taking into account what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.

6. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.

7. The risk of damage 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 explicitly agreed otherwise.

8. The medical effect described with gemstones by With Caressa is a supplement and by no means a substitute for regular medicine. With Caressa is in no way responsible and cannot be held liable with regard to the operation of the stones, nor with regard to the essential oils or other articles and / or advice offered in the web store.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

1. The consumer can at all times cancel an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month.

2. The consumer can at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.

3. The consumer can the agreements mentioned in the previous paragraphs:

o cancel at any time and not be limited to cancellation at a specific time or during a specific period;

o cancel at least in the same way as they are entered into by him;

o Always cancel with the same cancellation period as the entrepreneur has stipulated for himself.

Extension

4. An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

5. Contrary to the previous paragraph, a contract that has been entered into for a definite period of time and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months, if the consumer extended this can terminate the agreement by the end of the extension with a notice period of at most one month.

6. An agreement that has been entered into for a fixed period and that extends to 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 at most one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Expensive

8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness are against cancellation before the end of the agreed duration. resist.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, it will be charged period after the consumer has received the confirmation of the agreement.

2. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.

3. In the event of a default on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 – Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has found 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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

*** 5. In the case of complaints, a consumer must first of all turn to the entrepreneur. For complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both the entrepreneur and the consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). ***

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer is living abroad. 2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that these can be stored in an accessible manner by the consumer in a sustainable way. data carrier. ds law applies.

Privacy Policy

 We take the privacy of personal data very seriously and handle personal data carefully.

By using this website you agree to our privacy- and cookie policy.

Your data will never be sold and/or provided to third parties unless specified in the privacy policy below.

Caressa www.withcaressa.nl

September 2020

Protection personal data

We take the privacy of personal data very seriously.

Caressa will not sell and/or provide your personal data to third parties unless specified below.

We process personal data only for the purpose for which they were provided and in accordance with the Dutch Algemene Verordering Gegevens Bescherming (AVG) and the Telecommunicatiewet.

About us

With Caressa is managed by Caressa Hesselmann

Personal data:

With Caressa

Vlasstraat 1 bis

3572TT Utrecht

KvK: 68675984

What data do we collect

When you are subscribed to our newsletter, have requested a download, made a purchase or make other requests for one of our products and/or services, you will be asked to enter your details. We only process the data that you provide to us. This can be the following data:

  • First- and last name
  • E-mail address
  • Phone number
  • Company name
  • Street and house number
  • Postal code and place of residency
  • IP-address

For what purpose do we use the personal data

The data is collected and stored for the following purposes:

  • We use your address for sending an order.
  • We use your first name and e-mail address, provided you have signed up for the newsletter, for sending commercial newsletters.
  • We can use your first name, e-mail address and telephone number that you enter when placing an order to answer questions and/or inquire about an order.

Your data on Withcaressa.nl

If you are registered to our newsletter, have requested a download, have registered for a workshop and/or training, have booked a session and/or consultation, have completed a contact form or have made a purchase and do not wish to receive any e-mail from us in the future, you can unsubscribe at any time through the link at the bottom of the email or by contacting us.

Your e-mail address will be removed from our file immediately and will not be saved.

Your personal data is stored in our e-mail system (Mailchimp) and on the system of Squarespace.

Mailchimp and Squarespace’s servers are located in the United States. Your data can therefore be transferred, stored and processed in the United States. The transfer of this data is based on the EU-US Privacy Shield Framework. More information about the Squarespace privacy policy can be found here and more information about the Mailchimp privacy policy can be found here.

Data that you enter when placing an order or sending a message is stored on the servers of our processor Squarespace. Squarespace provides a level of security that matches the data to be processed and takes adequate measures to protect data against loss or any form of unlawful processing.

The webshop

We use the information you provide to process the orders as quickly and easily as possible. We will not sell and/or provide your information to third parties. Your data will only be made available to third parties if they are involved in processing your order.

When making a payment in the With Caressa web store, you will always be referred to the website of a so-called Payment Processor for the transaction through a secure connection. Your payment details (credit card number, Paypal login or Ideal details) are not passed on to our servers and are therefore not stored by With Caressa. The only data we store is:

  • First- and last name
    To deliver your order to the right person
  • Address, postal code and place
    We use this address for the right delivery of your order
  • Phone number
    If we want to inform you about your order or provide changed information about your workshop at the last minute, we will also do this by telephone at certain times. This is never mandatory.
  • E-mail address
    With every order you receive from us, as soon as we have received your order, a confirmation and invoice by e-mail. If it is an order that is sent, PostNL (and/or Squarespace) will send an e-mail with the track & trace code on our behalf.
  • IP-address
    Your IP address is stored when you place your order to recognize misuse during payment.

If you start a transaction and it is not finalized, your transaction details (name, address, e-mail and IP) will be deleted from our server at the end of this month.

Protection personal data

We have taken appropriate technical measures to protect personal data against loss or other forms of unlawful processing. These measures, including encryption via an SSL certificate and two-factor authentication, ensure a security level that matches the data that we process.

Cookies

A cookie is a small file that is sent by our website and placed by your browser on the device with which you visit our website. The information stored in the cookie can be sent back to our website when you visit the website again. More information about cookies can be found on the website of ConsuWijzer.

Cookies are used for the best possible functioning of this website and to match the content of advertisements to your preferences.

Tracking cookies

We use, with your permission, Squarespace site tracking. Site tracking places a cookie that keeps track of which pages you view on our website. This allows us to better adjust our marketing, services and advertisements to your interests. More information about site tracking can be found here.

Google analytics

Our statistics package, Google Analytics, also places cookies. We would like to know how our visitors use the website and how many people visit our website each month, so that we can optimize the use of the website. Of course we don’t want you to be followed undesirably, but we want to be of the best possible service to you and we need good statistics for that. With Google Analytics, the information is anonymised as well as possible. Your IP address is explicitly not used. We cannot therefore trace you personally. For this a processor agreement has been concluded with Google in line with the AVG legislation. In the box, the last octet of the IP address is masked for your privacy. The ‘share data’ option in Google Analytics has been disabled. More information about the Google Analytics policy can be found here.

Switch off and delete

Do you want to disable or delete cookies? You can do this via your browser settings. If necessary, use the help function of your browser to find out how you can do this.

Things you can always do:

  • Automatically turn off “third-party cookies” in your browser. Modern browsers (Chrome and Firefox) offer many options for this.
  • Indicate in your browser settings that you do not want to be ‘tracked’.
  • You can always remove the placed cookies from your browser and you can also block them per domain.

You can find more information on how to disable cookies via the Your Online Choices website.

Do you have any further questions about our cookies? Then please contact us.

Social media

We would like to make it as easy as possible for you to share the content of our website via social media. This is possible through social media (share) buttons, among other things.

We have placed the buttons for the following Social Media Platforms. Read the privacy statements of the respective Social Media platforms to know how they handle privacy. Below you will find the various privacy statements:

Retention period

We do not store your data for longer than necessary for the purpose for which it was received. When you unsubscribe from our e-mails, your personal data will be deleted from the system by the end of the month concerned.

We keep the data in our accounting and CRM system for at least 7 years, in order to meet all of our legal obligations. This data will be deleted by us within 1 year of the expiration of this obligation.

The above period applies, provided that there are further legal obligations for us to keep the data longer and/or keep it available.

Rights

You always have the right to withdraw your consent to process your data, after which we will no longer process your data. The withdrawal of this consent does not affect the legality of our data statement based on your consent, which took place before this withdrawal.

You also have the right to inspect your personal data and the right to rectify your personal data. If you want to know which personal data we process about you, you can submit a written request for inspection.

If your data is incorrect, incomplete or irrelevant, you can request us in writing to change or supplement your data. You also have a right to delete your personal data, a right to limit processing and a right to object to the processing. You are also entitled to transfer or make your data transferable. You can also submit a written request for this.

We will process your request within 4 weeks. In writing is also understood by e-mail. You can e-mail your request to us via hello@withcaressa.nl.

Changes

We reserve the right to change our privacy policy at any time.

The changes take effect at the announced time of entry into force.