Terms and Conditions

The private limited company Wellness Lab B.V. is registered with the Chamber of Commerce under number 60022973 and has its registered office at Fortweg 3a, (1471 EB) Kwadijk, the Netherlands.

Article 1 Definitions

  1. In these general terms and conditions, the terms below have the meaning indicated, unless expressly stated otherwise.
  2. Offer: Any written offer to Purchaser for the delivery of Products by Seller to which these general terms and conditions are inextricably linked.
  3. Company: The natural or legal person acting in the course of a profession or business.
  4. Consumer: The natural person not acting in the course of a profession or business.
  5. Consumer: The natural person not acting in the course of a profession or business.
  6. Purchaser: The Company or Consumer who enters into a(n) (distance) Agreement with Seller.
  7. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by Purchaser from Wellness Lab.
  8. Products: The products offered by Wellness Lab are beauty and care products, in particular sponges, scrubs, rollers and related bath and shower accessories.
  9. Seller: The supplier of Products to Purchaser, hereinafter: Wellness Lab.

Article 2 Applicability

  1. These general terms and conditions apply to each Offer by Wellness Lab and each Agreement between Wellness Lab and a Purchaser and all Products offered by Wellness Lab.
  2. These general terms and conditions are made available to Purchaser prior to the conclusion of a(n) (distance) Agreement. If this is not reasonably possible, Wellness Lab will inform Purchaser how Purchaser can view the general terms and conditions, which are in any case published on Wellness Lab's website, so that Purchaser can easily store these general terms and conditions on a durable data carrier.
  3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed with Wellness Lab in writing.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with Purchaser. The applicability of any general and/or purchase conditions of Purchaser is expressly rejected.
  5. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in effect and the null and void provision(s) will be replaced by a provision with the same purport as the original provision.
  6. Uncertainties regarding the content, interpretation or situations not covered by these general terms and conditions will be read in the spirit of these general terms and conditions.
  7. Any use of pronouns in these general terms and conditions is not gender specific.

Article 3 The Offer

  1. Wellness Lab can make an Offer via the website as well as in writing, at least by email.
  2. The Offer made by Wellness Lab is without obligation. Wellness Lab is only bound by the Offer if Purchaser confirms its acceptance thereof in writing within 30 days, or if Purchaser has already paid the amount due. Nevertheless, Wellness Lab is entitled to refuse an Agreement with a potential Purchaser for a well-founded reason for Wellness Lab.
  3. All Offers by Wellness Lab are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer. An Offer is only valid if it has been laid down in writing.
  4. The Offer contains an accurate description of the offered Products with corresponding prices. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind Wellness Lab. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or the termination of the (distance) Agreement. Wellness Lab cannot guarantee that the colours in the image exactly match the actual colours of the Products.
  5. Delivery times and time periods stated in the Offer by Wellness Lab are indicative and, if exceeded, do not entitle the Purchaser to terminate the Agreement or demand compensation, unless expressly agreed otherwise.
  6. A compound Offer does not oblige Wellness Lab to deliver any part of the Products included in the Offer for a part of the price stated.
  7. An Offer does not automatically apply to repeat orders. Offers are only valid until stocks last.

Article 4 Conclusion of the Agreement

  1. The Agreement is concluded when Purchaser has accepted an Offer from Wellness Lab. Purchaser being a Company will confirm the Offer in writing, at least by email. If Purchaser is a Consumer, payment for the relevant Products is sufficient.
  2. If Purchaser has accepted the Offer by entering into an Agreement with Wellness Lab, Wellness Lab will confirm the Agreement with Purchaser in writing, at least by email.
  3. If the acceptance deviates (on minor points) from the Offer, Wellness Lab is not bound thereto.
  4. Wellness Lab is not bound by an Offer if Purchaser could reasonably have expected or should have expected or understood that the Offer contains an obvious mistake or error in writing. Purchaser cannot derive any rights from this mistake or error.
  5. The right of withdrawal is excluded for Purchaser being a Company. Purchaser being a Consumer has the right to exercise the right of withdrawal within the statutory period. If withdrawal applies, Purchaser will handle the Products and packaging with care. Purchaser will only unpack or use the Products to the extent necessary to determine the nature, characteristics and functionality thereof. The direct costs for returning the Products are at Purchaser's expense.
  6. Products that cannot be taken back for hygienic reasons or Products that are specially manufactured for Purchaser are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 Performance of the Agreement

  1. Wellness Lab will perform the Agreement to the best of its knowledge and ability.
  2. Wellness Lab has the right to have work carried out by third parties if and in so far as required for the proper performance of the Agreement.
  3. Purchaser will ensure that all information which Wellness Lab indicates is necessary or which the Purchaser should reasonably understand is necessary for the performance of the agreement is provided to Wellness Lab in a timely manner.
  4. If the information required for the performance of the Agreement has not been provided to Wellness Lab in a timely manner, Wellness Lab is entitled to suspend the performance of the Agreement.
  5. In the performance of the Agreement, Wellness Lab is not required or obliged to follow Purchaser's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Wellness Lab, Purchaser will reimburse the additional costs accordingly.
  6. Before proceeding to perform the Agreement, Wellness Lab may require Purchaser to provide security or full payment in advance.
  7. Wellness Lab is not liable for damages, of any nature whatsoever, that have occurred because Wellness Lab has relied on incorrect and/or incomplete information provided by Purchaser, unless this incorrectness or incompleteness was known to Wellness Lab.
  8. Purchaser indemnifies Wellness Lab against any third-party claims in connection with the performance of the Agreement and which are attributable to the Purchaser.

Article 6 Delivery

  1. Delivery will be made at the address that Purchaser has given to Wellness Lab.
  2. Any term of delivery specified by Wellness Lab is indicative only. Longer delivery periods apply to deliveries outside the Netherlands.
  3. If the commencement, progress or completion of the Agreement is delayed because, for example, Purchaser has not provided all requested information or has not provided all requested information in a timely manner, does not cooperate sufficiently, the (down) payment has not been received in a timely manner by Wellness Lab, or if any delay occurs due to other circumstances beyond the control of Wellness Lab, Wellness Lab is entitled to a reasonable extension of the delivery term. All agreed delivery dates are never final deadlines. Purchaser will give Wellness Lab written notice of default and allow Wellness Lab a reasonable period of time to as yet realise delivery. Purchaser is not entitled to any compensation due to the resulting delay.
  4. Purchaser will take receipt of the Products at the time they are made available to Purchaser under the Agreement, even if they are offered to Purchaser earlier or later than agreed upon.
  5. If Purchaser refuses to take receipt or is negligent in providing information or instructions necessary for the delivery, Wellness Lab is entitled to store the Products at the risk and expense of Purchaser.
  6. If the Products are delivered by Wellness Lab or an external carrier, Wellness Lab is entitled to charge any delivery costs, unless agreed otherwise in writing. These livery costs then be invoiced separately, unless expressly agreed otherwise.
  7. If Wellness Lab requires information from Purchaser in the context of the performance of the Agreement, the delivery period will only commence after Purchaser has provided Wellness Lab with all information necessary for the performance of the Agreement.
  8. Wellness Lab is entitled to deliver the Products in parts, unless this has been deviated from by Agreement or the partial delivery does not have independent value. Wellness Lab is entitled to invoice the Products thus delivered separately.
  9. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Wellness Lab reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 Packaging and transport

  1. Wellness Lab undertakes towards Purchaser to properly pack and secure the Products to be delivered in such a way that they reach their destination in a good condition.
  2. Unless agreed otherwise in writing, all deliveries are inclusive of turnover tax (VAT), including packaging and packing materials.
  3. Acceptance of the Products without any comments on the consignment note or the receipt will serve as proof that the packaging was in good condition at the time of delivery.

Article 8 Examination, complaints

  1. Purchaser being a Consumer will examine the delivered Products at the time of delivery, but in any case within 14 days after receipt of the delivered Products, but only to unpack or use it to the extent necessary to assess whether Purchaser wishes to retain the Products. In doing so, Purchaser will examine whether the quality and quantity of the delivered Products are in accordance with the Agreement and the Products meet the requirements that apply thereto in normal (commercial) practice. Purchaser being a Company will examine and assess the Products within 48 hours.
  2. Purchaser will determine how the Products should be used and in case of personal use, test the Products in accordance with the instructions for use. Wellness Lab recognizes no liability for Purchaser's misuse of the Products.
  3. Purchaser can report any visible defects or deficiencies will be reported in writing to Wellness Lab after delivery to within 14 days after delivery. Non-visible defects or shortages will be reported within 14 days after discovery, but at the latest within 6 months after delivery. In case of damage to the Products due to injudicious handling by Purchaser, Purchaser is liable for any depreciation of the product.
  4. If a timely complaint is made pursuant to the previous paragraph, Purchaser remains obliged to pay for the purchased Products. If Purchaser wishes to return defective Products, this will only take place with the prior written consent of Wellness Lab in the manner indicated by Wellness Lab.
  5. If Purchaser being a Consumer exercises his right of withdrawal, he will return the Products and all accessories, insofar as this is reasonably possible, in their original condition and packaging to Wellness Lab, in accordance with Wellness Lab's return instructions. The direct costs for returns are at the risk and expense of Purchaser.
  6. Wellness Lab is entitled to investigate the authenticity and condition of the returned Products before a refund will be made.
  7. Refunds to Purchaser will be processed as soon as possible, but payment may take up to 30 days after receipt of the return. Refunds will be made to the previously specified account number.
  8. If Purchaser exercises his right of complaint, he has no right to suspend his payment obligation or to set off outstanding invoices.
  9. In the absence of a full delivery, and/or if one or more Products are missing, and this is attributable to Wellness Lab, Wellness Lab will, upon Purchaser's request, either later send the missing Products or cancel the remaining order. The confirmation of receipt of the Products is leading in this respect. Any damage suffered by Purchaser as a result of the (deviating) scope of the delivery cannot be recovered from Wellness Lab.

Article 9 Prices

  1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
  2. The prices mentioned in the Offer are inclusive of VAT unless expressly stated otherwise.
  3. The prices mentioned in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. In the case of Products or raw materials subject to price fluctuations on the financial market and over which Wellness Lab has no influence, Wellness Lab may offer these Products at variable prices. The Offer states that the prices are guide prices and may fluctuate.

Article 10 Payment and collection policy

  1. Payment well preferably be made in advance in the invoiced currency using the method indicated.
  2. Purchaser cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
  3. Purchaser will make a lump-sum payment to the bank account number and details of Wellness Lab made known to it. The parties can only agree on a different payment term with the explicit and written consent of Wellness Lab.
  4. If a periodic payment obligation of Purchaser has been agreed upon, Wellness Lab is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment, suspension of payment or Purchaser being admitted to the Wsnp (Debt Restructuring (Natural Persons) Act), Wellness Lab's claims against Purchaser are immediately due and payable.
  6. Wellness Lab is entitled to apply the payments made by Purchaser to first cover the costs, then cover the interest that has fallen due and finally to cover the principal and current interest. Wellness Lab may, without this leading to default, refuse an offer to pay if Purchaser indicates a different order for application of the payment. Wellness Lab can refuse full repayment of the principal, if the outstanding and current interest and collection costs are not also paid.
  7. If Purchaser does not meet his payment obligation and has not fulfilled his obligation within the stipulated payment term of 30 days, Purchaser being a Company is in default. Purchaser being a Consumer will first receive a written reminder with 14 days after the date of the reminder to as yet fulfil the payment obligation with an indication of the extrajudicial costs if Purchaser fails to fulfil his obligations within that term, before it becomes in default.
  8. From the date that Purchaser is in default, Wellness Lab will, without further notice of default being required, claim statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Section 6:96 Dutch Civil Code, to be calculated in accordance with the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
  9. If Wellness Lab has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs are also at Purchaser's expense.

Article 11 Retention of title

  1. All Products delivered by Wellness Lab remain the property of Wellness Lab until the Purchaser has fulfilled all of the following obligations under all Agreements concluded with Wellness Lab.
  2. Purchaser is not entitled to pledge the Products subject to retention of title or to encumber them in any other way if ownership has not yet been transferred in full.
  3. If third parties attach Products delivered subject to retention of title or wish to establish or assert rights thereto, Purchaser well inform Wellness Lab of this as soon as can reasonably be expected.
  4. In the event that Wellness Lab wishes to exercise its proprietary rights indicated in this article, Purchaser hereby grants unconditional and irrevocable permission and authorisation to Wellness Lab or third parties to be appointed by Wellness Lab to enter all those places where the property of Wellness Lab is located and to repossess those goods.
  5. Wellness Lab has the right to retain the Products purchased by Purchaser if Purchaser has not (fully) fulfilled its payment obligations, despite an obligation to transfer or surrender on the part of Wellness Lab. After Purchaser has fulfilled his obligations, Wellness Lab will make every effort to deliver the purchased Products to Purchaser as soon as possible, but no later than within 20 working days.
  6. Costs and other (consequential) damage resulting from the possession of the purchased Products are at the risk and expense of Purchaser and will be reimbursed by Purchaser to the Wellness Lab upon first request.

Article 12 Guarantee

  • Wellness Lab guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the Offer and the statutory rules/regulations at the time of the conclusion of the Agreement. This also applies if the Products are intended for use abroad and Purchaser has expressly notified Wellness Lab of this use in writing at the time of entering into the Agreement.

Article 13: Suspension and termination

  1. Wellness Lab is authorised to suspend performance of its obligations or to terminate the Agreement, if Purchaser does not or not fully comply with the (payment) obligations under the Agreement.
  2. In addition, Wellness Lab is authorized to terminate the existing Agreement between it and Purchaser, to the extent that it has not yet been performed, without judicial intervention, if the Purchaser fails to timely or properly fulfil his obligations arising from any Agreement entered into with the Wellness Lab.
  3. Furthermore, Wellness Lab is authorised to terminate the Agreement without prior notice of default if circumstances arise of such a nature that compliance with the Agreement is impossible or can no longer be required in accordance with standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the Agreement can no longer be reasonably expected.
  4. If the Agreement is terminated, the claims of Wellness Lab against Purchaser are immediately due and payable. If Wellness Lab suspends compliance with its obligations, it retains its claims under the law and the Agreement.
  5. Wellness Lab always retains the right to claim compensation.

Article 14 Limitation of liability

  1. If the performance of the Agreement by Wellness Lab results in liability of Wellness Lab towards Purchaser or third parties, such liability will be limited to the costs charged by Wellness Lab in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. The liability of Wellness Lab will in any case be limited to the maximum amount of the claim paid by the insurance company per event per year.
  2. Wellness Lab is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products. Purchaser being a Consumer is subject to a limitation of liability in accordance with what is permitted under Section 7:24(2) Dutch Civil Code.
  3. Wellness Lab is not liable for and/or obliged to repair damage caused by the use of the Products. Wellness Lab provides strict maintenance and user instructions that must be followed by Purchaser. All damage to the Products as a result of wear and use is expressly excluded from liability (including wear and tear, etc.).
  4. Wellness Lab is not liable for damage that is or can be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
  5. Wellness Lab accepts no responsibility for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
  6. Wellness Lab does not guarantee the correct and complete transmission of the content of and email sent by/on behalf of Wellness Lab, nor the timely receipt thereof.
  7. All claims of Purchaser due to default on the part of Wellness Lab will lapse if they have not been reported to the Wellness Lab in writing, stating reasons, within one year after Purchaser was aware or could reasonably have been aware of the facts on which it bases his claims. All Purchaser's claims will in any event lapse one year after the end of the Agreement.

Article 15 Force majeure

  1. Wellness Lab is not liable if, as a result of a situation of force majeure, it is unable to fulfil its obligations under the Agreement, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance for which it is not to blame and which is not for its account by virtue of the law, legal act or generally accepted views.
  2. Force majeure is in any case understood to mean, but is not limited to, what is understood in this respect by (case) law, (i) force majeure of suppliers to Wellness Lab, (ii) failure to properly perform obligations of suppliers prescribed or recommended by Purchaser to Wellness Lab, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) power outage, (vi) disruption of the Internet, data network and telecommunications facilities (e.g. due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the business of Wellness Lab and (xi) other situations which, in the opinion of Wellness Lab, fall outside its sphere of influence which temporarily or permanently prevent the fulfilment of its obligations.
  3. Wellness Lab is also entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after Wellness Lab should have fulfilled its obligation.
  4. The parties may suspend their obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without any obligation to compensate the other party for damage.
  5. Insofar as Wellness Lab has already partially performed or will be able to perform its obligations under the Agreement at the time of the occurrence of force majeure, and insofar as the part already fulfilled or still to be fulfilled respectively has independent value, Wellness Lab will be entitled to invoice the part already performed or still to be performed, respectively. Purchaser will pay this invoice as if it were a separate Agreement.

Article 16 Risk transfer

  • The risk of loss or damage to the Products that are the subject of the Agreement passes to Purchaser being a Company at the time the Product leave the warehouse of Wellness Lab. For Purchaser being a Consumer the aforementioned risk passes to Purchaser if the Products are under Purchaser's control. This is the case if the Products have been delivered to the delivery address of Purchaser.

Article 17 Privacy, data processing and security

  1. Wellness Lab treats the (personal) data of Purchaser and visitors to the website(s) with care. Wellness Lab will on request inform the relevant data subject.
  2. If, pursuant to the Agreement, Wellness Lab is required to provide security for information, this security will meet the specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.

Article 18 Complaints

  1. If Purchaser is not satisfied with the Products of Wellness Lab and/or has complaints about the (performance of the) Agreement, Purchaser will to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via with the subject "Complaint".
  2. The complaint will be sufficiently substantiated and/or explained by Purchaser in order for Wellness Lab to be able to handle the complaint.
  3. Wellness Lab will respond to the content of the complaint as soon as possible, but no later than 14 calendar days after receipt thereof.
  4. The parties will try to reach an amicable solution.

Article 19 Applicable law

  1. Each Agreement between Wellness Lab and Purchaser is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In the event of an interpretation of the content and purport of these general terms and conditions, the Dutch text will always prevail. Wellness Lab is entitled to unilaterally amend these general terms and conditions.
  3. All disputes arising from or as a result of the Agreement between Wellness Lab and Purchaser will be settled by the competent Noord-Holland District Court, seated in Zaanstad, unless mandatory provisions lead to the jurisdiction of another court.