Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS – CONSUMERS

The following definitions apply in these terms and conditions:

  1. Article 1 – Definitions
    Article 2 – Identity of the entrepreneur
    Article 3 – Applicability
    Article 4 – The offer
    Article 5 – The agreement
    Article 6 – Right of withdrawal
    Article 7 – Obligations of the consumer during the cooling-off period
    Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
    Article 9 – Obligations of the entrepreneur in case of withdrawal
    Article 10 – Exclusion of the right of withdrawal
    Article 11 – The price
    Article 12 – Compliance and extra guarantee
    Article 13 – Delivery and implementation
    Article 14 – Duration transactions: duration, cancellation and extension
    Article 15 – Payment
    Article 16 – Complaints
    Article 17 – Disputes
    Article 18 – Industry guarantee
    Article 19 – Additional or different provisions
    Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk

Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement whereby the consumer has products, digital content
and / or acquires services in connection with a distance agreement and these matters, digital content
and / or services are provided by the entrepreneur or by a third party on the basis of a
agreement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his
commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods and services
and / or digital content during a certain period;
7. Sustainable data carrier: every tool – including e-mail – that the consumer
or enables the entrepreneur to save information that is addressed to him personally on one
way that future consultation or use during a period that is aligned with the purpose
for which the information is intended, and that unaltered reproduction of the stored information
makes possible;
8. Right of withdrawal: the possibility for the consumer to withdraw from the
distance agreement;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and
offers products, (access to) digital content and / or remote services to consumers;
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10. Distance contract: an agreement that becomes between the entrepreneur and the consumer
concluded within the framework of an organized system for distance selling of products,
digital content and / or services, up to and including the conclusion of the agreement exclusively or
co-use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European form included in Appendix I of these terms and conditions
model form for cancellation;
12. Technology for distance communication: means that can be used for closing
an agreement, sun

Article 2 – Identity of the entrepreneur

Name: Star Remedies B.V.
Registered office: Haarlemmermeer
Business address: Sloterweg 150 1171 CV Bahoevedorp
Visiting address: Sloterweg 150 1171 CV Bahoevedorp
Telephone numbers: +31 (0) 20 659 3228 & amp; +31 (0) 20 659 7332 – Mon-Fri: 9 am – 5 pm
Email address: info@starremedies.nl
Chamber of Commerce number: 34097765
VAT identification number: NL8142.68.833.B01

If the entrepreneur’s activity is subject to a relevant licensing system: the
information about the supervisory authority;
If the entrepreneur carries out a regulated profession:
– the professional association or organization to which it is affiliated;
– the professional title, the place in the EU or the European Economic Area where it is awarded;
– a reference to the professional rules that apply in the Netherlands and instructions where
and how these professional rules are accessible.

Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every tot
distance agreement concluded between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of this general
conditions made available to the consumer. If this is not reasonably possible,
the entrepreneur before the distance contract is concluded, indicate how
general terms and conditions can be viewed at the entrepreneur and that they are at the request of the consumer
be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, this may be deviated from the previous paragraph
and before the distance agreement is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such a way that
this can be easily stored by the consumer in a sustainable way
data carrier. If this is not reasonably possible, before the distance agreement
is concluded, indicate where of the general terms and conditions electronically
can be taken and that they are sent electronically or at the request of the consumer
otherwise be sent free of charge.
4. In the event that in addition to these general terms and conditions also specific product or
terms and conditions apply, the second and third paragraphs apply accordingly
application and the consumer can always rely on it in the event of conflicting conditions
the applicable provision that is most favorable to him.

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.
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2. The offer contains a complete and accurate description of the products offered,
digital content and / or services. The description is sufficiently detailed to be a good one
enable the consumer to evaluate the offer. As the entrepreneur use
makes of images, these are a true representation of the offered
products, services and / or digital content. Obvious mistakes or errors in the offer
do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and
are obligations that are connected to the acceptance of the offer.

Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of
acceptance by the consumer of the offer and compliance with the stipulations
requirements.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
immediately receive the acceptance of the offer electronically. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will find appropriate technical and
he organizes organizational measures to protect the electronic transfer of data
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
take appropriate security measures.
4. The entrepreneur can – within the law – inform himself or the consumer about
payment obligations, as well as of all those facts and factors that are important to
entering into the distance agreement responsibly. If the entrepreneur based on
this investigation has good reason not to enter into the agreement, he is entitled
motivated to refuse an order or request or to implement special conditions
to connect.
5. The entrepreneur will at the latest on delivery of the product, service or digital content to the
consumer the following information, in writing or in such a way that it is provided by the consumer on
an accessible way can be stored on a durable data carrier, send:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints goes
can;
b. the conditions under which and the way in which the consumer uses the right of withdrawal
can make a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; to the extent that
the costs of delivery apply; and the method of payment, delivery or implementation of the
distance agreement;
e. the requirements for canceling the agreement if the agreement has a duration of
is more than one year or indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first
delivery.

Article 6 – Right of withdrawal
For products:
1. The consumer may enter into an agreement regarding the purchase of a product during
dissolve a consideration period of at least 14 days without giving reasons. The entrepreneur may
ask the consumer for the reason for withdrawal, but not for stating his reason (s)
oblige.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or beforehand by the
third party, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
entrepreneur may, provided that he is clear to the consumer prior to the ordering process
informed about an order of several products with different ones
refuse delivery time.
b. if the delivery of a product consists of different shipments or parts: the day
on which the consumer, or a third party designated by him, the last shipment or the last
part received;
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c. for agreements for regular delivery of products during a certain period:
the day on which the consumer, or a third party designated by him, has the first product
receive.
For services and digital content that is not supplied on a tangible medium:
3. The consumer may have a service agreement and an agreement for digital delivery
Content that has not been delivered on a tangible medium for at least 14 days without specification
dissolve reasons. The entrepreneur may ask the consumer about the reason for withdrawal,
but do not oblige them to state their reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended consideration period for products, services and digital content that is not on a material medium
supplied with not informing about the right of withdrawal:
5. If the entrepreneur gives the consumer the legally required information about the right of withdrawal or
has not provided the model withdrawal form, the cooling-off period ends twelve months after
the end of the original, determined in accordance with the preceding paragraphs of this Article
cooling-off period.
6. If the entrepreneur has the information referred to in the previous paragraph to the consumer
provided within twelve months after the starting date of the original cooling-off period expires
the reflection time 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period
1. 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 required by its nature, characteristics
and to determine the operation of the product. The starting point here is that the consumer
product may only handle and inspect as it should in a store.
2. The consumer is only liable for value reduction of the product that results
of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product as the entrepreneur
not before or at the conclusion of the agreement all legally required information about it
has provided the right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period
by means of the model form for withdrawal or in another unambiguous manner to the
entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
the consumer returns the product, or hands it to (an authorized person of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
The consumer has in any case complied with the return period if he returns the product
before the reflection time has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in original condition and packaging, and in accordance with the reasonable and provided by the entrepreneur
clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the
consumer.
5. The consumer bears the direct costs of returning the product. As the
entrepreneur has not reported that the consumer must bear these costs or as the entrepreneur
indicates to bear the costs themselves, the consumer does not have to bear the costs for return.
6. If the consumer cancels after first explicitly requesting that the transaction be executed
service or the supply of gas, water or electricity that are not made ready for sale in one
limited volume or certain quantity starts during the cooling-off period, the consumer is the
entrepreneur owes an amount that is proportional to that part of the commitment that is due
the entrepreneur complied with at the time of withdrawal compared to the full one
fulfillment of the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or
electricity that is not made ready for sale in a limited volume or quantity, or up to
supply of district heating if:
the entrepreneur the consumer the legally required information about the right of withdrawal, the
reimbursement of costs in the event of cancellation or the model form for cancellation, or;
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b. the consumer not explicitly about the start of the performance of the service or delivery of
gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of not to one
digital content provided by the material carrier, if:
a. he did not explicitly agree to the commencement of
compliance with the agreement before the end of the reflection period;
b. he has not acknowledged that he has lost his right of withdrawal when granting his permission; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional
agreements terminated by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the withdrawal notification by the consumer possible electronically
, he will immediately send a confirmation of receipt upon receipt of this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs
charged by the entrepreneur for the returned product, immediately but within
14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur
offers to collect the product himself, he may wait to pay back until he has the product
or until the consumer demonstrates that he has returned the product, whichever
earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement,
unless the consumer agrees with another method. The reimbursement is free of charge for the
consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to return the additional costs for the more expensive method
to pay.

Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the trader clearly at the offer, at least in time for the conclusion of the agreement,
has stated:
1. Products or services whose price depends on fluctuations in the financial market
over which the entrepreneur has no influence and who can do so within the withdrawal period
occur
2. Agreements concluded during a public auction. Under a public auction
means a sales method in which products, digital content and / or services are supplied by the
entrepreneur are offered to the consumer who is personally present or the opportunity
gets to be present in person at the auction, led by an auctioneer, and where the
successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur the
fully implemented the agreement;
4. Service contracts for the provision of accommodation, as in the contract
a certain date or period of execution is provided and other than for residential purposes,
freight transport, car rental services and catering;
5. Agreements related to leisure activities, if a specific date in the agreement
whether the implementation period is foreseen;
6. Products manufactured to consumer specifications that are not prefabricated and
that are manufactured on the basis of an individual choice or decision of the consumer, or that
clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and the seal of which has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages the price of which was agreed at the conclusion of the agreement,
but whose delivery can only take place after 30 days, and whose actual value
is dependent on market fluctuations over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which is after
delivery has been broken;
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12. Newspapers, magazines or magazines, with the exception of subscriptions to them;
13. The delivery of digital content other than on a material medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price
1. During the validity period stated in the offer, the prices of the offered
products and / or services not increased, except for price changes as a result of changes
in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
offering variable prices. This commitment to fluctuations and the fact that
any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only
allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
allowed 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 contract with effect from the day
which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.

Article 12 – Compliance with agreement and extra guarantee
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the
specifications specified in the offer, to the reasonable requirements of reliability and / or usability
and the legal provisions existing on the date of the conclusion of the agreement
and / or government regulations. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that consumers have under the
agreement to the entrepreneur can apply if the entrepreneur has failed
in the fulfillment of his part of the agreement.
3. An additional guarantee means every commitment of the entrepreneur, his supplier,
importer or producer in which he grants the consumer certain rights or claims that
go beyond what is legally required in the event of failure to comply
of his part of the agreement.

Article 13 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving it
and in the execution of product orders and in the assessment of applications up to
provision of services.
2. The place of delivery is the address that the consumer has known to the entrepreneur
made.
3. Taking into account what is stated in this regard in Article 4 of these general terms and conditions,
the entrepreneur will accept accepted orders with due speed but at the latest within 30 days
unless a different delivery period has been agreed. If the delivery is delayed
or if an order cannot or only partially be executed,
the consumer receives notification of this no later than 30 days after he has placed the order. The
in that case the consumer has the right to terminate the agreement without costs and is entitled to
on possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid
repay immediately.
5. The risk of damage and / or loss of products rests with the entrepreneur
time of delivery to the consumer or a pre-designated and to the entrepreneur
announced representative, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer may enter into an agreement that has been entered into for an indefinite period of time and that extends to it
regular delivery of products (including electricity) or services, at all times
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cancel with due observance of the agreed cancellation rules and a cancellation period
of one month at most.
2. The consumer may enter into a contract that has been entered into for a definite period and that extends to it
regular delivery of products (including electricity) or services, at all times against
cancel the end of the specified duration with due observance of the agreements made for this purpose
cancellation rules and a cancellation period of one month at most.
3. The consumer can the agreements mentioned in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a
certain period;
– cancel at least in the same way as they are entered into by him;
– 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 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, an agreement that has been entered into for a definite period of time may be
extends to the regular delivery of daily, news and weekly newspapers and magazines tacitly
be extended for a specified duration of up to three months, if the consumer so
can terminate the extended agreement at the end of the extension with a notice period
of one month at most.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products or services, may only be tacitly renewed indefinitely if the
the consumer may cancel at any time with a notice period of at most one month. The
notice period is at most three months in case the agreement extends to settled, 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 news items
weekly newspapers and magazines (trial or introductory subscription) will not be tacit
continued and ends automatically after the trial or introductory period.
Expensive:
8. If an agreement has a duration of more than one year, the consumer may after a year
cancel the agreement at any time with a notice period of at most one month, unless the
reasonableness and fairness against cancellation before the end of the agreed duration
resist.

Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the by
Amounts owed to the consumer must be paid within 14 days after the commencement of the
cooling-off period, or in the absence of a cooling-off period within 14 days after the closing of the
agreement. In the case of an agreement to provide a service, this period starts
on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may enter into general terms and conditions
never be obliged to pay more than 50% in advance. When prepayment is
stipulated, the consumer cannot assert any rights regarding the implementation of the
relevant order or service (s), before the stipulated advance payment
occurred.
3. The consumer has the duty to correct inaccuracies in payment data provided or specified without delay
to report to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, this will be after he has received the
The entrepreneur was reminded of the late payment and the entrepreneur the consumer a period of 14
days to meet its payment obligations after the absence of
payment within this 14-day period, the legal interest on the outstanding amount
due and the entrepreneur is entitled to the extrajudicial made by him
to charge collection costs. These collection costs amount to a maximum of: 15%
outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the
next € 5,000 with a minimum of € 40. The entrepreneur can benefit the
consumers deviate from the stated amounts and percentages.

Article 16 – Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints
the complaint in accordance with this complaints procedure.
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2. Complaints about the implementation of the agreement must be made promptly after the consumer
has found the defects, fully and clearly described and submitted to the
entrepreneur.
3. Complaints submitted to the entrepreneur will be calculated within a period of 14 days from
answered the date of receipt. As a complaint, a foreseeable longer processing time
is answered by the entrepreneur within a period of 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be
submitted via a complaint form on the consumer page of the Stichting website
Webshop Keurmerk (http://keurmerk.info/Home/MisOFFOfKlacht) The complaint is then sent to both
the relevant entrepreneur as sent to Stichting Webshop Keurmerk.
5. If the complaint is not made within a reasonable time or within 3 months after submitting
the complaint can be solved in mutual consultation, a dispute arises that is susceptible to the
dispute settlement.

Article 17 – Disputes
1. On agreements between the entrepreneur and the consumer on which these general terms and conditions
only Dutch law applies.
2. Disputes between the consumer and the entrepreneur about the creation or implementation of
agreements with regard to products to be delivered or delivered by this entrepreneur and
services, may, with due observance of the provisions below, be both by the consumer and the
entrepreneurs are presented to the Webshop Disputes Committee, PO Box 90600, 2509 LP
in The Hague (www.sgc.nl).
3. A dispute will only be processed by the Disputes Committee if the
the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the
Disputes committee to be brought.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is
bound to this choice. When the entrepreneur wants to do that, the consumer will within five
weeks after a written request to that effect by the entrepreneur, must be submitted in writing
speak whether he also wants this or have the dispute dealt with by the competent person
judge. Does the entrepreneur not hear of the consumer’s choice within the five-week period?
then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the
Regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop).
The decisions of the Disputes Committee are made by way of
binding advice.
7. The Disputes Committee will not deal with a dispute or discontinue treatment if the
Entrepreneur has been granted suspension of payment, has been or is in bankruptcy
has actually terminated its business activities before a dispute is heard by the committee
treated and a final judgment has been given.
8. If, in addition to the Webshop Disputes Committee, another recognized person or at the Foundation
Consumer Affairs Disputes Committees (SGC) or the Financial Complaints Institute
Services (Kifid) affiliated disputes committee is competent for disputes
mainly the method of selling or providing remote services to the Disputes Committee
Stichting Webshop Keurmerk preferably authorized. For all other disputes, the other recognized ones
disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding recommendations of the
Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides
to submit a binding opinion to the court for review within two months of being sent
to lay. This guarantee revives if the binding advice is upheld after review by the court
has remained and the judgment evidencing this has become final. Up to one
amount of € 10,000 per binding recommendation, this amount is approved by Stichting Webshop Keurmerk
paid to the consumer. For amounts greater than € 10,000 per binding recommendation, € 10,000 will be charged
paid out. Stichting Webshop Keurmerk has an obligation to perform to the best of its ability
ensure that the member complies with the binding advice.
2. The application of this guarantee requires that the consumer makes a written appeal to it
at Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting
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Webshop Hallmark. If the claim on the entrepreneur exceeds € 10,000, the
the consumer offered his claim insofar as it exceeds the amount of € 10,000
to contribute to Stichting Webshop Keurmerk, after which this organization in its own name and costs
payment for this will require payment to the consumer.

Article 19 – Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be at the expense
of the consumer and must be recorded in writing or in such a way that it
can be stored in an accessible way by the consumer in a sustainable way
data carrier.

Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions unless in consultation with the
Consumers Association.
2. Changes to these terms and conditions are only effective after they have been made in the appropriate manner
have been published, with the proviso that in the event of applicable changes during the term of
an offer that is most favorable to the consumer will prevail.

TERMS AND CONDITIONS – BUSINESS CUSTOMERS

GENERAL CONDITIONS – STAR REMEDIES B.V.

Article 1          DEFINITIONS

In these general terms and conditions the following terms shall have the following meanings:

  • Star Remedies B.V.: the party that refers to these terms and conditions in its website, order confirmation and/or agreement (hereinafter referred to as: “Star Remedies”);
  • Entrepreneur/Purchaser:: the natural or legal person who has a contractual relationship with Star Remedies on the basis of a purchase or other agreement concluded or yet to be concluded with Star Remedies and/or the person on whose behalf and/or for whose account and/or by whose action products are supplied by Star Remedies.
  • Product/Products: the Product(s) to be delivered as described in the offer, order confirmation and/or agreement, as well as the performance of work/services in the sense of therapy, advice, guidance of any kind whatsoever in the broadest sense of the word in conjunction with Product/Products.
  • Written: letter, fax, e-mail and digital messaging.

 Article 2          APPLICABILITY

2.1 These general terms and conditions form part of all offers from, order confirmations from and agreements with Star Remedies B.V. These general terms and conditions also apply to agreements entered into by Star Remedies for the delivery of Products to customers of Star Remedies.

2.2 Deviations from any provision of these general terms and conditions must be agreed in writing between the parties and require the express permission of Star Remedies. Insofar as these general terms and conditions have been deviated from expressly and/or tacitly, the purchaser cannot derive any rights from this with regard to agreements concluded at a later time.
2.3 If any provision of these general terms and conditions is, in whole or in part, qualified by the court as unreasonably onerous, this provision shall be deemed to have been converted into a provision that cannot be qualified as unreasonably onerous, whereby the purport and content shall be retained as much as possible and the other provisions of these general terms and conditions shall remain in full force.

Article 3          OFFERS

3.1 All offers remain valid for a period to be specified by Star Remedies. In the absence of a period, the offer is valid for 7 days, after which the offer expires.

3.2 Each order/assignment given to Star Remedies by an Entrepreneur/Purchaser shall be deemed an offer. Star Remedies may accept the order/assignment expressly and/or tacitly, after which the Entrepreneur/Purchaser shall be bound by it. If Star Remedies does not notify in writing within 7 days of receipt of the order/assignment that the order/assignment has not been accepted, the order/assignment shall be deemed to have been tacitly accepted by Star Remedies.

Article 4          AGREEMENT

4.1 Except as stated below, an agreement will only be concluded after Star Remedies has expressly accepted or confirmed an order in writing or electronically. The offer or order confirmation is deemed to correctly and completely reflect the agreement and these General Terms and Conditions always form an integral part thereof.

4.2 Any additional (verbal) agreements or changes and/or commitments made later by Star Remedies or on behalf of Star Remedies by its sellers, agents, representatives or other intermediaries will only bind Star Remedies if they have been confirmed in writing and expressly by an authorised representative of Star Remedies.

4.3 In the absence of an offer or order confirmation, the invoice will be considered as the order confirmation. In that case, the invoice will be deemed to correctly and completely reflect the agreement and the General Terms and Conditions will form part thereof.

4.4 Each agreement is entered into under the condition precedent or resolutive – this at the sole discretion of Star Remedies – that the Entrepreneur/Purchaser proves to be sufficiently creditworthy for the financial fulfilment of the agreement.

4.5 Star Remedies is entitled, prior to or after concluding the agreement, before performing (further), to demand that the Entrepreneur/Purchaser provide financial security for the fulfilment of his payment and other obligations towards Star Remedies. If the Entrepreneur/Purchaser refuses at any time to provide the requested security, Star Remedies may suspend its obligation(s) and/or terminate this agreement without judicial intervention, without prejudice to other rights that arise for Star Remedies from the law.

4.6 Star Remedies is entitled to suspend the fulfilment of the obligations or terminate the agreement, if: the Entrepreneur/Purchaser does not fulfil the obligations under the agreement, does not fulfil them in full or does not fulfil them on time, or if after concluding the agreement Star Remedies becomes aware of circumstances that give good reason to fear that the Entrepreneur/Purchaser will not fulfil the obligations.

4.7 If, due to the delay on the part of the Entrepreneur/Purchaser, Star Remedies can no longer be expected to fulfil the agreement under the originally agreed conditions, Star Remedies is entitled to terminate the agreement.

4.8 Star Remedies has the right to refuse orders/assignments without stating reasons, without being liable and/or liable for damages towards the Entrepreneur/Purchaser as a result. Star Remedies is also entitled to terminate the agreement if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or if other circumstances arise which are of such a nature that Star Remedies cannot reasonably be expected to maintain the agreement unchanged.

4.9 If the agreement is amended, including a supplement, Star Remedies is entitled to only implement it after the Entrepreneur/Purchaser has agreed to the price stated for the implementation and any other conditions, including the time at which it will be implemented. Failure to perform the amended agreement or failure to perform it immediately does not constitute a breach of contract by Star Remedies and is also not grounds for the Entrepreneur/Purchaser to terminate the agreement. Without being in default, Star Remedies may refuse a request to modify the agreement if this could have consequences for the goods to be delivered in terms of quality and/or quantity.

4.10 If the agreement is terminated, Star Remedies’ claims on the Entrepreneur/Purchaser are immediately due and payable. If Star Remedies suspends the fulfilment of the obligations, it retains its claims under the law and the agreement. If Star Remedies suspends or terminates, it is in no way obliged to compensate for damage and costs incurred in any way as a result. If the termination is attributable to the Entrepreneur/Purchaser, Star Remedies is entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.

4.11 The Entrepreneur/Purchaser is expressly prohibited from transferring rights and/or obligations arising from any agreement concluded with Star Remedies to a third party/third parties, including companies affiliated with the relevant Entrepreneur/Purchaser, without the prior, express written consent of Star Remedies.

4.11 Star Remedies is authorized to transfer its rights under the agreement(s) concluded with the Entrepreneur/Purchaser, in whole or in part, to third parties.

Article 5          PRICES
5.1 All prices quoted on the Star Remedies website and in a Star Remedies catalogue are subject to price changes, exclusive of VAT and other government levies and exclusive of transport and packaging costs, unless explicitly stated otherwise.

5.2 The prices agreed between the parties are binding, unless one or more of the aforementioned cost-determining factors change after the offer up to the time of delivery and the resulting price increase cannot/hardly can be influenced by Star Remedies.

5.3 If Star Remedies agrees a fixed price with the Entrepreneur/Purchaser, Star Remedies is nevertheless entitled at all times to increase this price without the Entrepreneur/Purchaser being entitled to terminate the agreement for that reason, if the price increase results from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when entering into the agreement.

5.4 If the aforementioned price increase amounts to more than 10%, the Entrepreneur/Purchaser has the right to cancel this agreement without costs and without any obligation to pay damages within 3 working days after Star Remedies has informed the Entrepreneur/Purchaser of the price increase. In the event of cancellation by the Entrepreneur/Purchaser, Star Remedies will retrieve any goods or Products already delivered as soon as possible. The Entrepreneur/Purchaser remains expressly fully liable for any damage, reduction in quality, theft, etc. until the goods or Products are retrieved by Star Remedies.

Article 6          DELIVERY AND DELIVERY TIME

6.1 Delivery takes place ‘Ex Works’ (EXW) within the meaning of the Incoterms 2015, unless otherwise agreed.

6.2 The Entrepreneur/Purchaser is obliged to check the Product/Products for any defects immediately upon delivery, or to carry out this check immediately after notification by Star Remedies that the Product/Products are available to the Entrepreneur/Purchaser. If the sold and delivered Products have been made available to the Entrepreneur/Purchaser by Star Remedies, the risk thereof immediately passes to the Entrepreneur/Purchaser.

6.3 Any defects of the Product that are present upon delivery must be stated by the Entrepreneur/Purchaser on the delivery note, the invoice and/or the transport documents, failing which any complaints in this regard no longer need to be processed by Star Remedies.

6.4 Star Remedies is entitled to deliver a Product/Products in parts. In the event of partial deliveries, Star Remedies is entitled to invoice the Entrepreneur/Purchaser separately for those partial deliveries of the Product/Products and to charge any costs associated with partial deliveries to the Entrepreneur/Purchaser in addition.

6.5 The delivery times stated are approximate and are not binding for Star Remedies and certainly not to be regarded as a fatal term. Delivery times stated by Star Remedies only commence from the moment at which the agreement has been concluded and all data required by Star Remedies for the performance of the agreement have been provided by the Entrepreneur/Purchaser to Star Remedies and receipt has been confirmed by Star Remedies.

6.6 Exceeding the delivery time does not oblige Star Remedies to pay any (damage) compensation to the Entrepreneur/Purchaser. After exceeding the delivery time, the Entrepreneur/Purchaser may give Star Remedies written notice of default, stating a final reasonable delivery term of at least 7 days. After the expiry of the reasonable term, the Entrepreneur/Purchaser has the right to terminate the agreement in writing, unless the cause of the exceeding of the delivery time cannot be attributed to Star Remedies. Star Remedies may extend the delivery times or suspend the given orders by the period of time during which the Entrepreneur/Purchaser fails to pay, or has failed to pay, any amount owed and/or due to Star Remedies.

6.7 If the Entrepreneur/Purchaser refuses to cooperate in the delivery of the Product/Products, the Entrepreneur/Purchaser is obliged to pay Star Remedies compensation equal to 15% of the invoice amount of the Product/Products. Star Remedies is also entitled to store the Product at the expense and risk of the Entrepreneur/Purchaser.

6.8 If Star Remedies is at any time required by the government to take back any outer packaging, residual material, etc. present upon delivery of its Product/Products, any costs incurred in this context, including destruction, will be borne by the Entrepreneur/Purchaser.

6.9 If Star Remedies is confronted with recall actions by its suppliers, for example not exclusively in connection with product defects and/or defects in the manufacturing or packaging of a Product/products, the Entrepreneur/Purchaser must deal with the relevant Product/Products in accordance with the recall procedure made known to Entrepreneur/Purchaser by Star Remedies in those cases. In the event of a recall action, Entrepreneur/Purchaser will provide full cooperation and immediately follow all instructions from Star Remedies.

Article 7          FORCE MAJEURE

7.1 Star Remedies is not obliged to fulfil any obligation towards the Entrepreneur/Purchaser if the non-fulfilment is the result of a circumstance that is not its fault, nor for which it is responsible under the law, a legal act or generally accepted views. Force majeure is also understood in these general terms and conditions to mean any circumstance beyond the control of Star Remedies – even if this was already foreseeable at the time the agreement was concluded – which permanently or temporarily prevents performance of the agreement (i.e. non-attributable failure to perform), including but not limited to: strikes, excessive absenteeism due to illness of Star Remedies personnel, transport difficulties, fire, government measures (such as import and export bans and quotas), business disruptions at Star Remedies, default by suppliers of Star Remedies as a result of which Star Remedies can no longer fulfil its obligations towards the Other Party, as well as other serious disruptions in the business of Star Remedies or its suppliers, as well as mobilisation, threat of war, riots, strikes, acts of terror, demonstrations, epidemics, pandemics, frost, snow nuisance, flooding, storm damage and other natural disasters, as well as any impediment that is directly or indirectly caused by laws, measures or decisions of international, national and/or regional (government) authorities.

7.2 If a force majeure situation occurs, Star Remedies is entitled to fulfil the agreement at a later time, or to (partially) suspend or partially dissolve the agreement, all at the sole discretion of Star Remedies and without any obligation to pay damages arising on the part of Star Remedies at any time.

7.3 Star Remedies is also entitled to invoke force majeure if the circumstance that results in the force majeure occurs after Star Remedies should have delivered the Product(s).

Article 8          LIABILITY

 8.1 Except in the case of intent or deliberate recklessness, all liability of Star Remedies, such as for business damage, loss of profit, stagnation and other indirect damage, as well as damage resulting from liability towards third parties, is excluded.

8.2 Star Remedies is furthermore not liable for damage caused by improper use of the Product/Products or by using them for a purpose other than that for which they are suitable according to objective standards.

8.3 The Entrepreneur/Purchaser is obliged to indemnify Star Remedies or to compensate Star Remedies for all claims by third parties for compensation for damage for which the liability of Star Remedies is excluded in these general terms and conditions in the relationship with the Entrepreneur/Purchaser.

8.4 If Star Remedies cannot claim the above limitations of liability, the liability of Star Remedies, insofar as this is covered by its (liability) insurance, is limited to the amount of the payment made by the insurer. At the request of the Entrepreneur/Purchaser, Star Remedies will provide information on the amount up to which Star Remedies is insured. If the insurer does not pay out in any case or if damage is not covered by the insurance, Star Remedies’ liability is limited to a maximum of the full purchase price of the Product/Products.

8.5 Any possible claim against Star Remedies will lapse if Star Remedies has not been sued within 12 months after a claim has been received by it.

8.6 Star Remedies is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.

Article 9          COMPLAINTS

9.1 Without prejudice to the provisions of Articles 6.2 and 6.3 of these general terms and conditions, all complaints must be submitted to Star Remedies in writing within 7 days after delivery of the Product(s), accurately stating the nature and grounds of the complaint(s). If the Entrepreneur/purchaser damages, opens and/or breaks packaging or products from Star Remedies, the Entrepreneur/Purchaser is obliged to accept and pay for these Products.

9.2 For complaints regarding hidden defects (defects not visible upon delivery), a deadline of two months after delivery applies, while these complaints must be submitted to Star Remedies in writing within 7 days after discovery of the hidden defect.

9.3 After the expiry of the periods mentioned in Articles 9.1 and 9.2 of these general terms and conditions, the Entrepreneur/Purchaser is deemed to have approved the Product(s) and any right of claim of the Entrepreneur/Purchaser irrevocably lapses. In that case, complaints by the Entrepreneur/Purchaser will no longer be processed by Star Remedies.

9.4 If the complaint is found to be justified by Star Remedies, Star Remedies is only obliged to replace the defective Product or to supplement any shortage. In this case, Star Remedies is never liable to pay any compensation to the Entrepreneur/Purchaser. Any liability of Star Remedies will at all times be limited to the value of the delivered Products about which the Entrepreneur/Purchaser complained. If the Entrepreneur/Purchaser has taken the delivered Product into use, or has processed or edited it, or has delivered it to a third party, the right to complain lapses.

9.5 Submitting a complaint never releases the Entrepreneur/Purchaser from his payment obligations towards Star Remedies and never gives the Entrepreneur/Purchaser the right to (temporarily) suspend his payment obligation.

9.6 Return of the Product by the Entrepreneur/Purchaser can only take place after prior written permission from Star Remedies and under conditions to be determined by Star Remedies, whereby the Entrepreneur/Purchaser is obliged to follow all instructions from Star Remedies.

9.7 If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by Star Remedies, will be borne in full by the Entrepreneur/Purchaser.

9.8 In deviation from the statutory limitation periods, the limitation period for all claims and defenses against the User and third parties involved by the User in the performance of an agreement is one year.

Article 10        WARRANTY

Warranty on the Product(s) supplied by Star Remedies that Star Remedies has purchased elsewhere is only given to the Entrepreneur/Purchaser to the extent that the supplier of Star Remedies has provided this warranty to Star Remedies.

Any form of warranty shall lapse if a defect has arisen as a result of or results from improper or inappropriate use thereof or use after the expiration date, incorrect storage or maintenance thereof by the Entrepreneur/Purchaser and/or by third parties when, without the written permission of Star Remedies, the Entrepreneur/Purchaser or third parties have made or attempted to make changes to the Product(s), or if these were processed or edited in a manner other than that prescribed. The Entrepreneur/Purchaser is also not entitled to a warranty if the defect has arisen as a result of or is the result of circumstances over which Warranty on the Product(s) supplied by Star Remedies that Star Remedies has no influence, including incorrect storage or extreme fluctuations in temperatures) etc.

Article 11        PAYMENT

11.1 Payment must be made by crediting the amount to a bank account designated by Star Remedies within 14 days after the invoice date. The payment term is a fatal term.

11.2 Payment by the Entrepreneur/Purchaser must be made without any deduction or settlement.

11.3 Star Remedies is, without prejudice to the right to compensation for costs, interest and/or damages, entitled to (i) terminate the agreement in writing in whole or in part or (ii) immediately claim and reclaim any amount that the Entrepreneur/Purchaser owes to Star Remedies on the basis of the Product(s) delivered by Star Remedies in its entirety if:

  1. the Entrepreneur/Purchaser is declared bankrupt, applies for a moratorium, applies for statutory debt restructuring for natural persons;

 

  1. the Entrepreneur/Purchaser’s company goes into liquidation, is closed down or is transferred in whole or in part to third parties;

 

  1. the Entrepreneur/Purchaser dies or is placed under guardianship;

 

  1. the Entrepreneur/Purchaser’s assets are seized;

 

  1. the Entrepreneur/Purchaser fails to pay an invoice amount or part thereof within the specified period;

11.4 From the moment that the payment term has expired and the Entrepreneur/Purchaser has not paid the amount owed to Star Remedies in a timely manner, Star Remedies is entitled to terminate the agreement in whole or in part without further notice of default. Star Remedies is entitled to charge all costs associated with the collection of the invoices due, including extrajudicial (collection) costs, to the Entrepreneur/Purchaser with a minimum of Euro 60.00 per invoice and without prejudice to the right of Star Remedies to claim any reasonable higher costs from the Entrepreneur/Purchaser. Any repayments/payments by the Entrepreneur/Purchaser will first serve to pay the interest owed by the Entrepreneur/Purchaser to Star Remedies and then to pay the collection/recovery costs owed by the Entrepreneur/Purchaser to Star Remedies, with the exception of legal costs. Only after that will the repayment of Entrepreneur/Purchaser serve to pay the oldest outstanding claim of Star Remedies, whereby Star Remedies does not have to take into account any description used by Entrepreneur/Purchaser in his payment.

11.5 If Star Remedies at any time owes Entrepreneur/Purchaser monies, Star Remedies is entitled to offset these with any amounts owed by Entrepreneur/Purchaser.

Article 12        INTEREST AND COSTS

12.1 If payment by the Entrepreneur/Purchaser to Star Remedies has not been made on time, the Entrepreneur/Purchaser is legally in default and the Entrepreneur/Purchaser owes the statutory commercial interest on the outstanding amount of the invoice from the due date of the invoice.

12.2 In the event of default by the Entrepreneur/Purchaser, Star Remedies is entitled, without prejudice to the provisions of the Dutch Civil Code, to suspend the agreement concluded with the Entrepreneur/Purchaser and/or to dissolve it in whole or in part, at the sole discretion of Star Remedies. In that case, Star Remedies is entitled to full compensation.

12.2 All judicial and extrajudicial costs that Star Remedies must incur for the collection of an invoice after the payment term has expired, shall be borne by the Entrepreneur/Purchaser, with a minimum of 15% of the invoice value including VAT and in addition to Article 11.4 aforementioned.

Article 13        INDEMNIFICATION

The Entrepreneur/Purchaser shall indemnify Star Remedies against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to parties other than the User. If Star Remedies is approached by third parties on this basis, the Entrepreneur/Purchaser is obliged to assist Star Remedies both out of court and in court and to immediately do everything that may be expected of him in that case. If the Entrepreneur/Purchaser fails to take adequate measures, Star Remedies is entitled, without notice of default, to take such measures itself. All costs and damage incurred by Star Remedies and third parties as a result thereof shall be fully for the account and risk of the Entrepreneur/Purchaser.

 

Article 14        RETENTION OF OWNERSHIP

14.1 All products delivered by Star Remedies to Entrepreneur/Purchaser remain the property of Star Remedies until the moment at which the purchase price due, possibly increased by interest and/or costs, has been paid in full by Entrepreneur/Purchaser. Star Remedies delivers its Product(s) to Entrepreneur/Purchaser under the suspensive condition of timely and full purchase price payment. Ownership of the delivered Product(s) will only be transferred to Entrepreneur/Purchaser after full payment.

14.2 Items delivered by Star Remedies that fall under the retention of title pursuant to section 1 may not be resold and may never be used as a means of payment. Entrepreneur/Purchaser is not permitted to pledge unpaid Product(s) and/or to establish a non-possessory pledge on them or to establish any other property right on the Product(s) of Star Remedies for the benefit of a third party. The Entrepreneur/Purchaser must always do everything that may reasonably be expected of him to safeguard the ownership rights of Star Remedies. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Entrepreneur/Purchaser is obliged to immediately inform Star Remedies thereof.

14.3 The Entrepreneur/Purchaser hereby grants Star Remedies the right, in the event of a situation as referred to in point 1 and/or 2, to enter all locations at the Entrepreneur/Purchaser, in order to give Star Remedies the opportunity to exercise its ownership rights and to take back and take back the unpaid Product(s).

 Article 13        APPLICABLE LAW AND COMPETENT COURT

13.1 All offers, order confirmations and agreements to which these general terms and conditions apply are subject to Dutch law.

13.2 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.

13.3 The judge of the Amsterdam District Court has exclusive jurisdiction to hear disputes arising from agreements concluded with Star remedies, unless the subdistrict court has jurisdiction. Star remedies is free to submit a dispute to the competent judge of the place of business of the Entrepreneur/Purchaser.

 

 Article 15        GENERAL TERMS AND CONDITIONS

These general terms and conditions were established on 25-01-2021 and filed with the Chamber of Commerce in Amsterdam. The most recently filed version always applies to the agreement concluded with Entrepreneur / Purchaser. The general terms and conditions are also published on the Star Remedies website. Star Remedies uses general terms and conditions that are drawn up in the Dutch language. If a dispute arises regarding the interpretation of the translated general terms and conditions, the intention and interpretation of the Dutch language of the general terms and conditions will be decisive.