Terms and Conditions
EXTRA WARNING: If you place an order with us and have accepted the general terms and conditions and the associated terms of use, you also indicate that you are aware of the dangers when working with essential oils. 4Fillers is never responsible for any damage resulting from incorrect use/application of the essential or carrier oils other than the assigned function cosmetic use.
Terms and Conditions 4Fillers
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
As soon as you place an order on the shop page, we assume that you have read the conditions carefully that you agree with these general and use conditions. This is what it looks like:
The terms of use can also be found automatically in the general terms and conditions.
Definitions:
EPS Trading Company: established in Bunschoten and registered with the Chamber of Commerce under registration number 62668986 trading under the name 4Fillers
Website: the website of 4Fillers, which can be consulted via https://4fillers.nl/ and all associated subdomains.
Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with 4Fillers and/or has registered on the Website.
Agreement: any agreement or agreement between 4Fillers and the Customer, of which agreement the General Terms and Conditions form an integral part.
General Conditions: the present General Conditions.
Article 1. Applicability of General Terms and Conditions
1.1. The General Terms and Conditions and Conditions of Use apply to all offers, Agreements and deliveries of 4Fillers, unless expressly agreed otherwise in writing.1.2. If the Client includes provisions or conditions in its order, confirmation or notification of acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on 4Fillers if and insofar as they have been expressly accepted by 4Fillers in writing.
1.3. In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Article 2. Prices and information
2.1. All prices stated on the Website and in other materials originating from 4Fillers include VAT and, unless stated otherwise on the Website, other levies imposed by the government.2.2. The shipping costs in the Netherlands are € 5.95 ex VAT. These costs can also be found on the Website. In addition, these costs will be displayed in the ordering process. Outside the Netherlands we ship at the average rate of approximately €15 ex VAT. You can automatically calculate the current price on every product page with the shipping method.
2.3. The content of the Website has been compiled with the greatest care. However, 4Fillers cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from 4Fillers are therefore subject to obvious programming and typing errors.
2.4. 4Fillers cannot be held responsible for (color) deviations as a result of screen quality.
Article 3. Conclusion of Agreement
3.1. The Agreement is concluded at the time of acceptance by the Customer of 4Fillers' offer and compliance with the conditions set by 4Fillers.3.2. If the Customer has accepted the offer electronically, 4Fillers will immediately confirm receipt of the acceptance of the offer electronically.
3.3. If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, 4Fillers has the right to fulfill its obligation only after the correct information has been received.
3.4. 4Fillers can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a
responsible conclusion of the Agreement. If, on the basis of this investigation, 4Fillers has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.
Article 4. Registration
4.1. In order to make optimal use of the Website, the Customer must be able to register via the registration form/account login option on the Website. Also, all safety documents about the product function and applications and safety precautions before purchasing the product can be found in the google drive link under each product page.4.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
4.3. Customer must keep his login details, username and password strictly confidential. 4Fillers is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
4.4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or inform 4Fillers thereof as soon as possible, so that 4Fillers can take appropriate measures.
Article 5. Execution of the Agreement
5.1. As soon as the order has been received by 4Fillers, 4Fillers will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.5.2. 4Fillers is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3. On the Website it is clearly described, in good time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
5.4. If 4Fillers cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he is given the option to dissolve the Agreement free of charge.
5.5. 4Fillers advises the Customer to inspect the delivered products within 24 hours and to report the defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity for more details.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products at a postal location, the risk transfers directly to the Customer upon transfer from the postal deliverer to the postal location.
5.7. 4Fillers is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 6. Right of withdrawal
6.1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.6.2. The customer has the right to dissolve the distance agreement with 4Fillers within 14 days after receipt of the product, without stating reasons, free of charge.
6.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
6.4. Only the direct costs for the return shipment are for the account of the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, 4Fillers will provide an estimate of these costs. Any costs paid by Customer for shipping and payment of the product to Customer will be refunded to Customer upon return of the entire order.
6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and inspect the label whether the contents and the ordered item are correct. After opening the seal on the cap, the product cannot be taken back for reasons of health protection or hygiene. The product is offered sealed and if the seal is broken, the right of return expires.
6.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
6.7. The Customer can dissolve the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to 4Fillers, or by making it known in another unambiguous way to 4Fillers that he renounces the purchase. In the event of a digital notification, 4Fillers will confirm receipt of that notification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
4Fillers
Amersfoortseweg 30-26
3751 LK Bunschoten Attn. Returns
6.8. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way that the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, 4Fillers does not have to reimburse the additional costs for the more expensive method. Unless 4Fillers offers to collect the product itself, 4Fillers may withhold payment until 4Fillers has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
6.9. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
Article 7. Payment
7.1. The Customer must make payments to 4Fillers according to the payment methods indicated in the order procedure and possibly on the Website. 4Fillers is free in its choice of payment methods and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 7 days starting on the day after delivery.
7.2. If the Customer does not meet his payment obligation(s) in time, after he has been notified by 4Fillers of the late payment and 4Fillers has granted the Customer a period of 14 days to still meet his payment obligations, after the failure to pay of payment within this 14-day term, the statutory interest is owed on the amount still owed and 4Fillers is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. 4Fillers may deviate from the stated amounts and percentages in favor of the Client.
Article 8. Warranty and Conformity
8.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If 4Fillers gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to what has just been stated.
8.2. 4Fillers guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, 4Fillers also guarantees that the product is suitable for other than normal use.
8.3. If the delivered product does not comply with the Agreement or shows an irregularity in the label, the Customer must inform 4Fillers thereof within 24 hours after discovering the defect. This means that action can be taken quickly and in good time if there is a danger to health. In order to limit the risk of further damage to any other customers.
8.4. If 4Fillers considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
Article 9. Warranty for business purchases
9.1. 4Fillers guarantees that the products comply with the Agreement, the specifications and function stated in the offer (see product page, SDS and/or PDS in your account), the reasonable requirements of reliability and/or usability and the date existing legal provisions and/or government regulations of the conclusion of the Agreement. 4Fillers also guarantees that the product is suitable for normal cosmetic use.
9.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must inform 4Fillers thereof within 3 working days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.
9.3. If 4Fillers considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 10. Complaints procedure
10.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of 4Fillers' services, he can submit a complaint to 4Fillers by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
10.2. 4Fillers will provide the Customer with a response to his complaint as soon as possible, but in any case within 5 days of receipt of the complaint. If it is not yet possible to give a substantive or definitive response, 4Fillers will confirm the complaint within 5 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or final response to the complaint. from Customer.
10.3. Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European Dispute Resolution Platform, which can be reached at http://ec.europa.eu/odr/.
Article 11. Liability
11.1. This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
11.2. The total liability of 4Fillers towards the Customer due to attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3. 4Fillers' liability towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
11.4. Except for the cases mentioned in the previous two paragraphs of this Article, 4Fillers has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent on the part of 4Fillers.
11.5. The liability of 4Fillers towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives 4Fillers immediate and proper written notice of default, thereby setting a reasonable term to remedy the shortcoming, and 4Fillers also after that term in the fulfillment of its obligations. continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that 4Fillers is able to respond adequately.
11.6. A condition for the existence of any right to compensation is always that the Customer reports the damage to 4Fillers in writing as soon as possible, but at the latest within 14 days after it has arisen.
11.7. In the event of force majeure, 4Fillers is not obliged to pay compensation for any damage caused to the Customer as a result.
Article 12. Retention of Title Business Purchases
12.1. As long as the Business Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of 4Fillers.
Article 13. Personal data
13.1. 4Fillers processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Article 14. Final provisions
14.1. Dutch law applies to the Agreement.
14.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where 4Fillers is located.
14.3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
14.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Article 15. Safety and Cosmetics
The Essential oils, carrier oils and all fats from 4Fillers are only suitable for cosmetic applications. These products can cause serious damage to health if used incorrectly. It is therefore important that every customer reads carefully before ordering and using the products on our website. Before the order is placed, the customer is expected to have read the following information pages carefully and to be aware of the general and usage conditions, safety regulations and risks in case of incorrect application.
4Fillers has attempted to have all this safety information available on the website.
In the unlikely event that documents cannot be found, the customer is obliged to contact us immediately before the products are put into use. In order to guarantee health and safety. 4Fillers cannot be held liable in any way if a document is not available and the product is subsequently processed.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
4Fillers
Amersfoortseweg 30-26
3751 LK Bunschoten
These terms and conditions were drawn up on June 14, 2020.