General Terms and Conditions of MAV Europe B.V. for Trader

Section 1 Application field

These general terms and conditions apply to remote sale and purchase agreements concluded between Maharishi Ayurveda Europe B.V. as the seller and the consumer as the buyer.

Section 2 Definitions

In these general terms and conditions the stated terms shall have the following meaning:

1) Consumer: every natural person who, under the agreements, act for purposes outside his business or professional activities;

2) Remote sales or purchase agreements: every agreement between Ayurveda Europe B.V. and a consumer regarding goods, concluded within the framework of a remote sales system set up by Maharishi Ayurveda Europe B.V., which for the purposes of this agreement solely uses one or more technologies for remote communication, up to conclusion of the agreement;

3) MAV Europe: the private limited company Maharishi Ayurveda Europe B.V.

Section 3 Offers and agreements

1) The main characteristics of the goods by Maharishi Ayurveda Europe B.V. are evidenced by the Internet site of Maharishi Ayurveda Europe B.V.. Offers made by Maharishi Ayurveda Europe B.V. are without obligation at all times.

2) No rights can be derived from errors in the pricelist or the Internet Site regarding the goods or prices.

3) Sometimes, colours and/or images of the product on the Internet site may deviate from the actual colours and/or actual condition of the goods.

Section 4 Prices, terms of payment and shipping costs

1) The product prices quoted in the most recent pricelist or on the Internet site are inclusive of VAT and product packaging

2) Shipping costs outside the Netherlands: For shipments abroad, the actual shipping costs shall be charged. The product prices must be paid into the account of Maharishi Ayurveda Europe B.V. within 14 days of delivery of the goods.

3) Shipping costs within the Netherlands:
Maharishi Ayurveda products only, up to € 100.00: € 5.50.
Maharishi Ayurveda products only, above € 100.00: no shipping costs.

Section 5 Delivery conditions

1) Maharishi Ayurveda Europe B.V. endeavours to deliver orders of goods in stock within 3-5 working days. This is a nonbinding term and only serves as an indication. The stock information on the Internet site may deviate from actual stocks. No rights can therefore be derived from the information on the Internet site.

2) Maharishi Ayurveda Europe B.V. shall deliver the goods ordered within 14 days, counting from the day on which you have sent your order to Maharishi Ayurveda Europe B.V.

3) If Maharishi Ayurveda Europe B.V. is unable to deliver your order (in full) because (some of) the goods ordered are not in stock, you shall be notified of that.

4) Maharishi Ayurveda Europe B.V. is entitled to deliver a different product of similar quality and price if the product ordered cannot be delivered within 20 days.

5) Should Maharishi Ayurveda Europe B.V. not be able to deliver goods of similar quality and price as referred to in paragraph 4, you can ask for the money you paid to be refunded as soon as possible, yet within 30 days.

Section 6 Cooling-off period

1) Once you have ordered a product, you have a 14-day cooling-off period during which you can dissolve (or cancel) the agreement without having to pay a penalty and without having to state the reasons. You can dissolve the agreement by telephone, in writing (by letter, fax or e-mail) or by returning the goods. The term starts following receipt of this written or telephonic information, but not before the goods have been received by the recipient (in the case of a repeat order of similar goods, not before arrival of the first partial delivery). The dissolution term is acknowledged by the timely submission of the dissolution, dissolution by telephone or return of the goods.

2) If you exercise your right to dissolve the agreement, you are responsible for returning the goods, preferably by TNT Post. This shall in any case be at your own expense.

3) Goods must be returned to the address listed in article 8.

4) The costs for return shipments are payable by you when delivery was made in accordance with the order and when the order value of the goods to be returned does not exceed € 40.00, or when, in the case of higher order value, you have not yet made the full payment or complied with the agreed payment term upon dissolution.

5) When you exercise the right to dissolve the agreement, Maharishi Ayurveda Europe B.V. is obliged to refund the money you have transferred or paid, free of charge. This return payment shall in any case be made within 30 days. This does not apply to Raam Raj products, if you have submitted the return form, stating that you wish to receive replacement goods - instead of a refund - and which goods they are. A new invoice shall be sent for replacement goods.

6) The right to dissolve the agreement as described in paragraph 1 of this provision does not apply:
a) to the delivery of audio and video recordings and computer software whose seal has been broken;
b) to the delivery of newspapers and magazines;
c) to the delivery of goods that were manufactured on the basis of your specifications, goods which have an obvious personal character, goods which cannot be returned due to their nature, or goods that go off or age quickly:
d) to services regarding bets and lotteries.

7) Should any of the returned goods be damaged, the drop in value of the goods shall be charged to you, and set off against any amounts still due.

Section 7 Damaged to goods

1) In the event of a defect of the good ordered, you can demand either a replacement or repair of the goods.

2) You must report any defects to Maharishi Ayurveda Europe B.V. within 7 days of receipt and state your option as referred to in the paragraph 1. You are not allowed to dissolve the agreement during the period of repair or replacement of the goods. If after repair or replacement the defect still appears to be present, you may dissolve the agreement within 14 days of the repair or replacement having been carried out and demand a refund of any monies paid.

3) The liability of Maharishi Ayurveda Europe B.V. for any losses as a result of a defect of the goods ordered is hereby excluded, unless in the event of intent or gross negligence.

Section 8 Complaints

Any complaints regarding the delivery and/or goods must be submitted to Maharishi Ayurveda Europe B.V., Looskade 20, 6041 LE Roermond, the Netherlands. Also contact us at the above address should you have any questions about the goods delivered or otherwise.

Section 9 Retention of title

The goods delivered by Maharishi Ayurveda Europe B.V. remain the property of Maharishi Ayurveda Europe B.V. until you have correctly and fully fulfilled all (payment) obligations arising from the agreement. The purchaser must forthwith inform us of a possible seizure under execution by third parties involving the retained goods, including the details required for a cession of a reservation of ownership. The same applies to any other prejudicing. Regardless of the above, the purchaser is obliged to inform third parties of the fact that the goods are subject to retention of title, in advance.

Section 10 Interest and extrajudicial costs

1) Following expiry of the payment term, Maharishi Ayurveda Europe B.V. is entitled to charge interest on the outstanding amount at 1.5% per month, starting from the first day the consumer is in default until the day of full settlement.

2) Following expiry of the payment term, you are further obliged to accept responsible for and fully settle any extrajudicial costs incurred by Maharishi Ayurveda Europe B.V.,including legal costs and legal assistance fees, subject to a minimum of 15% of the amount owed.

Section 11 Applicable law

All agreements between you and Maharishi Ayurveda Europe B.V. are governed by Dutch law. Any dispute about and/or arising from the agreement between you and Maharishi Ayurveda Europe B.V. shall be submitted for assessment to a Dutch court of Law.

Section 12 Force majeure

1) In the event that MAV Europe B.V. is unable to deliver the performance owed due to force majeure of natural character, it shall be released from its obligation to perform for the duration of the independence.

2) If for a period or more than one month, MAV Europe B.V. is unable to process the order and/or dispatch the goods due to force majeure, the purchaser shall be entitled to dissolve the agreement.

Section 13 Data protection

This concerns a statement regarding the protection of your personal data.
We are pleased with the interest you have shown in our homepage and company. Despite careful monitoring of the contents, we are unable to accept liability for external links to improper sites. The protection of the personal details we receive from you as part of your visit to our homepage and the subsequent processing and use thereof is extremely important to us. Your details are protected within the framework of the statutory provisions. Information as to what details are stored during your visit to the homepage and how these are used is listed below.

1) Receiving and processing details
Each visit to and retrieval of a file on the homepage is recorded.
This information is stored for system and statistic purposes.
The following information is stored: the name of the file that is retrieved, date and time of contact, the volume of data transferred, report on whether or not contact was successful, the web browser and the domain of the visitor. In addition, the IP addresses of the visiting computer are recorded. Further personal details are only stored when provided by you voluntarily as part of e.g. an application or registration.

2) Using and forwarding personal details
Personal details made available to us by you shall solely be used for responding to your requests, the performance of agreements entered into with you and technical administration purposes.
Your personal details are forwarded to third parties if so required for the performance of the agreement - particularly with regard to forwarding order details to suppliers - or if so required for the settlement or when you have granted your prior approval to this. You are entitled to withdraw any approvals granted at all times, now and in the future.
Personal details that are stored are deleted only when you withdraw your approval, when the storage of your details is no longer required in relation to the intended purpose or when the storage thereof is legally not allowed.

3) Right to be informed
We shall inform you of any information stored in relation to you, subject to your written request.

Security provision:
We use all technical and organizational options available to us and make every effort to store your personal details in such a way to prevent unauthorized access by third parties. In the event of communication by e-mail, we are unable to issue a failsafe guarantee in terms of the security of the data.
MAV Europe B.V. meets all requirements with regard to the statutory protection of data, particularly the provisions of the Telecommunications (Consumer Protection) Act.

Section 14 Written communication

Deviation from these General Terms and Conditions, additional provisions and agreements are subject to written confirmation (i.e. letter, fax or e-mail). This serves to provide partners with documentary evidence for proof of any agreements entered into.

Section 15 Final provisions

The applicability of UN law pertaining to procurement and sales is excluded. Solely Dutch law applies. Finally, we would like to point out that the full or partial invalidity of one or more provisions of these General Terms and Conditions or of agreements entered into with you do not affect the validity of the remainder shall be replaced by the relevant statutory provision.