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Terms and Conditions 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Duration Trades: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

 

Article 1 - Definitions

In these terms and conditions shall apply:

  1. Reflection time: The period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with Helmosan;
  3. Day: Calendar;
  4. Length Transaction: A remote agreement with regard to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
  5. Durable medium: any means that enables the consumer or Helmosan to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: The ability for the consumer to waive the distance contract within the cooling-off period;
  7. Model Form: the model withdrawal form that Helmosan makes available that a consumer can fill in when he wants to make use of his right of withdrawal. 
  8. Entrepreneur or HelmosanThe natural or legal products and / or remote services and consumer services;
  9. Distance contract: an agreement in which, within the framework of a system organized by Helmosan for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and Helmosan meeting simultaneously in the same room.
  11. Terms and Conditions:the present General Terms and Conditions of the Helmosan.

Article 2 - Identity of the entrepreneur / Helmosan

Helmosan

Heivlinderweg 63

1113LS DIEmen

Phone number: 06-24409390

This email address is being protected from spambots. You need JavaScript enabled to view it.

Chamber of Commerce: 68703406

VAT identification number: NL001864482B56

Article 3 - Applicability 

  1. These general terms and conditions apply to every offer from Helmosan and to every distance agreement and orders between Helmosan and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Helmosan and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
  5. If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
  6. Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions. 

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. Helmosan is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Helmosan uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Helmosan.
  4. All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Helmosan cannot guarantee that the displayed colors correspond exactly to the real colors of the products. 
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in the 
    special:
    • The price including taxes;
    • The possible shipping costs;
    • The manner in which the agreement will be established and what action is required for this purpose;
    • Whether or not it applies to the right of withdrawal;
    • The manner of payment, delivery and execution of the agreement;
  • the term for acceptance of the offer, or the term within which Helmosan guarantees the price;
  • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
  • Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
  • The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
  • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
  • the codes of conduct to which Helmosan has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the remote agreement in case of a long-term transaction.
  • Available sizes, colours, type of material

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, Helmosan will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Helmosan, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, Helmosan will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Helmosan will take appropriate security measures.
  4. Helmosan can inform itself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Helmosan on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
  5. Helmosan will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the Helmosan branch where the consumer can go with complaints;
  7. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  8. The information about guarantees and existing post-purchase service;
  9. the information included in Article 4 paragraph 3 of these terms and conditions, unless Helmosan has already provided this information to the consumer before the execution of the agreement;
  10. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
  11. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.  

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to Helmosan.
  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Helmosan, in accordance with the reasonable and clear instructions provided by Helmosan.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Helmosan within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. 
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to Helmosan, the purchase is a fact. 

On delivery of services:

  1. When providing services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will refer to the reasonable and clear instructions provided by Helmosan with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal 

  1. If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
  2. If the consumer has paid an amount, Helmosan will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
  4. The consumer cannot be held liable for depreciation of the product if Helmosan has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  1. Helmosan can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Helmosan has stated this clearly in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: 
  3. that have been created by Helmosan in accordance with the consumer's specifications;
  4. that are clearly personal in nature;
  5. that can not be returned due to their nature;
  6. that spoil or become obsolete;
  7. the price of which is subject to fluctuations in the financial market over which Helmosan has no influence;
  8. for individual newspapers and magazines;
  9. For audio and video recordings and computer software that the consumer has broken the seal.
  10. For hygienic products whose consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
  13. Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
  14. Regarding bets and lotteries.

Article 9 - Price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, Helmosan can offer products or services whose prices are subject to fluctuations in the financial market and over which Helmosan has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer. 
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Helmosan has stipulated this and: 
  5. they are the result of legislation or regulations; whether
  6. The consumer has the power to cancel the agreement as of the date of the price increase.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, Helmosan is not obliged to deliver the product according to the incorrect price. 

Article 10 - Conformity and Guarantee

  1. Helmosan guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, Helmosan also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by Helmosan, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Helmosan under the agreement.
  3. Any defects or incorrectly delivered products must be reported to Helmosan in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
  4. Helmosan's warranty period corresponds to the manufacturer's warranty period. However, Helmosan is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Helmosan and/or have been treated on the packaging;
  • The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used. 

Article 11 - Delivery and implementation

  1. Helmosan will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. Considering what is stated in paragraph 4 of this article, the company will execute accepted orders at an accelerated speed, but not later than 30 days, unless consumers agree with a longer delivery period. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation. 
  4. All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.
  5. In the event of dissolution in accordance with paragraph 3 of this article, Helmosan will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, Helmosan will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of Helmosan.
  7. The risk of damage and/or loss of products rests with Helmosan until the moment of delivery to the consumer or a representative designated in advance and made known to Helmosan, unless expressly agreed otherwise.

Article 12 - Duration Trades: duration, termination and renewal

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can agree the agreements mentioned in the previous paragraphs:
  • Terminate at all times and not be restricted to termination at a particular time or in a certain period;
  • At least terminate in the same manner as they have been incurred by him;
  • always cancel with the same notice period as Helmosan has stipulated for himself.

Extension

  1. 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 renewed or renewed for a specified period.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term as referred to in article 6 member 1. In the event of an agreement to provide a service, this period will be accepted after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to Helmosan.
  3. In the event of non-payment of the consumer, Helmosan has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints

  1. Helmosan has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Helmosan within 7 days, after the consumer has discovered the defects.
  3. Complaints submitted to Helmosan will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Helmosan will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  5. In the event of complaints, a consumer must first turn to Helmosan. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved in mutual consultation, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.nl), it will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both Helmosan and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend Helmosan's obligations, unless Helmosan indicates otherwise in writing.
  7. If a complaint is found to be justified by Helmosan, Helmosan will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between Helmosan and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sale Convention does not apply. 

Article 16 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

Helmosan
  • Heivlinderweg 63
  • 06 244 093 90
  • info@helmosan.nl
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