Terms of Service

These General Terms and Conditions apply to every order placed with Ayurveda Heritage. Please read them carefully before placing your order.

Article 1 – Definitions

In these terms and conditions:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
• Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded within a system organized by the entrepreneur for the distance selling of products and/or services, using exclusively one or more techniques for distance communication up to and including the conclusion of the contract;
• Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;
• General terms and conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Ayurveda Heritage is a store operated under the trade name [Company name].
[Company name] · [Address] · [Postal code and city] · [Country]
Business registration number: [Registration number]
Email: support@ayurveda-heritage.co

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible on request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, on request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will remain in force in all other respects, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the intent of the original.

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Any uncertainty about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. Where the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

Product images are a true representation of the products offered. Because every Ayurveda Heritage piece is handcrafted from pure copper, small variations in hammering, finish and colour are normal, and the entrepreneur cannot guarantee that the colours shown match the actual colours of the products exactly.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

• the price, excluding any import duties and taxes (such as GST/HST) that may be charged on delivery. These additional costs are at the customer's expense and risk. Where they apply, the postal or courier service will collect them from the recipient of the goods;
• any shipping costs;
• the manner in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
• the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
• whether the contract will be archived after it is concluded and, if so, how the consumer can consult it;
• the way in which the consumer can check and, if necessary, correct the information they provided in connection with the contract before it is concluded;
• any languages other than English in which the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing transaction. Optionally: available sizes, finishes and types of material.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the limits of the law, the entrepreneur may verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The entrepreneur will provide the consumer, together with the product or service, with the following information in writing or in such a way that the consumer can easily store it on a durable medium:

• the address of the entrepreneur's establishment where the consumer can submit complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the information referred to in Article 4 of these terms, unless the entrepreneur has already provided this information to the consumer before the contract was performed;
• the requirements for terminating the contract if it has a duration of more than one year or is for an indefinite period.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive condition that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

When purchasing products, the consumer may withdraw from the contract without giving any reason within 30 days. This cooling-off period starts on the day after the product has been received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must do this in writing or by email to support@ayurveda-heritage.co. After the consumer has made known that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not made known that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the goods is borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of the complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in good time before the contract is concluded. Exclusion of the right of withdrawal is only possible for products:

• that have been made by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygiene products of which the consumer has broken the seal, such as a tongue scraper that has been used.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• whose performance began with the consumer's express consent before the cooling-off period expired;
• relating to bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in tax rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

All prices are shown in Canadian dollars (CAD). Our products are handcrafted and shipped from outside Canada. Any import duties and taxes (such as GST/HST) that the carrier or the Canada Border Services Agency charges on delivery are payable by the recipient.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in undamaged condition.

The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

• the consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been treated contrary to the instructions of the entrepreneur and/or the instructions on the packaging, such as storing acidic drinks in copper or cleaning in a dishwasher;
• the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

The natural patina and darkening that copper develops over time is not a defect.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

With due observance of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. Because our products are handmade to order, the expected production and delivery times are stated in our Shipping & Delivery policy.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination

The consumer may terminate a contract entered into for an indefinite period for the regular delivery of products or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate a contract entered into for a fixed period for the regular delivery of products or services at any time towards the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

• at any time, without being limited to termination at a particular time or in a particular period;
• at least in the same way as they were entered into;
• always with the same notice period that the entrepreneur has stipulated for itself.

Renewal

A contract entered into for a fixed period for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

A contract entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, payment is made at the time of ordering, using one of the payment methods offered at checkout. In the case of a contract for the provision of a service, the payment period begins after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

If the consumer fails to pay, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects. Complaints can be sent to support@ayurveda-heritage.co.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad. This does not affect any mandatory consumer protection rights that apply to you under the laws of your province or territory of residence.

BLK E-commerce
Antoon de Winterstraat 12
6001 SP Weert
Netherlands

Chamber of Commerce (KvK): 97301531
VAT: NL005261809B65

Email: support@ayurveda-heritage.co
Phone: +31 6 13353893
Customer service: Monday to Friday, 9:00 – 17:00 (CET). We reply to all messages within 24 hours.