General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance agreement related to a series of products and/or services, whose delivery and/or acceptance obligations are spread over time;
Durable medium: any medium that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement in which, within the framework of an organized system for remote sales of products and/or services, the agreement is concluded exclusively by means of one or more techniques for remote communication;
Technique for remote communication: a medium that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same room;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Vanguard Essentials
Chamber of Commerce number: 95592148
Trade name: Vanguard Essentials
VAT number:
Customer service email: info@VanguardEssentials.com

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and any distance agreement and orders concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the general terms and conditions can be reviewed at the entrepreneur’s premises and that they will be sent to the consumer as soon as possible, free of charge, upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions can be provided electronically, such that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

In the case that specific product or service terms also apply, the second and third paragraphs will apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partly void or annulled, the agreement and these terms and conditions shall otherwise remain in effect and the relevant provision will be replaced as soon as possible by a provision that closely approximates the original meaning.

Situations not addressed in these general terms and conditions shall be assessed according to the spirit of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms should be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a full and accurate description of the offered products and/or services. The description must be detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must accurately represent the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are for indication purposes only and cannot be a basis for claims for damages or cancellation of the agreement.

Images of products are an accurate representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

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

The price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services when importing goods into the EU country of destination. This scheme applies when goods are imported into the destination EU country, as in this case. The postal and/or courier service will collect VAT (possibly together with any customs clearance fees) from the recipient of the goods;
The possible shipping costs;
The method by which the agreement will be concluded and what actions are required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The rate for communication by distance if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
Whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
How the consumer can check and, if desired, correct the information provided by them before entering into the agreement;
The other languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
The minimum duration of the distance agreement in the case of a continuous transaction.

Article 5 – The Agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out in the offer.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this confirmation is provided, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons to not proceed with the agreement based on this investigation, they are entitled to refuse the order or impose special conditions.

The entrepreneur will, with the product or service, send the following information to the consumer, either in writing or in a manner that allows the consumer to store it on a durable medium:

The business address where the consumer can file complaints;
The conditions and method for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information on warranties and after-sales services;
The data specified in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the agreement was executed;
The requirements for terminating the agreement if it lasts longer than one year or is for an indefinite duration. In the case of a continuous transaction, the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of the sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

The consumer can withdraw from the agreement without providing a reason within 14 days. The cooling-off period expires 14 days after the day:

On which the consumer, or a third party designated by the consumer, other than the delivery service, takes possession of the product;
In the case of multiple products ordered by the consumer in a single order but delivered separately, the day on which the consumer, or a third party designated by the consumer, takes possession of the last product;
In the case of a contract for the regular delivery of products during a defined period, the day on which the consumer, or a third party designated by the consumer, takes possession of the first product.

To exercise the right of withdrawal, the consumer must inform the entrepreneur (name, address, telephone number, and email address) of their decision to withdraw from the agreement by means of an unequivocal statement (e.g., in writing, by post, fax, or email).

To comply with the withdrawal period, the consumer must send the notification regarding the exercise of the right of withdrawal before the cooling-off period expires.

Article 7 – Obligations of the Consumer during the Cooling-off Period

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product in the same way they would be allowed to do in a store.

If the consumer wishes to withdraw from the agreement, they will return the product with all accessories, if reasonably possible, in its original condition and packaging, and in accordance with the entrepreneur’s reasonable and clear instructions.

Article 8 – Exercising the Right of Withdrawal by the Consumer and the Costs

If the consumer withdraws from the agreement, they will bear the costs of returning the product. If the product is by its nature not suitable to be returned by post, the consumer will bear the costs of returning the product.

If the consumer withdraws from the agreement after submitting a request for the performance of services before the end of the cooling-off period, the consumer must compensate the entrepreneur for the services already performed up to the moment of withdrawal.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur provides notification of withdrawal, the entrepreneur will reimburse all payments made by the consumer, including any delivery costs, without delay and in any case within 14 days of receiving the notification of withdrawal. The entrepreneur will make the reimbursement using the same payment method the consumer used for the original transaction, unless the consumer has explicitly agreed to another method. The reimbursement may be delayed until the entrepreneur has received the returned product or the consumer has provided proof of returning the product, whichever is earlier.

Article 10 – Exclusions of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products that:

Are not suitable for return due to health protection or hygiene reasons, and whose seal has been broken after delivery;
Are products which have been inseparably mixed with other products after delivery due to their nature;
Are products that are delivered sealed and are not suitable for return for health protection or hygiene reasons if the seal has been broken after delivery.

Article 11 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no control over, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be explicitly stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

The price increase is the result of statutory regulations or provisions;
The consumer is authorized to cancel the agreement on the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, and the reasonable requirements of usability and/or reliability. If agreed, the entrepreneur also guarantees that the product is suitable for use for a specific purpose.

The warranty period is the statutory minimum.

Article 13 – Delivery and Execution

The entrepreneur will take the greatest care when receiving and executing orders of products and when assessing requests for the provision of services.

The address that the consumer has provided to the entrepreneur will be used as the delivery address.

With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, but in any case within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost.

After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount the consumer has paid.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless explicitly agreed otherwise.

Article 14 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid immediately upon concluding the agreement. The consumer must make payment using one of the payment methods mentioned in the offer.

If the consumer chooses to pay by credit card, the entrepreneur is entitled to check the validity of the payment method, address, and other necessary details in order to prevent fraudulent activity.

If the consumer fails to make the required payment on time, the entrepreneur is entitled to charge statutory interest and any additional collection fees incurred. If the entrepreneur calls in a third party for collection, the consumer will bear the costs of this collection.

Article 15 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.

The entrepreneur will respond to the complaint within 14 days of receiving it. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

Article 16 – Disputes

Dutch law applies to agreements between the entrepreneur and the consumer, to which these general terms and conditions apply.

The Amsterdam District Court is exclusively competent to hear disputes, unless the law prescribes otherwise.