Article 1 – Definitions

Article 2 – Identity of the entrepreneur

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 of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and Execution

Article 12 – Duration Transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Supplementary or Deviating Provisions

In these terms, the following is understood as:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available which a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement in the context of a system organized by the entrepreneur for the remote sale of products and/or services, where up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;
10. Technique for remote communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Ella Health B.V.

Mayor Brokxlaan 6a

5041SB Tilburg, Netherlands

Email address: info@backerz.com

Chamber of Commerce number: 84205784

Btw-identification number: NL861311591B01

1. 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.
2. "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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request."
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, the agreement and these terms shall remain in effect for the remainder, and the relevant provision shall be promptly replaced by a provision that closely approximates the intent of the original in mutual consultation.
6. "Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions."
7. "Uncertainties regarding the explanation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these general terms and conditions."

1. "If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer."
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in the
   special:

• the price including taxes;
• the possible costs of shipping;
• the manner in which the agreement will be concluded and what actions are necessary for that;
• the applicability or non-applicability of the right of withdrawal;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the fee for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication means used;
• whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• the manner in which the consumer can verify the data provided by him in the context of the agreement before concluding the contract and, if desired, correct it;
• the possible other languages in which the agreement can be concluded, in addition to Dutch;
• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.
• Available sizes, colors, types of materials

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. "If the agreement 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 in this regard."
4. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.
5. 'The entrepreneur shall provide the consumer with the following information regarding 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 entrepreneur's establishment where the consumer can go with complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing service after purchase;
9. the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
12. "Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products."

Upon delivery of products:

1. Upon purchasing products, the consumer has the option to cancel the agreement without giving any reasons within 14 days. The reflection period starts the day after the consumer receives the product or a representative designated by the consumer and communicated to the entrepreneur.
2. During the reflection period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model form. After the consumer has indicated that he wishes to exercise 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 a timely manner, for example by means of a proof of shipment.
4. "If the customer has not indicated after the expiration of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact."

Upon delivery of services:

5. When services are delivered, the consumer has the option to terminate the agreement without giving any reasons for at least 14 days, starting from the day the agreement is concluded.
6. "To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery."

1. "If the consumer exercises his right of withdrawal, the maximum costs of return shipping shall be borne by him."
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the revocation. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly consents to a different payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

1. 'The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.'
2. Exclusion of the right of withdrawal is only possible for products:
3. the agreement established by the entrepreneur in accordance with the specifications of the consumer;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature;
6. that can spoil or age quickly;
7. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
8. for loose newspapers and magazines;
9. for audio and video recordings and computer software whose seal has been broken by the consumer.
10. for hygienic products for which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transportation, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
13. 'for which the delivery has started with the express consent of the consumer before the reflection period has expired;'
14. concerning bets and lotteries.

1. 'During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.'
2. "Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer."
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases are only permitted 3 months after the conclusion of the agreement if the entrepreneur has stipulated this and:
5. these may be the result of legal regulations or provisions; or
6. the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
7. The prices mentioned in the offer of products or services are inclusive of VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

1. The entrepreneur ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. Returns of the products must be made in the original packaging and in new condition.
4. 'The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.'
5. The warranty does not apply if:
   • 'The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;'
   • 'The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or are in violation of the instructions of the entrepreneur and/or have been treated on the packaging;'
   • 'Where the defectiveness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.'

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions set out in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.
7. 'The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.'

Cancellation

1. The consumer can terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can the agreements mentioned in the previous sections:

• terminate at any time and not be limited to termination at a specific time or within a specific period;
• at least terminate in the same manner as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

4. An agreement that has been entered into for a fixed term and which aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. "Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed term and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month."
6. An agreement that has been entered into for a fixed term and which aims at the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate it 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 case where the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. "An agreement with a limited duration for the delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period."

Duration

7. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

1. "Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad."
2. The Vienna Sales Convention does not apply.

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.