Return Terms
Article 1 - Definitions
In these Return Terms, the following definitions apply:
Account: the consumer's personal customer account on the trader's website;
Terms and Conditions: the trader's terms and conditions, of which these Return Terms form part;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Return: sending one or more products back to the trader as a result of withdrawal, or in connection with a defect or an incorrectly delivered product.
All other terms have the meaning given to them in the Terms and Conditions.
Article 2 - Applicability
These Return Terms form an integral part of the Terms and Conditions and apply to every distance contract between the trader and the consumer.
By agreeing to the Terms and Conditions, the consumer also agrees to these Return Terms.
Article 3 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
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 to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
Article 4 - Creating a return and sending back the product
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days after receiving the product by creating a return.
The consumer can create a return:
from their account, at the relevant order; or
from the e-mail the consumer received following the order.
There is no model form. The consumer may also notify their withdrawal in another unequivocal manner, for example by e-mail to info@intology.nl.
The trader will confirm receipt of the notification without delay.
After the consumer has notified that they wish to exercise their right of withdrawal, they must send the product back within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 1 and 5 have expired, the consumer has not notified that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.
Article 5 - Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, at most the costs of returning the product are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop or conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
The consumer cannot be held liable for diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.
Article 6 - Exclusion of the right of withdrawal
The trader 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 the trader has clearly stated this in the offer, or 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 trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal (such as the electrodes/pads supplied).
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
relating to betting and lotteries.
The hygiene exclusion referred to in paragraph 2 applies exclusively to the electrodes/pads supplied and not to the TENS device itself. The right of withdrawal on the device remains fully applicable, even if its seal has been broken, on the understanding that the consumer may be liable for diminished value resulting from use that goes beyond what is necessary to establish the nature, characteristics and functioning of the product (see article 5 paragraph 3).
Article 7 - Defective, incorrectly delivered and replacement products
Any defects or incorrectly delivered products must be reported to the trader within 2 months after delivery. In that case the consumer can also create a return in the manner described in article 4 paragraph 2.
The products must be returned in their original packaging and in new condition.
If the trader delivers a replacement article because delivery of the ordered product proved impossible, the right of withdrawal cannot be excluded. The costs of any return shipment of the replacement article are borne by the trader.