Terms and Conditions
Last updated on September 25th, 2023.
Welcome to Serenities.com! These General Terms and Conditions are intended to protect both you, the customer, and Serenities.com, ensuring that you have a great shopping experience on our webshop. Please read these terms carefully before placing an order.
Article 1: Definitions
In these General Terms and Conditions:
- "Serenities.com" refers to Serenities.com, with Chamber of Commerce number 82410712 and registered in Maastricht;
- "Buyer" refers to any visitor of the Website (as defined below), as well as any natural person or legal entity in a contractual relationship of any kind with Serenities.com or entering into such a relationship; and
- "Website" refers to https://serenities.com, as well as Serenities.com's Facebook and Instagram pages, and all future internet sites of Serenities.com.
Article 2: Applicability
These General Terms and Conditions apply to all quotations, offers, price quotes, agreements, and deliveries of goods by or on behalf of Serenities.com. By using the Website (including placing an order), the Buyer accepts these General Terms and Conditions. The applicability of any general or other terms and conditions of the Buyer is expressly rejected. Deviation from the provisions of these General Terms and Conditions can only be made explicitly in writing; in which case, the other provisions of these General Terms and Conditions will remain in full force. Serenities.com has the right to change or supplement these General Terms and Conditions from time to time. The modified terms will be applicable as soon as they are published on the Website. If one or more provisions of these General Terms and Conditions are considered unreasonably onerous in a judicial proceeding, the remaining provisions will remain in full force.
Article 3: Non-Scientifically Proven and Non-Medicinal Nature
The Website contains texts (or refers to third-party websites with texts) describing certain effects of (the use of) Serenities.com's products. The Buyer expressly acknowledges that these descriptions are solely for informational guidance on the traditional use of these products. The described effects are by no means scientifically substantiated or proven. The Buyer cannot derive any rights or claims regarding the described effects or any other content or information on the Website. Serenities.com's products are NOT medicines. For medical, psychological, or similar recommendations, advice, or treatments, the Buyer should consult a general practitioner or medical specialist. Misuse of the products (including essential oils) can be harmful to the health of the Buyer and third parties. Products must be handled/used with care, and safety instructions on the packaging, label, and Website must always be followed. Parents should exercise caution with (young) children.
Article 4: Information on the Website
The Website includes vlogs, blogs, (health) advice, and tips (from Serenities.com and from third parties, including "Spirit Workers"), hyper/deep links to third-party websites, and similar third-party information. All this information is for informational purposes only and in no way replaces professional consultations or treatment by a general practitioner or medical specialist. Serenities.com is never liable for the content of these vlogs, blogs, (health) advice, or tips, nor for the information provided on or through the referenced websites or the use that can be made of those sites. Serenities.com carefully compiles the content of the Website. Nevertheless, certain (product) information may be incomplete or incorrect. Serenities.com has the right to make any changes immediately and without notice.
Article 5: Conclusion of Agreements
Offers or price quotes should be regarded as an invitation from Serenities.com to Buyers to make an offer. The acceptance of that invitation by the potential Buyer constitutes an offer and leads to the conclusion of an agreement only if the other conditions of this article are met. An offer from the potential Buyer, as referred to in the previous paragraph, is deemed to have been made if the potential Buyer:
has completed the order form on the Website and sent it electronically, which has been received by Serenities.com; or
has clearly indicated by email which product(s) they wish to receive. Buyer and Serenities.com expressly agree that an agreement is concluded at the moment an order confirmation ("Order Confirmation") is sent by email to the Buyer at the email address provided by the Buyer. Offers and price quotes are valid for the validity period mentioned in the offer or price quote and as long as stocks last. Offers and price quotes do not automatically apply to subsequent orders.
Article 6: Purchase Price
The Buyer is obligated to pay the price specified by Serenities.com in its Order Confirmation. Obvious errors in the price quote may be corrected by Serenities.com, even after the conclusion of the agreement. Unless explicitly stated otherwise, the prices stated in offers, price quotes, Order Confirmations, and invoices include the purchase price plus applicable value-added tax (VAT). Delivery costs are not included in the price and will be separately charged by Serenities.com to the Buyer. An indication of the amount of delivery costs is provided on the Website. Any price increases due to government measures, price increases by suppliers, or other circumstances beyond Serenities.com's control may be charged to the Buyer.
Article 7: Payment
Orders placed through the Website can be paid with iDEAL or credit card (Visa, Mastercard, and American Express). If a payment term has been agreed upon in writing by Serenities.com, the Buyer will be in default by the mere expiry of that term without the need for further notice of default. In the event of non-payment or late payment by the Buyer, a reminder procedure will be initiated, and all costs, of any nature whatsoever, incurred by Serenities.com as a result of the Buyer's non-compliance with its (payment) obligations, shall be borne by the Buyer. In the event of non-payment or late payment, Serenities.com is entitled to immediately dissolve the agreement or suspend (further) delivery until such time as the Buyer has fully complied with its payment obligations, including payment of costs.
Article 8: Delivery, Delivery Time, and Transfer of Risk
Delivery costs are borne by the Buyer. Serenities.com strives to offer orders for shipment within 1 to 2 business days after receipt of payment. Serenities.com provides further information about delivery times on the Website. Such information and mentioned delivery times are indicative only and do not entitle the Buyer to dissolution or compensation in case of exceeding those times. If a product is ordered that is (temporarily) out of stock, Serenities.com will inform the Buyer whether and when the product will be available again. As soon as the products to be delivered have been delivered to the specified delivery address (including, if the Buyer has agreed to this, to the address of a neighbor), the risk passes to the Buyer.
Article 9: Retention of Title
Ownership of the products is transferred to the Buyer at the moment the Buyer has paid the purchase price and any additional costs (as determined in these General Terms and Conditions) in full. Until that time, Serenities.com may invoke its retention of title and take back the products. The Buyer may not encumber, sell, resell, alienate, or otherwise encumber the products before ownership has passed.
Article 10: Return of Products
The Buyer has the right to withdraw from the agreement within 14 calendar days of receiving the order without stating a reason (right of withdrawal). The period begins on the day the (entire) order is received by the Buyer. There is no right of withdrawal when the products (i) have been made to the Buyer's specifications or (ii) are not suitable to be returned for reasons of hygiene and the seal has been broken. To exercise the right of withdrawal, the Buyer must:
notify Serenities.com, within 14 calendar days of receiving the order, by means of a clearly formulated written statement (e.g., by post or email) of the decision to withdraw from the agreement. The Buyer may use the "return form / withdrawal form" available on the Website for this purpose but is not obligated to do so; and
return the product, along with all supplied accessories and, if reasonably possible, in the original shipping packaging, immediately and in any event no later than 14 calendar days after the day on which the Buyer notified Serenities.com of the decision to withdraw from the agreement, to Serenities.com at the return address specified on the Website. The direct costs of returning the goods shall be borne by the Buyer. During the period of reflection, the Buyer shall handle the product and its packaging with care. The Buyer shall only unpack or use the product to the extent necessary to assess whether the Buyer wishes to keep the product. If the Buyer exercises the right of withdrawal in accordance with this article, Serenities.com will refund the amount paid by the Buyer within 14 calendar days after the return of the respective product.
Article 11: Inspection and Complaints about Products, Samples, and Natural Products
The Buyer is obliged to (have) examine(d) the delivered goods (including the quality and quantity of the goods) at the time of delivery, but in any case as soon as possible thereafter. Complaints regarding damage, shortages, or loss of delivered products must be reported to Serenities.com in writing by the Buyer within 7 calendar days from the day of delivery of the products. In the event of a justified complaint submitted in a timely manner, Serenities.com will, at its own discretion, either (i) repair the relevant product, (ii) redeliver it, or (iii) refrain from delivering it and send the Buyer a credit note for (the relevant part of) the purchase price. Minor or industry-standard deviations in quality, size, or finish cannot be attributed to Serenities.com. The Buyer acknowledges that the majority of Serenities.com's products are natural products and that such natural products may change over time (e.g., change in color due to sunlight) due to the passage of time, natural processes, or similar influences. The Buyer also acknowledges that natural products may be fragile and (small) parts may break off. Parents should exercise caution with (young) children. If a sample has been shown or provided to the Buyer, it is presumed to have been provided for reference only and does not need to correspond to the product to be delivered unless expressly agreed otherwise.
Article 12: Guarantees
To the extent that Serenities.com provides guarantees, such guarantee consists solely of the guarantee provided by the manufacturer of the product. Serenities.com does not provide any other or more extensive guarantee than what is legally required. A given guarantee does not apply if the defect has arisen as a result of improper, inappropriate, or incorrect use, or if the Buyer or third parties have made changes or used the purchased item for purposes for which it is not intended. Although Serenities.com strives to offer and deliver only (by itself or third parties) checked and authentic stone products, such products are offered on the Website without any form of guarantee or claim to accuracy/authenticity.
Article 13: Liability
Serenities.com is never liable or obliged to pay any compensation for damages to the Buyer or third parties, unless there is intent or gross negligence on the part of Serenities.com. Any liability arising therefrom is expressly limited to (i) the amount equal to the invoice value of the product that caused the damage, or (ii) the amount paid out in the specific case by the applicable liability insurance(s), increased by the applicable deductible. Any claim for damages expires 1 year after the day on which the Buyer became aware of any damage, and no later than 3 years. Serenities.com is never liable for consequential damage, business damage, or (other) indirect damage. Serenities.com is not liable for damage (in any form) resulting from improper, inappropriate, or incorrect use of a product, or if the Buyer or third parties have made changes or used the purchased item for purposes for which it is not intended.
Article 14: Force Majeure
If Serenities.com is unable to fulfill its obligations towards the Buyer due to force majeure, those obligations will be suspended for the duration of the force majeure. Serenities.com is not liable for any damage suffered or to be suffered by the Buyer. Force majeure is understood to mean any circumstance that is not dependent on Serenities.com's will and which prevents the fulfillment of its obligations towards the Buyer (in whole or in part). These circumstances include, among other things: war, terrorism, power outages, fire, strikes, changes in government measures (including due to diseases such as COVID-19), transport difficulties, malfunctions on the Website or used (tele)communication systems, or other malfunctions in Serenities.com's business, as well as non-delivery or untimely delivery by Serenities.com's suppliers or other third parties engaged and the absence of mandatory permits. If the force majeure situation lasts longer than 30 calendar days, each party has the right to fully or partially dissolve the agreement in writing.
Article 15: Intellectual Property Rights
Serenities.com is, unless otherwise stated, the owner or holder of all intellectual property rights related to the Website. Permission is granted to consult the Website; any other use, including creating hyper/deep links, is not allowed without prior written permission from Serenities.com. "Serenities" is a registered trademark of Serenities.com (work in progress).
Article 16: Personal Data
Article 17: Applicable Law and Competent Court
The legal relationship between Serenities.com and the Buyer, including any liability claims, is exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. The Dutch court in Limburg district has exclusive jurisdiction to hear all disputes, unless the law mandatorily prescribes otherwise.