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Terms of service

Table of Contents


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 – Obligations of the Consumer During the Cooling-off Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Performance and Additional Guarantee

Article 13 – Delivery and Execution

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or Deviating Provisions

Article 19 – Legality

Article 20 – Use

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  • Additional Agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.

  • Cooling-off Period: the period during which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting for purposes related to trade, business, craft, or profession.

  • Day: a calendar day.

  • Digital Content: data produced and delivered in digital form.

  • Duration Contract: an agreement that provides for the regular delivery of goods, services, and/or digital content during a specified period.

  • Durable Data Carrier: any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a way that makes it accessible for future reference or use, for a period of time adequate to the purpose of the information, and that allows unchanged reproduction of the stored information.

  • Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.

  • Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication.

  • Model Withdrawal Form: the European model withdrawal form as included in Annex I of these Terms and Conditions.

  • Means of Distance Communication: any method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same physical space.

Article 2 – Identity of the Entrepreneur

When Nature Calls BV
Keizersgracht 508, 1017EJ Amsterdam, NL

Telephone: +31 (0)20 330 0700
Email: info@whennaturecalls.nl

Chamber of Commerce (KvK) Number: 33301054
VAT Identification Number: NL814738370B01

If the entrepreneur’s activity is subject to a relevant licensing scheme: the details of the supervisory authority will be provided.

If the entrepreneur exercises a regulated profession:

  • the professional association or organization with which they are affiliated;

  • the professional title and the EU or EEA country where it was granted;

  • a reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the entrepreneur shall indicate, before the contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be provided to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise, free of charge, at the consumer’s request.

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

Article 4 – The Offer

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

  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

  3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

  4. Within the limits of the law, the entrepreneur may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution.

  5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information, in writing or in a way that allows the consumer to store it in an accessible manner on a durable data carrier:

    • the physical address of the entrepreneur’s establishment where the consumer can lodge complaints;

    • the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

    • information regarding warranties and existing after-sales services;

    • the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;

    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

    • if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 – Right of Withdrawal

For products:

  1. The consumer may dissolve an agreement relating to the purchase of a product within a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige them to state their reason(s).

  2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

    • if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they clearly inform the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.

    • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

    • for agreements involving the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium within a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige them to state their reason(s).

  2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement. Extended cooling-off period if not informed about the right of withdrawal:
    • If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

    • If the entrepreneur provides the information referred to in paragraph 5 to the consumer within 12 months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day the consumer receives that information.

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

    1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

    2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

    3. The consumer is not liable for diminished value of the product if the entrepreneur has failed to provide them, prior to or at the time of concluding the agreement, with all legally required information concerning the right of withdrawal.

    Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

    1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by any other clear statement.

    2. Before returning a product due to damage, spoiled, defects, or any other issue, the consumer must provide clear photographic evidence of the problem. The photo(s) should clearly show the condition claimed and must be submitted to the entrepreneur prior to return shipment or complaint resolution. The entrepreneur may reasonably request additional images if necessary.

    3. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they send the product back before the cooling-off period has expired.

    4. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

    5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

    6. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.

    7. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity (not made ready for sale in a limited volume or quantity) begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation which has been fulfilled by the entrepreneur at the time of withdrawal, compared with the full performance of the obligation.

    8. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if: 

      • the entrepreneur has not provided the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or

      • the consumer has not expressly requested the commencement of the performance of the service or supply during the cooling-off period.

    9. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
      • prior to delivery, they have not expressly agreed to the start of performance before the end of the cooling-off period;
      • they have not acknowledged losing their right of withdrawal upon giving consent; or
      • the entrepreneur has failed to confirm this consumer declaration.

    10. If the consumer exercises the right of withdrawal, all additional agreements are automatically terminated by operation of law.

    Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

    1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, the entrepreneur shall send a confirmation of receipt immediately after receiving such notification.

    2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event within 14 days following the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer provides proof of return shipment, whichever is earlier.

    3. The entrepreneur shall use the same payment method for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

    4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

    Article 10 – Exclusion of the Right of Withdrawal

    The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

    1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

    2. Agreements concluded during a public auction. A public auction means a method of sale where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

    3. Service contracts, after full performance of the service, but only if:

      • performance has begun with the consumer’s explicit prior consent; and

      • the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.

    4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts of passenger transport.

    5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental services, or catering.

    6. Agreements relating to leisure activities, if the contract provides for a specific date or period of performance.

    7. Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.

    8. Products that spoil quickly or have a limited shelf life.

    9. Sealed products which, for reasons of health protection or hygiene, are not suitable to be returned and whose seal has been broken after delivery.

    10. Products which, by their nature, are irreversibly mixed with other products after delivery.

    11. Alcoholic beverages, the price of which was agreed at the time of concluding the contract, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.

    12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery.

    13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them.

    14. The supply of digital content other than on a tangible medium, but only if:

      • performance has begun with the consumer’s explicit prior consent; and

      • the consumer has declared that they thereby lose their right of withdrawal.

    Article 11 – The Price

    1. 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 due to changes in VAT rates.

    2. In deviation from 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. The fact that these prices are subject to fluctuations and that any prices given are target 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 statutory regulations or provisions.

    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
      a. they are the result of statutory regulations or provisions; or
       b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

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

    Article 12 – Performance and Additional Guarantee

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

    2. Any additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

    3. An additional guarantee means any obligation of the entrepreneur, its supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that go beyond what is legally required in case the entrepreneur has failed to fulfill their part of the agreement.

    Article 13 – Delivery and Execution

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

    2. The place of delivery is the address that the consumer has made known to the entrepreneur.

    3. With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed of this no later than 30 days after the order was placed. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.

    4. After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.

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

    Article 14 – Duration Transactions: Duration, Termination, and Renewal

    Termination

    1. The consumer may terminate an agreement concluded for an indefinite period, which provides for the regular supply of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.

    2. The consumer may terminate an agreement concluded for a definite period, which provides for the regular supply of products (including electricity) or services, at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

    3. In the agreements referred to in the previous paragraphs, the consumer may:

      • terminate at any time and not be restricted to termination at a specific time or in a specific period;

      • terminate in the same manner as they entered into the agreement;

      • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

    Renewal

    1. An agreement concluded for a definite period, which provides for the regular supply of products or services, may not be tacitly renewed or extended for a fixed term.

    2. In deviation from the previous paragraph, a fixed-term agreement for the regular supply of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer may terminate this extended agreement by the end of the extension with a notice period of no more than one month.

    3. A fixed-term agreement for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement concerns the regular, but less than monthly, supply of daily, news, and weekly newspapers and magazines.

    4. A fixed-term agreement for the regular supply of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not tacitly continued and ends automatically after the trial or introductory period.

    Duration

    If an agreement has a term 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 term.

    Article 15 – Payment

    1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives confirmation of the agreement.

    2. When selling products to consumers, the consumer may never be required, in the general terms and conditions, to make an advance payment of more than 50%. If advance payment has been agreed, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

    3. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

    4. If the consumer does not meet their payment obligations on time, after being reminded by the entrepreneur of the late payment and after being granted a 14-day period to still fulfill the payment obligations, the consumer will owe the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

    Article 16 – Complaints Procedure

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

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

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

    4. If the complaint cannot be resolved within a reasonable period or within 3 months after submission of the complaint by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

    Article 17 – Disputes

    Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

    Article 18 – Additional or Deviating Provisions

    Additional provisions or deviations 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 the consumer can store them in an accessible manner on a durable data carrier.

    Article 19 – Legality

    1. The use of the website of and the placing of an order with When Nature Calls BV, or a purchase in the Amsterdam store, is reserved for persons aged 18 and older.

    2. When Nature Calls BV is a member of VLOS (Vereniging Landelijk Overleg Smartproducten) [www.vlos.nl] and CAN (Cannabinoid Advisory Bureau Netherlands).

    3. By placing an order or making a purchase at When Nature Calls BV, you accept full responsibility concerning the legal status of the products that will be shipped to you.

    4. All products on the website are legally permitted in the Netherlands. However, When Nature Calls BV cannot provide certainty about the legal status of any product in other countries, as it is impossible for When Nature Calls BV to be aware of the constantly changing laws in all countries.

    5. When Nature Calls BV cannot provide any information about the legal status of a product in your country.

    6. You accept responsibility for informing yourself about the laws, import regulations, and customs rules that apply in your country before placing an order, and you declare that the import of the ordered products into your country is legally permitted.

    7. When Nature Calls BV does not in any way encourage the illegal use of its products.

    8. When Nature Calls BV cannot be held responsible if the ordered product is seized by customs.

    9. When Nature Calls BV ships products under the condition that they will not be used by third parties in violation of the law.

    10. When Nature Calls BV cannot be held liable for damage resulting from the incorrect or unlawful use of its products.

    Article 20 – Use

    1. Keep all products out of the reach of children.

    2. When Nature Calls BV does not claim that its products are suitable for treating, curing, or preventing any disease or condition. When Nature Calls BV does not provide specific medical advice. No statements on these websites have been evaluated by the Food and Drug Administration, the Ministry of Health, or the Dutch Health Inspectorate (IGZ). These products are not intended to diagnose, treat, cure, or prevent any disease.

    3. Do not use any of these products if you are pregnant or breastfeeding. Stop use and consult your doctor if you experience dizziness, tremors, insomnia, headaches, or tingling sensations. Do not use these products if you are at risk of, or are currently being treated for, high blood pressure, psychiatric disorders, liver, heart, or thyroid disease, diabetes, anxiety, depression, convulsions, pernicious anemia, or difficulty urinating due to an enlarged prostate.

    4. Consult your doctor before use if you are taking any prescribed medication or MAO inhibitors to avoid negative interactions.

    5. These products are under no circumstances intended for use by persons under the age of 18.

    6. Do not use our products if you suffer from high blood pressure, cardiovascular diseases, diabetes, or any other physical condition. Do not use our products during pregnancy or breastfeeding. Do not use our products in combination with MAO inhibitors or any other medication.

    7. Driving and operating heavy machinery should be avoided when using our products.

    8. In case of doubt, always consult a doctor and follow their advice.

    9. You accept full liability for any injury, damage, penalties, loss of income, or property resulting from the purchase, consumption, use, and/or misuse of a product from When Nature Calls BV. The company, its owners, representatives, and employees are not responsible for the actions of customers.

    10. By using this website and/or placing an order with When Nature Calls BV / Amsterdam Truffles, you confirm that you are 18 years of age or older, as this website contains products that are illegal for minors to purchase and consume.