Terms and Conditions of Primavita for online orders

Version applicable as of April 2014.


1. General

1.1 These terms and conditions apply to all products supplied by Primavita. The terms and conditions are available publicly and are included on the website of Primavita.

1.2 By placing an order, you indicate that you are in agreement with the relevant supply and payment conditions. Primavita reserves the right to amend its supply and/or payment conditions at any time.

1.3 In the case of contracts that are concluded remotely by electronic means, the terms and conditions will be made available in such a way that they can be conveniently stored on a reliable data medium.
1.4 Primavita will display the contents of these terms and conditions to the consumer before the remote contract is concluded. If this is not reasonably possible, the consumer will be informed that the terms and conditions are available for perusal at the company.


2. Company identity

Triscom B.V.
Zwolseweg 33
8141 EB Heino
Telephone number: +31 572 398977

Chamber of Commerce number: 08107140
VAT-id: NL8107.07.895.B01


3. Offer

Every product offer issued by Primavita will contain information that clarifies the relevant rights and obligations to the consumer. This will involve, in particular:

- price including tax
- information relating to the right to withdraw
- establishment of the contract and corresponding actions
- possible delivery charges


4. The contract

4.1 In concluding electronic contracts, Primavitawill put suitable technical and organisational measures in place to ensure the secure transfer of data and a secure web environment.

4.2 Primavita may – within legal limits – obtain information about the financial situation of the consumer or information that may be relevant to the conclusion of a sensible contract. If Primavita has reason to not conclude a contract, it reserves the right to reject an order or application or to attach further conditions.

4.3 Orders can, be rejected at any time if deemed unrealistic and/or if foul play is suspected.


5. Payment

5.1 Payment must be received prior to delivery.
5.2 When making payment for the order, the buyer may choose from 3 payment methods: Online using iDEAL, PayPal or credit card.


6. Delivery and shipping charges

6.1 If in stock, orders are dispatched within 4 working days of receipt of payment.
6.2 Within the context of remote purchase regulations, Primavita will process orders within 30 days at most. If this proves to be impossible (due to ordered items being out of stock or no longer available), or if delays arise due to other reasons, or if an order cannot be processed or can only be partially processed, the consumer will be notified as such within 2 weeks of placing the order and will, in such cases, be entitled to cancel the order free of charge and without notice.

6.3 Orders will be delivered by TNT Post in effective protective packaging. If the customer is not present at the time of delivery, the delivery person may choose to entrust the package to neighbours. In such a case, the customer will always receive a letterbox notice containing the address to which the package has been delivered.
6.4 All periods mentioned on the website are indicative. Subsequently, no rights may be derived from the periods mentioned.
6.5 The delivery address is the addressed furnished by the consumer to Primavita.

6.6 Delivery charges will amount to €6.75 within the Netherlands. No delivery charges will apply to orders over €75 destined for delivery within the Netherlands.
The shipping costs to Belgium are €20 and free for orders over €100.
The shipping costs to Germany are €30 and free for orders over €100.

For the other EU countries the shipping costs are €35 and free on order over €120.

For countries outside the EU the shipping costs are €50 and free on order over €200. NOTE FOR CHINA: maximum 2 packages can be ordered in a time, due to customs restrictions.

7. Prices

7.1 Prices will not be increased over the duration of the offer, unless this is necessitated by legal measures or unless the manufacturer implements interim price increases. In case of price increases in the resource market, we reserve the right to raise our webshop prices accordingly.
7.2 All prices on the site are subject to printing and typing errors. Primavita will not be held liable for printing and typing errors.

7.3 All prices on the site are in Euros and include 6% VAT.


8. Spec period / right to withdraw

8.1 If the consumer invokes his/her right to withdraw, the costs for return shipping at most will be at the consumer's expense.
8.2 Products may be returned without provision of reason within a period of 14 days. This period commences once the ordered goods have been delivered. If the buyer has not returned the delivered goods to Primavita within this period, the transaction will be deemed final. Returned goods must be in their original packaging. Powdered milk products must be in an unopened state. If the goods have been used by the buyer or have been damaged in any way, the right to withdraw will lapse. Primavita will ensure that the full purchase price (excluding shipping charges) is refunded to the consumer within 30 days of receipt of the merchandise returned in good order.


9. Data management

9.1 When a consumer places an order with Primavita, the relevant details are saved in the Primavita customer database. Primavita complies with the Data Protective directive and will not divulge customer data to other parties.

9.2 Primavita respects the privacy of users of its website and ensures that personal data is handled confidentially.

9.3 Primavita may use a mailing list in the future. Every mail will contain instructions on how to opt out of this list.


10. Warranty and conformity

10.1 The company will guarantee that the products and/or services conform to the contract, to the specifications mentioned in the offer, to reasonable reliability and/or utilitarian demands and to legal provisions and/or government directives in force on the date of establishment of the contract.
10.2 Upon receipt, the buyer must immediately check the delivered goods. If a delivered item proves to be incorrect, unreliable or incomplete, (before returning it to Primavita) the buyer must immediately notify Primavita in writing. Possible defects or incorrectly delivered goods can and must be reported to Primavita in writing within 7 working days of delivery. Goods must be returned in their original packaging and in their new state.

10.3 If the concerns of the consumer are deemed legitimate by Primavita, Primavita will – at its discretion – either replace the delivered goods free of charge or make written arrangements for compensation with the buyer, taking into account that the liability of Primavita and therefore the amount of compensation will, in all cases, be limited to the invoice amount of the goods in question.

10.4 Primavita will not be held liable for deliberate, or similarly, conscious neglect by staff.


11. Images and specifications

11.1 All images, i.e. photographs, drawings, etc., including related weights, dimensions, colours, labels, etc., found on the website of Primavita, are simply approximate, are indicative and cannot serve as grounds for compensation or annulment of the contract.

11.2 The texts and trademarks on the website are the property of Primavita. These texts and trademarks may not be posted on another website or used in any other way without prior permission from Primavita.


12. Force majeure

12.1 Primavitawill not be held liable if and insofar as it cannot meet its obligations due to force majeure.

12.2 Force majeure implies any foreign cause or circumstance that, within reason, cannot be considered its own risk. Supplier delays or default, internet failures, power failures, email failures and failure of - or changes to - technology supplied by third parties, transport problems, strikes, government measures, supply delays, neglect by suppliers and/or manufactures and auxiliaries of Primavita, illness among staff and equipment or transport defects apply explicitly as force majeure.

12.3 In the case of force majeure, Primavita reserves the right to suspend its obligations and will also be entitled to full or partial annulment of the contract, or to demand that the contents of the contract are amended in such a way that execution remains possible. Under no circumstances will Primavita be held liable for payment of any fine or compensation.


13. Liability

13.1 Primavita will not be held liable for child-related problems resulting from faulty use of the products. Before use, carefully read instructions on packaging and/or consult our website.

13.2 Primavita takes utmost care in ensuring that the data on its website is up to date and reliable. Primavita will not be held liable for any losses resulting from inaccurate or incomplete information offered on the website, blog or webshop.

13.3 Primavita will not be held responsible or liable for the content of websites referred to by means of links or other methods.


14. Applicable law/competent court

14.1 The law of the Netherlands applies to all contracts.

14.2 The court of the district of Heino will preside over any disputes arising from contracts between Primavita and buyers, unless Primavita demonstrates a preference to submit a dispute to the competent court in the district of the buyer, and with the exception of disputes that are under the jurisdiction of the regional court.