Terms and Conditions

Welcome to ActiFolic.

These terms and conditions outline the rules and regulations for the use of ActiFolic’s Website and rules about placing your order located at www.actifolic.com

By accessing this website we assume you accept these terms and conditions. Do not continue to use ActiFolic if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the company’s country. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your Privacy

Please read Privacy Policy

Article 1 – Definitions

Used terms in this terms and conditions:

Cancelation period: the period within which the customer can make use of his right of withdrawal;
Customer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable data carrier: every means that enables the customer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of order cancellation: the possibility for the customer to renounce the distance contract within the reflection period;
Withdrawal form: the withdrawal form that the entrepreneur makes available that a customer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to customers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

ActiFolic
Email Address: info@actifolic.com
VAT ID.: Upon Request
Chamber No.: Upon Request

If the activity of the entrepreneur is subject to a relevant authorization scheme: the data on the supervisory authority:

If the entrepreneur practices a regulated profession:

the professional association or organization of which he is a member;
the professional title, the place in the EU or the European Economic Area where it is awarded;

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and customer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the customer free of charge as soon as possible at the customer’s request.

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 may be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the customer’s request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately in mutual consultation by a provision that approximates the purport of the original as closely as possible.

Situations not regulated in these general terms and conditions should be assessed context of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – Offers at the webshop

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

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to make a good assessment of the offer. If the entrepreneur makes use of images, these are a faithful representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.

All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly with the real colors of the products.

Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in the particular:

All prices including 21% VAT.

With all orders there is a flat rate shipping fee based on the origin of the order;

The way in which the agreement will be concluded and what actions will be necessary for that purpose;

Whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the customer;

the way in which the customer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, rectify it;

the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an enduring transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and meets the conditions set.

If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.

If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer is able to pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can inform himself – within the legal framework – whether the customer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the customer, in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:
The visiting address of the establishment of the entrepreneur where the customer can lodge complaints;

The conditions under which and the way in which the customer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;

the information about guarantees and existing service after purchase;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement;

the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of cancellation (RETURN POLICY)

Please read our return policy here

For delivery of products:

When purchasing products, the customer has the option of cancelling the agreement without giving reasons for a period of 14 days. This order withdrawal period commences on the day after receipt of the product by the customer or a representative appointed by the customer in advance and announced to the entrepreneur.

During the order cancellation period, the customer 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 makes use of his right of cancellation, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the customer wishes to make use of his right of cancellation, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The customer must inform the entrepreneur by contacting via e-mail. After the customer has made it known that he wishes to make use of his right of cancellation, the client must return the product within 14 days. The customer has to prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If the client has not made it known after the periods mentioned in paragraph 2 and 3 that he wants to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a permanent.

Article 7 – Costs in case of returning an order

If the customer makes use of his right of cancellation and wishes to return an order, he will be responsible for the shipping costs to return the goods. Shipping costs made with the order will not be refunded.

If the customer has returned the order in correct state, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after returning the order.

It’s necessary that the product has already been received back by the merchant or conclusive proof of complete return can be provided. We can not process a refund if the package was not properly received by the seller. Therefore the client needs to take the uttermost care and choose the best carrier to return the package.

Refund will take place via the same payment method used by the customer, unless the customer explicitly gives permission for a different payment method.

In the event of damage to the product due to careless handling by the customer himself, the customer is liable for any reduction in value of the product.

The customer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all the legally required information about the right of cancellation, this should be done before concluding the purchase agreement.

Article 8 – Exclusion of right of cancellation

The entrepreneur can exclude the customer’s right of cancellation for products as described in paragraph 2 and 3.

Exclusion of the right of cancellation is only possible for products:

which have been created by the entrepreneur in accordance with the customer’s specifications;

Which are clearly of a personal nature;

Which cannot be returned due to their nature;

That can spoil or age quickly, for example: custom pre made liquids. When a package gets returned because it was not picked up at a parcel store and it contained a product in the before mentioned category, a reduction of value of 25% will be added to that product.

The price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;

For hygienic products of which the customer has broken the seal.

Article 9 – The price

During the period of validity 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

These are the result of legal regulations or provisions; or

The customer has the right to terminate the contract from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

All prices are subject to view and typographical errors. No liability is accepted for the consequences of viewing and typographical errors. In case of view and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 9.1 – Free shipping

As a service to our customers we offer free shipping. The free shipping threshold is based on the price including used coupons.

Free shipping applies for orders above 200 euro for the following countries:

Bulgaria, Croatia, Estonia, Ireland, Finland, Latvia, Lithuania, Malta, Romania, Slovakia, Slovenia, Sweden, The Netherlands, Belgium, Greece, Austria, Czech Republic, Denmark, France, Germany, Hungary, Italy, Luxembourg, Poland, Portugal and Spain.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the customer can assert against the entrepreneur based on the agreement.

Any defects or wrongly delivered products must be reported in writing to the entrepreneur directly after noticing the defects/wrongly delivered products. Products must be returned in their original packaging and in new condition.

The guarantee period of the entrepreneur corresponds to the manufacturer’s guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:
The customer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

The defects are wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – RULES  – Delivery – 100% Customer Satisfaction Policy –  Returned due to not picking up – IMPORTANT

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

The place of delivery will be the address which the customer has provides at the check out of the shop.

The customer is fully responsible for providing ActiFolic the correct address, e-mail address and phone number.

The customer is fully responsible to check the address, e-mail address and phone number before proceeding for check out. If the customer provides ActiFolic the incorrect address, e-mail address and/or phone number, and the reason of a lost parcel is due to the inability of ActiFolic or the shipping courier to properly contact the customer about updates of the order/parcel and the parcel gets lost due to this specific reason,  then the customer will not be covered through the 100% customer satisfaction policy and all responsibility lies with the customer. ActiFolic will not cover any charges or loses in this specific case.

If the customer provided all the correct order details (address, e-mail and phone number) and tracked the order properly, but a parcel unfortunately gets lost, ActiFolic will be cover the costs that are involved in reshipping/refunding the order (our 100% customer satisfaction policy).

The customer is 100% responsible for correctly following the instructions for tracking the parcel. The client is responsible to add ‘info@actifolic.com’ to their mailing list (as stated in the check out at the store) to properly receive order- and tracking information.

ActiFolic provides detailed instructions with tracking code with every order. The customer is responsible for tracking the parcel regularly, preferably daily. ActiFolic is not responsible for tracking the parcels of the customers, due to the fact this is not feasible to do for every customer.

When a package gets lost due to the customer not regularly checking the tracking information, ActiFolic will not refund any costs, as the responsibility lays at the customer.

When a package gets returned to ActiFolic due to the customer not regularly checked the tracking information, ActiFolic will not refund any costs, as the responsibility for properly tracking the order lays at the customer. When we received the package back, we can reship the order back to the client, but the client has to pay for the new shipping costs.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the customer will be informed of this within 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement free of charge. The customer has no right to compensation.

All delivery periods are indicative. The customer cannot derive any rights from any of these periods. Exceeding a term does not entitle the customer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the customer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. By the time of delivery at the latest, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payments

Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after placing the order. In the case of an agreement to provide a service, this period shall commence after the customer has received confirmation of the agreement.

The customer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In case of non-payment by the customer , the entrepreneur has the right, subject to legal restrictions, to charge the customer reasonable costs incurred in advance.

Article 13.1 – Complaints

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

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute will arise which is subject to the dispute resolution procedure.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.

Article 13.2 – Lost packages

Unfortunately some packages can get lost in the shipping process. We strive for 100% customer satisfactory. If a package gets lost in the shipping process, we will try to find out where the package is. If the package is untraceable, we will reship your order. Reshipment will occur after ActiFolic has contacted their shipping agent and the customer has contacted their local shipping agent. If both companies are unable to track the package, then ActiFolic will reship the order. When a customer wishes to receive a refund instead of a reshipment for the lost package, ActiFolic will refund the full order amount, excluding the shipping costs. Customers that abuse this service, will be banned permanently from the website and legal actions will be taken. Every order that is delivered, needs to be signed.

We refer to ARTICLE 11 for more information about our 100% customer satisfaction policy and rules in regards to reshipments etc.

Article 14 – Disputes

Agreements between the entrepreneur and the customer to which these general terms and conditions apply, are exclusively governed by the law where ActiFolic is established. Even if the customer lives abroad.

The Vienna Sales Convention does not apply.