Article 1 – Definitions

terms used in these terms & conditions mean:

  1. Customer: A natural person, not acting as a professional or on behalf of a company, who made a binding agreement at distance, through internet or otherwise with our association.
  2. Day: calendar;
  3. Length transaction: An agreement or contract made at distance relating to a range of products and / or services of which the supply and / or purchase is spread over time;
  4. Durable data storage: any means that enables information between the consumer and our company to be stored in a way that it facilitates future consultation and unaltered reproduction of the stored information.
  5. Freesmoker: the company that offers natural or legal products and / or remote services to the consumer;
  6. Agreement at distance: an agreement made in the context of a system organized by Freesmoker for sale of products and / or services exclusive by use of one or more means of distance communication;
  7. Techniques for distance communication: systems that can be used to conclude a contract, without the consumer and trader being in the same room.

Article 2 – Identity of the company

FREESMOKER is an international project by the Dutch Foundation ‘Free from smoking’

Stichting Vrij van Roken
Postbus 5411
NL- 6802 EK Arnhem
Valkenbergerweg 17
NL-6991JA Rheden
+31 (0) 613460337
Chamber of Commerce Arnhem nr.59359781

Article 3 – Applicability

  1. These general terms and conditions shall apply to all our offers, contracts of sale, assignments and to the deliveries and the acceptance of work resulting from them. Any applicability of general terms and conditions used by the other party is hereby excluded explicitly.
  2. By using this website you agree to be bound by the terms and conditions of use and our privacy policy. Freesmoker encourages you to read these Terms and Conditions carefully before you use the services on this website.
  3. The Dutch text of these general terms and conditions is the authentic text and shall prevail over any translations of these general terms and conditions. ‘In writing’ and ‘written’ in these general terms and conditions shall be understood to include: by letter, by fax or electronically.

Article 4 – The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. Proper assessment of the offer by the consumer If the contractor uses. If images are presented they are a true representation of the products and / or services. Obvious mistakes or errors in the judgment of the customer are not binding on the company.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations which are attached to the acceptance of the offer This concerns in particular;:
    1. the price including VAT;
    2. the cost of delivery;
    3. how the agreement will be achieved and what necessary actions have to be taken;
    4. the method of payment, delivery and the implementation of the agreement;
    5. The deadline for accepting the offer, or the period within which the company guarantees the price;
    6. any other languages, including Dutch, in which the contract can be concluded.

Article 5 – The agreement

  1. The agreement is binding when the consumer accepts the offer and the payment is made.
  2. Freesmoker will confirm immediately by electronically receipt the acceptance of the offer.
  3. If the agreement is completed, Freesmoker will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a safe web environment

Article 6 - Customs duties

  1. Freesmoker is based in the Netherlands, member of the European community. If you order products to be delivered in countries other than in Europe, you are considered an authorized importer and must for that reason follow the laws and regulations in compliance with the country where you take delivery of the goods.
  2. You may be subject to import duties or taxes when the goods arrive in your country. Furthermore, any additional charges for customs clearance or on your account. We have no control over these charges and do not know thr amount as customs policies vary widely from country to country. You should contact your local customs office for further information.

Article 7 – The costs

  1. During the period mentioned in the offer prices of the products and / or services will not increase except for price changes due to changes in VAT rates.
  2. The mentioned prices of the products or services are included VAT.

Article 8 – Health, conformity and warranty

  1. Freesmoker guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and according to existing legal provisions / or government regulations on the date that the agreement was concluded
  2. Freesmokers supports and helps the participants at distance but has no responsibility or liability with regard to whether or not the program was completed successfully
  3. The ingredients supplied by Freesmoker- except of nicotine- are according to the standards of the WHO (World Health Organization) considered as not dangerous to your health.
  4. Freesmoker and the Dutch Foundation Free from Smoking can in no way be held responsible for health problems, physical or psychological reactions caused by improper use of the products or due to existing allergies
  5. The customer is solely responsible for proper use, clean and safe storage and personal attention in case of allergies or other physical and psychological symptoms in the use of the products supplied by Freesmoker.
  6. The customers must contact his personal GP/House doctor in case of health problems.
  7. The advices provided by Freesmoker, after the participant has completed the questionnaires, are based on the information provided at distance by anonymous customers Freesmoker has no opportunity to verify these data or see participants in person to check medical accuracy and consequences of the given answers in the questionnaires. Therefore Freesmoker cannot be held liable for any abuse or misjudgement leading to physical or mental problems .

Article 9 – Delivery

  1. The place of delivery is the address that is indicated by the customer
  2. Subject to what is stated in Article 4 of these terms and conditions the company will sent accepted orders as fast as possible but not later than 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order.
  3. IIf delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item. At last at delivery Freesmoker will report in a clear and understandable manner that the product to be delivered is a replacement.

Article 10 - Intellectual property

  1. Notwithstanding the other conditions Freesmoker reserves all intellectual property rights to which it is entitled under the Copyright Act and / or any other intellectual property laws or regulations and especially regarding the program, questionnaires and survey created by Freesmoker;
  2. All documents provided and published by Freesmoker, including reports, recommendations,
    agreements, designs, sketches, drawings, software, etc.., are intended to be used by the client and may not be reproduced by him / her without the prior permission of Freesmoker and may not be made public or available to third parties brought unless the nature of the documents provided dictates otherwise;
  3. Freesmoker has the right to use the increase of the knowledge by the performance of the work to third parties for other purposes as far as no confidential information is disclosed ;

Article 11 – Payment

  1. Payment by bank card is due immediately. The details of the customer’s credit card are encrypted for security reasons. Freesmoker will treat your payment and personal information confidential and will only use it for the agreed payment.

Article 12 – Complaints

  1. Freesmoker has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement should take place promptly, fully and clearly described and to be submitted to Freesmoker, shortly after the consumer has found the defects.
  3. Complaints submitted to Freesmoker will be replied to within 14 days from the date of receipt of the complaint. Is it likely that the processing time will take more time than Freesmoker will respond within the period of 14 days with an acknowledgment of the receipt and indicating a delay in which when the customer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement it a dispute arises that is subject to the complaints commission.
  5. In no event Freesmoker accepts liability for indirect, incidental or consequential or consequential damages of any kind (even if that damage was known or could have been known by Freesmoker) resulting from its products, their use, their sales or website

Article 13 – Disputes

  1. These Terms and Conditions are governed by the law of The Netherlands, the country where the billing company Freesmoker is enrolled.
  2. All disputes will be the exclusive jurisdiction of the courts of the Netherlands, the country of the applicable law.
  3. The Vienna Sales Convention is expressly excluded.

Article 14 – Additional or different terms

  1. Additional or different provisions of these terms may not be at disadvantage of the customer and should be recorded in a for the customer accessible manner and in such a way that they can be easily stored on a durable medium