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Terms & Conditions.

OVERVIEW

This website is operated by Bien Health B.V. (KVK number: 87795205) (“Bien.Health”
or the “Company”). Throughout this website, the terms “we”, “us” and “our” refer to Bien.Health. Bien.Health offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting this website and/or purchasing something from us, you engage in our services and agree to be bound by the following terms and conditions (the “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available on this website. These Terms and Conditions apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using this website. By accessing or using any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you will not be able to place an order on this website. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to this website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this website. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes
on this website. It is your responsibility to check this website periodically for changes of the Terms and Conditions. Your continued use of or access to this website following the posting of any changes of the Terms and Conditions constitutes acceptance of those changes.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed under the laws of the Netherlands.

We cannot and will not make any claims about the legal status of any products and/or services in any other country, because it is impossible for us to keep up with the continually changing laws in every country. We do not guarantee in any way that the information provided by this website and the products and/or services advertised on this website are available, applicable or legally permitted outside the Netherlands.

We cannot provide any information on the legal status of a product in any other country than the Netherlands. You have the responsibility to inform yourself about your local laws, import and custom regulations before ordering.

1. APPLICABILITY

These general terms and conditions apply to every offer from the Company and to every contract concluded between the Company and the consumer.

Before the contract is concluded, the text of these general terms and conditions will be made available to the consumer on the website with the internet address (URL) https://bien.health and shall be expressly accepted by the consumer by ticking a box before placing an order.


In the event that specific product and/or service conditions apply in addition to these general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

2. THE OFFER

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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the Company uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer will not bind the Company.

Each offer contains such information that it is clear to the consumer what rights a obligations are attached to the acceptance of the offer.


This concerns in particular, without limitation:
• the price of the products or services, including relevant taxes;
• the delivery costs if any; and
• the method of payment, delivery and implementation of the order.

Furthermore, each offer will clearly state that the products sold by the Company shall:
• not be used for recreational or medical purposes;
• respect the recommendation and dosage as expressly out in Bien.Health;

• not replace any medical products or any medical counselling;

• always be combined with a healthy lifestyle;
• not be used by people younger than 18 years old;
• not be used while pregnant or breastfeeding;
• not be used in case of a mental or physical condition and/or illness;
• not be used in case of color blindness;
• not be used in extreme cases or during traumatic events; and
• not be used in combination with alcohol or other drugs (including criminalized
drugs).


In case of any doubt, the consumer shall promptly consult a doctor before using the product.

3. THE CONTRACT

The contract between the consumer and the Company is concluded when the consumer accepts the offer and places the order by meeting the corresponding conditions.


Once the consumer has accepted the offer, the Company will immediately confirm receipt of acceptance of the offer electronically.

The Company will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a safe web environment. The Company will observe appropriate security measures with respect to electronic payments. The Company may demand – within legal frameworks – to be informed by the consumer
about his ability to meet the contractual payment obligations towards the Company, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Company has reasons not to enter into the agreement, it is entitled to refuse an order, stating reasons, or to
attach special conditions to the execution.

The Company will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the e-mail address and/or phone number of the Company where the consumer can go with complaints; and
• information about guarantees and existing after-sales service, if any.

4. EXCLUSION OF RIGHT OF WITHDRAWAL

The consumer shall not be entitled to any rights of withdrawal after placing an order, due to the perishable nature of the sold products.

5. 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 as a result of changes in VAT rates.

Contrary to the previous paragraph, the Company can offer products or services whose prices are subject to fluctuations in the financial market and over which the Company has no influence, with variable (“target”) prices. This website contains a link to the aforementioned fluctuations and the fact that any and all stated prices are
target prices.

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

Discount codes are personal and cannot be transferred to other persons or other user accounts unless otherwise stated.

6. DELIVERY AND IMPLEMENTATION

The Company will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.


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

The company will execute accepted orders expeditiously, but at the latest within 30 days from the date on which the order was placed by the customer, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after
placing the order. In that case, the consumer has the right to terminate the contract without costs and without any right to any compensation except for refunding.

If – for whatever reason – the delivery of an ordered product proves to be impossible, the Company will proceed as soon as practicable to a new shipment of the same product to the consumer.

The risk of damage and/or loss of products rests with the Company until the moment of delivery to the consumer or a pre-designated and announced representative to the consumer, unless expressly agreed otherwise.

7. COMPLIANCE AND WARRANTY

The Company warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the Dutch law provisions existing on the date of the conclusion of the agreement. A warranty provided by the Company does not affect the legal rights and claims that the consumer may be competent to assert against the Company under the agreement.


The Company warrants that fresh psilocybin truffles are legal in the Netherlands and can therefore be shipped to all EU countries under the Mutual Recognition of Goods Principle of the European Commission. However, due to the rapidly changing legal landscape of all jurisdictions that the Company ships its products and/or services to,
it is the customer’s own responsibility to verify the local legal status of these products and/or services in his or her country of residence.

Reference is made to the “Governing Law and Jurisdiction” paragraph on page 1 of these Terms and Conditions.

8. CANCELLATION

The consumer has the right to cancel a contract with the Company, subject to a prior written notice to be sent by e-mail by the consumer to info@bien.health.


Two notice periods apply:
(i) in the event the contract relates to a delivery of products and/or services on a weekly or a monthly basis, a notice received by the Company more than 2 (two) weeks before next delivery date will terminate the contract as per the date on which the aforementioned delivery will be fulfilled; and

(ii) in the event the contract relates to a delivery of products and/or services on a bi- monthly or tri-monthly basis, a notice received by the Company more than 4 (four) weeks before next delivery date will terminate the contract as per the date on which the aforementioned delivery will be fulfilled.

9. PAYMENT

Payments shall be made immediately after placing the order via this website, using an electronic payment service such as, without limitation, credit or debit card.

When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order and/or services concerned before the stipulated prepayment has taken place.

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

In case of payment default by the consumer, the Company has the right to terminate the agreement after giving reasonable prior notice by e-mail to the consumer and to charge the reasonable costs incurred by the Company due to the payment default by the customer.

10. COMPLAINTS POLICY

Complaints about the implementation of the agreement must be submitted to the Company within a reasonable time, fully and clearly motivated, and sent by e-mail to:
info@bien.health.


Complaints submitted to the Company will be answered within a period of 15 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Company will reply within a period of 15 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

11. ADDITIONAL OR DIFFERENT TERMS

Additional or deviating provisions from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer easily.

12. DISPUTES

The competent court of Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any and all disputes arising from or in connection with these Terms and Conditions.

© Bien Health B.V. (april 2024)

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