APPLICABLE TO PURCHASES OF HEALY WORLD PRODUCTS
These Terms and Conditions govern the purchase of HEALY WORLD products made on the official website at http://eu.healy.shop/ (the “Website”) operated by Healy International B.V. (“HEALY WORLD”). They constitute a legally binding agreement between (i) a purchaser of HEALY WORLD products for purposes which are outside his trade, business, craft or profession (hereinafter referred to as “Consumer”) and (ii) HEALY WORLD as corporation legally established and existing under the laws the Netherlands having its business address at Paterswoldseweg 806, 9728 BM, Groningen, Netherlands.
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
By placing an order for a HEALY WORLD product, you express your unconditional consent to be bound by these Terms and Conditions.
For the purpose of these Terms and Conditions, the following definitions shall apply:
Consumer: A Consumer is a natural person, above 18 years old, who concludes a legal transaction with HEALY WORLD for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (hereinafter “you”).
HEALY WORLD Product: All goods and services provided by HEALY WORLD to Consumers and Independent HEALY WORLD Members.
Independent HEALY WORLD Member: An individual who purchases product, generates retail sales and business building Bonuses (including those with different ranks, levels, titles, or paid as titles obtained per the Compensation Plan)
Right of Cancellation: The right of a Consumer to withdraw from a Purchases contract concluded with HEALY WORLD as set out in these Terms and Conditions.
Purchase Contract: Any contract under which HEALY WORLD transfers or undertakes to transfer the ownership of a product to the Consumer and the Consumer pays or undertakes to pay the price thereof, including any contract having as its object both products and services.
Website: A virtual place of business HEALY WORLD established to transact goods and services by using information and communications facilities to provide Consumers with such goods and services.
2.1 A Consumer shall make a purchase order on the Website in the manner set forth below or otherwise in a similar manner, and HEALY WORLD shall provide the description for each of the following items in a way that promotes such Consumer’s easy understanding: (a) search and choose a product; (b) enter the recipient’s name, address, phone number, and email address (or mobile phone number); (c) confirm the content of the terms and conditions, services that the Right of Cancellation may not be exercised against and fees payable by such Consumer such as delivery or installation fees; (d) accept these Terms and Conditions and manifest the confirmation or rejection of the items listed in (c) above; (e) confirm the purchase order and consent to the confirmation of the purchase order by HEALY WORLD and (f) choose a payment method.
2.2 Upon HEALY WORLD’s acceptance of a product order placed by a Consumer, a legally binding Purchase contract between the Consumer and HEALY WORLD, comes into effect.
2.3 A product order shall be deemed accepted by HEALY WORLD upon either (a) the written acceptance of the order, which may be expressed via any means permitted by applicable law, by HEALY WORLD, or (b) the shipment of the product, which is subject of the order, by HEALY WORLD.
2.4 HEALY WORLD makes all reasonable efforts to provide a specific, clear and detailed description of the properties, price, and availability of any product offered by HEALY WORLD.
2.5 All product prices displayed in the official HEALY WORLD literature and on the official HEALY WORLD website are inclusive of applicable tax.
2.6 HEALY WORLD reserves the full right to cancel a product order without compensation, if exceptionally and despite HEALY WORLD’s best efforts the product, which is subject of the order, is displayed in the official HEALY WORLD literature or on the official HEALY WORLD website with an incorrect price.
3. SUBSCRIPTION of HEALY FREQUENCY PROGRAM
Beside buying the Healy device, you can also subscribe to a Healy Frequency Program or upgrade your Healy Frequency Program.
3.1 Scope and use of the HEALY WORLD subscription
The Healy subscription program grants you the right to use the Healy Frequency Program and further services (“the Services”). The subscription may not be used by other people or organizations. We may offer some Healy Frequency Program as a lifetime purchase or on a monthly subscription base, individually or as a bundle of various Programs. The Services are subject to the subscription terms as follows.
3.2 Acceptance of the HEALY WORLD subscription
The Healy subscription terms for the Healy Frequency Programs are accepted by you by placing the subscription order for any bundle beyond the lifetime bundle.
3.3 Duration and cancelation of the HEALY WORLD subscription
On purchases of a Healy device the first 3 months of subscription will be included. The separately payable monthly subscription runs from the date commencing the third month of your device purchase. On purchases of frequency programs only the payment will be due on the date of your order of the Healy Frequency Program until your cancelation. Cancelation is possible at any time log in to the store in the section “Subscriptions” simply click on “cancel” at any time and cancel the subscriptions you no longer want giving one calendar months’ notice. It does not matter if you cancel at the start of the month or at the end of the month. The cancelation period starts on the 1st of the month following your cancelation. (Example : you cancel on October 3rd, your cancelation starts on November 1st and the contract ends on November 30th).
3.4 Withdrawal of the HEALY WORLD subscription
The consumer has the right to cancel this contract within 14 days without giving a reason. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires, please see below Clause 7. However, the right of withdrawal of your digital HEALY WORLD subscription may expire if HEALY WORLD has commenced performance of the digital subscription after the consumer expressly consented commencing performance of the contract before the expiry of the withdrawal period and the consumer has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the digital HEALY WORLD subscription. In the event you file for bankruptcy, the subscription will be terminated, and all Healy Frequency subscription services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
3.5 Price and payment terms
The prices are displayed in each subscription order. Such prices may vary due to price indices globally and you are entitled to a cancelation should you not agree to a price adjustment. Payment of your HEALY WORLD Frequency subscription program shall be made upon your online order. HEALY WORLD will not be responsible for any loss, damage, costs, expenses, or other claims of you or any third party resulting from the suspension of the Services. Fees for the Healy Frequency Subscription programs shall be paid via credit card and prior to the first Healy Frequency subscription order. We offer and accept credit cards of VISA, Master Card, American Express, Giropay, Apple Pay, PayPal, Google Pay, Samsung Pay, SOFORT. Important Notice: The list is not exhaustive and the separate privacy policies of the card providers apply at all times of transactions.
3.6 Operating stability
HEALY WORLD Frequency subscription programs will be provided at the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, HEALY WORLD aims to re-establish normal operations as quickly as possible.
3.7 Maintenance of the System
HEALY WORLD is entitled to make operational changes to the Healy Frequency programs for improvements or otherwise (for example by developing or updating software) without giving you prior notice. In some circumstances, it may be necessary to suspend access to the frequency programs, usually between 9pm and 6am CET. Notice of such a suspension will be given to you in advance. HEALY WORLD will not be responsible for any consequences of such a suspension where notice has been given.
The Healy Frequency programs remains the full property of HEALY WORLD. Individually customized frequency programs software also remains the property of HEALY WORLD unless otherwise stipulated. HEALY WORLD may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
3.9 Liability of HEALY WORLD
HEALY WORLD has taken reasonable measures to ensure that the frequency programs are virus-free but no warranty is given that the programs are free from infection from viruses etc., and Healy shall have no liability if this is not the case. To the extent permitted by law, Healy disclaims all warranties with respect to the frequency programs, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
HEALY WORLD shall not be liable to the Consumer for any loss or damage caused arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Healy, its employees, agents or authorized representatives, for which no limit applies, Healy’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability.
3.10 Data Privacy and Confidentiality
HEALY WORLD is bound by secrecy in respect of any information received about you and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
4.1 The prices are displayed in each subscription order. Such prices may vary due to price indices globally and you are entitled to a cancelation should you not agree to a price adjustment. Payment on a product order shall be received at the time of ordering. Unless full payment has been received, HEALY WORLD will not start processing delivery of a product order.
4.2 The prices in Euro stated on the product pages include the statutory value-added tax and other price components and do not include the respective flat-rate shipping costs. The total purchase price for the products ordered by you including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.
4.3 Payment shall be made by the payment method selected by you in the ordering process. In doing so, you pay with debt-discharging effect in each case to the payment service provider.
4.4 You agree that you will receive invoices and credit notes exclusively in electronic form.
5.1 A product order is delivered to the address the Consumer has communicated to HEALY WORLD.
5.2 HEALY WORLD makes all reasonable efforts to provide delivery of any product order no later than 30 calendar days from the day of conclusion of the Purchases contract or such other period to be agreed by both parties. Any other time referred to by HEALY WORLD for delivery shall be deemed as a not binding estimate only.
5.3 HEALY WORLD is not liable for any loss, of whatsoever kind, resulting either directly or indirectly from HEALY WORLD’s failure to meet any estimated time of delivery.
5.4 HEALY WORLD reserves the right not to refund any delivery fees paid by the Consumer if the Consumer thereafter wishes to change the mode of delivery to a lower-priced delivery option or to self-pickup or to a new delivery address which cost is lower after after the delivery fee is paid and the delivery is initiated. HEALY WORLD also reserves the right to demand for any additional delivery charges incurred if the Consumer thereafter wishes to change the address provided earlier or to change the mode of delivery to a higher priced delivery option.
5.5 HEALY WORLD reserves the full right to deliver a product order or any part thereof in advance of the estimated delivery date.
5.6 The risk of loss of or damage to the product, which is the subject of an order, shall pass to the Consumer (a) when the Consumer or a third party indicated by the Consumer and other than the carrier has acquired the physical possession of the product; or (b) upon delivery of the product to the carrier if the carrier was commissioned by the Consumer to carry the product and that choice was not offered by HEALY WORLD , without prejudice to the rights of the Consumer against the carrier.
5.7 Notwithstanding any limitations on delivery and/or the passing of risk, HEALY WORLD shall retain property in and title to any product until HEALY WORLD has received full payment for all products, which are subject of an order.
6.1 HEALY WORLD’s liability against the Consumer for any direct damage is limited to the invoice amount of the product order, except for damages related with hidden defects of the product, loss of life or bodily injury of the Consumer, or in case of intent and/or gross negligence on the part of HEALY WORLD.
6.2 HEALY WORLD bears no responsibility for any damage resulting from incorrect use of the product by the Consumer.
6.3 HEALY WORLD bears no responsibility for loss of life or bodily injury due to pre-existing medical conditions of the Consumer.
7. RIGHT OF REVOCATION
7.1 The Consumer has the full right to withdraw from the Purchase Contract concluded with HEALY WORLD, without stating any reason, within fourteen (14) days, during which Consumer may, on reasonable commercial terms, cancel an order or contract and receive a full refund of their money.
However, the right of withdrawal of your digital HEALY WORLD subscription may expire if HEALY WORLD has commenced performance of the digital subscription after the consumer expressly consented commencing performance of the contract before the expiry of the withdrawal period and the consumer has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the digital HEALY WORLD subscription.
7.2 The withdrawal period set forth in section 7.1 expires after the period from the date on which the Consumer received a copy of the Purchases Contract. If a copy of the Purchases Contract was received later than the date of delivery, then the withdrawal period set forth in section 7.1 expires after the period from such date of delivery. For the purpose of this section 7.2, the date of delivery shall mean: (a) the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the product, or (b) in the case of multiple products ordered by the Consumer in one order and delivered separately, the day on which the Consumer or a third party than the carrier and indicated by the Consumer acquires physical possession of the last product, or (c) in the case of delivery of a product consisting of multiple lots or pieces, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last lot or piece.
To exercise your right of withdrawal please log in and submit a ticket in the Support Center including your name, email address, telephone number, and request to return a HEALY device or any other HEALY product in your ticket. We will process your return and send you a return label. Package your Healy device securely, affix the return label, and bring the package to the nearest DHL drop-off location.
7.3 Sample of revocation
Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Healy International B.V.
Phone: +31 800 3336222
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw this contract. You can use the sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawalof this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to us.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
– To Healy International B.V.Paterswoldseweg 806, 9728 Groningen, Netherlands
Herewith I/we (*) withdraw the contract concluded by me/us (*) for the purchase of the
the following goods (*),/the provision of the following service(*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
7.4 If a Consumer has used or consumed the product that would be returned after the exercise of the Right of Revocation, HEALY WORLD may invoice the amount required to supply a consumable part if the returned product may not be resold or the repurchase price is significantly decreased because of the Consumer’s use of the returned product; and the amount paid for supplying a consumed part of the returned product if the returned product consists of several equal parts.
7.5 During the Period set forth in section 7.2 and, in any case, until the Consumer sends the product back to HEALY WORLD, the Consumer is obliged to handle the product and the packaging with care. The Consumer may only unpack, utilize and inspect the product to the extent that is necessary to establish the nature, the characteristics and the functioning of the product.
7.6 The Consumer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed.
7.7 To the extent that may be applicable, the Right of Withdrawaldoes not apply to:
(a) The product is damaged or destroyed for a reason attributable to a Consumer;
(b) The value of the product has been significantly diminished due to the Consumer’s use or consumption of the product or service;
(c) The value of the product has been significantly diminished due to the time elapsed;
(d) The product is a type of products that may be reproduced, and the packaging of the product returned is damaged; and
(e) the product was produced specially in accordance with the Consumer’s order, HEALY WORLD is likely to sustain a severe and irrecoverable loss if the Consumer is allowed to withdraw or cancel the relevant contract (hereinafter referred to as “withdrawal of subscription, etc.”); and HEALY WORLD has separately informed the Consumer thereof with regard to the relevant transaction and obtained the Consumer’s written consent thereto.
Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, paragraphs (b)~(d) shall not apply and the Consumer may exercise the Right of Withdrawal if HEALY WORLD has not provided the fact that the Consumer may not withdraw in the packaging or otherwise in a manner that clearly visible to the Consumer or has not taken a measure such as providing a sample product.
(a) A sealed product which is not suitable for return due to health protection or hygiene reasons and the seal of which is broken after delivery,
(b) A product which is not prefabricated, but manufactured according to the Consumer’s specifications on the basis of an individual choice or decision of the Consumer, or which is clearly intended for a specific person, and
(c) A digital content which is not supplied on a tangible medium, but only if the performance has begun with the Consumer’s prior express consent and the Consumer’s acknowledgment that the Consumer thereby loses the Right of Revocation.
7.8 Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, if a product or service is different from what has been labeled or advertised or the content of the Purchase Contract, a Consumer may exercise the Right of Cancellation within six (6) months after such product or service was delivered.
8. HEALY WORLD Consumer Satisfaction Guarantee
8.1 HEALY WORLD’s products come with guarantees that cannot be excluded under the local law and IHWM are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
8.2 HEALY WORLD World provides a satisfaction guarantee in respect of HEALY WORLD World products, which is available at http://eu.healy.shop/.
8.3 For defective and damaged products, please refer to the HEALY WORLD Return Policy For Defective or Damaged Products.
8.4 The HEALY WORLD Consumer Satisfaction Guarantee (“HCSG”) supplements the Consumer’s statutory rights as provided by Law and in no way affects any of these rights.
8.5 HEALY WORLD reserves the full right to abrogate the HCSG or modify its terms, in whole or in part, from time to time, to the extend permissible under the Law , by providing notice of such changes in the official HEALY WORLD literature, or on the official HEALY WORLD website, or by any other mechanism permitted under the Law.
9. COMPLAINTS AND DISPUTES
The Consumer may address to HEALY WORLD any complaint in connection with a Purchases contract, which is subject to these Terms and Conditions, by using the contact details set forth in section 12.
Please note, the European Commission provides a platform for online dispute
resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ We are
neither willing nor obliged to participate in a dispute resolution procedure before a
consumer arbitration board.
10. APPLICABLE LAW
10.1 The formation, construction, interpretation, and enforceability of a Purchase contract between HEALY WORLD and a Consumer, which is subject to these Terms and Conditions, and all claims arising from or relating to such a contract is governed by the laws of the Netherlands to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods and of international private law.
10.2 Nothing in these Terms and Conditions shall prejudice the rights of a Consumer according to mandatory provisions of the applicable law.
If one or more provisions of these Terms and Conditions are or become invalid or void, the remaining provisions of these Terms and Conditions are not thereby affected but remain in full force and effect.
12. CONTACT DETAILS
Healy International B.V.
Paterswoldseweg 806, 9728 Groningen
CEO: Millicent B.V.
CCI Nr.: 69816875
Phone: +31 800 3336222