Terms of service

This is a translation provided for your convenience. In case of any discrepancy, the Dutch version of this document is legally binding.

Article 1 – The Online Store

1.1 These are the general terms and conditions of:

1.2 To keep these terms and conditions easy to understand, the following terms have a fixed meaning:

Term	Meaning
Consumer	The Customer who acts for purposes outside their trade, business or profession.
User Guide	H2Ot's digital manual accompanying a product, accessible via the QR code on the product or the packaging.
Right of Withdrawal	The right of a Consumer to dissolve a distance contract or an off-premises contract without giving any reason, as referred to in article 230o of Book 6 of the Dutch Civil Code.
Customer	Anyone (including legal entities) who enters into an Agreement with the Online Store.
Agreement	Any contractual relationship between the Online Store and the Customer.
Consumables	Parts that wear out or become saturated during normal use and must be replaced periodically, such as inserts, cartridges, membranes, mineralisation cartridges, resins and salt.
Online Store	The party named in article 1.1.

1.3 In these general terms and conditions, the Online Store and the Customer are jointly referred to as "We" or "Us". The terms "You" and "Your" refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer made by the Online Store and to every Agreement between You and the Online Store. General terms and conditions that You use yourself do not apply. This is only different if the Online Store has confirmed this to You expressly and in writing.

2.2 If anything in these general terms and conditions is 'void' or 'voidable', all other provisions shall continue to apply. In that case, We shall jointly make new arrangements to replace the void or voidable provisions. The intent of the new provision(s) must resemble the intent of the original provision(s) as closely as possible.

2.3 If the Agreement states something different from these general terms and conditions, the provisions of the Agreement shall prevail. In this way, we can also make arrangements that deviate from these general terms and conditions. However, arrangements that deviate from these general terms and conditions only apply if the Online Store has confirmed them to You expressly and in writing.

Article 3 – Offers

3.1 Every offer made by the Online Store is without obligation and You can accept it within the period stated in the offer. If You do not do so, the offer lapses. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only part of an offer made by the Online Store. In that case, too, the (entire) offer lapses.

3.2 The Online Store ensures that an offer accurately and completely describes which products and/or (digital) content and services the offer relates to. If the offer contains graphic elements (such as images or videos), these give a true representation of those products and/or (digital) content and services. The manufacturer's brand and model designations have been omitted from the images. The product You receive may nevertheless bear those designations. Minor differences in colour or finish compared with the images are also possible. This does not affect how the product works.

3.3 If an offer contains an obvious mistake or error (such as a typing or calculation error), the Online Store is not bound by the offer.

Article 4 – Performance of the Agreement and delivery

4.1 You have an Agreement with the Online Store from the moment You have accepted the Online Store's offer and have met the requirements stated by the Online Store in that respect. You will receive a confirmation of this from the Online Store within a reasonable period after the conclusion of the Agreement, and in any event upon delivery of the goods or before the service is performed. That confirmation contains:

• all information referred to in article 230m(1) of the Dutch Civil Code, unless You already received it from the Online Store on a durable medium before the conclusion of the Agreement; and
• where applicable: confirmation of the express prior consent and the statement referred to in article 230p(g) of the Dutch Civil Code;

4.2 The Online Store does its best to perform the Agreement as carefully and quickly as possible and to deliver the orders You have placed as quickly as possible. The Online Store does so in any event within 30 days of the Agreement being concluded, unless a different delivery period has been agreed. If the Online Store does not manage to deliver within that period, You may dissolve the agreement. For installations that are assembled to order or delivered directly by the manufacturer, the delivery period stated in the offer or quotation applies.

4.3 Deliveries are made to the address You have provided to the Online Store. The Online Store delivers in the Netherlands and in the other countries of the European Union. Different shipping costs and delivery periods may apply to deliveries outside the Netherlands; You will be informed of these before the conclusion of the Agreement. If the delivery address is outside the European Union, the Online Store has the right to refuse Your order without being liable to pay any compensation.

4.4 The Online Store carefully determines who within its organisation is appointed to perform the Agreement. The Online Store may also engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The Online Store will inform You in advance of the party it engages to deliver ordered products. If products are lost or damaged during that delivery, this is at the risk of the Online Store. This is only different if You have expressly agreed otherwise with the Online Store.

4.5 You must provide the Online Store in good time with all information that the Online Store has indicated is necessary for the performance of the Agreement or that You should reasonably understand to be necessary. If You fail to do so, the Online Store may, among other things, suspend the performance of the Agreement. In addition to the right to suspend the Agreement, the Online Store may (continue to) exercise any other rights it may have.

Article 5 – Prices

5.1 Are You a Consumer? Then the prices and rates stated by the Online Store include surcharges, levies and taxes (such as VAT) and any additional costs (such as shipping costs and administration costs, if any). If You are not a Consumer, the starting point is that prices are stated exclusive of VAT and other levies, unless expressly stated otherwise with the price.

5.2 Where the price of products and/or services is tied to fluctuations on the financial market(s) over which the Online Store has no influence, the Online Store may offer them at variable prices. The Online Store will then state this clearly with the price.

5.3 The Online Store has the right to implement price changes within 3 months of the Agreement being concluded, insofar as these result from a change in laws and regulations. If more than 3 months have passed since the Agreement was concluded, the Online Store also has the right to pass on to You increases in delivery, transport, shipping, call-out and administration costs.

5.4 If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in article 5.3. If You are not a Consumer, You only have the right to dissolve the agreement if the increase amounts to more than 5% of the agreed total price, unless the Online Store offers to bear the price difference (insofar as it exceeds the aforementioned 5%).

Article 6 – Payment

6.1 You are obliged to pay the Online Store's invoices within 14 days of the conclusion of the Agreement, unless You have agreed otherwise with the Online Store. Are You a Consumer? Then the law does not permit the Online Store to require You to pay more than 50% of the price in advance. For orders in the online store, You pay the full amount at checkout. If, as a Consumer, You do not wish to pay more than 50% in advance, please contact the Online Store via info@h2ot.nl before ordering.

6.2 If You are a Consumer, You are only in default with regard to the fulfilment of payment obligations once the Online Store has given You notice of default and granted You a reasonable period of at least 14 days (starting on the day after receipt of the aforementioned notice of default) to still meet Your payment obligations, and You have not paid within that 14-day period either. In that case, You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (subject to a minimum of €40.00):

• 15% on outstanding amounts up to €2,500.00;
• 10% on the following €2,500.00;
• 5% on the following €5,000.00;
• 1% on the following €190,000.00;
• 0.5% on the remainder.

6.3 If You are not a Consumer, You may not set off, suspend and/or reduce payments to the Online Store, and You are in default immediately if You have not made a payment to the Online Store on time. In that case, the Online Store also has the right to charge the statutory commercial interest from the due date of the invoice until the day You have paid in full. The Online Store does not first need to demand payment from You or give You notice of default for this purpose. The Online Store may also (continue to) exercise all its other rights against You.

6.4 Payments You make are first deducted from interest and costs owed, and then from the due and payable invoices that have been outstanding the longest.

6.5 In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer, and if the Customer loses the free management or free disposal of its assets in whole or in part, the Customer's (payment) obligations become immediately due and payable.

Article 7 – Warranties

7.1 The Online Store ensures that the products and/or services it delivers to You conform to the Agreement. This means, among other things, that those products and/or services meet what You could reasonably expect of them on the basis of the type of item and the statements the Online Store has made about them. For example with regard to quantities, the size and/or the weight of a product. The products and/or services the Online Store delivers to You also comply with the laws and regulations applicable at the time the Agreement is concluded. If You are not a Consumer, the Online Store may make different or additional arrangements with You.

7.2 If You are a Consumer, any additional warranties the Online Store has provided to You never limit consumers' statutory rights. You can therefore always exercise Your statutory (consumer) rights. H2Ot's additional warranty is set out in article 15.

Article 8 – Intellectual property rights

8.1 The intellectual property rights, including the copyright in all offers, designs, images, drawings and models that the Online Store provides to You, remain with the Online Store, unless the Online Store has expressly agreed otherwise with You in writing. Documents, data and materials that the Online Store provides to You are also intended solely for use by You as a Customer, and You may not reproduce, publish or disclose them to third parties without the prior written consent of the Online Store, unless the nature of those documents, data and materials dictates otherwise.

Article 9 – Right of Withdrawal

9.1 If You are a Consumer and there is a distance contract or off-premises contract (as referred to in article 6:230g of the Dutch Civil Code), You can exercise the Right of Withdrawal. This means that You can dissolve the Agreement without giving any reason within a period of 14 days. That 14-day period starts at the following moments:

• The same order consists of several items that are delivered separately, or the delivery consists of different consignments or parts. In that case, the period starts on the day on which (respectively) the last item, consignment or part has been received by You or a third party designated by You (other than the carrier);
• the Agreement is for the regular delivery of products over a specified period, in which case the period starts on the day on which the first item has been received by You or a third party designated by You (other than the carrier);

9.2 To exercise the Right of Withdrawal, You must inform the Online Store by means of an unequivocal statement that You are exercising the Right of Withdrawal. You may use the withdrawal form You receive from the Online Store for this purpose. You can also find the withdrawal form as an annex to these general terms and conditions. You must send the statement before the period referred to in article 9.1 has expired.

9.3 If You have not yet received the withdrawal form from the Online Store, the 14-day period referred to in paragraph 1 of this article is extended until the moment You (subsequently) receive the withdrawal form, but by no more than twelve months.

9.4 If You exercise the Right of Withdrawal, You must:

• handle any items already received and their packaging with care. You may only unpack or use those items (products) to the extent necessary to establish the nature, characteristics and functioning of the item. If You handle the item in any other way, You are liable for any resulting diminished value of the item, unless the Online Store did not provide You with all legally required information about the Right of Withdrawal before or at the conclusion of the Agreement;
• return the item (the product) to the Online Store within 14 days, counting from the day after the day on which You made the statement referred to in article 9.2.

• return the item as far as possible with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided to You by the Online Store.

9.5 If You exercise the Right of Withdrawal, the Agreement is dissolved. This also applies to any ancillary Agreements. In that case, the Online Store will refund the payments You have made to the Online Store, including any costs (for example for delivery). The Online Store will do so in any event within 14 days of the day on which You made the statement referred to in article 9.2.

9.6 You bear the risk and the burden of proof for exercising the Right of Withdrawal correctly and in time.

Article 10 – Exclusion of the right of withdrawal

10.1 If You are not a Consumer, You cannot exercise the Right of Withdrawal. Not even if You have received a withdrawal form.

10.2 If You are a Consumer, You cannot – by way of derogation from article 9 – exercise the Right of Withdrawal if:

• the Online Store has excluded the Right of Withdrawal, and
• the Online Store clearly informed You of the exclusion of the Right of Withdrawal before the conclusion of the Agreement, and
• The excluded Right of Withdrawal relates to
  • an Agreement under which the price of the goods or services is tied to fluctuations on the financial markets over which the Online Store has no influence and which may occur within the withdrawal period;
  • an Agreement under which You have specifically requested the Online Store to visit You to carry out urgent repairs or maintenance there, with the exception of:
    • additional services that You did not expressly request;
    • the supply of items other than those necessary to carry out the maintenance or repairs;
  • an Agreement concluded at a public auction;
  • an Agreement for the provision of services, after full performance of the Agreement, and insofar as the Agreement entails a payment obligation for You, if:
    • performance began with Your express prior consent; and
    • You have declared that You waive the Right of Withdrawal once the Online Store has performed the Agreement;
  • an Agreement for the provision of services relating to the provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering and services related to leisure activities, if the agreement provides for a specific date or period of performance;
  • a consumer sale (as referred to in article 5(1)(a) of Book 7 of the Dutch Civil Code) relating to:
    • the supply of items that are manufactured according to Your specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision by You, or that are clearly intended for a specific person. This also applies to installations that are custom-assembled for Your situation on the basis of a quotation signed by You (see article 20);
    • the supply of items that deteriorate rapidly or have a limited shelf life;
    • the supply of items that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. This applies to all filters, cartridges, inserts and membranes, and to other products that are sealed on delivery. If the seal has been broken, the product cannot be taken back for hygiene reasons;
    • the supply of items that, after delivery, are by their nature inseparably mixed with other items;
    • the supply of alcoholic beverages whose price was agreed at the conclusion of a consumer sale, but whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations over which the Online Store has no influence;
    • the supply of audio and video recordings and computer software whose seal has been broken after delivery;
    • the supply of newspapers, periodicals or magazines, with the exception of an agreement for the regular supply of such publications;
  • an agreement for the supply of digital content not supplied on a tangible medium, insofar as performance has begun, and insofar as the Agreement entails a payment obligation for You, if:
    • performance began with Your express prior consent;
    • You have declared that You thereby waive the Right of Withdrawal; and
    • the Online Store has provided a confirmation as referred to in article 230t(2) or article 230v(7) of Book 6 of the Dutch Civil Code.

Article 11 – Termination

11.1 If the Agreement can be terminated, termination must take place in accordance with the termination rules and notice period that You have agreed with the Online Store.

11.2 If You are a Consumer, the following rules and periods apply to termination. The Online Store may not deviate from these to Your detriment as a Consumer:

• If the Agreement has been entered into for an indefinite period and is for the regular delivery of goods, including electricity, heating and cooling, or for the regular performance of services, You have the right to terminate the Agreement at any time.
• If the Agreement has been entered into for a fixed period and is for the regular delivery of goods, including electricity, heating and cooling, or for the regular performance of services, You have the right to terminate the Agreement with effect from the end of the (fixed) term. However, if that Agreement has been tacitly renewed, You may terminate the Agreement at any time.
• The notice period is a maximum of one month, unless the Agreement is for the regular delivery of periodicals, daily newspapers, news magazines and/or weekly magazines, where delivery takes place less than once a month. In that case, the notice period is a maximum of three months.
• If the Agreement has been entered into for a fixed period and is for the regular delivery of goods, including electricity, heating and cooling, or for the regular performance of services, the Agreement may not be tacitly extended or renewed for a fixed term, unless the Agreement concerns the regular delivery of periodicals, daily newspapers, news magazines and/or weekly magazines. In the latter case, the Agreement may be tacitly extended for a fixed term of no more than three months, and You have the right to terminate the Agreement with effect from the end of the extension, subject to a notice period of no more than one month.
• An Agreement for the delivery of periodicals, daily newspapers, news magazines and/or weekly magazines that has a limited duration and is intended as an introduction (a trial subscription) is not tacitly continued and ends automatically (without notice of termination) at the end of the (limited) term of the Agreement (the trial period).
• You may terminate any Agreement lasting longer than one year at any time after the first year, unless reasonableness and fairness preclude termination before the end of the agreed term.

11.3 If You are not a Consumer, You may only terminate the Agreement if this is expressly provided for in the Agreement and in accordance with the termination rules and notice periods specified therein.

Article 12 – Personal data

12.1 The Online Store only processes personal data in accordance with applicable laws and regulations. This means, among other things, that:

• the Online Store only processes personal data insofar as that processing can be based on one of the legal bases set out in article 6 of the General Data Protection Regulation (GDPR);
• the Online Store takes appropriate technical and organisational measures to properly secure the personal data it processes;
• the Online Store will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;
• personal data is not kept for longer than necessary for the purposes for which it was collected, unless the Online Store is required by law to keep the data for longer;
• You have, among other things, the right to access, rectify and have erased Your personal data, to have the processing restricted, to object to processing or – where applicable – to data portability;

12.2 You can read how the Online Store handles Your personal data in the privacy statement on h2ot.nl.

Article 13 – Complaints

13.1 The Online Store has a clear complaints procedure. The Online Store handles every complaint in accordance with this complaints procedure.

13.2 If You have a complaint about the performance of the Agreement, You must submit it to the Online Store, fully and clearly described, within two months of discovering the defect.

13.3 The Online Store responds, where possible, within 14 days of receiving the complaint. If a complaint requires a longer processing time, You will receive an acknowledgement of receipt within the aforementioned 14-day period, which will in any event include an indication of when You can expect a more detailed response.

13.4 In the event of complaints, You always contact the Online Store first via info@h2ot.nl, so that we can look for a suitable solution together.

13.5 If we cannot resolve the matter together, You can submit the dispute to the competent court (see article 21). If You are a Consumer living in another country of the European Union, You can also contact the European Consumer Centre (ECC) in Your country for advice.

Article 14 – Installation, use and maintenance

14.1 The Online Store supplies products without installation. You have the product installed by a qualified installer, in accordance with the product's User Guide and the requirements applicable to drinking water installations (such as NEN 1006 and the Waterwerkbladen). The installer's costs are for Your account.

14.2 You ensure that the location and the connection are suitable for the product, as described in the User Guide. Think of the water pressure, the water temperature, a frost-free location, a suitable drain and, where necessary, a power socket.

14.3 Check the installation for leaks during the first 24 hours after commissioning and after each replacement of an insert, cartridge or membrane. For whole-house installations, the Online Store recommends having a leak protection device (water stop) fitted.

14.4 Inserts, cartridges, membranes and other consumables must be replaced in good time, in accordance with the intervals in the User Guide. The performance of a product depends on the composition of Your water, the flow rate and the timely replacement of consumables.

14.5 If You use water from Your own source or well, the Online Store recommends having the water tested by an accredited laboratory first. Without that data, the Online Store cannot guarantee that a product is suitable for Your water.

Article 15 – H2Ot warranty

15.1 In addition to Your statutory rights (article 7), the Online Store provides a 2-year warranty on the main components of its products, calculated from the day of delivery.

15.2 Consumables are not covered by this warranty. These include inserts, cartridges, membranes, mineralisation cartridges, resins and salt. A manufacturing defect that was already present at delivery is, however, covered by Your statutory rights.

15.3 The warranty does not apply if the defect was caused by:

• installation that was not carried out as described in article 14.1;
• use that deviates from the User Guide, or use outside the specified water pressure or water temperature;
• frost, or limescale or dirt deposits due to consumables not being replaced in time;
• repairs or modifications not carried out by or in consultation with the Online Store.

15.4 You make a warranty claim by email to info@h2ot.nl, stating Your order number, a brief description and a photo of the defect. You will receive a response within 4 working days. If the defect is covered by the warranty, the Online Store will send You the replacement part free of charge.

15.5 If the product does not work when connected and You report this within 24 hours of installation, the Online Store will replace the product free of charge. This only applies if the product is installed within 3 months of delivery. If the product is installed later, the warranty under articles 15.1 to 15.4 inclusive applies. The installer's costs remain for Your account in all cases.

15.6 This warranty never limits the rights You have as a Consumer under the law.

Article 16 – Liability

16.1 The Online Store is liable for damage that is the direct result of a failure in performance attributable to the Online Store.

16.2 The Online Store is not liable for damage, including water damage, caused because:

• the product was not installed as described in article 14.1;
• the product was used in a manner that deviates from the User Guide;
• consumables were not replaced in time;
• the product was modified or repaired by persons other than the Online Store or without its consent;
• You provided incorrect or incomplete information about Your situation or Your water.

16.3 If the Online Store is liable, that liability is limited to the amount paid out by its liability insurance in that case. If the insurance does not pay out, the liability is limited to the amount You paid for the product concerned.

16.4 If You are not a Consumer, the Online Store is not liable for indirect damage, such as consequential loss, loss of profit, loss of production or business interruption.

16.5 If You discover a leak or water damage, shut off the water supply immediately, limit the damage as far as reasonably possible and report it to the Online Store as soon as possible, preferably with photos.

16.6 The limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of the Online Store. Nor do they affect the rights You have as a Consumer under the law, such as the rules on product liability.

Article 17 – Retention of title

17.1 All delivered products remain the property of the Online Store until You have paid in full everything You owe under the Agreement.

17.2 If You are not a Consumer, You may not pledge, resell or otherwise make the products available to third parties for as long as they remain the property of the Online Store.

Article 18 – Force majeure

18.1 The Online Store is not liable if it is unable to fulfil its obligations, or to fulfil them on time, due to force majeure. Force majeure includes, among other things, a failure or delay on the part of suppliers or carriers, breakdowns, fire, floods, epidemics, government measures and trade restrictions.

18.2 If the force majeure lasts longer than 60 days, both You and the Online Store may dissolve the Agreement. The Online Store will refund within 14 days anything You have already paid for products that have not been delivered.

Article 19 – Water quality and medical disclaimer

19.1 About Your tap water. Dutch tap water meets the statutory standards. With a product from the Online Store, You choose for yourself what else is removed from Your water.

19.2 No medical advice. The information on the website and in the Online Store's User Guides is general in nature. It is not medical advice and does not replace the advice of a doctor or other healthcare provider.

19.3 Not a medicine. The Online Store's products are not medicines or medical devices. They are not intended to diagnose, treat, cure or prevent diseases or conditions. If You have questions about Your health, please contact Your GP or another healthcare provider. Never delay seeking medical advice because of something You read on the website or in a User Guide.

19.4 What a filter does. How much a filter reduces depends on the composition of Your water, the flow rate and timely replacement. The substances mentioned are reduced, not always completely removed. Where test data is available, the Online Store states it with the product.

19.5 Data from others. The Online Store adopts information on water quality from third parties, such as Your water company, in good faith. The Online Store is not responsible for its accuracy.

Article 20 – Custom quotations and business customers

20.1 For large installations and installations for the hospitality sector and businesses, the Online Store prepares a custom quotation. A price shown for such a product on the website is an indication. A quotation is always without obligation.

20.2 The Agreement is concluded as soon as You have signed the quotation and returned it to the Online Store. The quotation also states the shipping costs and the delivery period.

20.3 An installation that is assembled for Your situation on the basis of a quotation falls under the exception to the Right of Withdrawal in article 10.2.

20.4 When requesting a business installation, You state Your company's Chamber of Commerce (KvK) number.

Article 21 – Governing law and choice of forum

21.1 The Agreement is governed exclusively by Dutch law.

21.2 In addition to the option of using the complaints procedure described in article 13, You may submit disputes to the courts. In such cases, the court of the district in which the Online Store is established has jurisdiction to hear the dispute, to the exclusion of other competent judicial bodies and arbitration. Unless a court in another location has jurisdiction on the basis of a mandatory statutory provision.

21.3 If You are a Consumer domiciled in another country of the European Union, You retain the protection of the mandatory rules of the law of Your country of residence.

Annex 1: Model withdrawal form