Terms of service
Article 1. | Definitions
In these general terms and conditions, the following terms, always stated by capital, are used in the following sense.
Competitor Nutrition: the user of these general terms and conditions, located at Peterskamplaan 39, 7576 TP in Oldenzaal, registered in the trade register under Chamber of Commerce number 80919413.
Customer: any natural or legal person with whom Competitor Nutrition has concluded or aims to conclude.
Consumer: a customer, natural person, not acting in the exercise of a profession or business.
Parties: Competitor Nutrition and the customer jointly.
Agreement: An agreement concluded directly through the Webshop between the parties in the context of which Competitor Nutrition has committed itself to the delivery of products.
Products: the goods to be delivered to the customer in the framework of the agreement by Competitor Nutrition, including, but not exclusively, various sports and nutritional supplements and other sports-related articles can be understood.
Written: Communication in writing, communication by e-mail or any other way of communication that can be equated with this with a view to the state of the Technology and the views applicable in society.
Article 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer of Competitor Nutrition in the web store and every agreement concluded.
- The possible general terms and conditions of the customer, under whatever name, do not apply to the agreement.
- The provisions of these General Terms and Conditions can only be explicitly deviated from in writing. If and insofar as the provisions of these general terms and conditions differ from what the parties have expressly agreed in writing, what the parties have explicitly agreed in writing.
- Destruction or nullity of one or more of the provisions from these general terms and conditions or the agreement as such, does not affect the validity of the other clauses. In an appropriate case, the parties are obliged to enter mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision are taken into account as much as possible.
Article 3. | Offer and creation of agreements
- Every offer of Competitor Nutrition is without obligation. Competitor Nutrition can still withdraw his offer until immediately, at least as soon as possible after its acceptance by the customer. If payment has already been made by the Customer, Nutrition has already been made by the Customer, at least, at least as soon as possible, to reimburse the relevant amount.
- Every agreement is concluded, without prejudice to the provisions of paragraph 1, when the Competitor Nutrition has been accepted by the customer and the customer has met all the conditions that are explicitly stated in the offer. The order will then be confirmed to the customer by e-mail without prejudice to the provisions of paragraph 1.
Article 4. | Decomposition
- Subject to the provisions of the other of this article and in particular the provisions of the following paragraph, the consumer can dissolve the agreement up to 14 days after the products have been received by or on his behalf, without giving reasons in whole or in part.
- The consumer has no right of dissolution at:
- The delivery of products that are not suitable for being returned for reasons of health protection or hygiene and whose sealing/direct packaging has been broken after delivery. Open consumption means in any case fall under this and can therefore not be returned;
- The delivery of products that spoil quickly or have such a limited shelf life that returning cannot reasonably be required from Nutrition Competitor. The starting point here is that products that can be kept for less than two months are excluded from the right of dissolution;
- The delivery of products for which the right of dissolution is also excluded by virtue of Section 6.5.2b of the Dutch Civil Code or does not apply. These grounds are not relevant for the current product range of Competitor Nutrition, but if this is the case in future cases, the relevant exclusion ground will be explicitly stated in the offer at the product concerned.
- The consumer can dissolve the agreement by using the Nutrition Form for withdrawal by using the Nutrition Form, to submit a request to the Competitor Nutrition. As soon as possible after the Competitor Nutrition has been informed of the intention of the consumer to terminate the agreement and if the conditions of this article have been met, Competitor Nutrition will confirm the termination of the agreement by e-mail.
- During the period as referred to in paragraph 1, the products to be returned and the packaging thereof must be handled. The consumer may only use and inspect the products to that extent to the extent necessary to assess the nature and characteristics of the products. The starting point here is that the products may only be used and inspected as it should be in a physical store.
- If the consumer uses the right to dissolve, he will return the products undamaged, with all supplied accessories and in the original condition and packaging at Competitor Nutrition.
- The consumer is liable for any depreciation of the products that is the result of a way of dealing with the products that goes beyond than is permitted under paragraph 4. Competitor Nutrition is entitled to charge the consumer, whether or not by to settle this value reduction with the payment already received from the consumer.
- Returning the products in question must take place within 14 days after the consumer has invoked the right of dissolution in accordance with paragraph 3.
- If the consumer uses the right to terminate, the costs of returning the products will be borne by the consumer.
- Competitor Nutrition will, any payment already received from the consumer, minus any reduction in value as referred to in paragraph 6, to repay to the consumer as soon as possible, but no later than within 14 days after the termination of the agreement, provided that the products have been recovered by the Competitor Nutrition, or the consumer has shown that the products have actually been returned. If the right of dissolution is only applied with regard to a part of the order, the possible delivery costs paid by the consumer at first instance will not be eligible for a refund. Furthermore, Competitor Nutrition is not obliged to repay the additional costs, if the consumer has explicitly opted for a more expensive shipping method than the least expensive method of shipping offered by the Competitor Nutrition.
Article 5. | Delivery times
- Competitor Nutrition makes every effort to comply with the delivery times to which he has committed himself to the customer, but these deadlines never concern fatal deadlines. The absence of the Competitor Nutrition does not occur until after the customer has given the Competitor Nutrition in writing in writing, in which notice of default a reasonable period for compliance is stated, and Competitor Nutrition after the latter period is still in default with the fulfillment in default is.
- In the event of the Competitor Nutrition as referred to in the previous paragraph, the Customer is entitled to terminate the agreement for that part to which the default relates, without the customer claiming further compensation than refund or remission of the agreed price to proportionality of the part of the agreement in connection with the default.
Article 6. | Delivery of products
- Delivery of the products is done by delivery to the delivery address specified by the customer. In the event that no delivery address is stated, the billing address is a delivery address.
- Competitor Nutrition reserves the right to deliver the order in parts. In that case, the possible cooling -off period of the consumer, in connection with the right of dissolution, applies only when the last partial delivery has been received from the order by or on behalf of the consumer.
- The risk of loss and damage to the products is transferred to the customer when the products have been received by or on behalf of the customer.
- If the agreed delivery period is exceeded, the customer is, without prejudice to the provisions regarding default in Article 5, never to refuse to receive the products and/or to pay the amount owed by him to the Competitor Nutrition by virtue of the Agreement.
- If the products could not be delivered as a result of a circumstance that the customer is attributed, Competitor Nutrition is entitled to save the products for the account and risk of the customer, without prejudice to the customer's obligation to satisfy the under The agreement due to the Competitor Nutrition due to him. The costs to be incurred in connection with the non-entry into account by the customer as referred to here, such as delivery costs, will therefore be borne by the customer. The provisions of the above of this paragraph do not affect the fact that the risk of loss and damage to the products only passes to the consumer when the products have been received by or on behalf of the consumer.
Article 7. | Examination and complaints
- At the time of delivery of the products, the customer must immediately investigate whether the nature and amount thereof comply with the agreement. In the opinion of the customer, if the nature and/or quantity of the products does not comply with the agreement (s), the customer must immediately by e-mail (firstname.lastname@example.org) To announce the Competitor Nutrition.
- Complaints relating to at the time of delivery reasonably non-visible or otherwise non-recurring defects of a product, must be aware of the defect within seven days of discovering the defect, at least within a period of seven days after the customer reasonably should have been, by e-mail (email@example.com) To be submitted to the Competitor Nutrition.
- The provisions of the previous paragraphs do not affect the mandatory legal complaint period of two months for consumers, as regulated in Article 7:23 of the Dutch Civil Code.
- If the customer does not complain in time, no obligation will float for the Competitor Nutrition from such a complaint from the customer.
- Even if the customer complains in time, the customer's obligation will continue to exist for timely payment, without prejudice to the mandatory legal rights of consumers in this regard.
- Competitor Nutrition guarantees that the products meet the agreement and thus have those characteristics that are required for normal use (conformity).
- No grounds for complaints and claims on non-conformity, there are defects of products as a result of a circumstance that is not attributable after the delivery of external cause or as a result of another Nutrition. This includes non-limitative, including defects as a result of damage, molest damage, incorrect or improper storage and incorrect or improper use.
- Products can never be returned without prior written permission from Competitor Nutrition without the provisions of Article 4.
Article 8. FORCE OF THE MAJORITY
- Competitor Nutrition is not obliged to fulfill any obligation under the Agreement if and for as long as it is hindered by a circumstance that cannot be attributed to him by law, a legal act or the views applicable in society (force majeure). Force majeure is understood, in addition to what is understood by law and case law, transport restrictions, disasters, epidemics, pandemies, war and war threat, interruptions, exclusions, rioters, molest and strikes.
- Insofar as the force majeure situation makes fulfillment of the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
- If the Competitor Nutrition has already partially met its delivery obligations at the start of the force majeure situation, or can only partially meet his delivery obligations, he is entitled to charge the part of the Agreement that has already been delivered separately as if there were of an independent agreement.
- Damage as a result of force majeure, without prejudice to the application of the previous paragraph, will never be eligible for reimbursement.
Article 9. | Prices, delivery costs and payments
- Before the agreement is concluded, the total price is stated, including VAT and any delivery costs.
- If and insofar as advance payment has been agreed, the Competitor Nutrition is not obliged to (further) implement the agreement for as long as the customer is in default with the satisfaction of any payment obligation against him against Competitor Nutrition.
- Payment must be made at one of the Wijsrition -to -designs designated for this purpose and at the time specified by Competitor Nutrition, which is stated by him within the period stated by him.
- Competitor Nutrition is entitled to make the invoice available to the customer only to him by e-mail.
- If timely payment is not made, the customer's absence will take effect by law. From the day this absence occurs, the customer owes the legal (trade) interest on the outstanding amount.
- All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the customer, will be borne by the customer.
Article 10. | LIABILITY
- The customer bears the damage caused by inaccuracies or omissions in the data provided by the customer, any other shortcoming in the fulfillment of the obligations of the customer arising from the law or the agreement, as well as another circumstance that cannot be at the Nutrition Competitor allocated.
- Competitor Nutrition is, apart from intent and deliberate recklessness on his part, never liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption. Competitor Nutrition is, without prejudice to the provisions of the other of these General Terms and Conditions and in particular the provisions of paragraph 4, to only hold towards the customer for direct damage suffering from the customer as a result of an attributable shortcoming of Nutrition in the fulfillment of his obligations under the agreement. Direct damage is only understood:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that is eligible for reimbursement within the meaning of these general terms and conditions;
- Any reasonable costs incurred to allow the defective performance of Nutrition to answer to the agreement, for so much it can be attributed to the Competitor Nutrition;
- reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limiting the direct damage within the meaning of these general terms and conditions.
- If the Competitor Nutrition is liable for any damage, then Competitor Nutrition has the right to repair this damage at any time. The customer must give the Competitor Nutrition the opportunity to do this, in the absence of which any liability of Competitor Nutrition fell in this regard.
- The liability of the Competitor Nutrition is limited to a maximum of the invoice value of the agreement, at least to that part of the agreement to which the liability of Competitor Nutrition relates, on the understanding that the liability of the Competitor Nutrition will never run more than the amount in which in The relevant case, on the basis of the Nutrition insurance taken out by Competitor, is actually paid out, plus any deductible that applies under that insurance.
- Contrary to the legal limitation period, the limitation period of all claims and defenses against Competitor Nutrition is one year. Contrary to the previous sentence, the claims and defenses that are based on the facts that would justify the statement that the Consumer Sale does not comply with the Agreement does not benefit from two years.
- With regard to a consumer purchase, the restrictions from this article do not extend further than is permitted pursuant to Section 7:24 paragraph 2 of the Dutch Civil Code.
Article 11. | General Complaints Policy
- Complaints with regard to the implementation of the Agreement, without prejudice to the provisions of Article 7, must be fully and clearly defined by e-mail within a reasonable time after the Customer gave rise to the complaint, completely and clearly described (firstname.lastname@example.org) To be submitted to the Competitor Nutrition.
- Complaints submitted to Competitor Nutrition will be answered within a period of seven days after receipt thereof. If a complaint requires a longer processing time, within the period of seven days, a confirmation of receipt and an indication of when the customer can expect a more detailed answer will be answered.
- If a complaint from a consumer cannot be resolved in mutual consultation, the consumer can submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).
Article 12. | Final provisions
- The Products delivered by Competitor Nutrition remains its property until the customer has properly fulfilled all payment obligations from the relevant agreement.
- Dutch law applies exclusively to every agreement and all legal relationships arising from it between the parties.
- Before making any appeal to the court, parties are obliged to make optimum efforts to settle the dispute in mutual consultation.
- Subject to insofar as the law stands in the way under the given circumstances of the case, only the competent court within the Overijssel district is designated to take cognizance of any judicial disputes between the parties.
- Competitor Nutrition is at all times entitled to transfer his rights and obligations under the agreement to a third party.
- If these General Terms and Conditions are available in several languages, the Dutch version of this is always decisive for the explanation of the stipulations included therein.