Terms

Terms & Conditions – VitaNutra

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 –Consumer obligations during the

reflection period

Article 8 - Exercising the right of withdrawal by the

consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - The price

Article 11 - Compliance and additional warranty

Article 12 - Delivery and execution

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

   

Article 1 – Definitions

In these conditions, the following terms shall be defined as follows:

1. Additional agreement: Supplementary agreement: an agreement whereby the consumer acquires products and / or services in connection with a long distance contract and these goods and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer can execute his right of withdrawal;

3. Consumer: the private individual who does not act in relation to trade, business, craft or professional activity related purposes;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Durable medium:any tool - including e-mail - that enables the consumer orentrepreneur to store information that is addressed to him personally, in a way that future consultation or use during a period that is geared towards the goalfor which the information is intended, and which allows unaltered reproduction of the stored information;

7. Right of withdrawal: the possibility for the consumer to cancel the long distance contract within the cooling-off period;

8. Entrepreneur: the private individual or legal entity who offers products and / or services to consumers from a distance;

9. Long Distance Agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized distance selling system ofproducts and / or services, whereby one or more techniques for long distance communication is used up to and including the conclusion of the agreement, be it exclusively or partly;

10. Withdrawal From: the European model form for withdrawal included in Appendix I of these conditions;

11. Technology for long distance communication: means that can be used to conclude an agreement,without the consumer and entrepreneur having to be in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

An agreement with consumer is concluded by the following entrepreneur:

VitaNutra
Mozartstraat 322
6044 RS Roermond
The Netherlands

Emailaddress: [email protected] 

Tel: +31 (0)648 901 201

(Available between 9AM-16PM)

 

Chamber of Commerce Number: 12044158

VAT identification number: NL1583.39.095.B01

The delivery of the goods ordered by the consumer will done by:

VitaNutra

Mozartstraat 322

6044 RS Roermond

The Netherlands

 

Email address: [email protected]

 

Tel: +31 (0)648 901 201

(Available between 9AM-16PM)

 

Chamber of Commerce Number: 12044158

VAT identification number: NL1583.39.095.B01

The delivery of the goods ordered by the consumer will done by:

Article 3 - Applicability

1.     These general terms and conditions apply to every offer made by the entrepreneur and to each of the long distance contracts between entrepreneur and consumer.

2.     Since the long distance agreement is concluded electronically, the text of these general terms and conditions will only be made available to the consumer electronically, through publication on the platform on which the products areoffered to the consumer and in such a way that it can be easily stored by the consumer on a durable medium.

3.     In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second paragraph applies mutatis mutandis and in the event of contradictory conditions the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1.     If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2.     The offer contains a complete and accurate description of the offered products and / or services. Thedescription is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur. The layout of thethe packaging shown may differ from that of the delivered product.

3.     Each offer contains information to provide clarity to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The contract

4.     The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by theconsumer of the offer and fulfill the corresponding conditions.

5.     If the consumer has accepted the offer electronically, the entrepreneur will immediately confirmthe acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

6.     If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measuresto secure the electronic transfer of data and ensure a secure web environment. Entrepreneur is obliged to take appropriate security measures in connection with electronic payment by the consumer.

7.     The entrepreneur may, within legal frameworks, inquire whether the consumer can meet his payment obligations, and of all those other facts and factors that are important for a responsible conclusion of the long distance contract. If the entrepreneur has good reasons not to enter into the agreement, based on this inquiry, he is entitled to refuse an order or request, or to attach special conditions to the execution.

8.     The entrepreneur will provide the following information at the latest on delivery of the product or service to the consumer:

a.      The physical address of the business location of the entrepreneur where the consumer may refer to with complaints;

b.     The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or aclear statement regarding the exclusion of the right of withdrawal;

c.      The information about guarantees and existing service afterpurchase;

d.     The price including all taxes of the product or service and the applicable costs ofdelivery;

e.      The withdrawal form, if the consumer has a right of withdrawal.

 

Article 6 - Right of withdrawal

9.     The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).

10. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; Extended cooling-off period for products and services that have not been delivered on a tangible medium when not informing about the right of withdrawal:

if the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or with the withdrawal model form, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.

11. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or with the withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.

12. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received this information.

 

Article 7 –Consumer obligations during the cooling-off period

1.     During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2.     The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.

3.     The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1.     If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.

2.     As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.

3.     The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4.     The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5.     The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

6.     If the consumer exercises his right of withdrawal, all additional agreements will be legally dissolved.

Article 9 - Obligations of the entrepreneur in case of withdrawal 

1.     If the entrepreneur provides the notification of withdrawal by the consumer electronically, he will send an acknowledgment of receipt immediately after receipt of this notification.

2.     The entrepreneur will reimburse all payments done by consumer without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product.

3.     The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

 

4.     If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - The price

1.     During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2.     Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.

3.     Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4.     Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

a.      if these are the result of statutory regulations or provisions; or

b.     if the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5.     The prices mentioned in the offer of products or services including VAT.

Article 11 - Compliance and additional warranty

1.     The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement / or government regulations. The entrepreneur explicitly does not guarantee that the product is suitable for other than normal use.

2.     An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the agreement.

3.     An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .

Article 12 - Delivery and execution

1.     The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.

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

3.     With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.

4.     After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

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

Article 13 - Payment

6.     Unless otherwise stipulated in the agreement or additional conditions, the consumer will pay amounts due directly to the entrepreneur by electronic payment.

7.     The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 - Complaints procedure

1.     The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2.     Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

3.     Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4.     If the complaint can not be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating 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 stored by the consumer in an accessible manner on a durable medium.

Annex I: Model withdrawalform

(only fill in this form and return it when you want to cancel the contract) 

To: 

VitaNutra
Maiblox1102
6044KC  Roermond
The Netherlands 

@: [email protected]

 

I/we * hereby notify you, that I/we * will cancel our agreement regarding the sale of the following products:

 

o Dietary supplements on a natural basis *

o Vitamins *

o Slimming products *

* Delete what is not applicable or fill in what is applicable.

 

Ordered on:    

Delivered on:

Name Consumer(s):

Address:

 

 

 

 Signature (only when this form is submitted on paper)