General terms and conditions
Terms and Conditions
Article 1 - Definitions
Article 2 - The Entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 – Exercise of Right of withdrawal by Consumer
Article 8 - Obligations of Entrepreneur in the event of withdrawal
Article 9 - Costs in case of withdrawal
Article 10 - Performance of an agreement and extra Guarantee
Article 11 - Delivery and execution
Article 12 - Complaints procedure
Article 13 – Disputes and competent court
Article 14 - Additional provisions or derogations
Article 1 – Definitions
In these Terms and Conditions, the following capitalized terms shall have the following meaning:
Reflection period: the period during which the Consumer may use his Right of withdrawal;
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
Day: calendar day;
Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Right of withdrawal: the Consumer’s option not to proceed with the Distance agreement within the Reflection period;
Entrepreneur: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance;
Distance contract: a contract concluded between the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more Technologies for distance communication up to the conclusion of the contract;
Standard form for withdrawal: the in appendix 1 of these Terms and Conditions included a form for withdrawal. Appendix 1 does not have to be made available if the consumer has no Right of withdrawal with regard to the order;
Technology for distance communication: an application to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Ausnutria Nutrition Europe B.V.
Dokter van Deenweg 150
8025 BM Zwolle
Chamber of Commerce number: 55411886
Vat number: NL8516.96.788.B.01
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any Distance contract concluded between the Entrepreneur and the Consumer.
- Before concluding a Distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be accessed and that they will be sent free of charge if so requested, before the Distance contract is concluded.
- If the Distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the Distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a Sustainable data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the Distance contract.
- In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer has the right to invoke the applicable provision that is most favorable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable for the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
- Subject to the provisions in Article 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the Distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a Sustainable data carrier:
- the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- the conditions on which and the manner in which the Consumer may exercise the Right of withdrawal, or, as the case may be, clear information about his Right of withdrawal being exempted;
- the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the Distance contract;
- the Standard form for withdrawal if the Consumer has the Right of withdrawal.
Article 6 – Right of withdrawal
- The Consumer can cancel a purchase contract for a product without giving reasons during the Reflection period of 14 days.
- The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The Reflection period referred to in sub-clause 1 starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. The Entrepreneur may, provided he has clearly informed the Consumer about this prior to the ordering process, refuse an order for several products with different delivery times;
- 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;
- in the case of agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
- During the Reflection period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
Article 7 – Exercise of Right of withdrawal by Consumer
- If the Consumer makes use of his Right of withdrawal, he will notify this to the Entrepreneur within the Reflection period by means of the Standard form of withdrawal or in another unambiguous manner.
- 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 required if the Entrepreneur has offered to collect the product himself. The Consumer has in any case observed the return period if he returns the product before the Reflection period has expired. Unless the Entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier.
- The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the Right of withdrawal lies with the Consumer.
Article 8 – Obligations of Entrepreneur in the event of withdrawal
- If the Entrepreneur makes the notification of withdrawal by the Consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
- The Entrepreneur uses the same payment method for reimbursement that the Consumer has used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 9 – Costs in case of withdrawal
- The Entrepreneur shall bear the direct costs (including the possible delivery costs.-) of returning the product. The Consumer shall bear the re-delivery costs of returning the product.2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Entrepreneur may have charged for the returned product, as soon as possible but within 30 Days following the Day on which the Consumer notified him of the withdrawal.
Article 10 – Performance of an agreement and extra Guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
- An extra guarantee is understood to mean any commitment by the Entrepreneur, his supplier, importer or producer in which he grants the Consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the obligations of the agreement.
Article 11 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 Days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to cancel (in Dutch: “ontbinden”) the contract free of charge and with the right to possible compensation.
- After cancellation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 Days after cancellation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 12 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 Days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 Days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules set forth in article 13 below.
Article 13 – Disputes and competent court
- Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
- Any dispute arising out of or in connection with the use of the website or with the Agreements for the purchase of products, is subject to the non-exclusive jurisdiction of the Dutch courts.
Article 14 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a Sustainable data carrier.
Appendix 1 – Standard form for withdrawal
You can find the return form here.