ARTICLE 1 : GENERAL
1.1 The following conditions apply to the sale of the products of the company NutriBlends BV, registered under company number 74843931 and whose registered office is located at Pesetastraat 86, 2988CN Ridderkerk (Netherlands).
1.2 The products and services available are subject to the conditions below
1.3 These terms and conditions apply to the entire relationship between the Buyer and the Seller (the Seller means NutriBlends BV and the Buyer means any natural or legal person who makes an order or purchase, regardless of the place and the means used to do so), in particular (but not limited to):
– Visiting and using the website
– All orders, deliveries and purchases made towards the seller
– The knowledge and understanding of the Seller's public statements or mass communications (i.e. advertisement).
The following actions by Buyer imply unconditional and full acceptance of these terms and conditions:
– Visiting and using the website
– Any order, delivery and purchase from the seller
ARTICLE 2 : CONTRACT
2.1 The present terms and conditions apply to all contracts (the contract designates any contract concluded between the Seller and the Buyer, in relation to the products) and supersedes the Buyer's general terms and conditions of purchase for all contracts.
2.2 All contracts are made between Buyer and Seller on a personal basis and (except as noted below) may not be transferred or given away by either party to any third party without the written consent of the other. Seller is free to sell or transfer to any third party any claim, demand, right or warranty it may have against Buyer by any means. Specifically, we mean by third parties, production suppliers, insurer, accountant and, if necessary, creditor.
2.3 Relaxation or concessions that may be granted by the Seller shall not cancel, modify or prejudice the application of these Terms in whole or in part and shall not affect the Seller's rights. The seller has the right to change these terms and conditions at any time. The modified terms and conditions will be effective from their first communication by any means (eg website), it being understood, however, that they do not apply to a previous purchase, nor to an order already placed.
ARTICLE 3 : ORDERS
3.1 The Buyer is given the opportunity to place an order for various products that are distinguished by their characteristics and prices. The characteristics of the products are those appearing in the seller's specifications, on the date of the buyer's order.
3.2 As the Products sold by the Seller are subject to change, the Seller may at any time change their characteristics or components for any reason or remove any Product from its catalogs and/or commercial records. These changes can take place at any time, including after the Buyer's order, as these changes are the result of the application of standards, texts or regulations that apply to the Products. In such a situation, the seller will inform the buyer in any way.
3.3 By placing the order, the Buyer makes a firm proposal to conclude a purchase contract for the products offered via quotation. This quotation must be signed and returned. The placing of the order confirms that the buyer accepts these conditions of sale as the only authentic one that governs his relationship with the seller.
3.4 Any order received by the Seller will only become final after confirmation by means of an acknowledgment of receipt of the order.
ARTICLE 4 : PRICES
Without prejudice to any other terms and conditions of sale listed below, the Products will be charged at the rate in effect at the time the order is placed. Prices communicated are exclusive of Dutch VAT (9% on supplements and 21% on services) and are subject to any other applicable tax or duty.
ARTICLE 5 : DELIVERY
5.1 Purchase orders only become effective after acceptance of the order and receipt of payment by the Seller. No changes to orders are effectively accepted by the seller.
5.2 The date or period for delivery stated by the seller is considered indicative and not contractually binding on the seller. The parties acknowledge that, upon confirmation or acceptance of an order stating a particular delivery time, due to certain circumstances resulting from changes in product availability, the Seller may postpone the delivery date. Such delay cannot be considered a breach of contract and therefore cannot give rise to damages, or termination or cancellation of the contract in whole or in part.
5.3 Transport and any guarantee are at the expense of the Buyer, unless otherwise agreed in writing between the parties.
ARTICLE 6 : CUSTOM DUTIES
6.1 Any order placed and delivered outside the Netherlands may be subject to taxes and customs duties imposed when the package reaches its destination.
6.2 These customs duties and any taxes related to the delivery of an item are the responsibility of the customer. NutriBlends B.V. is under no obligation to verify and inform customers of applicable customs duties and taxes. It is up to the customer to contact the competent authorities of his country.
ARTICLE 7 : RIGHT OF WITHDRAWAL
7.1 The buyer who is not a consumer has no right of withdrawal.
7.2 If the products received are defective or not in accordance with the order, the customer must inform NutriBlends B.V. within 7 days after receipt of the order by e-mail to info@nutri-blends.com.
7.3 In the event of an error in the communication of the delivery data, NutriBlends B.V. cannot be held responsible. In case of refusal of the package by the customer, the shipping costs will apply to the customer.
ARTICLE 8 : WARRANTY
8.1. Unless otherwise agreed by the parties, Seller warrants that the Products, under normal use, will conform to the applicable specifications for the Products at the time such Products are ordered. In this context, the legal conformity guarantee of Products applies.
8.2 If any limitation of Seller's liability is deemed ineffective under applicable law, then Seller's liability, under the contract or in connection with the contract, shall in each case be limited to the minimum amount of the purchase price specified on the relevant invoice from the Seller. In no event shall the seller be liable for any pre-contractual, special, indirect, incidental or consequential damages.
8.3 If the buyer has been instructed to deliver the products to a third party, the delivery thereof to the third party shall be deemed to have been approved by the buyer as being in full compliance with the contract. The non-conformity of the goods reported by a third party may give rise to liability of the Buyer, to the exclusion of that of the Seller.
ARTIKEL 9 : PAYMENT
9.1 The Buyer shall make payment for Products immediately upon placing the order to the Seller's specified account number. Unless Seller receives written notice from Buyer within 15 days of the invoice date, the invoice shall be deemed accepted by Buyer as accurate and fully due.
9.2 When accepting the order, the Buyer agrees to the payment condition as indicated by NutriBlends BV, meaning 70% down payment at the start of the order and 30% balance on delivery.
ARTICLE 10: RETENTION OF TITLE
10.1 Notwithstanding delivery of the Goods, Seller retains title in the Products until full payment of the purchase price of the products by Buyer and more generally until payment of all amounts owed by Buyer to Seller.
ARTICLE 11: POWER OF NATURE
11.1 The seller cannot be held liable for delays or lack of delivery caused (directly or indirectly) by the fault of suppliers (shortage packaging materials or mail order companies), nature, even if the cause of such event existed on the date of the order by the buyer or has occurred after delivery has been delayed by the Seller for other reasons.
ARTICLE 12: INTELLECTUAL PROPERTY AND PRIVACY
12.2 The seller reserves full and exclusive ownership of various data sent in the context of these agreements pursuant to the law of August 31, 1998 transposing the European Directive of March 11, 1996 on the legal protection of databases.
12.3 All trademarks, texts, comments, materials, illustrations and images, visual or audio, on the seller's website are protected by copyright, trademark, patent and image rights. They are wholly owned by the seller or its subsidiaries or affiliates..
12.4 Any reproduction, in whole or in part, constitutes an infringement which may give rise to civil and criminal liability of the perpetrator. Reproduction of the seller's catalog, in whole or in part, is strictly prohibited.
12.5 The seller reserves the right to collect data about the user, including order processing, shipment of products, electronic mail, regular mail or bookings for advertising or other purposes. However, the user has the right to view and correct his data.
12.6 Products offered from the seller's catalog are the full and exclusive property of the seller. As long as the buyer places his orders through the seller, the products will be offered for sale.
ARTICLE 13: RESERVE REGARDING PHOTOS, FEATURES, INFORMATION AND PRICE
13.1 The seller will make every effort to ensure that the information and prices stated are correct and without errors. However, sometimes errors occur. In such a case, the seller is not obliged to conclude the contract resulting from the error in the representation.
13.2 The seller reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time. Label information (label physical and claims), photos and other illustrations used to present items have no contractual value. The seller cannot be held liable by the buyer for any damage or costs due to these errors or inaccuracies in the supplied documentation.
ARTIKEL 14: LIMITATION OF LIABILITY
14.1 Seller shall not be liable to Buyer for any direct or indirect consequential damages to Buyer's equipment or hardware resulting from the use of Seller's services.
14.2 The seller undertakes to describe all products as faithfully as possible by stating the name, description, price and/or other details of the product. The seller cannot be held liable for direct or indirect consequences of material or typographical errors or other errors or omissions with regard to the information published to the buyer. When outsourcing label design and the associated information provision of the ingredients and dosage from the buyer to the seller, the seller is responsible for providing the correct nutritional information. Each label is checked by the buyer before printing to ensure that it is free of spelling errors. Seller ensures that content and dosage correspond to what is stated for the label claim. Deviation in color or finish compared to the digitally supplied label is not a reason for the buyer to refuse to order and/or claim new adjusted labels.
14.3 If the buyer decides to design the labels himself, he is fully responsible for the end result. The seller will only print the labels and not inspect the labels for correct content or quality. The buyer can in no way hold the seller responsible for the end result. In addition, the seller is released from any claims or damages that may arise from incorrect claims from the label.
ARTICLE 15 - APPLICABLE LAW AND COMPETENT COURTS
15.1 The relationship between the Buyer and the Seller is governed by Dutch law.
15.2 If any provision of these terms and conditions is found to be invalid or unenforceable, the remainder of such provision shall remain in full force and effect.
15.3 Any dispute arising from or related to a contract will be submitted exclusively to the competent court of the judicial district where NutriBlends B.V. is located. The language of the proceedings is Dutch.
ARTICLE 16 - ONLINE DISPUTE RESOLUTION
16.1 According to Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the consumer can go to the online platform to resolve a dispute arising from a purchased product: https://ec.europa.eu/consumers/ODR/main/index.cfm?event=main.home.
The Delivery Conditions also apply to these General Terms and Conditions. In these delivery conditions you will find specific matters regarding the delivery.
