Terms & conditions

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Performance

Article 12 – Continuous Transactions: Duration, Termination and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal;

Consumer: the natural person who does not act for purposes relating to their trade, business or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

Durable data carrier: any means enabling the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Model withdrawal form: the standard form provided by the entrepreneur that the consumer can complete to exercise their right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;

Means of distance communication: method that can be used for concluding a contract without the consumer and entrepreneur being present in the same place at the same time;

Terms and Conditions: these present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

NutrioShop

Solckamastins 18

8925 EH Leeuwarden

The Netherlands

E-mail: contact@nutrioshop.nl

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be stated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer’s request as soon as possible.

If the distance contract is concluded electronically, and notwithstanding the previous paragraph, the text of these terms and conditions may be provided electronically prior to conclusion of the contract in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be stated where the terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these general terms and conditions, the foregoing paragraphs shall apply accordingly, and in the event of conflicting provisions, the consumer may always rely on the applicable provision most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or are annulled, the agreement and the remaining provisions shall remain in force. The affected provision shall be replaced in mutual consultation by a provision that most closely reflects the original intent.

Any situation not covered by these terms and conditions shall be assessed in accordance with the “spirit” of these terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the “spirit” of these terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable proper assessment by the consumer. Images used are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications and data are indicative and cannot result in compensation or dissolution of the agreement.

Images are intended as a truthful representation; however, the entrepreneur cannot guarantee that the colours displayed accurately reflect the actual colours.

Each offer provides sufficient information for the consumer to understand the rights and obligations attached to acceptance of the offer, including in particular:

  • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what actions are required;
  • whether the right of withdrawal applies;
  • methods of payment, delivery and performance;
  • the period for accepting the offer or the period during which the price is guaranteed;
  • the rate for distance communication if higher than the basic rate;
  • whether the agreement will be archived and how it can be consulted;
  • how the consumer may review and correct data before concluding the agreement;
  • languages in which the agreement can be concluded besides Dutch;
  • applicable codes of conduct;
  • the minimum duration of the agreement in the case of a continuous transaction.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the stated conditions.

Electronic acceptance will be promptly confirmed electronically by the entrepreneur. Until this confirmation is received, the consumer may dissolve the agreement.

If concluded electronically, the entrepreneur will implement suitable technical and organisational security measures and ensure a secure web environment. Where electronic payment is possible, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal boundaries, assess whether the consumer can fulfil payment obligations and evaluate relevant facts. If reasonable grounds exist to refuse entrance into the contract, the entrepreneur may refuse the order or impose special conditions.

The entrepreneur shall provide, in writing or on a durable data carrier:

  • contact address for complaints;
  • conditions and instructions for exercising the right of withdrawal or notice of exclusion;
  • warranty and after-sales service information;
  • the information listed in Article 4(3) if not already provided;
  • termination requirements for continuous agreements over one year or indefinite duration.

For continuous transactions, this applies only to the first delivery.

All agreements are subject to the availability of the ordered products.

Article 6 – Right of Withdrawal

Products

The consumer may withdraw from the agreement within 14 days without stating reasons. The period begins the day after receipt of the product.

The consumer must handle the product and packaging with care, using it only to assess suitability. If withdrawing, the product must be returned complete, in original condition and packaging where reasonably possible, following provided instructions.

Withdrawal must be reported within 14 days by means of the model form or other communication (e.g., email). The product must be returned within a further 14 days. Proof of dispatch must be provided if necessary.

If deadlines are not met, the purchase becomes final.

Services

For services, the consumer may withdraw within at least 14 days from the day the contract is concluded.

Article 7 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

All paid amounts will be refunded within 14 days following withdrawal, provided the product has been returned or proof of return has been supplied. Refunds are processed via the original payment method unless another is agreed.

Damage due to improper handling is the consumer’s liability.

The consumer cannot be held liable for depreciation if required statutory information about withdrawal was not provided prior to purchase.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • custom-made or personalised products;
  • clearly personal items;
  • products not suitable for return;
  • perishable goods;
  • products subject to financial market fluctuations;
  • newspapers and magazines;
  • unsealed audio/video or software products;
  • unsealed hygiene products.

For services, the right may be excluded for:

  • accommodation, transport, catering or leisure services scheduled for a specific date;
  • services that began with consumer consent before the withdrawal period expired;
  • betting and lottery services.

Article 9 – The Price

Prices remain unchanged during the stated validity period except for VAT changes.

Variable pricing may apply to products affected by financial market fluctuations beyond the entrepreneur’s control.

Price increases within three months are permitted only if legally required. After three months, increases are permitted only where agreed and the consumer has termination rights.

Prices include VAT and are subject to printing or typographical errors.

Article 10 – Conformity and Warranty

Products and services shall conform to the agreement and statutory standards.

Any additional warranty does not limit the consumer’s legal rights.

Defects must be reported within two months of discovery.

Warranty corresponds to the manufacturer’s warranty period.

Warranty excludes defects caused by misuse, unauthorised repairs, abnormal conditions or contrary handling.

Article 11 – Delivery and Performance

The entrepreneur exercises due care in order processing.

Delivery occurs at the address specified by the consumer.

Orders are fulfilled within 30 days, unless otherwise agreed.

Delays entitle the consumer to cancel the agreement but not compensation.

Refunds after dissolution take place within 14 days.

If delivery is impossible, a replacement product may be supplied with preservation of withdrawal rights. Return costs are borne by the entrepreneur.

Risk transfers upon delivery to the consumer or designated representative.

Article 12 – Continuous Transactions

Termination

Indefinite contracts may be cancelled with one month’s notice.

Fixed-term contracts may be cancelled at the end of the term with one month’s notice.

Consumers may terminate at any time and using the same method by which they entered the agreement.

Renewal

Fixed-term contracts may not be tacitly renewed except:

  • Press subscriptions may be renewed for up to three months.
  • Otherwise, renewal is only permitted for an indefinite period with monthly termination rights.

Trial subscriptions automatically end after the trial period.

Duration

Contracts longer than one year may be cancelled at any time after one year with one month’s notice.

Article 13 – Payment

Payments must be made within 7 business days following commencement of the cooling-off period.

The consumer must promptly report incorrect payment details.

In cases of default, reasonable collection costs may be charged subject to legal limits.

Article 14 – Complaints Procedure

Complaints must be submitted in writing within 2 months of discovery and will be answered within 14 days.

If unresolved, and the webshop is a member of WebwinkelKeur, disputes may be submitted to WebwinkelKeur mediation or its independent dispute committee, whose decisions are binding.

Complaints do not suspend the entrepreneur’s obligations.

Valid complaints may result in replacement or repair at the entrepreneur’s discretion.

Article 15 – Disputes

Dutch law exclusively applies to agreements under these terms.

The Vienna Sales Convention (CISG) is excluded.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or on a durable data carrier.

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