TERMS AND CONDITIONS
General terms and conditions of sale and delivery of Loss Nutrition filed with the Chamber of Commerce Brabant under number 777180254.
ARTICLE 1. GENERAL
1.1. These terms and conditions apply to all agreements and offers for the purchase/sale of goods and/or assignments and services from Loss Nutrition
1.2. Additions or deviations from these terms and conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations arising from agreements between Loss Nutrition and the other party cannot be transferred by the other party to third parties, unless with written permission from Loss Nutrition.
1.4. Other general terms and conditions, including those of the other party, are not accepted by Loss Nutrition, unless otherwise agreed in writing and confirmed by Loss Nutrition.
ARTICLE 2. ASSORTMENT
2.1. All offers are without obligation and are during the stock. An offer containing a term can nevertheless be revoked by Loss Nutrition, even after receipt of the order, provided that within 5 working days after receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the main characteristics of products are shown as accurately as possible, they are of an approximate nature and are not binding on Loss Nutrition. The information on our website is compiled and maintained with great care. Despite our care, it is possible that you find typing errors. We accept no liability for such errors. All information on our websites is therefore subject to printing and typing errors.
ARTICLE 3. PRICES/PAYMENT
3.1. All quotations and the prices that Loss Nutrition are shown in euros and include VAT and other costs that fall under the agreement, such as levies.
3.2. Delivery costs are not included in the price unless stated otherwise.
3.3. If, after the agreement has been concluded, the prices of materials, taxes and/or other factors that also determine the price of the goods undergo a change, Loss Nutrition is entitled to implement these price changes. Price changes of more than 10% give the other party the right to dissolve the agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforesaid does not entitle the other party to compensation for any damage.
3.4. Orders via the website can be paid using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payments by means of invoices, if expressly agreed, are made within 14 days of the invoice date.
3.5. The other party is in default after expiry of the payment term referred to in paragraph 1 of this article without a notice of default being required, irrespective of whether or not the exceeding thereof can be attributed to the other party.
3.6. Without prejudice to its other rights, Loss Nutrition is then authorized to charge interest on the outstanding amount of 1.5% per month or part of a month, to be calculated from the relevant due date.
3.7. All extrajudicial and judicial costs incurred by Loss Nutrition in the context of a dispute with the other party, both the claimant and the defendant, are for the account of the other party.
3.8. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.
ARTICLE 4. AGREEMENTS
4.1. An agreement is only deemed to have been legally concluded after Loss Nutrition has confirmed the order in writing or has started the execution of the order. The content of the agreement is determined by the offer and/or order confirmation from Loss Nutrition and these general terms and conditions.
4.2. If – after the order has been issued – an additional order is submitted, the originally agreed delivery time will lapse.
4.3. The other party and Loss Nutrition expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions set out in Articles 4.1 and 4.2 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance.
4.4. For a quick and insured order, we charge a contribution of €5.95 in shipping costs within the Netherlands.
ARTICLE 5. CANCELLATION AND RETURNS
5.1. The other party is entitled to a cooling-off period of 14 days after delivery of the product if the other party is a consumer and provided the packaging has not been broken. This right also lapses if the products have been put into use and see 5.2. Companies are excluded from this right under the 2001 Purchase or Distance Act. The other party (consumer) may return a product within the aforementioned period of 14 days.
5.1A. If you want to make use of the return option, please contact us within 7 days at info@loss-nutrition.com, mention the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage at your own expense.
5.2. Conditions for the right of return: The product must not have been used and must still be re-saleable as new. It must be returned undamaged, complete and in the original packaging. Products for which hygiene is important, such as tablets, capsules, powders, drinks, creams, oils and other sealed products, can only be returned unopened and undamaged (possibly with intact seal). If you have damaged products during use, we can charge this.
In short: Items whose safety packaging has been broken can therefore not be returned.
5.3. If the other party has made use of the right of withdrawal as stated in the previous paragraph and the product is offered to Loss Nutrition, unused and in original packaging with any accessories supplied without use damage, then Loss Nutrition will reimburse the other party within 30 days of receipt. .
5.4. In the event of cancellation by companies, all costs incurred by Loss Nutrition with regard to the order or assignment, as well as the lost profits, are immediately due and payable, with a minimum of 10% of the principal sum, all to be increased to the extent necessary with any losses incurred by Loss Nutrition as a result. damage suffered from the cancellation.
ARTICLE 6. DELIVERY TIME, DELIVERY, RISK
6.1. In principle, Loss Nutrition aims to ship orders placed before 5:00 PM on a working day that same day. The delivery term stated or agreed upon in the offer and/or the order confirmation does not apply as a strict deadline and is only indicated by approximation, not even if it has been expressly accepted by the other party.
6.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left informing you that the delivery can be picked up at the post office.
6.3. Different conditions may apply for deliveries abroad.
6.4. The stated or agreed delivery period is in any case, but not limited to, automatically extended by the period(s) during which:
– there is a delay in the manufacture and/or shipment and/or any other circumstance that temporarily prevents the execution, regardless of whether this can be attributed to Loss Nutrition;
– the other party fails in one or more obligations towards Loss Nutrition or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are well-founded or not;
– the other party does not enable Loss Nutrition to execute the agreement; this situation arises, among other things, if the other party fails to communicate the place of delivery.
6.5. The other party must receive and check the goods purchased from Loss Nutrition (see warranty). If these goods are refused by the other party or if delivery proves impossible, the goods will be stored by Loss Nutrition, such at the expense and risk of the other party. The costs for storage are for the account of the other party. Loss Nutrition will claim fulfillment but reserves the right to dissolve the agreement without judicial intervention, without prejudice to Loss Nutrition’s right to compensation.
ARTICLE 7. IMPLEMENTATION OF THE AGREEMENT
7.1. Loss Nutrition will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
7.2. Loss Nutrition is entitled to outsource the assignment or parts thereof to third parties who are not employed by Loss Nutrition without the consent of the other party.
7.3. The other party will ensure that all information, which Loss Nutrition indicates is necessary or which the other party should reasonably understand to be necessary for the execution of the agreement, is provided to Loss Nutrition in a timely manner. If the information required for the execution of the agreement has not been provided to Loss Nutrition in time, Loss Nutrition has the right to suspend the execution of the agreement.
ARTICLE 8. WARRANTY/PROMOTION
8.1 Loss Nutrition guarantees that all items are suitable and legally permissible for the purpose for which they are intended, that they are in accordance with the agreed specifications.
8.2. With due observance of the provisions elsewhere in these terms and conditions, Loss Nutrition guarantees the soundness and quality of the products it supplies. If a product is unusable due to damage during shipment, or if it does not correspond to the ordered item, the other party has the option to return this product.
8.3. The guarantees regarding the delivered goods lie with the manufacturer of the relevant goods.
8.4. The other party is obliged to read the information and advice from the manufacturer accompanying the products before using the products supplied.
8.5. Advertising is not possible if:
– the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
– the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of Loss Nutrition, have been used, stored or transported improperly,
– the damage is caused by the negligence of the other party or because the other party has acted contrary to instructions, directions and advice from Loss Nutrition.
– the other party has not fulfilled its obligations towards Loss Nutrition (both financially and otherwise).
8.6. If the other party, with due observance of the provisions of the relevant agreement and these general terms and conditions, submits a written complaint within 5 days of receipt, and Loss Nutrition finds its complaint well-founded, Loss Nutrition will, at its discretion, replace the defective goods (or parts thereof) free of charge. (after which the replaced goods become its property) or grant a price reduction.
8.7. The handling of a complaint does not suspend the payment obligation of the other party.
8.8. If attention is paid to a complaint outside the cases described above, this is done without obligation and the other party cannot derive any rights from this.
ARTICLE 9. EXAMINATION
9.1. The goods are checked by Loss Nutrition before delivery. The other party has the right, at its own expense, to inspect the goods before delivery at a time and place determined by Loss Nutrition.
ARTICLE 10. NON-PERFORMANCE / DISSOLUTION / SUSPENSION
10.1. Loss Nutrition is authorized to dissolve the agreement with immediate effect, without judicial intervention, in whole or in part or to suspend the execution, without prejudice to its other rights (to fulfillment and/or compensation), if:
– the other party acts contrary to any provision of the agreement between the parties;
– the other party dies, applies for a moratorium or files a declaration of bankruptcy or the other party is filed for bankruptcy;
– any asset of the other party is attached;
10.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not, in the opinion of Loss Nutrition, provided adequate security within seven days.
ARTICLE 11. RETENTION OF TITLE
11.1. Cash on delivery takes place subject to retention of title and after full payment the product is the property of the other party.
ARTICLE 12. LIABILITY
12.1. Loss Nutrition is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. The fulfillment of the obligations under warranty/complaints as described in article 9 above applies as sole and full compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Loss Nutrition or executive subordinates.
12.2. Loss Nutrition is also not liable for intent or (gross) negligence of (non-executive) subordinates or others that it has engaged in the context of the execution of the agreement.
12.3 Loss Nutrition accepts no liability for advice provided by or on behalf of it.
12.4. The other party must always give Loss Nutrition the opportunity to settle a complaint, otherwise the liability and thus the compensation will lapse.
ARTICLE 13. FORCE OF THE MAJORITY
13.1. Force majeure within the meaning of these general terms and conditions is understood to mean any circumstance beyond the control of Loss Nutrition, whether or not foreseeable at the time of entering into the agreement, as a result of which compliance cannot reasonably be expected from Loss Nutrition, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost loss, shortcomings of third parties who have been appointed by Loss Nutrition for the execution of the agreement. enabled (such as late delivery by suppliers), etc.
13.2. Force majeure gives Loss Nutrition the right either to terminate the agreement in whole or in part, or to suspend the execution of its obligations, without being obliged to pay compensation. With regard to the part of the agreement already performed, the other party remains obliged to pay.
ARTICLE 14. PERSONAL DATA
14.1. Loss Nutrition will only process all data and information of the other party in accordance with its privacy policy.
ARTICLE 15. PARTIAL NULLITY
15.1. If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force and effect. The invalid provisions will be replaced by a suitable arrangement that comes as close as possible to the intention of the parties and the economic result pursued by them in a legally effective manner.
ARTICLE 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
16.1. The place of business of Loss Nutrition is the place where the other party must fulfill its obligations towards Loss Nutrition, unless mandatory provisions oppose this.
16.2. All offers and agreements of Loss Nutrition are exclusively governed by Dutch law.
16.3. All disputes arising as a result of the agreement concluded between the other party and Loss Nutrition or of further agreements that may result therefrom, will be settled by the competent court.
