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Terms and Conditions

Identity of the entrepreneur:

Dutchvitals.com
45 Einthovenstraat
1821 BV Alkmaar (postal address)
Chamber of Commerce: 83210784

Phone: 072-2202189
E-mail: [email protected]

Table of contents

Article 1 - Definitions
Article 2 - Applicability
Article 3 – The offer
Article 4 - The agreement
Article 5 - Right of withdrawal
Article 6 – Costs in case of withdrawal
Article 7 - Exclusion of right of withdrawal
Article 8 - The price
Article 9 - Conformity and warranty
Article 10 - Delivery and execution
Article 11 - Duration Transactions: Duration, Termination and Extension
Article 12 - Payment
Article 13 - Complaints
Article 14 – Applicable law
Article 15 - Additional or derogatory provisions

Article 1 - Definitions

In these general terms and conditions the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Dutch Vitals;
  3. Day: calendar;
  4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or Dutch Vitals to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Dutch Vitals: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance Agreement: an agreement whereby, within the framework of a system organized by Dutch Vitals for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and Dutch Vitals having come together in the same room at the same time.

Article 2 - Applicability 

  1. These general terms and conditions apply to every offer from Dutch Vitals and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Dutch Vitals and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.

Article 3 – The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Dutch Vitals uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Dutch Vitals.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
      • The price including taxes;
      • the possible costs of delivery;
      • The manner in which the agreement will be established and what action is required for this purpose;
      • Whether or not it applies to the right of withdrawal;
      • The manner of payment, delivery and execution of the agreement;
      • the term for acceptance of the offer, or the term within which Dutch Vitals guarantees the price;
      • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
      • Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
      • The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
      • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
      • the codes of conduct to which Dutch Vitals has submitted and the way in which the consumer can consult these codes of conduct electronically; and
      • The minimum duration of the remote agreement in case of a long-term transaction.

Article 4 - The agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, Dutch Vitals will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Dutch Vitals, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
  4. Dutch Vitals can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Dutch Vitals has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
  5. Dutch Vitals will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
      • the visiting address of the Dutch Vitals branch where the consumer can go with complaints;
      • The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
      • The information about guarantees and existing post-purchase service;
      • the information included in Article 4 paragraph 3 of these terms and conditions, unless Dutch Vitals has already provided this information to the consumer before the execution of the agreement;
      • The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
  6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 5 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Dutch Vitals.
  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Dutch Vitals, in accordance with the reasonable and clear instructions provided by Dutch Vitals. The basic principle here is that this inspection may not go beyond what the customer could do in a physical store.
  3. In the event of dissolution of the agreement, the consumer is obliged to return the relevant products within 14 days. This period starts on the day that the consumer makes known that he wishes to make use of his right of withdrawal using the method indicated by Dutch Vitals.

On delivery of services:

  1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least fourteen days, commencing on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Dutch Vitals with the offer and/or at the latest with the delivery.

Article 6 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
  2. If the consumer has paid an amount, Dutch Vitals will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted.

Article 7 - Exclusion of right of withdrawal

  1. Dutch Vitals can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Dutch Vitals has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
      • that have been created by Dutch Vitals in accordance with the consumer's specifications;
      • that are clearly personal in nature;
      • which cannot be returned due to their nature (delivery of products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery);
      • that spoil or become obsolete;
      • the price of which is subject to fluctuations in the financial market on which Dutch Vitals has no influence;
      • for individual newspapers and magazines;
      • For audio and video recordings and computer software that the consumer has broken the seal.
      • Exclusion of the right of withdrawal is only possible for services:
        a. to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
        b. whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
        c. regarding bets and lotteries.

Article 8 - The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Dutch Vitals can offer products or services whose prices are subject to fluctuations in the financial market and over which Dutch Vitals has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Dutch Vitals has stipulated this and:
    they are the result of laws or regulations, or
    b. the consumer has the power to terminate as of the date the increase takes effect.
    5. The prices include VAT mentioned in the supply of products or services.

Article 9 - Conformity and Warranty

  1. Dutch Vitals guarantees 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 and /or government regulations. If agreed, Dutch Vitals also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by Dutch Vitals, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Dutch Vitals under the agreement.

Article 10 - Delivery and execution

  1. Dutch Vitals will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, Dutch Vitals will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, Dutch Vitals will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
  6. The risk of damage and/or loss of products rests with Dutch Vitals until the moment of delivery to the consumer or a pre-designated representative made known to Dutch Vitals, unless expressly agreed otherwise.

Article 11 - Duration Transactions: Duration, Termination and Extension

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can agree the agreements mentioned in the previous paragraphs:
      • Terminate at all times and not be restricted to termination at a particular time or in a certain period;
      • At least terminate in the same manner as they have been incurred by him;
      • always cancel with the same notice period as Dutch Vitals has stipulated for itself.

Extension

  1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
  2. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
  3. An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

Article 12 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
  3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Dutch Vitals.
  4. In the event of non-payment by the consumer, Dutch Vitals has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the agreement must be submitted within 7 days in full and clearly defined to the entrepreneur after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
  4. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  5. In case of complaints, a consumer must first turn to the entrepreneur. For complaints that can not be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate free of charge. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 14 – Applicable law

Dutch law is applicable to these general terms and conditions and in the event of a lawsuit about these general terms and conditions or in relation to this webshop, the Dutch court has jurisdiction.

Article 15 - Additional or derogatory provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

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