General Terms and Conditions

General Terms and Conditions for non-members of the Dutch Thuiswinkel Organization

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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 17 – customer reviews

Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
1. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating 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 entrepreneur to store information 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 waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 – Identity of the entrepreneur
Sports nutrition trades under the name of Muscle Concepts.
E-mail address: [email protected]
Chamber of Commerce number: 53527518
Btw-identificatienummer: NL850914425B01

If the entrepreneur’s activity is subject to a relevant licensing regime: the
Data on the supervisory authority:

If the entrepreneur is engaged in a regulated profession:
– The professional association or organization with which he is affiliated;
– the professional title, the place in the EU or the European Economic Area where it was granted;
– a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him/her.

Article 4 – The offer
1. If an offer has a limited validity period or is made subject to conditions, this shall be expressly 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:
o The price including taxes;
o the cost of delivery, if any;
o The way in which the agreement will be established and what actions are required for this;
o Whether or not the right of withdrawal applies;
o The method of payment, delivery and performance of the agreement;
o The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the level of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
o whether the contract will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
o the way in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
o any other languages in which, besides Dutch, the agreement may be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
o The minimum duration of the distance contract in the case of an enduring transaction.

Article 5 – The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
When providing services:
3. When providing services, the consumer has the opportunity to dissolve the contract without giving reasons for at least fourteen days, starting on the day of entering into the contract.
4. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at delivery.

Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age rapidly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 9 – The price
1. During the validity period mentioned in 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the contract from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.

Article 11 – Delivery and execution
1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without charge and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. No later than at the time of delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the customer unless otherwise agreed. We cannot be held responsible for lost or undelivered packages by the delivery service Post NL.

Article 12 – Duration transactions: duration, termination and renewal
Notice
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
o terminate at any time and not be limited to termination at any particular time or period;
o at least terminate in the same manner as they were entered into by him;
o always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. A contract entered into for a definite period of time and which aims at the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
6. A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.

Article 13 – Payment
1. Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of a contract to provide a service, this period shall begin after the consumer receives confirmation of the contract.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution procedure.

Article 15 – Disputes
1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

Article 17 – Customer Reviews
After a minimum of 14 days, the consumer can expect an email from the entrepreneur asking the consumer what his or her opinion is about the product(s) ordered. This email is only sent once to the customer per order. If the customer has left a review, a follow-up email will follow to thank the customer including a discount code.

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