Terms and Conditions

Terms and Conditions

Index:

Article   1 – Definitions

Article   2 – Identity of the entrepreneur

Article   3 – Applicability

Article   4 – The offer

Article   5 – Right of withdrawal

Article   6 – Obligations of the consumer during the reflection period

Article 7 – Exercise of the right of withdrawal by the consumer and costs thereof

Article   8 – Obligations of the entrepreneur in the event of withdrawal

Article  9 – Exclusion right of withdrawal

Article 10 – The price

Article 11 – Compliance and extra guarantee

Article 12 – Delivery and execution

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Portrait right

Article 17 – Retailers

 

 

 

 

 

 

Article 1 – Definitions

In these general terms and conditions, the following terms, also which are conjugated in plural or singular, are used in
uses the following meaning, insofar as the nature or purport of the provisions does not dictate otherwise.

  1. Terms and Conditions: the present document.
  2.  Daily vitamins: dailyvitamins.nl or dailyvitamins Publishing, the users of these terms and conditions, part
    of Daily Vitamins., located at Bolderweg 2, 1332 in Almere, registered in the
    Trade register under Chamber of Commerce number 82131406
  3. Other party: any natural or legal person with whom Daily vitamins has concluded or intends to enter into an agreement
    Close.
  4. Consumer: a counterparty as referred to in the previous paragraph, natural person, not acting in the exercise
    of a profession or company.
  5. Website: www.dailyvitamins.nl or all
    domain names.
  6. Products: all to be sold and delivered by Daily vitamins to the other party within the framework of the agreement overeenkomst
    matters, which may not be limited to, supplements, vitamins and drinks.
  7. Written: communication in writing, communication by e-mail, or any other means of communication
    in view of the state of the art and the prevailing views in society, can be equated with this
    be made.

Article 2 – Identity of the entrepreneur

Name entrepreneur: Daily vitamins

Business address: Bolderweg 2, 1332 AT in Almere

Email: info@dailyvitamins.nl

Phone number: 06 42 93 09 95

Chamber of Commerce number: 82131406

VAT identification number: NL.003648816.B79

If the activity of the entrepreneur is subject to a relevant licensing system: the

Information about the supervisory authority.

If the entrepreneur practices a regulated profession:

  • The professional association or organization to which he is affiliated;
  • The professional title, the place in the EU or the European Economic Area where it was awarded;
  • A reference to the professional rules that apply in the Netherlands and indications where and how these professional rules are accessible.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from 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 terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur 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 previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

Article 4– The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content 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 representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on 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.

 

 

 

Article 5 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  1. In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 6 – Obligations of the consumer during the reflection period

  1. 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 determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 7 – Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. The execution has started with the express prior consent of the consumer; and
  3. The consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  4. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  7. Products that are irrevocably mixed with other products after delivery by their nature;
  8. The execution has started with the express prior consent of the consumer; and
  9. The consumer has declared that he loses his right of withdrawal.

Article  9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can 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 dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. These are the result of statutory regulations or provisions; or
  6. The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.

Article 10 –Performance agreement and extra guarantee 

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
  3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .

Article 11 – Delivery and execution

  1. The entrepreneur 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 made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If 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 placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

 

 

 

 

Article 12– Payment

  1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  4. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 13– Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

 

Article 14– Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

 

Article 15 – Brand name and portrait right 

  1. If a company and/or organization proceeds to the publication of images of Daily vitamins without consultation or agreement, the company agrees to the possibility that the company and/or organization concerned will receive an invoice for the period that they use the portrait right. from Daily vitamins.
  2. Daily vitamins reserves the exclusive right to sell its products and/or services under this brand name. If a company has not taken out a license with Daily vitamins, but does use the brand name, Daily vitamins will pay the relevant company €3000,- ex. Charge VAT until the company in question stops illegally selling (products) under the brand name of Daily vitamins.

Article 16 – Retailers

  1. When purchasing products by retailers and including the products of Daily vitamins as a point of sale, the retailer agrees that Daily vitamins, Dailyvitamins.nl are not liable for any damage that may be caused during or when using Daily vitamins products.
  2. Retailers may not discount Daily vitamins products without written approval.