Terms of service
Terms of Service Agreement
Universal Nutrition Retail BV
Plaza 12, 4782 SK Registered and located in Moerdijk, hereinafter referred to as "user"
Article 1. Definitions
In these general terms and conditions, the following terms are understood to mean: user: the user of the general terms and conditions; consumer: a counterparty who is a natural person and does not act in the course of a business or profession; consumer purchase: the purchase relating to a movable property, concluded by a seller acting in the course of a profession or business, and a buyer, a natural person, who does not act in the course of a profession or business.
Article 2. Applicability of these terms and conditions
These terms and conditions apply to every offer and every agreement between the user and a consumer to which the user has declared these terms and conditions applicable, insofar as the parties have not expressly and in writing deviated from these terms and conditions.
The present terms and conditions also apply to agreements with the user, for the execution of which third parties must be involved.
Article 3. Delivery
The consumer is obliged to take delivery of the purchased goods at the time they are delivered to him or at the time they are made available to him according to the agreement.
If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items will be stored at the consumer's risk. In that case, the consumer will owe all additional costs, including at least shipping and packaging costs. If the consumer is not at home at the time of a cash-on-delivery delivery, the delivery will be kept at the post office after written notification from the Postal Shipping Organization until it is picked up by the consumer. If the user receives the package back because the consumer has not picked it up, the shipping and packaging costs will be charged to the consumer.
Article 4. Delivery time
The delivery times stated by the user are approximate and are not fatal deadlines, but the final delivery time, barring force majeure, will never exceed two weeks.
In case of non-timely delivery, the consumer must notify the user in writing and give the user a reasonable period to fulfill their obligations.
Article 5. Warranty
The user is only obliged to provide the warranty offered by the respective importer of the goods.
Article 6. Retention of title
The user remains the full owner of a sold item until the purchase price has been paid in full.
Article 7. Defects; complaint periods
The consumer must inspect the purchased goods upon delivery - or as soon thereafter as possible. In doing so, the consumer must verify whether the delivered item complies with the agreement, namely: - whether the correct item has been delivered; - whether the delivered item meets the requirements that may be set for normal use.
If a visible defect or deficiency is found, the consumer must report this to the user within 14 days of delivery.
The consumer must report a non-visible defect in writing to the user within 14 days after delivery at the latest.
Article 8. Payment
Unless otherwise agreed, payment must be made net cash.
After the expiration of 15 days from the invoice date, the consumer is in default by operation of law; from the moment of default, the consumer owes interest on the due amount at a rate of 1% per month unless the statutory interest rate is higher, in which case the statutory interest rate applies.
In the case of payment through an automatic debit authorization, the consumer's payment obligation to the user remains in effect until the payment has been made in full, even if it turns out that payment through the automatic debit authorization cannot take place. In the event of a chargeback of the payment, an administration fee of EUR 15.00 will be charged in any case.
In the event that the user must default the consumer for non-compliance with the payment obligation, the user is entitled to charge an amount of EUR 15.00 as reminder costs.
Article 9. Collection Costs
If the consumer is in default or in breach of one or more of their obligations, all judicial and extrajudicial costs incurred in obtaining satisfaction are borne by the consumer. In any case, in the event of a monetary claim, the consumer is liable for 15% of the value of the claim.
Article 10. Liability
The user's liability is limited to either redelivery of the relevant item or a refund of the purchase price.
Article 11. Force Majeure
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseeable or unforeseen, which the user cannot influence, but which prevent the user from fulfilling their obligations, including strikes at the user's premises.
The user is also entitled to invoke force majeure if the circumstance preventing (further) performance occurs after the user should have fulfilled their obligation.
During force majeure, the delivery and other obligations of the user are suspended. If the period in which the user is unable to fulfill their obligations due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement without any obligation to pay damages.
If the user has already partially fulfilled their obligations at the time of the occurrence of force majeure, or can only partially fulfill their obligations, they are entitled to invoice the already delivered or deliverable part separately, and the consumer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 12. Dispute Resolution
The court in the user's place of residence has exclusive jurisdiction to hear disputes, unless the sub-district court has jurisdiction. Nevertheless, the user remains authorized to summon the consumer before the court that has jurisdiction according to the law or treaty.
Article 13. Applicable Law
Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.
Article 14. Amendment and Location of the Terms and Conditions
These terms and conditions have been filed at the office of the Chamber of Commerce in Rotterdam. The most recent filed version or the version applicable at the time of the conclusion of the present transaction shall always apply.