Terms of service

TERMS AND CONDITIONS

TABLE OF CONTENTS


Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Extended-duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions

ARTICLE 1 - DEFINITIONS


In these terms and conditions, the following definitions apply:

    1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read everything about the cooling-off period

    1. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the trader;

    1. Day: calendar day;

    1. Extended-duration transaction: a distance agreement relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;

    1. Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

    1. Right of withdrawal: the option for the consumer to waive the distance agreement within the cooling-off period;

    1. Model form: the model withdrawal form made available by the trader, which a consumer can complete when he wishes to exercise his right of withdrawal.

    1. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

    1. Distance agreement: an agreement whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

    1. Technique for distance communication: means that can be used to conclude an agreement without the consumer and trader being in the same room at the same time.

    1. Terms and Conditions: the present Terms and Conditions of the trader.


ARTICLE 2 - IDENTITY OF THE TRADER


Supplement Trading

T
E info@supplementtrading.com
KVK 84213485
VAT number NL003933595B02

ARTICLE 3 - APPLICABILITY



    1. These terms and conditions apply to every offer of the trader and to every distance agreement and order concluded between the trader and the consumer.

    1. Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

    1. If the distance agreement is concluded electronically, then contrary to the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

    1. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to him.

    1. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall immediately be replaced by mutual agreement with a provision that approximates the purport of the original as closely as possible.

    1. Situations not covered by these terms and conditions must be assessed "in the spirit" of these terms and conditions.

    1. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these terms and conditions.


ARTICLE 4 - THE OFFER



    1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.

    1. The offer is without obligation. The trader is entitled to change and adjust the offer.

    1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

    1. All images and specification details in the offer are indicative and cannot give rise to compensation or rescission of the agreement.

    1. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

    1. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

        • the price including taxes;

        • any shipping costs;

        • the manner in which the agreement will be concluded and which actions are required for this;

        • whether or not the right of withdrawal applies;

        • the method of payment, delivery and performance of the agreement;

        • the period for accepting the offer, or the period within which the trader guarantees the price;

        • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

        • whether the agreement is archived after conclusion, and if so, how the consumer can consult it;

        • the way in which the consumer, before concluding the agreement, can check and if desired correct the data he has provided in the context of the agreement;

        • any other languages in which, in addition to Dutch, the agreement can be concluded;

        • the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and

        • the minimum duration of the distance agreement in the case of an extended-duration transaction.




ARTICLE 5 - THE AGREEMENT



    1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.

    1. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the agreement.

    1. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.

    1. The trader may - within the limits of the law - inform himself as to whether the consumer is able to meet his payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

    1. The trader shall send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

        • the visiting address of the trader's establishment where the consumer can submit complaints;

        • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

        • the information about warranties and existing after-sales service;

        • the details included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided these details to the consumer before the performance of the agreement;

        • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.



    1. In the case of an extended-duration transaction, the provision in the previous paragraph applies only to the first delivery.

    1. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.


ARTICLE 6 - RIGHT OF WITHDRAWAL


For the delivery of products:

    1. When purchasing products, the consumer has the option to rescind the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.

    1. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the trader with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

    1. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 14 days of receipt of the product. The consumer must give notice by means of the model form or by another means of communication such as email. After the consumer has given notice that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

    1. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not given notice that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.


For the delivery of services:

    1. For the delivery of services, the consumer has the option to rescind the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is entered into.

    1. In order to exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.


ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL



    1. If the consumer exercises his right of withdrawal, he shall bear at most the cost of returning the goods.

    1. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.

    1. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.

    1. The consumer cannot be held liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.


ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL



    1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.

    1. Exclusion of the right of withdrawal is only possible for products:

        • that have been made by the trader in accordance with the consumer's specifications;

        • that are clearly personal in nature;

        • that by their nature cannot be returned;

        • that can spoil or age quickly;

        • whose price is subject to fluctuations in the financial market over which the trader has no influence;

        • for individual newspapers and magazines;

        • for audio and video recordings and computer software whose seal has been broken by the consumer;

        • for hygiene products whose seal has been broken by the consumer.



    1. Exclusion of the right of withdrawal is only possible for services:

        • concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

        • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

        • concerning betting and lotteries.




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 resulting from changes in VAT rates.

    1. Contrary to the previous paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices are stated with the offer.

    1. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

    1. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

        • they result from statutory regulations or provisions; or

        • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.



    1. The prices stated in the offer of products or services include VAT.

    1. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.


ARTICLE 10 - CONFORMITY AND WARRANTY



    1. The trader guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

    1. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.

    1. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in their original packaging and in as-new condition.

    1. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

    1. The warranty does not apply if:

        • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

        • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or on the packaging;

        • the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.




ARTICLE 11 - DELIVERY AND PERFORMANCE



    1. The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

    1. The place of delivery is the address that the consumer has made known to the company.

    1. With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement free of charge. The consumer is not entitled to compensation.

    1. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.

    1. In the event of rescission in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.

    1. If delivery of an ordered product proves to be impossible, the trader shall make every effort to make a replacement item available. It will be stated clearly and comprehensibly no later than upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the trader.

    1. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.


ARTICLE 12 - EXTENDED-DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL


Termination

    1. The consumer may at any time terminate an agreement entered into for an indefinite period that extends to the regular delivery of products (including electricity)  or services, with due observance of the agreed termination rules and a notice period of no more than one month.

    1. The consumer may at any time terminate an agreement entered into for a fixed period that extends to the regular delivery of products (including electricity)  or services with effect from the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.

    1. The consumer may, with regard to the agreements referred to in the previous paragraphs:

        • terminate them at any time and not be restricted to termination at a specific time or during a specific period;

        • terminate them at least in the same manner as they were entered into by him;

        • always terminate them with the same notice period as the trader has stipulated for himself.




Renewal

    1. An agreement entered into for a fixed  period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

    1. Contrary to the previous paragraph, an agreement entered into for a fixed  period  that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.

    1. An agreement entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months where the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

    1. An agreement of limited duration for the regular trial delivery of daily, news and 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

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


ARTICLE 13 - PAYMENT



    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

    1. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.

    1. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.


ARTICLE 14 - COMPLAINTS PROCEDURE



    1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

    1. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.

    1. Complaints submitted to the trader will 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 reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

    1. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

 

    1. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

    1. If a complaint is found to be justified by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.


ARTICLE 15 - DISPUTES



    1. Dutch law applies exclusively to agreements between the trader and the consumer to which these terms and conditions relate. This also applies if the consumer is resident abroad.

    1. The Vienna Sales Convention does not apply.


ARTICLE 16 - ADDITIONAL OR DIFFERING PROVISIONS


Additional provisions or provisions differing from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.