TERMS AND CONDITIONS
GENERAL SALE / DELIVERY CONDITIONS
General conditions for sale / delivery of products from
House of Nutrition in Soest, under number 65779231
The text below applies from 1 January 2018
Table of contents
Agreements for the sale and delivery of products
Article 1. Applicability and definitions
Article 2. Offer / quotation
Article 3. Establishment and content of the agreement
Article 4. Prices
Article 5. Delivery time and Delivery
Article 6. Transport / risk
Article 7. Retention of title
Article 8. Protection of (personal) data
Article 9. Compliance with the agreement
Article 10. Right of withdrawal
Article 11. Complaints
Article 12. Force majeure
Article 13. Liability
Article 14. Intellectual property rights
Article 15. Payment
Article 16. Default; interest and costs
Article 17. Termination of the agreement
Article 18. Cancellation by the Customer
Article 19. Confidential Information
Article 20. Changes to the agreement; Handover
Article 21. The Loan Refrigerator
Article 22. Disputes / applicable law
Article 23. Validity
GENERAL SALES / DELIVERY CONDITIONS
Agreements for the sale and delivery of Products
Article 1 Applicability and definitions
In these conditions the following terms have the following meanings:
- Conditions: the present conditions;
- Supplier: House of Nutrition in Soest;
- Customer: any natural person, legal person, general partnership, limited partnership or other (legal) entity that concludes or has concluded a (purchase) agreement with House of Nutrition, or to whom an offer or quotation is made by or on behalf of House of Nutrition or has been made or addressed, or to whom or on behalf of, by or on behalf of House of Nutrition a delivery is or has been made, or on behalf of or for whom one or more services are or have been performed by or on behalf of House of Nutrition, acting in the exercise of a profession or a business;
- Product (s): All products offered by the House of Nutrition
- All offers made by or on behalf of House of Nutrition, quotations made, agreements concluded and the implementation thereof, including all (legal) acts performed in this context, as well as deliveries and services performed with regard to the Product, are governed by these Terms and Conditions. . Deviations from these Conditions are only valid if agreed in writing by House of Nutrition and the Customer. The Conditions apply to every contact between House of Nutrition and the Customer, regardless of which means of communication is used.
- The applicability of general terms and conditions other than these Terms and Conditions is expressly excluded, however such other general terms and conditions may be called and in whatever form. This also includes purchase conditions and other general terms and conditions of the Customer that may be used by him. The applicability of such other general terms and conditions is explicitly rejected by House of Nutrition. By accepting an offer or quotation made by or on behalf of House of Nutrition, by entering into an agreement with House of Nutrition, by accepting a delivery made by or on behalf of House of Nutrition, or by accepting by or on behalf of House of Nutrition, the Customer unconditionally accepts that these Terms and Conditions apply and that the applicability of other general terms and conditions as referred to in this Article is excluded, and the Customer waives the applicability of other general terms and conditions to the extent relevant.
- Deviating clauses only apply if House of Nutrition and the Customer have agreed on these in writing and then only for the agreement in which the aforementioned clauses have been agreed; otherwise these Terms and Conditions remain in effect.
Article 2 Offer / quotation
- Any offer or quotation made by or on behalf of House of Nutrition, in whatever form, is without obligation and is not binding on House of Nutrition, except if and insofar as House of Nutrition has stated otherwise in writing or the parties have agreed otherwise in writing.
- An acceptance by the Customer of an offer or quotation made by or on behalf of House of Nutrition, which deviates from this offer or quotation, is considered a rejection of the offer or quotation and as a new offer that does not bind House of Nutrition. Contrary to Article 6: 225 paragraph 2 of the Dutch Civil Code, this also applies if the acceptance deviates from the offer of House of Nutrition only on minor points.
Article 3 Conclusion and content of the agreement
- An agreement with House of Nutrition is only concluded after House of Nutrition has accepted an order or assignment in writing or confirmed by telephone. The written acceptance or the order confirmation from the House of Nutrition is deemed to have correctly and completely reflected the agreement.
- When the Customer accepts the offer / quotation, places an order or wishes to conclude an agreement using technological means, the House of Nutrition will confirm electronically the receipt of the acceptance of the offer / quotation as soon as possible, the receipt of the order or the formation of the agreement. Non-compliance with this obligation does not, however, prevent the conclusion of the agreement.
- The previous paragraph never applies to agreements that are concluded exclusively by e-mail or comparable individual communication.
- An agreement only binds House of Nutrition when it has been entered into or when the written confirmation as referred to in paragraph 1 has been signed by one or more persons who are entitled to bind House of Nutrition in this respect.
- Unless expressly agreed otherwise, House of Nutrition is not obliged to provide the information referred to in Article 10 of the European Directive on electronic commerce (Directive 2000/31 / EC, Publ. EC L 178 of 17.7.2000, p. 1) before the Customer places his order or order. In any case, this obligation to provide information never applies to the agreement that is concluded exclusively by exchange via e-mail or comparable individual communication.
- House of Nutrition is not obliged to provide suitable, effective and accessible means with which the Customer can detect and correct input errors before placing his assignment or order. In any case, this obligation never applies to an agreement that is concluded exclusively by e-mail or comparable individual communication.
- Any change and / or partial cancellation or complete cancellation of an assignment or order, by or at the request of the Customer, can only take place with the prior written permission of House of Nutrition and on condition that the work already performed by House of Nutrition be reimbursed by the Customer.
Article 4 Prices
- Each quotation is without obligation, unless the contrary has been agreed in writing.
- Unless explicitly agreed otherwise, the prices of House of Nutrition are: based on ex-warehouse company site House of Nutrition; -excluding costs of transport and / or shipping costs and including standard packaging; -excluding the costs of transport / shipping insurance, as well as other costs associated with the insurance of the transport / shipping;
Article 5 Delivery time and Delivery
- Unless the parties explicitly agree otherwise in writing, deliveries will be made ex warehouse at the House of Nutrition site. Time of delivery is the time of delivery ex-warehouse at the House of Nutrition site.
- The Buyer is obliged to check the delivered goods immediately upon actual delivery for any shortages or damage. Any shortages or damage to the delivered goods must be stated by the Customer on the delivery note, the invoice and / or the transport documents, as well as report this to the House of Nutrition within 2 working days, failing which the Product will be deemed to be the Customer in good order, complete and without damage or damage.
- Unless and insofar as otherwise agreed in writing, delivery periods stated by or on behalf of House of Nutrition in the offer, quotation, order confirmation or agreement do not purport to be fatal.
- House of Nutrition is obliged to observe the specified delivery time or delivery period as much as possible, but will never be liable for any exceeding thereof, and if this is exceeded, House of Nutrition is not obliged to pay any compensation for damage, except for its intent or gross negligence. .
- If the Product is not purchased by the Customer within the delivery time or delivery period, or if the Customer does not observe an agreed call-off period, House of Nutrition is entitled to invoice the Customer in question, and House of Nutrition is also entitled to use these Products to be stored or have stored at its own discretion but entirely at the expense and risk of the Buyer. The Buyer is therefore entitled to charge storage costs and any further damage and costs to the Buyer. In the event of non-purchase or non-demand by the Customer within the applicable term, House of Nutrition will optionally be able to demand compliance by the Customer or dissolve the agreement, without prejudice to House of Nutrition's right, in both cases, to claim compensation. to claim.
Article 6 Transport / risk
- The risk with regard to the Product sold by or in the name of House of Nutrition and / or to be delivered to the Customer, transfers to the Customer from the moment of delivery ex House of Nutrition's warehouse, even if the transport documents show otherwise. , unless the parties have agreed otherwise in writing.
- From the moment that the Product is at the risk of the Customer, in particular all direct and indirect damage and / or costs that may arise to and / or through this Product, will be for the account of the Customer.
- If no further written instructions have been provided to House of Nutrition by the Customer, the method of packaging, transport, shipping, etc. of the Product will be made by House of Nutrition entirely at its own discretion and with the care that can reasonably be expected from House of Nutrition determined. In principle, the transport or shipment of the Product takes place uninsured, so that - as stated in paragraph 2 sub e of Article 4 of these Conditions - the prices of House of Nutrition are exclusive of the costs of the insurance for the shipment / transport, etc. . The customer must provide proper insurance and will be charged for the costs of the transport.
- All goods are - in accordance with Article 4 paragraph 2 under d of these Conditions - transported at the expense of the buyer, unless the freight costs are included in the price.
- If the House of Nutrition, at the explicit request of the Customer, decides to deliver the ordered Products to the address of the private Customer of the Customer, the delivery will take place on the ground floor at a place accessible for the means of transport and the House of Nutrition will also in the event that freight costs have already been included in the price, calculate a special fee for the provision of this service to the Customer, which is at least equal to a market-based transport fee. If the House of Nutrition undertakes to assemble and adjust the Products at the delivery location, the associated costs will be charged separately.
Article 7 Retention of title
- The Customer will only become owner of the Product delivered or to be delivered by House of Nutrition under a suspensive condition. House of Nutrition remains the owner of the Product delivered or to be delivered as long as the Customer has not (fully) paid the claims of House of Nutrition with regard to the consideration of the agreement or a similar agreement. House of Nutrition also remains the owner of the Product delivered or to be delivered as long as the Customer has not (fully) paid claims due to failure to comply with such agreements, including claims with regard to penalties, compensation, interest and costs.
- The Buyer is not authorized for the said transfer of ownership to sell, deliver or otherwise dispose of the delivered Products - other than in accordance with its normal business and the normal destination of the Products. As long as he has not paid the above claims, the Customer is not entitled to establish a mortgage, pledge or non-possessory pledge on the Product delivered by House of Nutrition. The Customer undertakes to declare to third parties who wish to establish such a right thereon at House of Nutrition's first request that he is not authorized to establish a right referred to in this provision.
- In the event that the Customer fails to comply with any obligation under the agreement with regard to the Product sold or activities to be carried out towards House of Nutrition, in the event of an application for suspension of payments, bankruptcy, a receivership, death or liquidation of the Customer's affairs, House of Nutrition is entitled to take back the Product, both the originally delivered and any newly formed items. The Customer authorizes House of Nutrition to enter the place where these items are located.
- The Buyer is obliged: to insure the delivered but not (yet) paid Product in accordance with good commercial practice; to transfer / assign all rights of action that he may have with regard to the Product delivered by House of Nutrition vis-à-vis third parties (buyers) to House of Nutrition upon first request; to inform third parties (buyers) that the goods have been delivered by House of Nutrition under retention of title if the Customer has not yet paid for them.
- At the moment that the Buyer has fulfilled all its payment obligations under this and similar agreements, House of Nutrition provides the Customer with ownership of the delivered Product, subject to the right of pledge of House of Nutrition for other claims that House of Nutrition has on the Customer . At House of Nutrition's first request, the Customer will cooperate in (legal) acts required in that context.
Article 8 Protection of (personal) data
- The Customer gives his unambiguous consent to the House of Nutrition to process his (personal) data in the files of the House of Nutrition, which are required for his administrative and management tasks. These files are only accessible to the House of Nutrition and are not provided to third parties, unless the House of Nutrition does so
- The consent referred to in the previous paragraph also applies to the processing of data in connection with the establishment or maintenance of a direct relationship between the House of Nutrition or a third party and the Customer with a view to recruitment for commercial purposes (“Direct Marketing”. ). The Customer may, however, at any time withdraw this consent free of charge or file an objection against it with House of Nutrition free of charge. In that case, the House of Nutrition will take measures to end this form of processing.
- Personal data are processed in accordance with the Personal Data Protection Act (“Wbp”) and in a proper and careful manner. They are not further processed in a way that is incompatible with the purposes for which they were obtained. The House of Nutrition implements appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.
- The purpose of the processing of the personal data is for the House of Nutrition to be able to perform the agreement to which the Customer is a party, as well as to be able to perform the activities referred to in the previous paragraph. The personal data that are processed are all data provided by the Customer and relevant for the purposes referred to in the previous paragraph.
Article 9 Compliance with the agreement
- House of Nutrition 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 existing on the date of the conclusion of the agreement and / or government regulations. If agreed, House of Nutrition also guarantees that the product is suitable for other than normal use.
- Improper handling of or insufficient care for the delivered Products precludes any complaint and lapses other guarantees, if and insofar as the complaint is related to that improper treatment or insufficient care.
- Guarantee for Products purchased elsewhere by House of Nutrition is only given if and insofar as the original manufacturer (s) provides (provide) them. If the manufacturer of the Products gives a further guarantee to the House of Nutrition, this guarantee also applies to the Customer.
- Defects in the delivered Product that fall under the obligation to fulfill will, at the sole discretion of House of Nutrition, either be repaired or replaced by a new delivery if, in the opinion of House of Nutrition and / or the manufacturer, the defects are due to manufacturing defects. or errors in or shortcomings in the materials used which make the Product unusable for the Customer for the purpose for which it can reasonably be considered to be intended.
- If it appears that the Product offered to House of Nutrition for repair or repair does not show any defects, all costs incurred will be borne by the Customer.
- All compliance claims lapse if the Customer: has carried out (has) made changes to and / or repairs to the delivered goods or has carried out or has had them carried out by third parties not engaged by House of Nutrition; or, the delivered goods are not or have not been used accurately or have not been treated in accordance with the supplied or applicable (factory) instructions; or, the instructions for use are or have been used improperly; or, the delivered goods are or have been used or applied for purposes other than those for which they are intended; or, the delivered goods are or have been used in a way which could not reasonably have been expected for House of Nutrition.
- Any (additional) costs for the House of Nutrition arising from circumstances that have led to the expiry of the guarantee will be passed on to the Customer.
- If House of Nutrition replaces parts / products in order to comply with its compliance obligations, the replaced parts / products will (again) become the property of House of Nutrition.
- House of Nutrition is not obliged to repair defects in Products delivered by it, if paragraph 6 of this article applies.
- Repairs, to which the House of Nutrition is not obliged, will only be carried out at the expense of the Customer, after the latter has agreed in writing to the repair costs. The Products offered for repair must be delivered carriage paid to House of Nutrition and will not be returned carriage paid to the Customer.
- Non-compliance by the Customer with one or more of its essential obligations arising from any agreement concluded with House of Nutrition releases House of Nutrition from its compliance obligations.
- Compliance with the obligation to perform is the only and full compensation.
Article 10 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and 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 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, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days after this notification. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
When providing services:"
- When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 11 Complaints
- Complaints are understood to mean all grievances related to the performance of the agreement. Complaints due to the quality of the delivered Products can only be dealt with if they have been received in writing by House of Nutrition within eight (8) days after the actual delivery. If submission is not reasonably possible within this period, the period of eight (8) days will apply from the moment at which the defect was or could have been discovered.
- Complaints can only be handled if the nature and grounds of the complaints are stated as accurately as possible.
- Products can only be returned by the Customer after House of Nutrition has agreed to this in writing. The costs arising from return shipments without such written approval are for the account of the Customer.
- The provisions of paragraph 1 of this Article are without prejudice to the provisions regarding the shorter period of Article 5.
- Complaints regarding an invoice must be submitted in writing to House of Nutrition within eight (8) days after the date of that invoice.
- If a complaint is not made within the applicable period or not in the prescribed manner, the delivered goods will be deemed to fully comply with the agreement and to be unconditionally accepted and approved by the Customer; an invoice in respect of which a complaint has not been made in the prescribed manner within the period of eight (8) days referred to in paragraph 4 of Article 10 of these Terms and Conditions will be deemed to have been unconditionally accepted and approved by the Customer.
- If a complaint regarding the delivered by House of Nutrition is found to be well-founded, House of Nutrition is only obliged to replace or repair the relevant defective Product, without the Customer being able to assert any right to any compensation whatsoever. If no solution is found between both parties, the consumer can turn to Stichting WebwinkelKeur. he will then mediate. From February 15, 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. If your complaint is not yet being dealt with elsewhere, you are free to deposit your complaint via the European Union platform.
- From February 15, 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the European Union platform.
- Submitting a complaint never releases the Customer from its payment obligations towards House of Nutrition.
- Return of the delivered goods or any part thereof, for whatever reason, can only take place carriage paid to House of Nutrition, after prior express written permission and shipping instructions from House of Nutrition.
Article 12 Force majeure
- If House of Nutrition is prevented from fulfilling any obligation towards the Customer due to force majeure, and the force majeure situation is of a permanent or long-term nature in House of Nutrition's reasonable opinion, the parties can make an arrangement regarding the dissolution of the agreement in accordance with the law and the associated consequences.
- If House of Nutrition is prevented from fulfilling any obligation towards the Customer due to force majeure, and the force majeure situation is of a temporary or transient nature in the reasonable opinion of House of Nutrition, House of Nutrition is entitled to suspend the execution of the agreement for as long as possible. until the circumstance, cause or event causing the force majeure situation no longer occurs.
- As 'force majeure' is considered any circumstance, cause or event, wherever occurring, occurring or occurring, that temporarily or permanently prevents, makes impossible or unreasonably objectionable the correct, complete and timely fulfillment of any obligation of House of Nutrition, and which circumstance, cause or event House of Nutrition cannot reasonably prevent or which is wholly or partly beyond the control of House of Nutrition or on which House of Nutrition can exert no influence. The consequences of any circumstance, cause or event as referred to in this paragraph are also considered "force majeure".
- If House of Nutrition is prevented from fulfilling its obligations towards one or more of its Customers as a result of force majeure, but not the obligations towards all Customers, House of Nutrition is entitled to decide at its own discretion which of the obligations and towards which Customers he will comply, as well as the order in which this will be done.
- House of Nutrition is entitled to claim payment for everything that has already been performed by or on behalf of House of Nutrition in the execution of the agreement with the Customer before the circumstance, cause or event resulting in force majeure occurred or appeared.
Article 13 Liability
- Except if and insofar as otherwise ensue from provisions of mandatory law regarding (product) liability, House of Nutrition is not obliged to pay any compensation for damage, of whatever nature, to any movable or immovable property or to any (legal) person, including loss of profits, at the Customer or any third party, including but not limited to the first user, which damage is directly or indirectly caused by or related to any Product supplied by or on behalf of House of Nutrition or directly or indirectly is caused by or in connection with any use or application of such Product.
- The Customer expressly indemnifies House of Nutrition against claims and claims based on or related to any such damage.
- With due observance of the provisions elsewhere in this Article, House of Nutrition is in any case not liable for damage or loss directly or indirectly caused by: improper use of the Product or use thereof for a purpose other than that for which it is reasonably considered suitable than for a purpose other than for which it is suitable according to objective standards or for a purpose other than that which House of Nutrition could reasonably assume would be used; the inaccuracy and incompleteness of the documentation accompanying the Product, including but not limited to , the user instructions, if this documentation originates from third parties; damage and / or defects caused by non-strict compliance with the installation, use or operating instructions as well as the consequences of such non-strict compliance; careless behavior of the Customer, of the personnel of the Customer or other persons engaged by him, or any other person aa n the side of the Customer with regard to the Product; damage and / or defects caused by normal wear and tear; damage and / or defects that are the result of changes and / or repairs to the Product not made by or on behalf of House of Nutrition; damage and / or defects caused by the use of the Product without the necessary environmental conditions being met.
- A condition for the creation of any right to compensation is always that the Customer must notify the House in writing of the damage within 48 hours after it has arisen, or immediately after the Customer is aware of the damage or should be deemed to be aware of the damage. of Nutrition.
- Except in the case of intent or gross negligence on the part of House of Nutrition, House of Nutrition is not liable for any damage as referred to in paragraph 1 of this Article, which is caused by or is the result of any by or on behalf of House of Nutrition service provided, including advice in connection with the purchase of a Product.
- With regard to advice provided, House of Nutrition is only liable for normally foreseeable and avoidable shortcomings therein, on the understanding that this liability will never exceed the amount of the compensation stipulated and received for the relevant services.
- Any liability of House of Nutrition is at all times limited to directly caused damage and is at all times limited to the amount that is reimbursed in the relevant case by the liability insurer of House of Nutrition;
- Without prejudice to the other provisions of this Article, any claim for compensation will lapse after one year after the damage has manifested itself or has been discovered or recognized or could reasonably have been discovered or recognized, and in any case after the lapse of three years. delivery.
- With regard to Products that House of Nutrition has purchased from a third party, the (contract and / or guarantee) provisions applicable to the transaction in question will also apply to the Customer, if and insofar as House of Nutrition relies on them.
Article 14 Intellectual property rights
- All intellectual or industrial property rights to the Product, as defined in Article 1 of these Conditions, and the accompanying materials such as analyzes, reports, designs, advice, sketches, drawings, documentation, user manuals, as well as preparatory material thereof, rest with the House of Nutrition and will remain expressly with him. This also applies with regard to a Product developed or made available pursuant to an agreement (of order).
- The Customer is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the Product. The Customer guarantees that he will not do or omit anything that infringes the intellectual property rights of House of Nutrition, invalidates these rights and / or endangers the ownership of these intellectual property rights.
- In the unlikely event that a Product sold by House of Nutrition to the Customer in the Netherlands infringes a right of industrial or intellectual property of a third party, and the Customer is addressed in this regard, the Customer is obliged to immediately notify House of Nutrition in writing. to bring up to date. House of Nutrition will then, at its own discretion, either grant the right to use that Product, or change the Product in such a way that it no longer infringes, or supply a replacement Product that does not infringe, or the Customer, after receiving the Product has been received back, refund the purchase price after deduction of a reasonable fee for the period that the Customer has had the Product available. With regard to infringement of an industrial or intellectual property right outside the Netherlands, the Customer will not be able to assert any claim against House of Nutrition and will not have any claim.
- House of Nutrition can in no way be held liable for infringement of any right of industrial or intellectual property or any other exclusive right, which is the result of any change in or to a product sold or delivered by or on behalf of House of Nutrition Product or of any use of such a Product or any application of such a Product that is different from what House of Nutrition has prescribed or from which House of Nutrition has assumed.
Article 15 Payment
- In accordance with Article 3, House of Nutrition is entitled to demand advance payment of the amounts or fees due, unless otherwise agreed in writing.
- House of Nutrition ensures timely invoicing. In accordance with Article 5 paragraph 3
- Unless otherwise agreed in writing, payment of the agreed price, net cash, or by deposit or transfer to a bank or giro account designated by House of Nutrition, must be made in full within the period stated on the invoice and in accordance with the manner stated on this invoice. If no term is stated on the invoice, a payment term of 8 days will apply after the invoice date. House of Nutrition is entitled to grant a credit limitation surcharge or payment discount, which is communicated in writing in advance. The value day on the bank and giro statements of House of Nutrition on which a payment is received, counts as the day on which the payment is made.
- Each payment by the Customer primarily serves to settle the interest owed by him and the collection costs and administration costs owed to House of Nutrition, and then to settle the outstanding claims in order of age, therefore starting with the oldest outstanding claim.
- The right of the Customer to set off is excluded.
Article 16 Default; interest and costs
- If the Customer has not paid within the applicable payment term, House of Nutrition will send a reminder with a further payment term. If no payment has been made within this further term, the Customer will be in default by the mere expiry of the latter term within which payment or fulfillment of another obligation should have been made, without any further reminder, summons or default. theorem will be required.
- If payment owed by the Customer to House of Nutrition is not made on time, the Customer will automatically owe House of Nutrition default interest of one and a half percent (1½ %) per month, without prejudice to the other rights accruing to House of Nutrition at that time; for the calculation of this default interest, an already started but not completed month will count for a whole month. The stated interest for late payment of 1½% per month is a minimum interest, and in the event that this interest calculated on an annual basis at any time should be less than 5% higher than the official statutory interest applicable in the Netherlands, this interest for late payment will be increased automatically such that it is calculated 5% higher than the legal interest.
- All judicial and extrajudicial costs to be incurred, including the costs of costs to be incurred by House of Nutrition for legal assistance and legal advice, will be borne by the Customer in the cases covered in this Article. The extrajudicial collection costs amount to 15% of the amount owed by the Customer, with a minimum of € 40, including the interest owed thereon, without prejudice to House of Nutrition's right to claim compensation from the Customer for the collection costs actually incurred if these could exceed the aforementioned 15%.
Article 17 Termination of the agreement
- In the event of default of the Customer, House of Nutrition will be entitled to terminate or dissolve the agreement without judicial intervention, without prejudice to the right of House of Nutrition to claim compensation, to make use of the rights arising from retention of title. , and to take other (legal) measures. The authority of House of Nutrition in the previous sentence applies without prejudice to the right of House of Nutrition to demand compliance (with or without compensation) instead of canceling or dissolving the agreement.
- House of Nutrition will be able to terminate or dissolve the agreement with the Customer with immediate effect if: the Customer is declared bankrupt, assigns an estate, submits a request for suspension of payments, or the Customer (provisional or final) suspension of payment is granted or all or part of the assets of the Customer are seized; the Customer, if this is a natural person, dies or is placed under guardianship or goods of the Customer are placed under administration; if the Customer is a legal person liquidation of the Customer is commenced, or a claim for dissolution of the Customer is instituted or a dissolution decision is or has been taken with regard to the Customer.
- If an agreement is terminated or dissolved in accordance with the provisions of this Article, the amounts that the Customer owes House of Nutrition at the time of cancellation or dissolution will continue to be owed in full and the Customer will pay the interest and costs are due according to the provisions of these Conditions, without prejudice to the right of House of Nutrition to claim compensation and the other rights accruing to House of Nutrition.
Article 18 Cancellation by the Customer
The Customer has the right to cancel the order or the agreement in the following cases:
- If, after the delivery time has been exceeded, the House of Nutrition again exceeds a new reasonable delivery time agreed by the parties and without justification, provided that the Customer has stated in writing in advance of the agreed new delivery time that it will refuse purchase in the event of further exceeding;
- If the House of Nutrition is unable to fulfill its delivery obligation within a reasonable period and has made this known to the Customer.
Article 19 Confidential information
Each party will take all reasonable precautions to keep confidential information received from the other party secret.
Article 20 Changes to the agreement; Handover
- Changes to an agreement are only valid if they have been made in written form and both parties have agreed to the change (s).
- Transfer of the rights and obligations under an agreement to a third party is only possible with the consent of the other party.
- House of Nutrition is authorized to make changes to these Conditions. These changes take effect on the announced date of entry into force. If no effective date has been communicated, changes with regard to the Customer will take effect as soon as he has been notified of the change.
Article 21 The Leen Refrigerator
- A unique concept in which we make a Nutrend loan refrigerator available free of charge. This Nutrend refrigerator is refilled once every 2 weeks with our sports drinks by our own driver from the House of Nutrition team! Ask your account manager for the conditions.
- If House of Nutrition makes a Loan Refrigerator available to the Customer, it will be filled with products from House of Nutrition upon delivery. Unless the parties agree otherwise in writing.
- The customer must handle this loan refrigerator made available free of charge with care. If the Customer finds that this Loan Refrigerator has defects, it is obliged to inform the maintenance service of which House of Nutrition has received the telephone number from House of Nutrition upon delivery of this Loan Refrigerator about this defect and to allow them to use the Loan Refrigerator. to visit and rectify the defect if possible.
- The Leen Refrigerator remains the property of House of Nutrition at all times. If the Customer does not fulfill one of its obligations under the agreement with House of Nutrition, or if there is a situation as referred to in Article 16 paragraph 2, House of Nutrition is entitled to collect the Loan Refrigerator from the Customer again and the Customer must of Nutrition to do so.
- Upon termination of the Loan Refrigerator agreement, the refrigerator and the stock of drinks will be collected. The drink that is missing from the last delivery will be charged.
Article 22 Disputes / applicable law
- All offers, agreements, deliveries and services made or issued, entered into, performed or performed by or on behalf of the House of Nutrition are governed by Dutch law, with the exclusion of the applicability of the United Nations Convention on contracts for the international sale of goods ( Vienna Sales Convention).
- All disputes, including those which are regarded as such by one party only, which arise from or are related to an agreement to which these Terms and Conditions apply or the implementation thereof and which cannot be resolved amicably, will be settled by the District Court of the district where House of Nutrition is established as court of first instance, on the understanding that if a particular judge has been mandatorily appointed as a competent judge, the dispute will be settled by the judge thus designated as judge of first instance, a and other without prejudice to the right of House of Nutrition to impose seizure and to take or have other interim measures taken at that location (s) and before those courts where this House of Nutrition appears desirable.
- Contrary to the provisions of paragraph 2 of this Article, the parties may agree to settle disputes by means of arbitration or binding advice.
Article 23 Validity
In the event that any provision of these Terms and Conditions should be wholly or partially invalid and / or voidable and / or unenforceable as a result of any statutory regulation, court order, or any directive, decision, recommendation or measure of any local, regional , national or supranational authority or body, or otherwise, this will in no way affect the validity of all other provisions of these Terms. If a provision of these Conditions should not be valid for a reason as referred to in the previous sentence, but would be valid if it had a limited scope or purport, then this provision will automatically apply with the most far-reaching or most extensive limited scope or scope with which or in which it is valid.