Terms and conditions

Definitions

In these general terms and conditions, the following words shall have the following meanings, unless the context indicates otherwise:

Cooling-off period means the period within which a consumer can exercise his right of withdrawal.

Consumer means the natural person who is not acting for purposes related to his trade, business, craft or profession.

Day means calendar day.

Digital Content means data that is produced and delivered in digital form.

Durable Data Carrier means any tool – including e-mail – that enables a consumer or BioNutra Sciences to store information addressed to him personally in a manner that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.

Right of withdrawal means the possibility for a consumer to withdraw from the distance contract within the cooling-off period.

Distance contract means an agreement concluded between BioNutra Sciences and a consumer in the context of an organized system for the distance sale of products, digital content and/or services in which one or more techniques of distance communication are used exclusively or in part up to and including the conclusion of the agreement.

Withdrawal Form means the form included in the Appendix to these Terms and Conditions for a consumer to withdraw from the Distance Contract within the cooling-off period.

BioNutra Sciences means the company BioNutra Sciences B.V., with its registered office at Lupine 8, 5432 BT, in CUIJK and registered in the Trade Register of the Chamber of Commerce under number 94627908; and
Website means the website of BioNutra Sciences, being https://www.bionutrasciences.nl.

Applicability

1. These terms and conditions apply to any offer made by BioNutra Sciences and to any distance agreement concluded between BioNutra Sciences and a consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, BioNutra Sciences will indicate before the distance agreement is concluded, how the general terms and conditions can be accessed electronically and that they will be sent free of charge at the request of the consumer by electronic means or in another way.
3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second applies mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions. 

Offer

1. Obvious mistakes or obvious errors in the range of products, digital content and/or services are not binding on BioNutra Sciences .
2. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Agreement

1. The agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer by electronic means, BioNutra Sciences will immediately confirm receipt of the acceptance of the offer by electronic means.

Right of withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 working days without giving reasons.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, other than the carrier, has received the product, or:

• • •  if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him, other than the carrier, has received the last product. BioNutra Sciences may, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
    • 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, other than the carrier, has received the last shipment or the last part; or
    • in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer or a third party other than the carrier designated by him received the first product.

3. The consumer may terminate a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for a period of 14 days without giving reasons.
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Handling of the product during the cooling-off period

1.  During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish 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 shop.
2. The consumer is liable for any decrease in the value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

Exercising the right of withdrawal

1. If the consumer makes use of his right of withdrawal, he reports this to BioNutra Sciences within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) BioNutra Sciences. This is not necessary if BioNutra Sciences has offered to pick up the product itself. In any case, the consumer has observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the  instructions provided by BioNutra Sciences. Consumer / customer not opened the seal, if the seal is broken or opened, product can not be withdrawn by the customer.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the provision of the service starts during the cooling-off period, the consumer will owe an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the obligation.
7. You have the right to cancel your order without giving any reason within a period of 14 days.
8. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the complete order.
9. You can then return the order to us.
10. Products whose seal has been in same state as when the consumer received it or after delivery are entitled for withdrawal.

BioNutra Sciences’ Obligations in the Event of Withdrawal

1. If BioNutra Sciences enables the notification of withdrawal by the consumer electronically, it will immediately send an acknowledgement of receipt upon receipt of this notification.
2. BioNutra Sciences will reimburse all payments made by the consumer, including any delivery costs charged by BioNutra Sciences for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless BioNutra Sciences offers to collect the product itself, the consumer may withhold reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. BioNutra Sciences uses the same means of payment that the consumer 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, BioNutra Sciences does not have to reimburse the additional costs for the more expensive method.

Exclusion of the right of withdrawal

BioNutra Sciences excludes the following from the right of withdrawal:

• Service agreements, after full performance of the service, but only if
  (i) the performance has commenced with the consumer’s express prior consent, and (ii) the consumer has declared that he loses his right of withdrawal once BioNutra Sciences has fully performed the agreement.
• Seal of the products original packaging opened, the seal of which has been broken after delivery.

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 due to changes in VAT rates.
2. Contrary to the previous paragraph, BioNutra Sciences may offer products and/or services whose prices are bound by fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated 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 BioNutra Sciences has stipulated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices mentioned in the range of products and/or services include VAT.

Fulfilment of the agreement and extra guarantee

1. BioNutra Sciences guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. In any case, there is no claim to what is made under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to non-compliance or incorrect observance of the instructions for use or instructions for use.
3. An additional warranty provided by BioNutra Sciences’ supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against BioNutra Sciences on the basis of the agreement if BioNutra Sciences has failed to comply with its part of the agreement.
4. An additional warranty is understood to mean any undertaking by BioNutra Sciences, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.

Execution of the agreement and delivery

1. BioNutra Sciences will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to BioNutra Sciences.
3. The consumer must provide the correct address and e-mail address to BioNutra Sciences. Any changes to this must also be reported to BioNutra Sciences in a timely manner. If the consumer has provided a wrong address for the delivery, the additional shipping costs will be borne by the consumer.
4. Delivery will take place while stocks last.
5. Ownership of the products delivered passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
6. BioNutra Sciences will fulfill accepted orders within 2 to 3 working days within the Netherlands and Belgium, at the latest , unless a different delivery time has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
7. After dissolution in accordance with the previous paragraph, BioNutra Sciences will immediately refund the amount paid by the consumer.
8. The risk of damage and/or loss of products rests with BioNutra Sciences until the moment of delivery to the consumer or a representative appointed in advance and made known to BioNutra Sciences, unless expressly agreed otherwise.

Payment

1. Unless otherwise stipulated in the agreement, 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 a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to BioNutra Sciences without delay . Payment orders for giro and banking institutions are at the expense and risk of the person who gives the order (or authorization) to pay.

Accounts and registration

1. The consumer must create an account to purchase the product or otherwise register on the website. BioNutra Sciences reserves the right to refuse or withdraw an application for such registration, for example after irregularities have been detected.
2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this is done without his knowledge.
3. The consumer will immediately alert BioNutra Sciences if he suspects that his login details are known to a third party or that irregularities are otherwise occurring.
4. The consumer is not allowed to apply for or manage more than one account. The consumer is further not permitted to apply for or re-establish an account after BioNutra Sciences has refused the consumer’s application for an account or has closed an account of the consumer after registration.

Force majeure

BioNutra Sciences and the consumer are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not due to its fault, and is not for the account of the consumer by virtue of the law, a legal act or generally accepted practice.

Complaints procedure

1. BioNutra Sciences has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to BioNutra Sciences as soon as possible after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to BioNutra Sciences will be answered within a period of 14 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, BioNutra Sciences will respond within the period of 8 working days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

Privacy and security

1. BioNutra Sciences respects the privacy of the customer. BioNutra Sciences handles and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The customer consents to this processing. To protect the customer’s personal data, BioNutra Sciences uses appropriate security measures.
2. For more information about privacy, please refer to which can be viewed on the BioNutra Sciences website.

Remaining

1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into subsequently.
2. The administration of BioNutra Sciences counts, subject to evidence to the contrary, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as evidence or you can call us and talk to our representative.
3. BioNutra Sciences shall be entitled to assign the rights and obligations arising from the agreement with you to a third party by a single notice given to you.
4. If and to the extent that any provision of the general terms and conditions is declared null and void or is annulled, the other provisions of these general terms and conditions will remain in full force and effect. BioNutra Sciences will then adopt a new provision to replace the null and void/voided provision, whereby the purport of the null and void/voided provision will be taken into account as much as possible.

Governing law

Agreements, and all resulting non-contractual obligations, between BioNutra Sciences and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Identity of the company

Entrepreneur’s name: BioNutra Sciences B. V
Trading under the name(s): BioNutra Sciences

Business address:
Lupine 8, 5432BT, Cuijk, The Netherlands
Telephone number: —————-

E-mail address: info@bionutrasciences.nl

Accessibility:
Monday to Friday from 9:00 AM to 5:00 PM
Chamber of Commerce number: 94627908
VAT number: NL866841684B01

Appendix withdrawal form

To: BioNutra Sciences B.V., Lupine 8, 5432 BT, in CUIJK.

Email address: info@bionutrasciences.nl

I hereby inform you that I withdraw from our agreement regarding the purchase of the following order:

Order or order number:

Ordered/received on (dd-mm-yy):

Please enter the date on which you received your order or the date of your order above.

First and last name:
Street name + house number:
Zip code:
Residence:
Email:
Date:

Signature

Sign this form if you do not send this form by e-mail but by post.