Terms and Conditions

General terms and conditions of sale and delivery of Nutrition Baas filed with the Amsterdam Chamber of Commerce under number 74722808.

 

Article 1. GENERAL

1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or assignments and services of Nutrition Baas. (hereinafter: Nutrition Boss).
1.2. Additions or deviations from these terms and conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations arising from agreements between Nutrition Baas and the other party cannot be transferred by the other party to third parties, unless with written permission from Nutrition Baas.
1.4. Other general terms and conditions, including those of the other party, will not be accepted by Nutrition Baas, unless otherwise agreed in writing and confirmed by Nutrition Baas.

 

Article 2. OFFERS

2.1. All offers are without obligation and are valid as long as stocks last. An offer that contains a term can nevertheless be revoked by Nutrition Baas, even after receipt of the order, provided that within 5 working days after receipt of that order.
2.2. The quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information only. Although the most important characteristics of products are shown as accurately as possible, they have the character of an approximate indication and do not bind Nutrition Baas.

 

Article 3. AGREEMENTS

3.1. An agreement is only deemed to have been legally concluded after Nutrition Baas has confirmed the order in writing. The content of the agreement is determined by the quotation and/or order confirmation from Nutrition Baas and these general terms and conditions.
3.2. If - after the order has been issued - an additional order is submitted, the originally agreed delivery time will lapse.
3.3. The other party and Nutrition Baas expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions set out in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance.
3.4. There is no order minimum. No shipping costs will be charged for all orders above €50. Below € 50,- Nutrition Baas charges a contribution of € 6.95 in the shipping costs.
3.5 Goodies (any free products that Nutrition Baas can send with the order) cannot be exchanged or exchanged for money or shop credit.

 

Article 4. PRICES

4.1. All quotations and the prices that Nutrition Baas are shown in euros and include VAT and other costs falling under the agreement, such as levies.
4.2. Delivery costs are not included in the price, unless stated otherwise.
4.3. If the prices of materials, taxes and/or other factors that partly determine the price of the goods change after the agreement has been concluded, Nutrition Baas is entitled to implement these price changes. Price changes of more than 20% entitle the other party to dissolve the relevant agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforesaid does not entitle the other party to compensation for any damage.

 

Article 5. PAYMENT

5.1. Orders via the website can be paid using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payment by means of invoices is only possible if expressly agreed and then takes place within 14 days of the invoice date.
5.2. The other party is in default after expiry of the payment term referred to in paragraph 1 of this article without a notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Without prejudice to its further rights, Nutrition Baas is then authorized to charge the statutory (commercial) interest on the outstanding amount, to be calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by Nutrition Baas in the context of a dispute with the other party, both the claimant and the defendant, are for the account of the other party.
5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.

 

Article 6. COOLING OFF PERIOD AND WITHDRAWAL

General

6.1. In this article, the following terms mean the following:

Consumer : Counterparty who is a natural person who acts for purposes that fall outside his business or professional activity.
Cooling -off period: the period within which the Consumer may invoke the right of withdrawal.
Right of withdrawal: the right to dissolve the distance contract within the Cooling Off Period in accordance with this article 6.
Distance contract: the agreement between Nutrition Baas and the Consumer that is concluded within the framework of an organized system for distance sales or services without the simultaneous personal presence of Nutrition Baas and the Consumer and whereby, up to and including the conclusion of the the agreement, only one or more means of distance communication is used.

6.2. The Consumer can revoke a Distance Contract concluded by him without stating reasons until a period of 30 days (the Cooling Off Period) has expired. Non-consumers are excluded from this right. The burden of proof for the correct and timely exercise of this right rests on the Consumer.

6.3. The Cooling Off Period referred to in Article 6.1 commences:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the item; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last item, if the Consumer has ordered several items in the same order that are delivered separately; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last consignment or the last part if the delivery of an item consists of several consignments or parts; or
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the first item for an agreement that extends to the regular delivery of items during a certain period.

Invoking the right of withdrawal

6.4. The Consumer can invoke the Right of Withdrawal by submitting the model withdrawal form (appendix 1 to these terms and conditions) to Nutrition Baas before the end of the Cooling Off Period or in another unambiguous way, for example via info@nutritionbaas.com . Nutrition Boss can ask for the reason for withdrawal, but it is not obliged to answer this. In the event of withdrawal, the Consumer must state the relevant order number and the relevant products. The Consumer can also invoke the right of withdrawal before the product has been received.

6.5 Nutrition Baas will immediately send a confirmation of receipt after receiving this notification.

6.6 The Consumer is obliged to handle the product with care during the Cooling Off Period. The Consumer may view and fit the product, but not use it. It must be returned undamaged, complete and if reasonably possible in the original packaging. Garments must still have the label attached.

6.7. The Consumer is only liable for depreciation of the product that is the result of treatment of the product that went beyond what is necessary to determine its nature, characteristics and functioning.

6.8 Unless Nutrition Baas has offered to collect the goods delivered on the basis of the dissolved agreement, the Consumer shall immediately return or hand them over to Nutrition Baas or to a person authorized by Nutrition Baas to receive the goods.

6.9 The Consumer bears the direct costs of returning the item, unless Nutrition Baas has failed to inform the Consumer that he must bear these costs.

6.10 If a complete order is returned, any goodies supplied must also be returned. If these are not returned, they can be charged.

Refund with Right of Withdrawal

6.11 Nutrition Baas will reimburse all payments received from the Consumer under the terminated agreement, including delivery costs, immediately after dissolution of the agreement in accordance with article 6.2, but no later than 14 (fourteen) days after the day of receipt of the declaration of dissolution. Nutrition Baas uses the same payment method as used by the Consumer, unless the Consumer has expressly agreed to another payment method and on the understanding that the Consumer may not incur any costs as a result. Without prejudice to the foregoing, Nutrition Baas is not obliged to reimburse the additional costs, if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by Nutrition Baas. Unless Nutrition Baas has offered to collect the goods delivered on the basis of the terminated agreement, Nutrition Baas may postpone reimbursement until the goods have been received or the Consumer has demonstrated that he has returned the goods, whichever comes first.

6.12. In the event of cancellation by non-consumers, all costs incurred by Nutrition Baas with regard to the order or assignment, as well as the lost profits, are immediately due and payable, with a minimum of 10% of the principal sum, all to be increased insofar as necessary with any damage suffered as a result of the cancellation.

6.13. If the total value of the order after the return falls below €50, Nutrition Baas is authorized to charge the shipping costs of €6.95.

Excluded from Right of Withdrawal

6.14 A right of withdrawal does not apply to:

• an agreement to provide services, after fulfillment of the agreement, if:
  • 1°. the fulfillment has started with the explicit prior consent of the Consumer; and
  • 2°. the Consumer has declared to waive his right of dissolution as soon as Nutrition Baas has fulfilled the agreement;
• a sale concerning:
  • 1°. the delivery of goods manufactured according to the Consumer's 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;
  • 2°. the delivery of items that spoil quickly or that have a limited shelf life;
  • 3°. the delivery of items that are not suitable for return, such as but not limited to food (and food supplements), underwear, socks, drinks and food supplements, for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  • 4°. the delivery of goods that are irrevocably mixed with other goods after delivery by their nature;
  • 5°. the delivery of alcoholic drinks, the price of which has been agreed upon at the conclusion of the sale, but the delivery of which can only take place after 30 (thirty) days, and the actual value of which depends on fluctuations in the market on which Nutrition Baas has no influence;
  • 6°. the delivery of audio and video recordings and computer software of which the seal has been broken after delivery;
  • 7°. the supply of newspapers, periodicals or magazines, with the exception of an agreement for the regular supply of such publications;
• the delivery of digital content that has not been delivered on a tangible medium, insofar as the fulfillment has started with the explicit prior consent of the Consumer and the Consumer has declared that he thereby waives his right of termination.

 

Article 7. DELIVERY TIME, DELIVERY, RISK

7.1. In principle, Nutrition Baas strives to ship orders placed before 4 p.m. on a working day that same day. The delivery term stated or agreed in the offer and/or the order confirmation does not count as a strict deadline and is only indicated by approximation, not even if it has been expressly accepted by the other party.
7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left informing you that the delivery can be picked up at the post office. When a package is refused at the door or is not picked up, it will be sent one more time in consultation with the customer. If this package is again refused or is not picked up, we will charge a contribution of €7 to the return costs.
7.3. Different conditions may apply for deliveries abroad.
7.4. The stated or agreed delivery period is in any case, but not limited to, automatically extended by the period(s) during which:
- there is a delay in the manufacture and/or shipment and/or any other circumstance that temporarily prevents the execution, regardless of whether this can be attributed to Nutrition Baas;
- the other party fails in one or more obligations towards Nutrition Baas or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are well-founded or not;
- the other party does not enable Nutrition Baas to perform the agreement; this situation arises, among other things, if the other party fails to communicate the place of delivery.

7.5. The other party must receive and check the goods purchased from Nutrition Baas (see warranty). If these goods are refused by the other party or if delivery proves impossible, the goods can be stored by Nutrition Baas, such at the expense and risk of the other party. The costs for storage are for the account of the other party. Nutrition Baas will fulfill the claim but reserves the right to dissolve the agreement without judicial intervention, without prejudice to Nutrition Baas' right to compensation.

 

Article 8. PERFORMANCE OF THE AGREEMENT

8.1. Nutrition Baas will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2. Nutrition Baas is entitled, without the consent of the other party, to outsource the agreement or parts thereof to third parties who are not employed by Nutrition Baas. Nutrition Baas is furthermore entitled, without the consent of the other party, to transfer the agreement in whole or in part to another party.
8.3. The other party will ensure that all information, which Nutrition Baas indicates is necessary or which the other party should reasonably understand to be necessary for the execution of the agreement, is provided to Nutrition Baas in a timely manner. If the information required for the execution of the agreement has not been provided to Nutrition Baas in time, Nutrition Baas has the right to suspend the execution of the agreement.

 

Article 9. WARRANTY

9.1. Nutrition Baas guarantees that the goods are in accordance with the specifications stated in the offer and in accordance with the reasonable requirements of reliability and/or usability. Only if this has been specifically agreed with Nutrition Baas, Nutrition Baas guarantees that the items are suitable for other than normal use.

9.2. If a product is unusable due to damage during shipment, or if it does not correspond to what was ordered, the other party has the option of returning this product in time.
9.3. Before using the delivered products, the other party is obliged to read and follow the information and advice of the manufacturer accompanying the products.
9.4. We follow the law. This differs for Consumers and not Consumers. Warranty is in any case not offered if:
- the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
- the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of Nutrition Baas, have been used, stored or transported injudiciously,
- the damage is caused by negligence on the part of the other party or because the other party has acted contrary to instructions, directions and advice from Nutrition Baas.
- the other party has not fulfilled its obligations towards Nutrition Baas (both financially and otherwise).
9.5. If the other party, with due observance of the provisions of the relevant agreement and these general terms and conditions, invokes the warranty in writing within 5 days of receipt, and for Consumers within 6 months of purchase, and this appeal is found to be well-founded by Nutrition Baas, Nutrition Baas will at its option, replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction.
9.6. The handling of a warranty claim does not suspend the payment obligation of the other party.
9.7. If attention is paid to a complaint outside the cases described above, this is done without obligation and the other party cannot derive any rights from this.

 

Article 10. INSPECTION

The items are checked by Nutrition Baas before delivery. The other party has the right, at its own expense, to inspect the goods before delivery at a time and place determined by Nutrition Baas.

 

Article 11. NON-PERFORMANCE / DISSOLUTION / SUSPENSION

11.1. Nutrition Baas is authorized to dissolve the agreement with immediate effect, without judicial intervention, in whole or in part or to suspend the execution, without prejudice to its other rights (to fulfillment and/or compensation), if:
- the other party acts contrary to any provision of the agreement between the parties;
- the other party dies, applies for a moratorium or files a declaration of bankruptcy or the other party is filed for bankruptcy;
- any asset of the other party is attached;
11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after having been invited to do so in writing, has not, in the opinion of Nutrition Baas, provided adequate security within seven days.

 

Article 12. RETENTION OF TITLE

12.1. Cash on delivery takes place subject to retention of title. Ownership is then only transferred after full payment.

 

Article 13. LIABILITY

13.1. Nutrition Baas is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. The fulfillment of the obligations under warranty as described in article 9 above applies as sole and full compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Nutrition Baas or managerial subordinates.
13.2. Nutrition Baas is also not liable for the actions of (non-executive) subordinates or others that it has engaged in the context of the execution of the agreement.
13.3. Nutrition Baas is not liable for advice provided by or on behalf of it.
13.4. The other party must always give Nutrition Baas the opportunity to settle a complaint, otherwise the liability and thus the compensation will lapse.
13.5 If Nutrition Baas is nevertheless liable, liability (for whatever reason) is limited to the amount that Nutrition Baas has received from the other party under the relevant agreement. In any case, Nutrition Baas is never obliged to pay more than € 8,000 (eight thousand euros).

 

Article 14. FORCE MAJEURE

14.1. Force majeure is understood to mean any circumstance beyond the control of Nutrition Baas, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be expected of Nutrition Baas, such as war, government measures, lack of raw materials , factory or transport disruptions of any kind, hacking, IT disruptions, strikes, exclusion or lack of personnel, quarantine, epidemics, pandemics, frost loss, shortcomings of third parties appointed by Nutrition Baas for the execution of the agreement. are enabled (such as late delivery by suppliers), supplier decisions to discontinue service, etc.
14.2. Force majeure gives Nutrition Baas the right either to terminate the agreement in whole or in part, or to suspend the execution of its obligations, without being obliged to pay compensation. Also with regard to the part of the agreement that has already been performed, the other party remains obliged to pay.

 

Article 15. PARTIAL NULLITY

If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force and effect. Instead of the invalid provisions, the parties will consult on a replacement arrangement, which will come as close as possible to the intention of the parties and the economic result pursued by them in a legally effective manner.

 

Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT

17.1. The place of business of Nutrition Baas is the place where the other party must fulfill its obligations towards Nutrition Baas, unless mandatory provisions oppose this.
17.2. Dutch law applies exclusively to all offers and agreements of Nutrition Baas.
17.3. All disputes that arise as a result of the agreement concluded between the other party and Nutrition Baas or of further agreements that may result therefrom, will be settled by the Dutch judge of the court in Amsterdam. If the other party is a consumer and this would lead to the jurisdiction of a court that is not competent according to law, this other party has one month, after Nutrition Baas has invoked this provision, to opt for settlement of the dispute by the competent court according to the law.

 

Article 17. Reviews

Posting a review is very much appreciated by us. However, you must be logged in before you can post a review. Our team will then review your review first. Your review can be removed at:

• Deficient content, for example one-word reviews.
• Sentences in CAPITAL LETTERS or other distracting matters.
• Listing contact information such as phone numbers, addresses and URLs.
• Indication of volatile information such as prices and current affairs.
• Use of a language other than Dutch, German or English.
• Mention of other (web) shops.
• Use of offensive or offensive language.
• Plagiarism or infringement of intellectual property rights or other rights.
• No demonstrable customer who actually purchased the product
• Listings of medical claims
• Incorrect information or claims
• Unlawful content of any kind and towards anyone.