Terms of service

Article 1: Definitions

King of Nutrition, established in Nieuwegein, Chamber of Commerce number 78165741, is referred to in these general terms and conditions as the seller. The other party to the seller is referred to in these general terms and conditions as the buyer. The parties are the seller and the buyer together. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3: Payment

The full purchase price is always paid immediately in the store. In some cases, a down payment is expected for reservations. In that case, the buyer will receive proof of the reservation and the advance payment. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation. If the buyer remains in default, the seller will proceed to collection. The costs relating to this collection shall be borne by the buyer. These collection costs shall be calculated on the basis of the Decree on compensation for extrajudicial collection costs. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims on the buyer shall be immediately due and payable. If the buyer refuses to cooperate with the execution of the order by the seller, he shall still be obliged to pay the agreed price to the seller.

Article 4: Offers, quotations and price

Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated term, the offer shall lapse. Delivery times in quotations are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this in writing. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5: Right of withdrawal

The consumer is given the right to dissolve the agreement within 14 days after receiving the order without giving reasons (right of withdrawal). The term starts from the moment the (entire) order has been received by the consumer. There is no right of withdrawal if the products are custom-made according to his specifications or have a short shelf life. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6: Amendment of the agreement

If during the execution of the agreement it appears that it is necessary to amend or supplement the work to be performed for the proper execution of the assignment, the parties will amend the agreement accordingly in a timely manner and in mutual consultation. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in an excess of this price. Notwithstanding the provisions of the third paragraph of this article, the seller may not charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to him.

Article 7: Delivery and transfer of risk

As soon as the purchased goods have been received by the buyer, the risk passes from the seller to the buyer.

Article 8: Inspection, complaints

The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the buyer must inspect whether the quality and quantity of the goods are delivered correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements that apply in normal (commercial) transactions. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery of the goods by the buyer. If the complaint is declared justified within the set period, the seller has the right to either repair, or to deliver again, or to cancel delivery and to send the buyer a credit note for that part of the purchase price. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller. Complaints regarding a specific product have no effect on other products or components belonging to the same agreement. After the goods have been processed by the buyer, no more complaints will be accepted.

Article 9: Samples and models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it. In agreements concerning immovable property, mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered having to correspond to it.

Article 10: Delivery

Delivery takes place ‘ex works/shop/warehouse’. This means that all costs are for the buyer. The buyer is obliged to take delivery of the items at the time that the seller delivers them to him or has them delivered, or at the time that these items are made available to him in accordance with the agreement. If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer. If the items are delivered, the seller is entitled to charge any delivery costs. If the seller requires information from the buyer for the execution of the agreement, the delivery time commences after the buyer has made this information available to the seller. A delivery period specified by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must give the seller written notice of default. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.

Article 11: Force Majeure

If the seller is unable to fulfil his obligations under the agreement, or is unable to do so in a timely manner or properly, due to force majeure, he is not liable for any damage suffered by the buyer. Force majeure is understood by the parties to mean in any case any circumstance which the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of the company, strikes, lock-out, changed government measures, transport difficulties, and other disruptions in the seller's business. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller. If a situation as referred to above occurs as a result of which the seller cannot meet its obligations towards the buyer, these obligations will be suspended for as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination is only possible by registered letter.

Article 12: Transfer of rights

Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Dutch Civil Code.

Article 13: Retention of title and right of retention

The goods present at the seller and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller may invoke his retention of title and take back the goods. If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is then considered a creditor's default. In that case, a late delivery cannot be held against the seller. The seller is not authorised to pledge the goods falling under his retention of title or to encumber them in any other way. The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 14: Liability

Any liability for damage resulting from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy. The seller's liability for damage resulting from intent or deliberate recklessness of the seller or his managerial subordinates is not excluded.

Article 15: Obligation to complain

The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately. If a complaint is justified, the seller is obliged to repair the goods and replace them if necessary.

Article 16: Guarantees

If guarantees are included in the agreement, the following applies. The seller guarantees that the goods sold correspond to the agreement, that they will function without defects and that they are suitable for the use that the buyer intends to make of them. This guarantee applies for a period of two calendar years after receipt of the sold item by the buyer. The guarantee in question is intended to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a guarantee are always entirely for the account and risk of the seller and that the seller can never invoke article 6:75 BW in respect of a breach of a guarantee. The provisions of the previous sentence also apply if the breach was known to the buyer or could have been known by conducting an investigation. The guarantee mentioned does not apply if the defect arose as a result of improper or inappropriate use or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17: Applicable rights of the competent court

Dutch law applies exclusively to every agreement between the parties. The Dutch court in the district where King of Nutrition is established/practices/has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise. The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the other provisions will remain in full force.