General terms and conditions BYE! Nutrition
- BYE! Nutrition: BYE! Nutrition, established in Arnhem under Chamber of Commerce no. 66138949.
- Client: the person with whom BYE! Nutrition has entered into an agreement.
- Parties: BYE! Nutrition and customer together.
- Consumer: a customer who is also an individual and who acts as a private? person.
Applicability of General Terms and Conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of BYE! Nutrition.
- The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
- All prices quoted by BYE! Nutrition are in Euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- All prices quoted by BYE! Nutrition charges for its products or services, on its website or otherwise disclosed, may be changed by BYE! Nutrition may change them at any time.
- Increases in the cost of products or parts thereof, which BYE! Nutrition could not foresee at the time of the offer or conclusion of the agreement, may lead to price increases.
- The consumer has the right to terminate a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of not paying on time
- If the customer does not pay within the agreed period, BYE! Nutrition shall be entitled to charge an interest of 1% per month from the day that the customer is in default, whereby a part of a month will be counted as a whole month.
- If the customer is in default, it will also owe extrajudicial collection costs and any damages to BYE! Nutrition.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer fails to pay on time, BYE! Nutrition may suspend its obligations until the customer has met its payment obligation.
- In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of BYE! Nutrition on the customer immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by BYE! Nutrition, he is still obliged to pay the agreed price to BYE! Nutrition.
Right of Advertising
- Once the customer is in default, BYE! Nutrition shall be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
- BYE! Nutrition invokes the right to advertise by written or electronic notice.
- Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to BYE! Nutrition, unless the parties make other arrangements in this regard.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Right of withdrawal
- A consumer may dissolve an online purchase during a 14-day cooling-off period without giving any reason provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been customised or adapted specifically for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, if it is data carriers with digital content (DVDs, CDs, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- the product is not a loose magazine or newspaper
- It does not concern an (order for) urgent repair.
- the consumer has not waived his right of withdrawal
- The cooling off period of 14 days as mentioned in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product
- in case of a subscription
- as soon as the consumer has purchased a service for the first time
- once the consumer has confirmed that he will purchase digital content via the Internet
- The consumer can make his appeal to the right of withdrawal known at Info@b-y-e.nl, if desired using the withdrawal form that can be downloaded from the BYE! Nutrition, https://b-y-e.eu/, which can be downloaded.
- The consumer is obliged to return the product within 14 days after making known his right of withdrawal to BYE! Nutrition, failing which his right of withdrawal shall expire.
- The cost of returns will only be borne by BYE! Nutrition if the entire order is returned.
- If the purchase cost and any other costs (such as shipping and return costs) are eligible for refund under the law, BYE! Nutrition will refund such costs to the consumer within 14 days of receipt of the timely appeal of the right of withdrawal, provided that the consumer has returned the product to BYE! Nutrition in a timely manner.
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation under this agreement.
- BYE! Nutrition may invoke its right of lien and in that case retain products from the customer until the customer has paid all outstanding bills to BYE! Nutrition, unless the customer has provided adequate security for such charges.
- The lien also applies under prior agreements from which the customer still owes payments to BYE! Nutrition.
- BYE! Nutrition shall never be liable for any damages that the customer may suffer as a result of the use of its lien.
Unless the customer is a consumer, the customer waives its right to set off any debt owed to BYE! Nutrition against a claim against BYE! Nutrition.
Retention of title
- BYE! Nutrition remains the owner of all products delivered until the customer has fulfilled all its payment obligations to BYE! Nutrition under any agreement entered into with BYE! Nutrition under any agreement entered into, including claims for failure to perform.
- Until such time BYE! Nutrition may invoke its retention of title and repossess the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If BYE! Nutrition invokes its retention of title, the agreement shall be deemed dissolved and BYE! Nutrition shall be entitled to claim damages, lost profits and interest.
- Delivery takes place while supplies last.
- Delivery will take place at BYE! Nutrition, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, BYE! Nutrition shall be entitled to suspend its obligations until the agreed part is paid.
- Late payment constitutes a creditor's default, with the result that the customer cannot hold a late delivery against BYE! Nutrition.
- The delivery times given by BYE! Nutrition stated delivery times are indicative and give the client if exceeded no right to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from BYE! Nutrition.
- Exceeding the specified delivery time gives the customer no right to compensation nor the right to dissolve the agreement, unless BYE! Nutrition cannot deliver within 14 days after being reminded in writing or if parties have agreed otherwise.
The customer shall ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transport costs are to be borne by the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a product delivered has been opened or damaged, then the customer must, before accepting the product, have the freight forwarder or delivery person make a note of this, failing which BYE! Nutrition can not be held liable for any damages.
- If the customer is responsible for transporting a product, it must report any visible damage to products or packaging to BYE! Nutrition, failing which BYE! Nutrition shall not be held liable for any damages.
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or late delivery of products will be borne entirely by the customer.
- The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and of damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment at which they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- Exchanges are only possible if the following conditions are met:
- exchanges are made within 14 days of purchase upon presentation of the original invoice
- the product is returned in its original packaging or with the original (price) tags still attached
- the product has not been used yet
- Discounted items, non-perishable items such as food, custom-made items or items customized specifically for the customer cannot be exchanged.
The customer shall indemnify BYE! Nutrition against any third party claims related to the products and/or services supplied by BYE! Nutrition products and/or services.
- The customer shall examine a product or service supplied by BYE! Nutrition as soon as possible for any deficiencies.
- If a delivered product or service does not comply with what the client could reasonably expect from the agreement, the client must inform BYE! Nutrition as soon as possible but in any case within 1 month after discovery of the shortcomings.
- Consumers shall notify BYE! Nutrition no later than 2 months after the discovery of the deficiencies.
- The customer will give as detailed a description as possible of the shortcoming, so that BYE! Nutrition is able to respond adequately.
- The customer must show that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this shall in any event not result in BYE! Nutrition can be obliged to perform other work than agreed upon.
- The customer must give notice of default in writing to BYE! Nutrition.
- It is the responsibility of the customer that a notice of default actually reaches BYE! Nutrition actually reaches the customer (in a timely manner).
Joint and several liability of the customer
If BYE! Nutrition enters into an agreement with multiple customers, each shall be jointly and severally liable for the full amounts they owe BYE! Nutrition.
Liability BYE! Nutrition
- BYE! Nutrition shall only be liable for any loss suffered by the customer if and to the extent such loss is caused by intentional or deliberate recklessness.
- If BYE! Nutrition is liable for any damages, it will only be liable for direct damages arising out of or related to the performance of an agreement.
- BYE! Nutrition is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damages to third parties.
- If BYE! Nutrition is liable, this liability is limited to the amount that is paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not cause damages and / or (partially) dissolve the agreement and / or suspend any obligation.
Any right of the customer to compensation from BYE! Nutrition shall in any event expire 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of rescission
- The client is entitled to dissolve the agreement if BYE! Nutrition imputably fails in the fulfillment of its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
- If the fulfillment of the obligations by BYE! Nutrition is not permanently or temporarily impossible, then dissolution can only take place after BYE! Nutrition is in default.
- BYE! Nutrition shall be entitled to dissolve the agreement with the client if the client fails to fully or timely comply with its obligations under the agreement, or if BYE! Nutrition becomes aware of circumstances which give it good ground to fear that the client will not be able to fulfill his obligations properly.
- In addition to the provisions of Article 6:75 of the Civil Code, a failure by BYE! Nutrition in the fulfillment of any obligation towards the customer cannot be attributed to BYE! Nutrition in a situation independent of the will of BYE! Nutrition, so that the fulfillment of its obligations towards the customer is prevented in whole or in part or so that the fulfillment of its obligations cannot in fairness be required from BYE! Nutrition can reasonably be required.
- The force majeure situation referred to in paragraph 1 shall also include - but not be limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- If a force majeure situation arises whereby BYE! Nutrition is unable to fulfill 1 or more obligations to the customer, then those obligations shall be suspended until BYE! Nutrition is again able to meet them.
- From the moment a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
- BYE! Nutrition shall not be liable for any compensation or damages in a Force Majeure situation, even if it enjoys any benefit as a result of the Force Majeure situation.
Modification of the Agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its contents, the parties shall adapt the agreement accordingly in good time and in mutual consultation.
Modification of general conditions
- BYE! Nutrition shall be entitled to amend or supplement these Terms and Conditions.
- Changes of minor importance may be made at any time.
- Major changes in content will be discussed by BYE! Nutrition discuss with the customer in advance to the extent possible.
- Consumers are entitled to terminate the contract in the event of a substantial change in the general conditions.
Transfer of Rights
- Customer rights under any agreement between the parties may not be transferred to third parties without the prior written consent of BYE! Nutrition.
- This provision is considered to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general conditions prove to be void or voidable, this will not affect the other provisions of these conditions.
- A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what BYE! Nutrition had in mind when drafting the terms and conditions on that point.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where BYE! Nutrition is located / practice / office is exclusively competent to take cognizance of any disputes between the parties, unless the law mandatorily prescribes otherwise.
Retrieved November 17, 2020.