Terms of service

General Terms and Conditions of Dieet Support Nederland B.V.

Trading under the name: Funky Fat foods

Hoevenweg 13

5652AW Eindhoven

Chamber of Commerce number: 51382040

VAT number: NL823253065B01

Email address: hello@funkyfatfoods.com

Website: www.funkyfatfoods.com

Applicability

These general terms and conditions apply to every offer, quotation, and agreement regarding products between Dieet Support Nederland B.V. and the buyer. The term "buyer" in these terms and conditions refers to both the professional buyer, acting in the exercise of a profession or business, and the consumer buyer, a natural person not acting in the exercise of a profession or business.

1.1 Deviations from these general terms and conditions are only possible if expressly agreed in writing, in which case the remaining provisions remain fully in force.

1.2 If any provision of these general terms and conditions is void or annulled, the remaining provisions shall remain fully effective.

1.3 The applicability of any purchase or other conditions of the buyer is expressly rejected.

1.4 Dieet Support Nederland B.V. reserves the right to change these general terms and conditions at any time.

Offers and Formation of Agreement

2.1 All offers are without obligation, unless a period for acceptance is stated in the offer.

2.2 Offers are valid as long as stocks last and expire when the product to which the offer relates is no longer available.

2.3 Orders can be placed in writing, by email, or via the ordering function on the Dieet Support Nederland B.V. ordering website.

2.4 An agreement between Dieet Support Nederland B.V. and the buyer is concluded when an order confirmation or invoice has been sent by Dieet Support Nederland B.V. to the buyer. If the offer is made via the Dieet Support Nederland website, the agreement is concluded after Dieet Support Nederland B.V. has sent an order confirmation and invoice by email to the email address provided by the buyer.

Prices and Payment

3.1 All prices are expressed in euros, including VAT, unless explicitly stated otherwise.

3.2 Shipping and delivery costs are not included in the sales price and are borne by the buyer, unless otherwise stated in the offer. These costs are explicitly stated in the offer and on the Dieet Support Nederland B.V. ordering website if the buyer places the order via the ordering website.

3.3 Payment is made via iDEAL. If payment is not made on time, the buyer is in default without further notice. Dieet Support Nederland B.V. may then charge the buyer an interest of 1.5% per month on the amount due, as well as reasonable collection costs in the event of non-payment. Payment of the full invoice amount by a consumer buyer is always made when placing an order on the ordering website via iDEAL.

Delivery and Delivery Times

4.1 The place of delivery is the address provided by the buyer during the order, either in writing, by email, by phone, or via the ordering website to Dieet Support Nederland B.V.

4.2 Delivery times in offers, order confirmations, and/or agreements, or stated on the ordering website, are to the best of our knowledge and subject to product availability, but no later than 30 days. Dieet Support Nederland B.V. generally maintains a delivery time of 1 business day if the order is placed before 4:00 PM and if the products are in stock. Exceeding a delivery time does not result in default by Dieet Support Nederland B.V.

4.3 Orders from a consumer buyer will not be delivered until Dieet Support Nederland B.V. has received the full invoice amount.

4.4 Dieet Support Nederland B.V. will suspend the delivery of products as soon as a professional buyer has a total amount of outstanding invoices from € 1,500.00.

4.5 After the expiration of a delivery time, the buyer has the right to demand from Dieet Support Nederland B.V. that delivery be made within a reasonable period, at least equal to the initially agreed period. If this new delivery period is also exceeded, the buyer has the right to cancel the agreement free of charge, without any right to compensation.

4.6 Dieet Support Nederland B.V. determines the shipping method. If the buyer desires a different shipping method, the additional costs will be borne by the buyer, and such shipping is at the buyer's risk.

4.7 Delivery of Dieet Support Nederland B.V. products is ex-warehouse. The products can be fragile and are packaged with utmost care by Dieet Support Nederland B.V. Once the products have left the warehouse, the buyer bears all costs and risks associated with the transport of the products and their delivery to the buyer's address.

Acceptance and Complaints

5.1 The buyer must immediately examine upon delivery whether the products conform to the agreement. If not, the buyer must notify Dieet Support Nederland B.V. in writing or by email within two (2) working days after delivery, specifying the nature and grounds of the complaints.

5.2 If the delivered products do not conform to the agreement upon inspection by Dieet Support Nederland B.V., Dieet Support Nederland B.V. has the choice to either replace the relevant product or refund the invoice amount.

5.3 Returns of Dieet Support Nederland B.V. products, only if the products do not conform to the agreement upon inspection by Dieet Support Nederland B.V., are only accepted if the packaging of the products is unopened and undamaged.

5.4 Complaints and comments regarding products, services, and delivery must be submitted in writing or by email to Dieet Support Nederland B.V. The buyer will receive a written response from Dieet Support Nederland B.V. within fourteen days.

Liability

6.1 Dieet Support Nederland B.V. is not liable to the buyer or third parties for direct and consequential damages of any nature arising from the agreement or the use of the delivered product, unless there is intent or gross negligence on the part of Dieet Support Nederland B.V.

6.2 With regard to any product liability, the liability of Dieet Support Nederland B.V. towards a consumer buyer is limited to the amount that its liability insurance pays out in the event of a justified claim.

6.3 In the event of an incident leading to liability of Dieet Support Nederland B.V., other than product liability, this liability is limited to the amount that its liability insurance pays out, or at most twice the invoice amount of the delivered products in the absence of an insurance payout.

Contraindications

7.1 Dieet Support Nederland B.V. considers a number of contraindications concerning the products of Dieet Support Nederland B.V.

7.2 In the case of absolute contraindications, the products of Dieet Support Nederland B.V. should not be used. Absolute contraindications for protein diet products include, but are not limited to: Type 1 diabetes, chronic liver and kidney diseases, milk protein allergy, pregnancy, and breastfeeding. For relative contraindications, a doctor should be consulted before using the products of Dieet Support Nederland B.V. Relative contraindications include: kidney problems, liver problems, Type 2 diabetes, lactose intolerance, and the use of the following medications: diuretics, antihypertensives, colchicine, cortisone. In case of doubt about a contraindication, the buyer should first consult a doctor before using the products of Dieet Support Nederland B.V.

7.3 Dieet Support Nederland B.V. is not liable for financial damages resulting from any accident or injury due to the buyer and users of the Dieet Support Nederland B.V. products not adhering to this article. The buyer indemnifies Dieet Support Nederland B.V. against claims from third parties due to non-compliance with the obligations in this article.

Force Majeure

8.1 Dieet Support Nederland B.V. is not obliged to fulfill its obligations to the buyer if it is hindered by circumstances that are not due to fault and are not for its account by law, legal act, or generally accepted practice.

8.2 Dieet Support Nederland B.V. may suspend the obligations from the agreement during the period of force majeure. If this period exceeds two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party.

Retention of Title

9.1 All products delivered by Dieet Support Nederland B.V. to the buyer remain the property of Dieet Support Nederland B.V. until the buyer has fulfilled all obligations, including collection costs and interest, from the agreement(s) concluded with Dieet Support Nederland B.V.

9.2 The products delivered under retention of title may not be resold, pledged, or otherwise encumbered.

Disputes

10.1 All agreements involving Dieet Support Nederland B.V. are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.

10.2 All disputes between Dieet Support Nederland B.V. and the buyer will be submitted to the court in ‘s-Hertogenbosch, unless the law explicitly designates another court as competent.

Right of Withdrawal for Consumer Buyer with Purchase via Ordering Website

11.1 If a consumer buyer is not satisfied with the delivered Dieet Support Nederland B.V. products, they can send an email to info@nutrikx.com within seven (7) days of receiving the products stating that the purchase agreement should be dissolved, and the products can be returned if the products are unopened and undamaged.

11.2 The product must be returned unopened, with the invoice, in the original packaging, and postage paid. The purchase amount will be refunded to the consumer buyer's account within thirty (30) days. Return address: Dieet Support Nederland B.V., Hoevenweg 13, 5652 AW, Eindhoven.

11.3 A request for return must be submitted in writing, stating the product name, quantity, expiration date, and purchase date. Returns of Dieet Support Nederland B.V. products by a professional buyer are only allowed with prior written approval from Dieet Support Nederland B.V.