Article 1. General
1.1 Nutri-Dynamics Health Products B.V. is registered with the Chamber of Commerce in Amsterdam under number 57.193.347.
1.2 Address: Nutri-Dynamics - Trompet 1185 - 1967 DA HEEMSKERK - NETHERLANDS - T: 0251-860276 - E: email@example.com
1.3 Bank details: Rabobank IBAN: GB24 RABO 0378 9017 02 BIC code. : RABONL2U
1,4 VAT no.: NL 8524 76 760 B01
1.5 Website: www.nutri-dynamics.nl
Article 2. Applicability:
2.1 These Terms and Conditions apply to all offers made by Nutri-Dynamics, projects granted to Nutri-Dynamics and agreements with Nutri-Dynamics. Any terms and conditions of the client only apply on transactions by Nutri Dynamics if Nutri-Dynamics has agreed in writing.
2.2 Nutri-Dynamics may change these terms at any time. The version valid at the time of the agreement is applicable.
Article 3. Offers and conclusion of Agreement
3.1 Offers and quotations are valid for 14 days after receiving the quote.
3.2 When the customer accepts the offer that was made by Nutri-Dynamics an agreement has been made. Nutri-Dynamics will not commence the execution of the order before all required documents -signed by client- have been received, and until any agreed upon prepayment has been posted on our bank account.
3.3 Subsequent orders must be confirmed in writing. If these have not been specified, Nutri-Dynamics will presume these orders have been concluded under the same conditions as the previous agreement. Nutri-Dynamics reserves the right to not directly execute or refuse an order in case there are outstanding invoices. If this is the case, client will be contacted right away.
3.4 Information, images, verbal communications, and the main characteristics of the products given by telephone or e-mail regarding all quotations, will be done as accurately as possible. Nutri-Dynamics can not guarantee that all offers and products exactly reflect the provided information. Deviations do not qualify for compensation and / or dissolution.
Article 4. Cancellation
Cancellation of the contract is only possible via a registered letter from the client to Nutri-Dynamics. If Nutri-Dynamics has already incurred costs to carry out the order, these costs will be directly passed on to the client.
Article 5. Delivery
5.1 Nutri-Dynamics can not guarantee that all products are available at all times.
5.2 Nutri-Dynamics is entitled to -on their own initiative, without consulting the client- engage third parties regarding execution of the order.
5.3 Delivery date will be confirmed in the order confirmation. Nutri-Dynamics is not liable if the delivery date is exceeded if it is caused by circumstances beyond the control of Nutri-Dynamics and therefore is not attributable to its fault nor under the law, legal act or generally accepted business should be borne by Nutri-Dynamics. The above-described force majeure applies to, but is not limited to: war, terrorism, strikes, sit-ins, transport difficulties, riots, fire, water damage, defective machinery, disruptions in the supply of energy, sales bans and all other business turmoil at Nutri Dynamics or its suppliers, as well as breach of contract by suppliers. As far as Nutri-Dynamics could liable, it is never liable for an amount greater than the value of the goods.
5.4 The order confirmation indicates who is to bear the transportation costs. If this is not further appointed the client will pay transportation charges.
5.5 As soon as the goods have been delivered, the client signs the bill of lading. By accepting the goods by the customer Nutri-Dynamics has met its obligation to deliver the goods and the goods will be completely at the expense and risk of the client. If the shipment has defects, this should be mentioned immediately on the bill of lading. In addition, Nutri-Dynamics has to be informed in writing or by email immediately.
5.6 If the client does not want to have the whole shipment delivered at once and it has been agreed in the order confirmation that Nutri-Dynamics will store the goods, the goods are entirely at the expense and risk of the client. Nutri-Dynamics can charge additional costs for storage and loss of interest or pass on price increases if the agreed storage term is exceeded.
5.7 If the client has not yet fulfilled its payment obligation or previously delivered goods, Nutri-Dynamics is entitled to suspend further deliveries and is not liable for late delivery.
Article 6. Prices
Agreed prices are binding for the period for which they are issued, unless external conditions (such as increases in taxes, changes in currency ratios, pricing of the suppliers) price increase should be applied. If so, the price increases issued by Nutri Dynamics are binding for the client. Prices agreed upon are exclusive of VAT, unless otherwise stated.
Article 7. Payment
7.1 All payments must be made in advance without deduction of credit limit, unless otherwise agreed and confirmed in writing by Nutri-Dynamics.
7.2 In the event of late payment of any amount due by client to Nutri-Dynamics, client is in default mere to the fact of late payment, and no a summons or notice from Nutri-Dynamics will be required. Nutri-Dynamics is then entitled to suspend or dissolve all not excecuted or or not fully executed agreements, without losing the right to claim compensation for the damage and loss of profits.
7.3 The client can not claim compensation or discount on the agreed amounts, and it is never allowed to suspend payment related to alleged bad quality or defects in the products delivered by Nutri-Dynamics.
7.4 If Nutri-Dynamics, after sending a reminder, will proceed to recover of any of the amount due through third parties, the client is to pay Nutri-Dynamics a compensation fee of 15% of the principal with a minimum of € 250, -, notwithstanding the right to claim the actual damages as well as legal costs which the court will impose when it comes to legal proceedings.
Article 8. Retention of title
If the delivery of goods is part of the order, the goods remain property of Nutri-Dynamics until the moment the agreed upon purchase price has been paid to Nutri-Dynamics in full. Until that moment Nutri-Dynamics has authority to reclaim the deliverd goods, wherever they may be. The client must Nutri Dynamics give opportunity to do so.
Delivered goods for which the applicable purchase price has not been fully paid, may not be handed to or be maid available to third parties by the client, under any name whatsoever.
In case of exercising the retention of title, the goods will be credited for the value at that time, the condition of the goods will be taken into account and the cost of transport and packaging will be deducted.
Article 9. Industrial and Intellectual Property
Unless otherwise agreed, Nutri-Dynamics retains the copyright and all other intellectual or industrial property rights to its provided products and their components, and the design of logos and packaging. These remain Nutri-Dynamics' property and without its explicit written consent may not be copied or used in any other way than by Nutri-Dynamics itself, regardless of whether costs have been charged for these products and designs.
Article 10. Obligations of the client
10.1 The client is obliged to cooperate with Nutri-Dynamics when requested in order to achieve optimal performance of the contract.
10.2 The client must collect goods delivered by Nutri-Dynamics and transport then in such a way they will not get damaged and will not degrade. Nutri-Dynamics is not responsible for any claims due to improper transport or storage of the goods.
Article 11. Obligation of execution
Nutri-Dynamics will make every effort to timely execute the contract in a professional manner. If the client is of the opinion that the order was not carried out as agreed in the order confirmation, he must send Nutri Dynamics a written notice of default. Nutri-Dynamics will redo the job properly in full or a portion thereof, without charging a fee. If correct execution is no longer possible or useful, part of the invoice can be credited by Nutri-Dynamics.
Article 12. Liability
Nutri-Dynamics is not liable for any incorrect information on the labels of the products ordered. Customer is responsible for the information on the products delivered by Nutri-Dynamics.
Article 13. Medical disclaimer
Customer is responsible for all information given on the package or on customer's website, including information related to medical issues such as health problems and treatments. Nutri-Dynamics can in no way be held responsible for incorrect or legally incorrect information provided.
Article 14. Website Content
All content on www.nutri-dynamics.nl, including photos, text, logos and graphics are property of Nutri-Dynamics.nl where copyright is applicable. It is prohibited to copy or reproduce content without permission.
Article 15. Legal force
These terms and conditions remain in force if the enterprise should change its name or partly change its name, legal form or ownership. The invalidity of some of the provisions shall not affect the applicability of the remaining terms and conditions.
Article 16. Disputes
All agreements made with Nutri-Dynamics are governed by Dutch law.
Article 17. Translation
This English translation of the terms and conditions was made for the convenience of Nutri-Dynamics' customers. The Dutch version of these Terms and Conditions called 'Algemene Voorwaarden' to be found on www.nutri-dynamics.nl will always be leading.