Terms & Conditions

General Terms & Conditions


Contents:


Article   1 - Definitions
Article   2 - Corporate Identity/Entrepreneur
Article   3 - Relevance
Article   4 - Offer
Article   5 - Agreement
Article   6 - Right of Withdrawal
Article   7 - Withdrawal Costs
Article   8 - Exclusion Right of Withdrawal
Article   9 - Pricing
Article 10 - Conformity and Guarantees
Article 11 - Delivery and Execution
Article 12 - Payments
Article 13 - Complaints
Article 14 - Disputes
Article 15 - Intellectual property


Article 1 - Definitions


In these General Terms & Conditions the following definitions are applicable:

1. Consideration time: the term during which the Consumer can execute the right of withdrawal.
2. Consumer:  the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the Entrepreneur.
3. Day: calendar day
4. Durable Medium: any instrument which enables the recipient or the Entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
5. Right of Withdrawal: the possibility for the Consumer to terminate the distance agreement within the consideration term.
6. Entrepreneur: the natural person or corporation who offers distance products to Consumers.
7. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
8. Technique of distant Communication: a means that can be used to close an agreement without the Consumer and the Entrepreneur have gathered together in the same place and at the same time.
9. General Terms & Conditions: The present General Terms & Conditions of the Entrepreneur.

 

Article 2 - Corporate Identity/Entrepreneur

 

M.J.’s Nutrients
Haarlem 
06-47066667 Monday through Friday from 11.00 to 17.00h
E-mail: info@mjsnutrients.com
Chamber of commerce number: 63392291
VAT identification number: 151043760B01


Article 3 - Relevance

 

1. These General Terms & Conditions apply to any offer of the Entrepreneur and to every finalized distance agreement between Entrepreneur and Consumer.
2. Before the distance agreement is concluded, the text of the General Terms & Conditions is being made available to the Consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the General Terms & Conditions can be seen at the Entrepreneur and on request of the Consumer these General Terms & Conditions shall be sent to the Consumer as soon as possible without extra costs.
3. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the General Terms & Conditions can be made available electronically to the Consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the Consumer can find the General Terms & Conditions electronically and that these General Terms & Conditions at the Consumer’s request will be sent electronically or otherwise to the Consumer without extra cost.
4.  In addition to these General Terms & Conditions may, where expressly indicated Additional Conditions applicable to certain services and / or products.
5. If one or more clauses of these General Terms & Conditions at any time wholly or partially are invalid or destroyed, this agreement and these conditions will remain in position and the concerning clauses will, by mutual agreement, be immediately replaced by clauses of which the scope will approximate the originals as much as possible.
6. By using the website of M.J.’s Nutrients and / or placing an order the Consumer accepts the General Terms & Conditions and any other rights and obligations as stated on the website.
7. Situations not mentioned or unclarities in the General Terms & Conditions should be judged in accordance with the general tone/lines of these General Terms & Conditions.


Article 4 - Offer

 

1. If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
2. The offer is non-committal. The Entrepreneur can change the offer at any time.
3. The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper Consumer’s assessment of the products/services. The images used by the Entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the Entrepreneur.
4. All pictures, specifications and data or indicative and can’t induce compensation for damages or cancel an agreement.
5. Pictures of the products are truthful representations of the offered products. The Entrepreneur can’t guarantee that displayed colors are exact matches of the real colors of the products.
6. Each offer contains such information that it is clear for the Consumer which rights and obligations are related to the offer when it is accepted by the Consumer. This concerns in particular:

• price inclusive taxes
• possible costs of delivery
• the manner in which the agreement has been concluded and the necessary signatures
• whether to apply the right of withdrawal
• the method of payment, delivery and performance of the contract
• the deadline for accepting the offer or the period within which the Entrepreneur guarantees the price
• if the agreement after the conclusion is archived and if so how to consult it for the Consumer
• the manner in which the Consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
• any other languages, including Dutch, for the agreement
• All offers and agreements are solely subject to Dutch law.


Article 5 - The Agreement

 

1. The agreement is finalized, subject to the provisions in paragraph 4, at the moment the Consumer accepts the offer and meets the conditions.
2. If the Consumer has accepted electronically the offer, the Entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the Entrepreneur has not confirmed the acceptance, the Consumer can terminate the agreement.
3. If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe the necessary security measures.
4. The Entrepreneur can notify or check, within the legal framework, if the Consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the Entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
5.  A personalized offer is valid for 2 weeks, unless a different period is stated in the offer.
6. All offers and agreements are solely subject to Dutch law.

 
Article 6 - Right of Withdrawal

 

Deliverance of products:


1. After purchasing products the Consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the Consumer receives the product or a pre-designated representative by the Consumer made known to the Entrepreneur.
2. During the cooling off period the Consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. The consumer should only handle and inspect the product like how you would be allowed to do it in a store.
3. If he does want to execute the right of withdrawal, he shall return the product with all accessories and in the original conditioning and packaging to the Entrepreneur, in accordance with the provided reasonable and clear instructions of the Entrepreneur.
4. When the Consumer wants to use his Right of Withdrawal he is obligated to let the Entrepreneur know within 14 days of receiving the product. The Consumer has to fill in the return form to do so. When the Consumer has notified the Entrepreneur he wants to return the product he has to send the product back to the Entrepreneur within 14 days of this notice. The Consumer has to prove that the products have been send back within the 14 day period, for example by proof of shipment from the postal office.
5. When the Consumer hasn’t notified the Entrepreneur that he wants to use his Right of Withdrawal after the terms mentioned in paragraph 1, 2 and 3 the buy is final.


Article 7 - Withdrawal Costs

 

1. If the Consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
2. If the Consumer has made a payment, the Entrepreneur shall pay back this amount as soon as possible but no later than within 14  days after the repeal or after the return shipment (shipment proof is required).


Article 8 - Exclusion Right of Withdrawal

 

1. The Entrepreneur can exclude the right of withdrawal of the Consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the Entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for the following products:
a. Which are established by the Entrepreneur according to specifications of the Consumer
b. That they are clearly personal in nature
c. Which cannot be returned because of their nature
d. That can spoil or age quickly


Article 9 - Pricing

 

1. All prices are shown in Euro’s, according to Dutch regulations.
2. Product prices are shown including VAT, if applicable. (when logged in with an account with a shipping address outside the EU, prices are shown without VAT)
3. All prices are with a proviso of printing- and typo-errors. For the consequences of printing- and typo-errors no liability is accepted. When printing- and typo-errors occur the Entrepreneur is not obliged to deliver the product for the erroneous price.
4. Errors in pricing, such as obvious inaccuracies, can be corrected after the conclusion of the agreement by M.J.’s Nutrients.


Article 10 - Conformity and Guarantees

 

1. The Entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations.’
2. Any defects or faulty goods should be reported in writing to the Entrepreneur within 2 weeks after delivery. Return of the product must be in its original packaging and in new condition.
3. M.J.'s Nutrients is never obliged to pay any compensation to the consumer or others, unless there is intent or gross negligence on the part of M.J.'s Nutrients. MJ's Nutrients is never liable for consequential damages, indirect damages and loss of business.
4. If M.J.'s Nutrients, for whatever reason is obliged to compensate any damages, the amount of compensation will never exceed an amount equal to the invoice value of the product which caused the damage.
5. The guarantee does not apply if the products supplied are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions given by the Entrepreneur and / or on the packaging


Article 11 - Delivery and Execution

 

1. The Entrepreneur shall observe the utmost care in the processing of orders.
2. The address that has been made known by the Consumer to the Entrepreneur is considered to be the delivery place.
3. Taking into account what is stated in article 4 of the General Terms & Conditions, the Entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the Consumer is notified about this no later than 30 days after he placed the order. In that case the Consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
4. All delivery times are indicative. The Consumer can reserve no rights to any quoted delivery times. Exceedance of quoted delivery times doesn’t give the Consumer the right to any compensation.
5. In the event of termination in accordance with paragraph 3, the Entrepreneur shall pay back the amount that the Consumer has paid as soon as possible but no later than 30 days after the termination.
6. If the delivery of an ordered product appears to be impossible, the Entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the Entrepreneur.
7. The risk of damage and/or loss of products rest with the Entrepreneur until the moment of delivery at the Consumer, or a pre-designated and an announced representative to the Entrepreneur, unless otherwise expressly agreed.


Article 12 - Payments


1. With orders made through the website you can pay with a variety of options shown during the checkout process. After receiving the payment the order will be processed and products will be shipped.
2. The Consumer has the duty to notify the Entrepreneur about inaccuracies in the payment details.
3. In the case that terms of payment have been arranged and the invoice hasn’t been payed on time the consumer is in default.
4. Payment terms can only be agreed upon in writing and terms for that particular agreement have to be agreed upon by both parties.
5. In case of default by the Consumer the Entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the Consumer in advance.
6. 5 In case of late payment M.J.’s Nutrients is entitled to terminate the agreement with immediate effect, or to suspend possible future delivery until the moment the consumer’s payment is fully met, including the payment of interest and any extra costs.


Article 13 - Complaints


1. The Entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the Entrepreneur after the Consumer has observed the defects.
3. The complaints submitted to the Entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the Entrepreneur will answer within 14 days an acknowledgement and an indication when the Consumer will receive a more detailed answer.
4. If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
5. When complaints can’t be resolved between the Consumer and Entrepreneur, the Consumer has to contact Stichting GeschilOnline (geschilonline.nl) to let them handle the complaint.  The Ruling of this foundations is binding and both the Consumer and Entrepreneur accept this binding ruling. Stichting GeschilOnline charges a fee to handle complaints, which have to be paid by the Consumer.
6. When a complaint is accepted by the Entrepreneur he will choose to replace the product without costs or to accept the products back and repay the costs of the products found on the invoice back to the Consumer.


Article 14 - Disputes

 

1. Dutch law exclusively applies to all agreements between Entrepreneur and Consumer whereupon these General Terms & Conditions are related to. Also when the Consumer lives abroad.
2. The CISG (Contracts for the International Sale of Goods) doesn’t apply.


Article 15 - Intellectual property

 

1. The Buyer acknowledges that all intellectual property rights of all the displayed information, communications or other expressions concerning the products and/or with respect to the website belong to M.J.’s Nutrients, its suppliers or other copyright holders.