General Terms and Conditions of Clean Peptides BV, based on the model terms of WebwinkelKeur.

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended duration transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;
Durable medium: any means that enables the consumer or the entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, in the context of a system organised by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Clean Peptides BV
Stationsstraat 16A
9581 AX Musselkanaal
The Netherlands
T +31 6 82 90 28 52
E shop@cleanpeptides.eu
Chamber of Commerce (KVK) 42043083

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partly null and void or annulled, the contract and these terms will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; any shipping costs; the way in which the contract will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate; whether the contract is archived after conclusion and, if so, how the consumer can consult it; the way in which the consumer can check and, if desired, correct the data provided under the contract before concluding it; any other languages in which, besides Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically; and the minimum duration of the distance contract in the case of an extended duration transaction.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the associated conditions are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within statutory frameworks – inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; information on guarantees and existing after-sales service; the details included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these details to the consumer before performance of the contract; the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so using the model form or by another means of communication such as email. After the consumer has made known that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of shipment.
If the customer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, after the periods referred to in paragraphs 2 and 3 have expired, the purchase is a fact.

On delivery of services:

On delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, commencing on the day the contract is entered into.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.

Article 7 – Costs in the event of withdrawal

The consumer bears the direct cost of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop or that conclusive proof of complete return can be submitted. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any decrease in the value of the product.
The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products: created by the entrepreneur in accordance with the consumer’s specifications; that are clearly personal in nature; that by their nature cannot be returned; that can spoil or age quickly; whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; whose delivery has begun with the consumer’s express consent before the cooling-off period has expired; concerning betting and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices where those prices are subject to fluctuations on the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: they result from statutory regulations or provisions; or the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if: the consumer has repaired and/or modified the products delivered themselves, or has had them repaired and/or modified by third parties; the products delivered have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging; the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest on delivery it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Extended duration transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least in the same manner as they were entered into; always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
A contract entered into for a fixed period which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract extends to the regular but less than monthly delivery of daily, news and weekly papers and magazines.
A contract with a limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first turn to the entrepreneur. The web shop is currently not affiliated with a quality mark with a disputes committee.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the products delivered free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, also if the consumer is resident abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.