General terms and conditions Nutrifoodz
Article 1 - Definitions In these terms and conditions, the following terms shall have the following meanings:
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- 2. 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;
- 4. Extended duration transaction: a remote agreement related to a series of products and/or services, of which the obligation to supply and/or purchase is spread over a period of time;
- Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Article 2 - Identity of the entrepreneur
P.O. Box 3032
1270 EA Huizen
Please note! This is not a visiting address and not a return address.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, then before concluding the distance selling agreement, it shall be stated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer 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 will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before the agreement at a distance is concluded, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically, at his request.
- In case specific product- or service conditions apply in addition to these general conditions, the second and third paragraph applies accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting general conditions.
- "The personal and/or company data processed by Nutrifoodz in the course of its business are (also) used by it or by third parties to whom the claims are assigned (transferred) for or in:
(a) risk analyses
- b) the prevention, detection and repression of fraud or irregularities".
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered.
- Each 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;
- the possible costs of delivery;
- the way in which the agreement will be brought about and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the size 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 tariff for the means of communication used;
- the manner in which the Consumer may, prior to concluding the contract, verify the details provided by him in the context of the contract and, if so desired, correct them;
- the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
- The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate safety measures.
- The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
- The entrepreneur will, together with the product or service, send the consumer the following information in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
- The visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing service after purchase;
- the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
- In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal on delivery of products:
- When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
- During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
In case of delivery of services:
- When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least fourteen days starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he will be responsible for a maximum of the costs of return shipment and possible handling costs.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal. Article 8 - Exclusion of right of withdrawal
- The trader can preclude the consumer from having a right of withdrawal as far as this is provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products - that have been created by the entrepreneur in accordance with the specifications of the consumer;
- That are clearly personal in nature;
- Which cannot be returned due to their nature;
- That spoil or age quickly;
- the price of which 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.
- Exclusion of the right of withdrawal is only possible for services
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- of which the delivery has started with the explicit approval of the consumer, before the period for reflection has expired;
- concerning betting and lotteries.
Article 9 - The prize
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The offer shall state this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or stipulations; or
- the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.
Article 11 - Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The costs of any return shipment and handling shall be borne by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
- The consumer can terminate an agreement entered into indefinitely, which extends to the regular delivery of services, at any time, subject to the agreed termination rules and a notice of up to one month.
- The consumer may contract for a definite period and that extends to the regular delivery of services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
- The consumer may terminate the agreements referred to in the previous paragraphs
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same manner as they were concluded by him;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period of time and that extends to the regular provision of services may not be tacitly extended or renewed for a definite period of time. In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a maximum of three months, if the consumer has the right to terminate this extended contract at the end of the extension with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 13 - Payment
- As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the reflection period, as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
- The consumer has the duty to inform the entrepreneur immediately of any inaccuracies in payment details provided or mentioned.
- In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge any predetermined reasonable costs incurred to the consumer.
- "Payment must be made to Nutrifoodz within the set payment term. The term of payment is a fatal term. In the event of late payment, the customer will therefore be in default without notice of default being required and Nutrifoodz will be entitled to charge statutory commercial interest (whereby part of a month will be considered a whole month) on a monthly basis from the due date of the invoice. In addition, Nutrifoodz is entitled to charge the customer extrajudicial collection costs pursuant to the law, amounting to a minimum of 15% of the principal amount with a minimum of 40 euros for consumers and 75 euros for businesses. Nutrifoodz is also entitled to transfer the claim to a third party. In that case, the stipulations of the above in respect of Nutrifoodz will also be transferred to the third party to whom the claim is transferred."
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- Data Controller
Nutrifoodz is (ultimately) responsible for the processing of personal data we collect. We collect personal information when you use Nutrifoodz, or when you register for Nutrifoodz or visit our website.
- Data processing
Nutrifoodz collects and processes information relating to consumers and visitors to this website. Which data we collect depends on the service you use.
3.1 Data you provide us with
You provide us with personal data when you:
- Place an order in our webshop;
- share data with us in any other way, either directly or indirectly.
These data consist of:
- Personal information: name, e-mail address, postal address, date of birth, telephone number.
- Payment information: invoice information.
3.2 Data we collect when you use the Nutrifoodz payment method. When you use our payment method we may collect the following information from you:
- Order information such as product names;
- Historical information such as order history;
- IP address;
- Device IDs and other device information such as browser, operating system;
- Source of data collection such as web browser, mobile browser, application;
- geographical information.
Every visit to the Nutrifoodz environment is automatically registered. We collect the following information (hereinafter "other information"):
- Date and time of your visit to the Nutrifoodz website;
- Website from where you came to the Nutrifoodz environment;
The information you share with us, as well as the information about your order and your financial information, is necessary to offer the payment method Nutrifoodz. The other information is needed for other purposes, which are explained below.
- Purposes of data use guaranteed
Nutrifoodz processes personal data for the purposes specified below. Furthermore, you can see for how long we keep certain data.
Administration of payments & relationship management:
- To manage payments and customer data. Execution of payment agreement (Art. 8 b AVG)
We need your data to enter into a payment agreement with you and to provide our service. Retention period: 7 years.
- To comply with applicable directives and legislation, such as the Law on the Prevention of Money Laundering and Terrorist Financing.
To comply with a legal obligation (art. 8 c AVG) retention period: Depending on the relevant legislation
- To manage the services of Nutrifoodz and for internal processes.
Execution of payment agreement (Art. 8 b AVG)
Retention period: 7 years.
4.2 Automated decision
If you are not a known customer to us, we will use your data to perform an automated real-time risk assessment through Klarna or Afterpay, to gain insight into your paymentworthiness. If you are a known customer, we determine whether your request for retrospective payment will be accepted based on your order history. Klarna / Afterpay will do this based on classifications such as "reasonably well-known customer" and "repeat customer".
4.3 Improvement Nutrifoodz website
Your information can be used for identification of users and to make the Nutrifoodz website more personal, interactive and user friendly. In addition, your information may be used to answer your questions, ensure the security of data and prevent misuse of the website.
4.4 Customer Contact
Your data may be used for customer contact, such as sending notifications about our services and contacting you for customer service purposes.
- Data processing outside the EU
Nutrifoodz does not process (or send) personal data outside the EU. In the situations where this is necessary, Nutrifoodz ensures that appropriate measures are taken to guarantee the same privacy as within the EU. An example of these measures is additional contractual agreements regarding confidentiality and applicability of European legislation. You can request a copy of these additional agreements via support@Nutrifoodz.co. This e-mail address is managed by the two Data Protection Officers of Nutrifoodz.
- What rights do you have?
Inspection: You have the right to inspect the personal data Nutrifoodz holds on you.
Correction: We ensure that the information Nutrifoodz holds on you is correct and up to date. You can ask us to change or remove information, when something in your data is not correct.
Deletion: you have the right to request the deletion of your data. We are not always able to delete your data immediately due to legal retention periods or execution of the payment agreement.
Objection: you have the right to object to the processing of your personal data, should you believe that this is done incorrectly or unjustly. This can be done by sending an e-mail to support@Nutrifoodz.co.
Withdrawing consent: when we process personal data on the basis of your consent, such as the newsletter, you have the right to withdraw your consent at any time. You can do this through our website, at the bottom of the newsletter or by sending an e-mail to support@Nutrifoodz.co.
Data portability: if your personal data is automatically processed for the execution of an agreement, you have the right to ask for a readable format for transfer to another party.
Complaints: You can submit a data protection complaint to support@Nutrifoodz.co or to the authority at https://autoriteitpersoonsgegevens.nl/.
- With whom do we share your data?
Nutrifoodz makes use of professional market parties who facilitate Nutrifoodz in sending payment statements and offers. Questions about these professional market parties and their way of data processing can be asked to Nutrifoodz via support@Nutrifoodz.co.
Furthermore, data may be shared with the authorities if required by law. However, we only do this if it is demonstrated that this is an obligation. When we share your data with the third parties who, for example, take care of our invoicing, we take all legal, technical and organizational measures to ensure that your data are carefully protected when transferred to these parties.
Nutrifoodz does not sell personal information to third parties. In addition, we will not send your data to third parties for direct marketing, remote sales or market research purposes, unless you have given us your permission to do so.
- How does Nutrifoodz secure your data?
Nutrifoodz takes appropriate technical and organizational measures to protect your data from unauthorized access, transfer, destruction or other unauthorized processing. The security measures include firewalls, encryption, use of secure IT environments, access control, training of staff who work with your data and the careful selection of third parties who will process personal data for us. In addition, access to your information is limited to Nutrifoodz staff who need your information to perform their duties.
- Other websites
Our website may contain links to other websites. Nutrifoodz is not responsible for the privacy statements or content of these websites. We advise you to read the privacy statements and general conditions of these websites before using them.
You can also delete cookies from your browser history. By deleting cookies on a regular basis, you can change the user profile that has been built up. However, deleting cookies does not stop the data collection, it only removes the profile based on the previous browsing history.
- Changes to Privacy Statement
Nutrifoodz is constantly making improvements to its website and its payment method. For this reason Nutrifoodz reserves the right to change its Privacy Statement by posting the changes on its website. Changes can also be made due to changes in the General Data Protection Regulation, other regulations or case law on the subject. We advise you to check the content of the Privacy Statement regularly.
- Questions on data protection
On request you can have access to your personal data, have it changed or deleted. Nutrifoodz has two data protection officers who are working every day to protect your data. Do you have questions about the Privacy Statement or the protection of personal data within Nutrifoodz? Then please contact info@Nutrifoodz.co.
The last change to this Privacy Statement took place on 30 March 2022.