Article 1: Definitions
1. Seller: NutrionVision, established in Herveld, The Netherlands, Chamber of Commerce no. 71627944.
2. Customer: the person with whom NurtitionVision has entered into an agreement.
3. Parties: seller and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Article 2: Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of seller.
2. Parties can only deviate from these conditions if they have explicitly agreed in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Article 3: Prices
1. All prices by seller are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, import duties, levies, and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. The seller is entitled to adjust all prices for its products or services shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost price of products or parts thereof, which the seller could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
5. The price with regard to services is determined by the seller on the basis of the actual working hours.
6. The price calculated according to the usual hourly rates of seller, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by the seller, this is always a target price, unless the parties have explicitly agreed upon writing on a fixed price, which cannot be deviated from.
8. The seller is entitled to deviate up to 10% of the target price.
9. If the target price exceeds 10%, the seller must let the customer know in due time why a higher price is justified.
10. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
11. The seller has the right to adjust target prices annually.
12. The seller will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
13. The consumer has the right to terminate the contract with the seller if he does not agree with the price increase.

Article 4: Payment and payment terms
1. The full payment is always completed in de (web)shop checkout process.
2. The seller may, at the conclusion of an agreement, require a down payment of up to 50% of the agreed amount.
3. The customer must have paid the full amount within 7 days after delivery of the product.
4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without the seller having to send the customer a reminder or to put him in default.
5. The seller reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Article 5: Consequences of late payment
1. If the customer does not pay within the agreed term, the seller is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to the seller.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay in time, the seller may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of the seller on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by the seller, he is still obliged to pay the agreed price to the seller.

Article 6: Right of recovery of goods
1. As soon as the customer is in default, the seller is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. The seller invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to the seller, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Article 7: Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may be returned for hygienic reasons (underwear, personal cleansing products, etc)
• the seal is still intact
• the product is not a separate magazine or a loose newspaper
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has received the first the product of a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via
4. The consumer is obliged to return the product to the seller within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
5. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, the seller will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to the seller in time.

Article 8: Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 9: Right of retention
1. The seller can appeal to his right of retention of title and in that case retain the products sold by the seller to the customer until the customer has paid all outstanding invoices with regard to the seller, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to the seller.
3. The seller is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Article 10: Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at the seller unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, the seller has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by the seller.

Article 11: Delivery period
1. Any delivery period specified by the seller is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from the seller.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless the seller cannot deliver within 30 days or the parties have agreed upon otherwise.

Article 12: Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Article 13: Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Article 14: Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In absence of which the seller may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or packaging prior to the transport to the seller, failing which the seller cannot be held liable for any damage.

Article 15: Insurance
1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
• goods delivered that are necessary for the execution of the underlying agreement
• goods being the property of the seller that are present at eth premises of the customer
• goods that have been delivered under retention of title
2. At the first request of the seller, the customer provides the policy for these insurances for inspection.

Article 16: Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Article 17: Guarantee
1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for the seller, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event or normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
4. The risk of loss, damage or theft of the products that are subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Article 18: Exchange
1. Exchange is only possible if the following conditions are met:
• exchange takes place within 14 days after the purchase upon presentation of the original invoice.
• the product is returned in the original packaging or with the original (price) tags still attached to it
• the product has not been used and original seal is still intact
2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Article 19: Performance of the agreement
1. The seller executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. The seller has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that the seller can start the implementation of the agreement on time.
5. If the customer has not ensured that the seller can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Article 20: Duty to inform by the customer
1. The customer shall make available to the seller all information, data, and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, the seller will return the relevant documents.
4. If the customer does not timely and properly provide the information, data or documents reasonably required by the seller and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Article 21: Duration of the agreement
1. The agreement between the seller and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month, the agreement ends at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give the seller a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Article 22: Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Article 23: Indemnity
The customer indemnifies the seller against all third-party claims that are related to the products and/or services supplied by the seller.

Article 24: Complaints
1. The customer must examine a product or service provided by the seller as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform the seller of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform the seller of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that the seller is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to the seller being forced to perform other work than has been agreed.

Article 25: Giving notice
1. The customer must provide any notice of default to the seller in writing.
2. It is the responsibility of the customer that a notice of default actually reaches the seller (in time).

Article 26: Joint and several Client liabilities
If the seller enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to the seller under that agreement.

Article 27: Liability of the seller
1. The seller is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If the seller is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. The seller is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If the seller is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 28: Expiry period
Every right of the customer to compensation from the seller shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Article 29: Dissolution
1. The customer has the right to dissolve the agreement if the seller imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by the seller is not permanent or temporarily impossible, dissolution can only take place after the seller is in default.
3. The seller has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give the seller good grounds to fear that the customer will not be able to fulfill his obligations properly.

Article 30: Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of the seller in fulfillment of any obligation to the customer cannot be attributed to the seller in any situation independent of the will of the seller, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from the seller.
2. the force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer, or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which the seller cannot fulfill one or more obligations towards the customer, these obligations will be suspended until the seller can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. The seller does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Article 31: Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Article 32: Changes in the general terms and conditions
1. The seller is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by the seller with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Article 33: Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with the seller to third parties without prior written consent of the seller.
2. This provision applies as a clause with a property law effect as referred to in section 3:83 (2) Dutch Civil Code.

Article 34: Changes of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what the seller had in mind when drafting the conditions on that issue.

Article 35: Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where the seller is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 01 January, 2021.