1. Applicability
1.1 These General Terms and Conditions apply to all offers from UltimusNutrition and to all agreements entered into with UltimusNutrition.
1.2 In addition These General Terms and Conditions may, if expressly stated, Additional Terms and Conditions apply to certain services and/or products.
1.3 The provisions of these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these conditions remain in full force.
1.4 If the Buyer also refers to his general terms and conditions, those conditions do not apply unless this has been expressly agreed to in writing by UltimusNutrition.
1.5 "Buyer" means any visitor to the website or any natural or legal person who has or will have a contractual relationship of any kind with UltimusNutrition.
1.6 UltimusNutrition reserves the right to change or supplement these conditions from time to time.
1.7 By using the internet site of UltimusNutrition and/ or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.8 UltimusNutrition is authorized to use third parties for the implementation of an agreement with Buyer.
2. Offers and conclusion of agreements
2.1 Offers or quotations should be regarded as an invitation to potential Buyers to make an offer. UltimusNutrition is in no way bound by this, unless this has been recorded unambiguously in writing. The acceptance of the invitation to make an offer by the potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
2.2 Offers are valid while supplies last .
2.3 An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
- the potential Buyer has indicated exactly which product and/or service he wishes to receive;
- the potential Buyer has entered the data on the appropriate input screen of the website and the relevant data ("order form") has been sent to UltimusNutrition electronically and by UltimusNutrition has been received.
2.4 An agreement is concluded when an order confirmation has been sent to the Buyer and sent by email to the email address specified by the Buyer.
2.5 Buyer and UltimusNutrition expressly agree that the use of electronic forms of communication will constitute a valid agreement as soon as the conditions in Articles 2.4 and 2.5 have been met. In particular, the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of UltimusNutrition will serve as a presumption of evidence to the extent permitted by law.
2.6 Information, images, communications provided orally, by telephone or via email and statements, etc. with regarding all offers and the most important characteristics of the products are displayed as accurately as possible. However, UltimusNutrition does not guarantee that all offers and products are fully consistent with the information provided, etc.In principle, deviations cannot give rise to compensation and/or dissolution.
3. Prices
3.1 All prices are expressed in Euros, in accordance with the relevant legal regulations, and include sales tax.
3.2 Special offers are only valid for the period of validity stated in that offer. This statement is printed in a brochure or mentioned on the website with regard to that special offer.
3.3 The Buyer owes the price stated by UltimusNutrition in its confirmation in accordance with Article 2.5 of these conditions. told her. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by UltimusNutrition after the conclusion of the agreement.
3.4 Delivery costs are not included in the price. The amount of the delivery costs is stated on the website.
4. Payment
4.1 Orders via the website can be paid in the following ways:
- iDEAL
- Credit card (Visa and Mastercard)
- Paypal
- Bancontact
UltimusNutrition may expand payment options in the future. Other payment options will be announced via the website.
4.2 In the event that a payment term has been agreed by UltimusNutrition, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed at that time.
4.3 If a payment method is chosen by credit card, the terms and conditions of the relevant card issuer apply. UltimusNutrition is not a party to the relationship between the Buyer and the card issuer.
4.4 In the event of non-payment or late payment by the Buyer, a reminder procedure will be initiated.
4.5 At the expense of the The Buyer will also be liable for all (extra)judicial costs of whatever nature that KetoBalans has had to incur as a result of the Buyer's failure to fulfill its (payment) obligations.
4.6 In the event of late payment, UltimusNutrition is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully fulfilled its payment obligations, including the payment of costs.
5. Delivery and delivery time
5.1 Orders will be delivered as quickly as possible after payment. In principle, KetoBalans strives to deliver to the corresponding delivery address within 3 working days after payment of the order. The stated delivery time is only an indication and is never a strict deadline. KetoBalans can provide further information regarding delivery times on the website or through its branches or otherwise communicate it in writing. Such information is only indicative.
5.2 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. Delays will be reported to the Buyer by email or telephone.
5.3 As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Buyer.
6. Returns and Right of Cancellation
6.1 The Buyer is obliged to carefully inspect the products immediately upon receipt. The Buyer can return the item and get his/her money back.For agreements with consumer Buyers that have been concluded via the internet site or in another manner that exclusively uses electronic communication, the consumer Buyer has the right to exercise a Right of Dissolution without penalty and without giving reasons. to be exercised within fourteen (14) calendar days after delivery of the product in question.
6.2 The products can be returned to UltimusNutrition via the return link on the website www.ultimusnutrition.com (at the bottom of the footer ). The shipping costs for returns will be borne by UltimusNutrition.
6.3 If the consumer-Buyer has exercised the Right of Dissolution as stated in the previous paragraph, UltimusNutrition will ensure reimbursement within fourteen (14) calendar days of the amount charged by the Consumer Buyer paid excluding the original shipping costs. These are always for the consumer Buyer.
7. Retention of title
7.1 Ownership of products, notwithstanding actual delivery, is transferred to the Buyer after the Buyer has fully paid all that the Buyer owes in respect of any agreement with UltimusNutrition, including reimbursement of interest and costs , also of previous or subsequent deliveries and any work performed or to be performed on the products.
7.2 The Buyer may not tax, sell, redeliver, alienate or otherwise encumber the products before ownership has been transferred.
8. Warranty and liability
8.1 The general warranty conditions apply to products supplied by UltimusNutrition.
8.2 UltimusNutrition is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of UltimusNutrition is never liable for consequential or business damage, indirect damage and loss of profit or turnover.
8.3 If UltimusNutrition, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage. caused or insofar as it is reimbursed by UltimusNutrition insurance.
8.4 Despite the constant care and attention that UltimusNutrition devotes to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
8.5 The information on the website is regularly supplemented and/or adjusted. UltimusNutrition reserves the right to make any changes with immediate effect and without notice.
8.6 The Buyer is obliged to indemnify UltimusNutrition for any claim that third parties may assert against UltimusNutrition in connection with the performance of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the Buyer.
8.7 It is possible that UltimusNutrition includes links on its website to other internet sites that may be interesting or informative for the visitor. Such links are purely informational. UltimusNutrition is not responsible for the content of the website to which reference is made or the use that may be made of it.
9. Force majeure
9.1 In the event of force majeure, UltimusNutrition is not obliged to fulfill its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure.
9.2 Force majeure means any of its wishes independent circumstance, which prevents the fulfillment of its obligations towards the Buyer in whole or in part. These circumstances include, but are not limited to, strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery from suppliers or other third parties engaged and the absence of any permit to be obtained from the government. Force majeure also includes disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
10. Intellectual property
10.1 The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications or other expressions relating to the products and/or relating to the website belong to KetoBalans, its suppliers or other rights holders.
10.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including sui generis rights to databases or other products, as well as unpatentable technical and/or commercial know-how, methods and concepts.
10.3 The Buyer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without express prior written permission from KetoBalans, its suppliers or other rights holders.
11. Personal data
11.1 UltimusNutrition will only process the Buyer's data in accordance with its privacy policy. The website contains a Privacy Statement.
11.2 UltimusNutrition takes into account the applicable privacy regulations and legislation.
12. Applicable law and competent court
12.1 All offers and agreements are exclusively governed by Dutch law.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 All disputes relating to or arising from Offers from UltimusNutrition or agreements concluded with KetoBalans will be submitted to the competent court in Haarlem, unless the law expressly designates another court as competent.
13. Miscellaneous
13.1 UltimusNutrition is located at Hoofdstraat 47 in (7061CH) Terborg and registered under Chamber of Commerce number 27113817. The VAT identification number is NL 75622246 B01. Please send all correspondence regarding an agreement or these conditions to Made Products, Hoofdstraat 47, 7061 CH Terborg or to the e-mail address as indicated on the website.
13.2 Customer service is available for information on working days from 8:30 a.m. to 6 p.m. They can be reached at the e-mail address: info@ultimusnutrition.com
13.3 Your e-mails will be answered by the internet customer service within 2 working days. UltimusNutrition is committed to communicating with its customers in an honest and sincere manner. Unfortunately, we cannot always prevent the misuse of our name by third parties.
13.4 The website and all related parts thereof are the property of Made Products. It is not permitted to copy and use information from the site for either personal and/or commercial purposes.
13.5 A VAT invoice is only available for orders made from a customer account. The VAT invoice can be downloaded in "My orders" in the account.
UltimusNutrition is a trade name of Made Products
