CLASSIC NUTRITION
- Kamer Van Koophandel : 81831153
- VAT Number: NL862236599B01
- Onze tevreden klanten
GENERAL CONDITIONS
ARTICLE 1. GENERAL
1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or orders and services from CLASSIC NUTRITION
1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations under agreements between CLASSIC NUTRITION and the other party cannot be transferred by the other party to third parties, unless with written permission from CLASSIC NUTRITION
1.4. Different general terms and conditions, including those of the other party, will not be accepted by CLASSIC NUTRITION, unless otherwise agreed in writing and confirmed by CLASSIC NUTRITION.
ARTICLE 2. OFFERS
2.1. All offers are without obligation and are valid while supplies last. An offer that contains a term can nevertheless be revoked by CLASSIC NUTRITION, even after receipt of the order, provided that this is done within 5 working days of receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they are an approximate indication and do not bind CLASSIC NUTRITION.
ARTICLE 3. AGREEMENTS
3.1. An agreement is only deemed to have been legally concluded after CLASSIC NUTRITION has confirmed the order in writing or has started executing the order. The content of the agreement is determined by the quotation and/or order confirmation from CLASSIC NUTRITION and these general terms and conditions.
3.2. If – after the order has been placed – an additional order is submitted, the originally agreed delivery time will be cancelled.
3.3. The Other Party and CLASSIC NUTRITION expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions stated in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not detract from the binding force of the offer and its acceptance.
ARTICLE 4. PRICES
4.1. All quotations and prices stated by CLASSIC NUTRITION are in euros and include VAT and other costs related to the agreement, such as levies.
4.2. Delivery costs are not included in the price unless otherwise stated.
4.3. If the prices of materials, taxes and/or other factors that partly determine the price of the goods change after the conclusion of the agreement, CLASSIC NUTRITION is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as mentioned above does not entitle the other party to compensation for any damage.
ARTICLE 5. PAYMENT
5.1. For orders via the website, payment can be made using the payment options stated on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payments by invoice, if expressly agreed, will be made within 14 days after the invoice date.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired, without notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Without prejudice to its other rights, CLASSIC NUTRITION is then entitled to charge interest on the outstanding amount of 1.5% per month or part of a month, to be calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by CLASSIC NUTRITION in the context of a dispute with the other party, both claimant and defendant, will be borne by the other party.
5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.
5.6 In order to offer you Klarna's payment methods, we may provide your contact and order details to Klarna during checkout so that Klarna can assess your eligibility for Klarna's payment methods and customize these payment methods for you. to make. Your personal data will be processed in accordance with the Klarna privacy statement.
ARTICLE 6. COOLING-OFF PERIOD, CANCELLATION AND RETURNS REGARDING PHYSICAL PRODUCTS
6.1. The other party is entitled to a cooling-off period of 30 days after delivery of the physical product if the other party is a consumer and provided that the packaging is not broken. This right also lapses if the products have been put into use. Companies are excluded from this right under the Buying or Distance Act 2001. The other party (consumer) may return a product within the aforementioned period of 30 days. The above does not apply to digital products and services, such as all Coaching by Kosso services and products.
6.1A. If you would like to use the return option please contact us at info@classicnutrition.nl, mentioning it order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage or free of charge.
6.2. Conditions for the right of return: The physical product must not have been used and must still be resalable as new. (Consumer must be able to view and try on the product, but not use it). It must be returned undamaged, complete and in the original packaging.
6.3. If the other party has exercised the right of withdrawal as stated in the previous paragraph and the product is offered to CLASSIC NUTRITION unused and in the original packaging with any supplied accessories without any damage due to use, then CLASSIC NUTRITION will ensure reimbursement to the other party within 30 days of receipt. .
6.4. In the event of cancellation by companies, all costs incurred by CLASSIC NUTRTION in connection with the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, plus any costs incurred by CLASSIC NUTRITION as necessary. damage suffered as a result of the cancellation.
6.5. If the total value of the order after return falls below €150, CLASSIC NUTRITION is authorized to still calculate the shipping costs of €6.64.
ARTICLE 7. DELIVERY TIME, DELIVERY, RISK RELATED PHYSICAL PRODUCTS
7.1. In principle, CLASSIC NUTRTION strives to ship orders placed before 12:00 on a working day on the same day. The delivery period stated or agreed in the offer and/or order confirmation does not apply as a strict deadline and is only approximate, even if it has been expressly accepted by the other party.
7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left stating that the delivery can be collected at the post office.
7.3. Different conditions may apply to deliveries abroad.
7.4. The stated or agreed delivery period will in any case, but not exclusively, be automatically extended by the period(s) during which:
- there is a delay in manufacturing and/or shipping and/or any other temporary delay in the execution preventing circumstance, regardless of whether this can be attributed to CLASSIC NUTRTION;
– the other party fails to fulfill one or more obligations towards CLASSIC NUTRTION or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are well-founded or not;
– the other party does not enable CLASSIC NUTRTION to execute the agreement; This situation occurs, among other things, if the other party fails to communicate the place of delivery.
7.5. The other party must receive and inspect the goods purchased from CLASSIC NUTRTION (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be stored by CLASSIC NUTRTION, at the expense and risk of the other party. The costs for storage are borne by the other party. CLASSIC NUTRTION will demand compliance, but reserves the right to terminate the agreement without legal intervention, without prejudice to CLASSIC NUTRTION's right to compensation.
ARTICLE 8. SERVICES AND OBLIGATIONS RELATED TO DIGITAL PRODUCTS
8.1 CLASSIC NUTRITION provides tailor-made personal services, consisting of advice in the field of training, nutrition and personal training.
8.2 CLASSIC NUTRITION will not provide the services to be provided until after receipt of payment. The preparation of the service delivery depends on the receipt of the intake form completed by the other party. After receipt of the intake form, service delivery will take place no later than 72 hours after the intake form has been submitted.
8.3 CLASSIC NUTRITION supplies its 12-week transformation packages, nutrition plans and training plans only as tailor-made (digital) products and services. When purchasing a 12-week package, nutrition plan and/or training plan, the consumer's right of withdrawal expires.
8.4 CLASSIC NUTRITION provides its Coaching services completely online. As a result, CLASSIC NUTRITION cannot guarantee that its services are available at any time at any location, that the services are provided securely, that errors are resolved, and that the services/products are free of viruses or other potentially harmful software or parts.
8.5 Before purchasing a 12-week package, nutrition plan or training plan from CLASSIC NUTRITION, the other party is obliged to consult his or her doctor.
8.6 The other party is obliged to provide correct information in a general sense.
8.7 The other party has the obligation not to supply material that is subject to copyright.
8.8 The Other Party understands that the service depends on the accuracy of data and declares that the information provided, such as that for registration, is correct and complete.
8.9 The information provided by the Other Party will at all times be used confidentially by CLASSIC NUTRITION.
8.10 Infringements on the rights of the Other Party must be reported by e-mail to info@classcinutrition.com. After notification, CLASSIC NUTRITION will investigate the presence of unlawful information within a reasonable time and, if possible, take action against it.
8.11 The Other Party may not use his/her registration to provide third parties with access to CLASSIC NUTRITION. In the event of a violation, the Other Party is fully liable for direct and indirect damage.
8.12 The Other Party is fully liable for any damage caused to CLASSIC NUTRITION and third parties due to the sharing of information by the Other Party.
8.13 The Other Party agrees that CLASSIC NUTRITION stores, processes and uses all data provided by the Other Party and generated through the use of CLASSIC NUTRITION as described in the privacy statement of this website.
8.14 CLASSIC NUTRITION reserves the right at any time to change part or all of the functionality of one or more components of CLASSIC NUTRITION or to discontinue it for a certain period or forever. The Other Party will always be informed of this. A change or discontinuation may make part or all of the information shared by the Other Party inaccessible or lost.
8.15 If a change as referred to in point 13 of this article is implemented, for whatever reason, the Other Party is only entitled to a pro rata return of the amount already paid (in advance) to CLASSIC NUTRITION.
ARTICLE 9. INTELLECTUAL PROPERTY
9.1 By accepting these General Terms and Conditions, the Other Party expressly acknowledges that all designs, information, images and other content are the Product Property of CLASSIC NUTRTION and are protected by intellectual property rights, including, but not limited to, copyrights, trademark rights, database rights , neighboring rights, patents and design rights.
9.2 CLASSIC NUTRTION grants the Other Party a personal, limited, non-exclusive, non-sublicensable, non-transferable right to use CLASSIC NUTRTION' services and products for strictly personal purposes and under the conditions set out in these General Terms and Conditions. Conditions set.
9.3 After termination of the service (due to expiry of the contract term or due to premature termination by CLASSIC NUTRTION on the basis of Article 5.3), the Other Party no longer has the right to use the services and products supplied by CLASSIC NUTRTION. The Other Party's account will then be protected from the Other Party. Products and services delivered during the term of the Other Party remain the property of CLASSIC NUTRTION, will not be made available to the Other Party after the end of the contract and may not be further distributed by the Other Party.
9.4 If CLASSIC NUTRTION and a third party establish a license in an Agreement for one or more of the products or services of CLASSIC NUTRTION, this concerns a limited, non-transferable, non-exclusive, non-sublicensable and revocable right to use the relevant products and services to use.
9.5 The Other Party never has the right to copy, change, publish and/or use designs, images, information and other content of CLASSIC NUTRTION for direct or indirect commercial purposes, unless expressly agreed otherwise in writing. with CLASSIC NUTRTION.
ARTICLE 10. COMMUNICATION
10.1 Communication between CLASSIC NUTRITION and the Other Party can take place in various ways, for example through software applications, update notifications or reminders and e-mail.
10.2 The Other Party agrees that CLASSIC NUTRITION may contact the Other Party, if it deems this necessary, for information about changes or updates to the services.
10.3 The Other Party acknowledges that CLASSIC NUTRITION may approach him/her for commercial purposes. The Other Party is offered the opportunity to indicate, after an initial approach, that it does not wish to be contacted in the future.
10.4 CLASSIC NUTRITION may delete user communications or other parts of the shared information of either party at any time without further notice, provided that such deletion is justified by the content of these communications.
ARTICLE 11. EXECUTION OF THE AGREEMENT
11.1.CLASSIC NUTRTION will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
11.2. CLASSIC NUTRITION is entitled, without the consent of the other party, to outsource the order or parts thereof to or to have it carried out by third parties who are not employed by CLASSIC NUTRITION
11.3. The other party shall ensure that all information that CLASSIC NUTRITION indicates is necessary or of which the other party should reasonably understand that it is necessary for the execution of the agreement, is provided to CLASSIC NUTRITION in a timely manner. If the information required for the execution of the agreement has not been provided to CLASSIC NUTRITION in a timely manner, CLASSIC NUTRITION has the right to suspend the execution of the agreement.
ARTICLE 12. WARRANTY / COMPLAINTS
12.1. CLASSIC NUTRITION guarantees that all items are suitable and legally permissible for the purpose for which they are intended, and that they conform to the agreed specifications.
12.2. With due observance of what is stated elsewhere in these conditions, CLASSIC NUTRITION guarantees the soundness and quality of the products it supplies. If a product is unusable due to damage during shipping, or does not correspond to what was ordered, the other party has the option to return this product.
12.3. The guarantees regarding the delivered goods lie with the manufacturer of the goods in question.
12.4. The other party is obliged to read the information and advice from the manufacturer accompanying the products before using the delivered products.
12.5. Complaints are not possible if:
- the delivered goods exhibit one or more imperfections or deviations that fall within a reasonable tolerance;
- the goods have been used for a purpose other than that for which they are normally intended or in the opinion of CLASSIC NUTRITION has been used, stored or transported improperly,
– the damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions and advice from CLASSIC NUTRITION;
– the other party has not fulfilled its obligations towards CLASSIC NUTRITION (both financial and otherwise).
12.6. If the other party submits a written complaint within 5 days of receipt, taking into account the provisions of the relevant agreement and these general terms and conditions, and CLASSIC NUTRITION finds its complaint well-founded, CLASSIC NUTRITION will, at its option, replace the defective goods (or parts thereof) free of charge. (after which the replaced items become its property) or grant a price reduction.
12.7. Processing a complaint does not suspend the payment obligation of the other party.
12.8. If attention is paid to a complaint outside the cases described above, this is entirely optional and the other party cannot derive any rights from this.
ARTICLE 13. INSPECTION
The items are checked by CLASSIC NUTRITION before delivery. The other party has the right, at its own expense, to inspect the goods before delivery at the time and place determined by CLASSIC NUTRITION.
ARTICLE 14. NON-PERFORMANCE/TERMINATION/SUSPENSION
14.1.CLASSIC NUTRITION is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend execution, without prejudice to its other rights (to performance and/or compensation), if:
- the other party acts in violation of any provision of the agreement between the parties;
14.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not provided appropriate security in the opinion of CLASSIC NUTRITION within seven days.
ARTICLE 15. RESERVATION OF TITLE
15.1. Cash on delivery takes place under retention of title and after full payment the product becomes the property of the other party.
ARTICLE 16. LIABILITY
16.1. CLASSIC NUTRITION is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. Compliance with the obligations under warranty/complaints as described in Article 9 above applies as sole and complete compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of CLASSIC NUTRITION or managerial subordinates.
16.2. CLASSIC NUTRITION is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others it has engaged in the context of the execution of the agreement.
16.3. CLASSIC NUTRITION accepts no liability for advice provided by or on behalf of it.
16.4. The other party must always give CLASSIC NUTRITION the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse.
16.5 CLASSIC NUTRITION carries out its consultancy work to the best of its knowledge, expertise and ability. However, this concerns a best efforts obligation. This means that CLASSIC NUTRITION does not guarantee the success and success of the Other Party through the advice given, nor the extent to which following the advice will bring the Other Party closer to his/her stated goal. CLASSIC NUTRITION is not liable for unachieved or insufficient results.
16.6 In all cases in which CLASSIC NUTRITION could possibly be held liable, CLASSIC NUTRITION's liability is limited to the amount paid out by CLASSIC NUTRITION's liability insurer in a specific case. In the event that CLASSIC NUTRITION's liability insurer does not make a payment, CLASSIC NUTRITION's liability is limited to five times the amount charged by CLASSIC NUTRITION to the Other Party.
ARTICLE 17. FORCE MAJEURE
17.1. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of CLASSIC NUTRITION, whether or not foreseeable at the time of entering into the agreement, as a result of which compliance cannot reasonably be expected from CLASSIC NUTRITION, such as war, government measures, lack of raw materials, factory or transport disruptions of any nature, strikes, exclusion or lack of personnel, quarantine, epidemics, frost delay, shortcomings of third parties who have been appointed by CLASSIC NUTRITION for the execution of the agreement enabled (such as late delivery by suppliers), etc.
17.2. Force majeure gives CLASSIC NUTRITION the right to either terminate the agreement in whole or in part or to suspend the performance of its obligations, without being obliged to pay compensation. The other party remains obliged to pay for the part of the agreement that has already been executed.
ARTICLE 18. PERSONAL DATA
CLASSIC NUTRITION will only process all data and information from the other party in accordance with its privacy policy.
ARTICLE 19. PARTIAL VOID
If one or more provisions of this agreement with the other party are not or not fully legally valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.
