GENERAL TERMS AND CONDITIONS OF SALE FOR ORTHONUTRIENTS

1. Language
1.1. Nederlands: De Nederlandstalige versie van deze algemene voorwaarden is de enige authentieke (hierna genoemd "voorwaarden"). Deze voorwaarden kunnen tevens in het Frans en Engels geconsulteerd worden op http://shop.ortho-nutrients.com/customer-service. De Klant erkent in elk geval dat vertalingen louter voor hem een toegift vormen. In het geval van tegenstrijdigheden, zal de Nederlandse versie steeds prevaleren.
1.2. English: The Dutch version of these terms and conditions is the only authentic one. These conditions can also be consulted in French and English on http://shop.ortho-nutrients.com/customer-service. The Customer nevertheless acknowledges that the translations are merely a bonus for him. In the case of any inconsistencies, the Dutch version shall always prevail.
1.3. Français: La version en néerlandaise de ces conditions générales est la seule version authentique. Les conditions générales peuvent également être consultées en Français et en Anglais sur http://shop.ortho-nutrients.com/customer-service. Le Client reconnaît en tout cas que les traductions sont simplement un bonus pour lui. En cas de divergences, la version néerlandaise prévaudra toujours.

2. Definitions
2.1. "ORTHONUTRIENTS": The private limited company "ORTHONUTRIENTS", with registered office at 4561 GH Hulst, Industrieweg 10, the Netherlands, Chamber of Commerce no. 17182965;
2.2. "Customer": Any natural person who is legally competent and over the age of 18, and who places an order with ORTHONUTRIENTS;
2.3. "Products": All nutritional and phytotherapeutic supplements that are included in the product range of ORTHONUTRIENTS;
2.4. "Webshop": http://shop.ortho-nutrients.com

3. Scope of the Terms and Conditions
3.1. All commercial relationships between ORTHONUTRIENTS and the Customer are governed by (in descending hierarchical order): (i) the written agreement between ORTHONUTRIENTS and the Customer; (ii) the written order confirmation issued by ORTHONUTRIENTS; (iii) these terms and conditions; (iv) Dutch law.
3.2. ORTHONUTRIENTS uses various sales techniques:
- Sales through the Webshop;
- Sales by telephone;
- Sales by e-mail.
These types of sale imply distance selling.
3.3. By placing an order or entering into an agreement, the Customer acknowledges having taken note of these terms and conditions, and thereby accepts them.
3.4. These terms and conditions shall not affect the mandatory legal rights granted to the Customer under the Dutch legislation relating to consumer protection.
3.5. The (repeated) non-enforcement of any right by ORTHONUTRIENTS can only be regarded as tolerance with regard to a specific condition, and shall not waive the right of ORTHONUTRIENTS to invoke this at a later time.
3.6. The invalidity of one or more provisions of these terms and conditions, or any part thereof, shall not affect the validity and enforceability of the other clauses and/or the remainder of the provision in question. In such a case, ORTHONUTRIENTS and the Customer shall negotiate in order to replace the invalid provision by an equivalent provision in accordance with the spirit of these general terms and conditions. Should ORTHONUTRIENTS and the Customer not reach an agreement, the competent Court can mitigate the invalid provision to what is (legally) permitted.

4. Catalogues, newsletters, publicity announcements
Catalogues, brochures, newsletters, folders and other publicity announcements, as well as the announcements in the Webshop, are entirely non-binding, and may only be regarded by the Customer as an invitation to place an order, unless explicitly specified otherwise. The listed price, description, properties and illustrations of the Products are merely of an indicative nature and are non-binding for ORTHONUTRIENTS.

5. Establishment of the Agreement
5.1. A purchase entered into through the Webshop or by e-mail only becomes effective upon receipt by the Customer of the confirmation e-mail from ORTHONUTRIENTS, even if this is received by the Customer in the "spam" section of his e-mail account. In the case of a purchase through the Webshop, this confirmation e-mail will only be sent by ORTHONUTRIENTS after the correct and full payment of the order has been received from the Customer.
A purchase concluded by the Customer over the telephone only becomes effective if, at the end of the order by telephone, ORTHONUTRIENTS gives a clear overview of the requested order, so that the Customer has the opportunity to confirm or amend/supplement the order. After the conclusion of the purchase, ORTHONUTRIENTS will always attempt, to the best of its ability, to send a confirmation e-mail or letter to the Customer regarding his purchase.
5.2. ORTHONUTRIENTS always reserves the right to request additional information regarding the Customer, his activities or creditworthiness, and, if such information is not forthcoming, to refuse or suspend the execution of the order. ORTHONUTRIENTS is entitled to refuse to carry out orders from which it appears that the Customer has the intention of reselling the Products himself.
5.3. In the case that, prior to or during the execution of the order, ORTHONUTRIENTS finds itself no longer able to carry out the order for objective reasons (such as, but not limited to, the ordered Products not or no longer being available), ORTHONUTRIENTS will notify the Customer accordingly as soon as possible, but in any case within a reasonable period of time. In this case, any amounts already paid will be refunded within 14
calendar days following the date of the conclusion of the contract. On no account can damages be claimed from ORTHONUTRIENTS in such a case.

6. Cancellation
ORTHONUTRIENTS is entitled to cancel the order if it is based on incorrect information from the Customer, or if ORTHONUTRIENTS suspects that the Customer is making use of ORTHONUTRIENTS for reasons that cannot be objectively considered to be reasonable and acceptable.

7. Right of withdrawal
7.1. General information
The Customer has the right of withdrawal with regard to the Products purchased through the Webshop, by e-mail or by phone. Under the Dutch Distance Selling Act, the Customer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days following the day on which the Customer, or a third person appointed by the Customer who is not the carrier, takes the Product physically into possession.
7.2. Exercising the right of withdrawal
In order to exercise the right of withdrawal, the Customer must notify ORTHONUTRIENTS by means of an unequivocal statement by fax, by post or by e-mail (info@orthonutrients.com) of his decision to withdraw from the contract. The Customer may do so using the sample form for withdrawal, but this is not obligatory. In order to comply with the withdrawal deadline, it is sufficient that the Customer forwards his notification of the exercise of his right of withdrawal before the withdrawal period has expired.
7.3. Consequences of exercising the right of withdrawal
If the Customer cancels the contract, ORTHONUTRIENTS will reimburse the Customer for all payments he has made up to that moment, including delivery costs (excluding any additional costs resulting from the Customer's choice to opt for another type of delivery than the most advantageous standard delivery offered by ORTHONUTRIENTS) without delay, and in any case no later than 14 calendar days after ORTHONUTRIENTS has been notified of the Customer's decision to cancel the contract.
ORTHONUTRIENTS will then reimburse the Customer using the same payment method as that used by the Customer to make the initial transaction, unless the Customer has explicitly agreed otherwise.
The Customer will in any case not be charged any costs for such reimbursements. ORTHONUTRIENTS is entitled to withhold the reimbursement until the Products have been received in return, or until the Customer has demonstrated that he has returned the Products, whichever comes first.
The Customer is required to return or hand over the Products to ORTHONUTRIENTS without delay, but in any case no later than 14 calendar days following the day he notified ORTHONUTRIENTS of his decision to cancel the contract. The Customer is in time if he returns the Products before the period of 14 calendar days has expired. The direct costs of returning the Products shall be borne by the Customer, unless otherwise agreed.
7.4. Reimbursement of the delivery costs
The reimbursement of the delivery costs by ORTHONUTRIENTS is always proportional. (e.g.: the Customer purchases 2 Products and returns 1 Product by right of withdrawal. In this case, ORTHONUTRIENTS is only required to reimburse 50% of the delivery costs.) If ORTHONUTRIENTS charges a fixed delivery cost, however, ORTHONUTRIENTS will not be obliged to reimburse any of the delivery costs in the case of a partial withdrawal.
7.5. Use/packaging
The returned Product must not be used, and must be returned in the same condition as at the time of the delivery. The Customer is, however, liable for any reduction in value of the Products as a result of the use of the Products that is beyond what is necessary to determine the nature and properties of the Products.
Moreover, the Product must be returned in the original packaging, whether opened or otherwise, and must include all accessories supplied with the Product, without, however, the Customer having the right to remove the "seal" or open the "blister" (in order to enable ORTHONUTRIENTS to still be able to sell the Product to a third party after the order has been cancelled).

8. Price
The Products will always be sold at the prices listed in the Webshop or notified by mail or telephone at the time of purchase. Any delivery costs will always be stated or notified separately.

9. Delivery periods
9.1. Unless expressly agreed otherwise, the expected time of delivery is always approximate and non-binding. Exceeding the scheduled delivery time can therefore not give rise to a fine, damages, substitution or termination of the agreement at the expense of ORTHONUTRIENTS.
9.2. A defective, late, or incomplete delivery cannot in any way legitimise non-payment or late payment of the amounts due.
9.3. The scheduled delivery times shall expire automatically in the event:
- that ORTHONUTRIENTS has not received all the necessary information, specifications and instructions from the Customer in due time;
- of amendments to the order;
- of force majeure and/or hardship, as described in Article 16.

10. Method of delivery
10.1. Unless expressly agreed otherwise, the Products will always be delivered to the delivery address specified by the Customer, or to the collection point selected by the Customer. The transfer of the risk of damage, destruction or disappearance of the Products takes place at the moment of the actual delivery. If the Customer is not present at the time of delivery to the delivery address specified by the Customer, the transport company will leave a message at the delivery address stating that
the Customer can collect the order at the collection point specified in the message.
10.2. Any additional costs associated with the receipt of the Products shall always be borne by the Customer.
10.3. The manner of transport and the actual means of transport will be reasonably determined by ORTHONUTRIENTS.
10.4. If the Customer refuses the order upon delivery, or if the delivery is not collected at the collection point by the Customer within the period specified in the notification (see Article 10.1 § 2), the order will be returned to ORTHONUTRIENTS. Any costs for the return, as well as any associated costs (such as, but not limited to, storage charges) shall be borne by the Customer.
10.5. The delivery note will always be contained in the box in which the Products are shipped, together with the invoice.

11. Visible and hidden flaws and complaints
11.1. Upon the delivery of the Products, the Customer must immediately conduct an initial verification, in particular with regard to: (list serving merely as an example) quantity and weight, conformity with the delivery, visible flaws, correct location(s), etc. Under penalty of forfeiture of rights, the Customer must immediately notify ORTHONUTRIENTS of any verifiable deviations in writing within 48 hours of delivery and in any case prior to using the Products.
11.2. The Customer has the benefit of a legal guarantee for hidden flaws for a period of 2 years, starting on the date of delivery of the Products (delivery note). This guarantee can only be invoked insofar as the Customer is able to prove that the flaw already existed at the time of delivery. Under penalty of forfeiture of rights, the Customer must notify ORTHONUTRIENTS of any complaints arising from hidden flaws within two months of their discovery, by fax, post or e-mail (info@orthonutrients.com).
11.3. If no complaints are notified within these periods, the Customer shall be deemed to have approved and accepted the delivery.
11.4. After establishing any flaw, the Customer is obliged to immediately cease the further use of the Product in question and, furthermore, to do anything or to have anything done that is reasonably possible to prevent any (further) damage and to store the Products correctly, under penalty of inadmissibility of the complaint. The warranty or indemnification for visible and/or hidden flaws shall not apply in any circumstances whatsoever if the damage was caused by improper use or improper storage of the Product.
11.5. Under no circumstances may the Customer return the Products to ORTHONUTRIENTS on the basis of this Article without the prior consent of the latter. ORTHONUTRIENTS reserves the right to determine the flaws on site, together with the Customer, and to ascertain the cause thereof. ORTHONUTRIENTS can in no way be held responsible for the loss of or damage to returned Products until they have been accepted by ORTHONUTRIENTS in their warehouses.
11.6. Any claim of indemnification becomes invalid if the Products are processed or changed by the Customer or by third parties, or in case of unusual or extraordinary use of the Products, or of damage caused by force majeure/hardship.
11.7. The guarantees that ORTHONUTRIENTS offers the Customer - at the option and discretion of ORTHONUTRIENTS - remain restricted to (full or partial): (i) replacement, or (ii) return of the relevant Products, with crediting of the Customer's account.

12. Payment
12.1. The Customer shall pay in advance and in full by credit or debit card for orders via the Webshop.
12.2. For the processing of on-line transactions, ORTHONUTRIENTS makes use of the services of external professional and specialised partners who operate a payment platform. The financial data of the Customer that is entered as part of an on-line payment is only exchanged between the external partner and the financial institutions concerned. ORTHONUTRIENTS has no access to the confidential financial data of the Customer.
12.3. Depending on what has been agreed between the parties, the Customer is required to pay orders made by telephone or e-mail in cash to the transport company at the time of delivery to the Customer (cash on delivery), or by bank transfer within 15 days of the invoice date.

13. Electronic billing
By placing an order, the Customer expressly agrees to the use of electronic billing by ORTHONUTRIENTS, unless otherwise agreed in writing between the parties.

14. Liability
14.1. With the exception of the indemnification by ORTHONUTRIENTS pursuant to Article 11, the liability of ORTHONUTRIENTS is always limited to the price of the Products delivered by ORTHONUTRIENTS, and in any case to the mandatory liability imposed by law.
14.2. ORTHONUTRIENTS is under no circumstances whatsoever obliged to compensate for indirect damages (including, but not limited to, loss of income or damage to third parties).
14.3. ORTHONUTRIENTS shall also not be liable for defects caused directly or indirectly by an act of the Customer or a third party, regardless of whether these were caused by a fault or negligence;
14.4. The appropriation of the Products by the Customer himself or by a third party is therefore at the full responsibility and risk of the Customer. In this case, ORTHONUTRIENTS cannot be held responsible in any way whatsoever for direct or indirect damages arising from this appropriation.
14.5. The Customer should always use the Product in accordance with the instructions for use (in the broadest sense of the word) that are delivered together with the Product. The Customer is therefore solely responsible for the use of the Product, and, more specifically, with regard to the
composition/ingredients, permitted quantity, combination with other products/medicines, or any medical advice that was received, and, in this respect, should himself take the initiative to check this in advance without ORTHONUTRIENTS bearing any responsibility in the matter. Moreover, the Customer is also solely responsible for determining whether or not he is allergic to one or more ingredients of which the Products of ORTHONUTRIENTS consist.
14.6. The effectiveness of the Product also depends on personal facts and circumstances, as well as the correct use, adjusted to the individual situation of the Customer. ORTHONUTRIENTS cannot guarantee the effectiveness of the Product for a Customer whose personal facts and circumstances are not known to ORTHONUTRIENTS. For example, ORTHONUTRIENTS can not be held liable if the Customer does not have a healthy sleep, even though he takes Products that facilitate a healthy sleep.
14.7. Finally, the Customer acknowledges that ORTHONUTRIENTS does not provide a guarantee that the Products comply with the regulations or requirements that apply in any jurisdiction, except for the regulations or requirements that apply in the Netherlands as applicable at the time of delivery of the Product to the Customer by ORTHONUTRIENTS. ORTHONUTRIENTS can therefore not be held responsible for subsequent amendments to the law of any nature whatsoever.
14.8. In any case, ORTHONUTRIENTS guarantees that, as a minimum, its dietary supplements are in accordance with the Dutch Commodities Act on Dietary Supplements and the associated Commodities Act Dietary Supplements.

15. Promotional campaigns
15.1. Promotional gifts by ORTHONUTRIENTS, in any form whatsoever (including, but not limited to price reductions, discount vouchers, free shipping, etc.), should always be used according to the guidelines expressly stated in this regard. In any case, these can only relate to 1 order; they are not cumulative and are personal by nature.
15.2. If the Customer makes use of his right of withdrawal for Products that were the subject of a promotional campaign, ORTHONUTRIENTS reserves the right to recalculate the price of the Products that were not the subject of the cancellation.
For example: A promotional campaign that states that the purchase of Product A enables Product B to be purchased at half price. The customer cancels Product A. In this case, the promotion conditions are no longer met, and the full price will have to be paid for Product B. In this case,in accordance with Article 7, ORTHONUTRIENTS is only required to refund the money after deducting the additional amount that was still due for Product B.

16. Force majeure/hardship
16.1. ORTHONUTRIENTS is not liable for any breach of its obligations that is caused by force majeure or hardship. Cases of force majeure or hardship are conventionally considered as: all circumstances that were reasonably unforeseeable at the time the Agreement was concluded and that are unavoidable, and that create the inability on the part of ORTHONUTRIENTS to carry out the Agreement, or that would make the implementation of the Agreement, financially or otherwise, harder or more difficult than normally anticipated (such as, but not limited to, war, natural disasters, fire, confiscation, delays on the part of third parties or bankruptcy of third parties with whom ORTHONUTRIENTS is working, overall scarcity of raw materials or Products, shortages of personnel, strikes, organisational circumstances).
16.2. The aforementioned situations entitle ORTHONUTRIENTS to apply for the revision and/or suspension of the agreement by simple written notification to the Customer, without ORTHONUTRIENTS becoming liable for any damages whatsoever. If a situation of force majeure and/or hardship lasts longer than 2 months, the parties have the right to terminate the agreement.

17. Intellectual rights:
ORTHONUTRIENTS guarantees that it possesses the required licenses to offer its product range. ORTHONUTRIENTS shall, however, retain all copyrights or the rights granted to the company with regard to its prepared designs, drawings, models, samples, photos and Products, as a result of which the Customer is not entitled to copy or use these Products for purposes other than those for which they are intended without the prior written consent of ORTHONUTRIENTS.

18. Personal data:
18.1. The customer gives ORTHONUTRIENTS permission to enter the personal data provided by the Customer into a computerised database. ORTHONUTRIENTS is hereby acting in accordance with the Dutch Law of 6 July 2000, which includes regulations regarding the protection of personal data (‘Personal Data Protection Act').
18.2. This data will be used for the purpose of carrying out information and/or promotion campaigns in connection with the services and/or Products offered by ORTHONUTRIENTS within the context of the contractual relationship between ORTHONUTRIENTS and the Customer.
18.3. The Customer may ask to consult and update his personal details at any time. If the Customer no longer wishes to receive commercial information from ORTHONUTRIENTS, the Customer should inform ORTHONUTRIENTS accordingly. The Customer may request to amend his original data at any time free-of-charge.

19. Choice of jurisdiction and competent courts
19.1. Dutch law shall apply.
19.2. Disputes are subject to the exclusive jurisdiction of the courts of the district where ORTHONUTRIENTS has its registered office, unless ORTHONUTRIENTS expressly waives this.