ARTICLE 1 : GENERAL
1.1 The following conditions apply to the use of the website goldxlnutrition.nl and to the sale of the products of the company Gold XL, registered under company number 80038646 and with its registered office at Kastelenpad 10, 6222TB Maastricht (Netherlands).
1.2 Access to and use of this website (the website refers to goldxlnutrition.nl) and the available products and services are subject to the following conditions. By using this website, the customer accepts the terms and conditions.
1.3 These General Conditions are applicable to the entire relationship between the Buyer and the Seller (the Seller means Gold XL and the Buyer means any natural or legal person who visits the website goldxlnutrition.nl and makes an order or a purchase, regardless of the place and means used), in particular (but not limited to):
- The visit and use of the website
- All orders, deliveries and purchases made online through the websites of the seller
- The knowledge and understanding of the Seller's public statements or mass communication (i.e. advertisement).
The following actions of the Buyer imply the unconditional and full acceptance of these general terms and conditions:
- Visiting and using the website
- Any order, delivery and purchase from the Vendor
ARTICLE 2 : CONTRACT
2.1 The present general conditions apply to all contracts (the contract indicates any contract concluded between the Seller and the Buyer, in relation to the products) and prevail over the Buyer's general purchase conditions for all contracts.
2.2 All contracts are made on a personal basis between the Buyer and the Seller and (except as indicated below) may not be transferred or given away by either party to a third party without the written consent of the other. The Seller shall be free to sell or assign in any manner whatsoever any claim, demand, right or warranty it may have against the Buyer.
2.3 Relaxations or concessions which may be made by the Seller shall not have the effect of cancelling, altering or prejudicing the application of these terms and conditions in whole or in part and shall not affect the Seller's rights. The Seller shall be entitled to amend these terms and conditions at any time. The amended terms and conditions shall take effect from their first communication by any means (e.g. Website), it being understood, however, that they shall not apply to a previous purchase, nor to an order already placed.
ARTICLE 3 : ORDERS
3.1 The Buyer has the possibility of placing an order for various products that are distinguished by their characteristics and prices. The characteristics of the products are those appearing in the specifications of the Vendor, on the date of the Purchaser's order.
3.2 As the Products sold by the Seller are subject to change, the Seller may at any time modify their characteristics or components for any reason, or remove a Product from its catalogues and/or commercial documents. These modifications may occur at any time, even after the Buyer's order has been placed, as these modifications result from the application of standards, texts or regulations applicable to the Products. In such a situation, the Vendor shall inform the Buyer by any means.
3.3 The shopping cart consultation provides an overview of all products included in the order. After accessing the payment section, the purchaser is asked to enter the necessary shipping information and choose a payment method. Before the order is completed, a summary of all information relating to the order is presented. By clicking on the "Order" button, the ordering process is completed and the order is recorded.
3.4 By placing the order, the Buyer makes a firm offer to conclude a purchase contract for the products in the basket. The placement of the order confirms that the Buyer accepts these sales conditions as the only authentic ones governing his relationship with the Seller.
3.5 Any order received by the Seller will only become final after confirmation by means of an acknowledgement of receipt of the order.
ARTICLE 4 : PRICES
Without prejudice to other sales conditions mentioned below, the Products are charged at the rate in force at the time the order is placed. Prices include Dutch VAT and are subject to any other applicable taxes or levies.
ARTICLE 5 : DELIVERY
5.1 Purchase orders only become effective after acceptance of the order and receipt of payment by the Seller. No modification of orders shall be effectively accepted by the Seller.
5.2 The date or period for delivery indicated by the Seller in the Delivery section shall be considered indicative and not contractually binding on the Seller. The parties acknowledge that, after confirming or accepting an order stating a certain delivery time, due to certain circumstances resulting from changes in the availability of products, the Seller may delay the delivery date. Such a delay shall not be regarded as a breach of contract and shall therefore not give rise to compensation or to the termination or cancellation of the contract in whole or in part.
5.3 Transport and any warranty shall be borne by the Buyer, unless otherwise agreed in writing between the parties.
ARTICLE 6 : CUSTOMS DUTIES
6.1 Any order placed on the Website and delivered outside the Netherlands may be subject to taxes and customs duties which are imposed when the package reaches its destination.
6.2 These customs duties and any taxes related to the delivery of an item are the responsibility of the customer. Gold XL is not obliged to verify and inform customers about applicable customs duties and taxes. It is up to the customer to contact the competent authorities of his country.
ARTICLE 7 : RIGHT OF WITHDRAWAL
7.1 The buyer, who is not a consumer, has no right of withdrawal.
7.2 In the case of a sale to a consumer, the buyer has the right to withdraw from the contract and may invoke the right of withdrawal without penalty or costs, other than those relating to the return of the goods to the seller. If the products received are defective or not in accordance with the order, the customer must inform Gold XL within 5 days after receipt of the order via the following contact form.
7.3 The buyer has the right to withdraw the purchase of the products within 14 days after delivery. To do so, the buyer shall submit the request to Gold XL within the term.
7.4 Gold XL shall only accept the products if they are intact and in their original condition and packaging. Products that have been opened, damaged or soiled by the customer will not be refunded or exchanged.
7.5 It is up to the customer to keep a proof of return, which presupposes that the items are returned by registered post or in any other way that indicates a certain date of dispatch.
7.6 In case of an error in the communication of the delivery details, Gold XL cannot be held responsible. In case of refusal of the package by the customer, the shipping costs are applicable.
7.7 Returns should be made to the address provided by our customer service. Please send us a message before you want to return via firstname.lastname@example.org.
7.8 If the consumer returns the products on his own initiative, no transport costs will be refunded by the seller. However, the Consumer shall have no right of withdrawal in cases referred to in Section VI.53 of the Economic Code and listed below:
- When the Products have been manufactured according to the Consumer's requirements or have been clearly modified
- When the Products may deteriorate or expire rapidly
- When the Products are sealed and cannot be returned for health and safety reasons, but have not been sealed by the Consumer after delivery.
7.9 According to section VI.51 paragraph 2 of the Code of Economic Law, the consumer is only liable for the decrease in value of the goods resulting from the handling other than what is necessary to establish the nature, qualities and functioning of the products.
ARTICLE 8 : GUARANTEE
8.1. Unless otherwise agreed by the parties, the Vendor guarantees that the Products, under normal use, comply with the applicable specifications for the Products at the time they are ordered. In this context, the legal conformity guarantee for Products shall apply.
8.2 The Buyer waives all rights to warranty against hidden defects that may arise from the Seller's Products.
8.3 If any limitation on the Seller's liability is deemed ineffective under applicable law, the Seller's liability under the Contract or in connection with the Contract shall in any event be limited to the minimum amount of the purchase price as specified on the Seller's relevant invoice. In no event shall the Seller be liable for any pre-contractual, special, indirect, incidental or consequential damages.
8.4 If the Buyer has been instructed to deliver the goods to a third party, their delivery to the third party shall be deemed to have been approved by the Buyer as being in full conformity with the contract. The non-conformity of the goods reported by a third party may give rise to liability on the part of the Buyer, to the exclusion of that of the Seller.
ARTICLE 9 : PAYMENT
9.1 The Buyer shall make the payment for the Products immediately upon placing the order on one of the Seller's websites. Unless the Seller receives written notification from the Purchaser within 15 days from the date of the invoice, the invoice shall be deemed to have been accepted by the Purchaser as accurately and fully due.
ARTICLE 10: RETENTION OF TITLE
10.1 Notwithstanding the delivery of the Goods, the Seller retains title in the Products until full payment of the purchase price of the Products by the Purchaser and, more generally, until payment of all sums owed by the Purchaser to the Seller.
ARTICLE 11: FORCE OF NATURE
11. 1 The Seller cannot be held liable for delays or lack of delivery caused (directly or indirectly) by nature, even if the cause of such an event existed at the date of the Order by the Buyer or has occurred after the delivery by the Seller has been delayed for other reasons.
ARTICLE 12: INTELLECTUAL PROPERTY AND PRIVACY
12.1 Use of the web service goldxlnutrition.nl is intended for personal use only.
12.2 The Seller reserves the full, complete and exclusive property of various data transmitted within the framework of these agreements pursuant to the Law of 31 August 1998 transposing the European Directive of 11 March 1996 on the legal protection of databases.
12.3 All trademarks, texts, comments, materials, illustrations and images, visual or audio, on the Seller's website are protected by copyright, trademark law, patent law and image law. They are the full property of the Seller or its subsidiaries or associated companies
12.4 Any reproduction, in whole or in part, constitutes an infringement that may give rise to civil and criminal liability on the part of the perpetrator. Reproduction in whole or in part of the Vendor's catalogue is strictly prohibited.
12.5 The Seller reserves the right to collect data relating to the User, including order processing, dispatch of products, electronic mail, regular mail or bookings for advertising or other purposes, processing of credit card payments and customer service. However, the User has the right to access and correct his/her data.
ARTICLE 13: RESERVE WITH REGARD TO PHOTOS, CHARACTERISTICS, INFORMATION AND PRICE
13.1 The Seller will make every effort to ensure that the information and prices stated on the websites are correct and without errors. However, errors sometimes occur. In such a case, the Seller will not be obliged to conclude the contract resulting from the error in the display.
13.2 The Seller reserves the right to correct errors, inaccuracies or omissions and to change or update information at any time. Photographs and other illustrations used to present articles have no contractual value.
ARTICLE 14 - LIMITATION OF LIABILITY
14.1 The Seller will not be liable to the Buyer for any direct or indirect consequential damage to the Buyer's equipment or hardware resulting from the use of the Websites. The seller is not liable if the websites are unavailable at any time for any reason.
14.2 The seller undertakes to describe all products on the website as faithfully as possible by stating the name, description, price and/or other details of the product. The Seller cannot be held liable for direct or indirect consequences of material or typing errors or other mistakes or omissions in relation to the information published on the Website.
ARTICLE 15 - APPLICABLE LAW AND COMPETENT COURTS
15.1 The relationship between the Buyer and the Seller is governed by Dutch law.
15.2 If one or more provisions of these terms and conditions are found to be invalid or unenforceable, the remainder of such provision shall remain in full force and effect.
15.3 Any dispute arising from or related to a contract shall be submitted exclusively to the competent court in the judicial district where Gold XL has its registered office. The language of the proceedings is Dutch.
ARTICLE 16 - ONLINE DISPUTE RESOLUTION
16.1 Pursuant to Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, the consumer can go to the online platform to resolve a dispute arising from a purchased product: https://ec.europa.eu/consumers/ODR/main/index.cfm?event=main.home.