General terms and conditions
General Terms and Conditions of Viking Nutrition B.V.
Definitions
- Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
- Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Continuing Performance Contract: A distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
- Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
- Distance Contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
- Means of Distance Communication: Means that can be used for concluding a contract, without the consumer and the entrepreneur being in the same place at the same time.
Article 1: General
1.1 These terms and conditions apply to every offer and every transaction between Viking Nutrition B.V. and its customers regarding the sale of goods and/or the provision of services.
1.2 Amendments to these terms are only valid if expressly agreed upon in writing and apply solely to the specific transaction for which they are made.
1.3 Transfer of rights or obligations from contracts between Viking Nutrition B.V. and third parties requires prior written consent from Viking Nutrition B.V.
1.4 Deviating terms of the customer are not recognized unless explicitly accepted in writing by Viking Nutrition B.V.
Article 2: Offers
2.1 All offers from Viking Nutrition B.V. are non-binding and valid as long as stock lasts. Specific deadlines in offers may be withdrawn by Viking Nutrition B.V., even after order confirmation, provided this is done within 5 working days.
2.2 Information in marketing materials is indicative and not binding on Viking Nutrition B.V.
Article 3: Agreements
3.1 Agreements only bind Viking Nutrition B.V. after written confirmation. The agreement includes the offer, the order confirmation, and these general terms and conditions.
3.2 Additional orders after the main order cancels previously agreed delivery terms.
3.3 Electronic communication can constitute a valid agreement, notwithstanding signatures.
3.4 Orders over €50 qualify for free shipping; for lower orders, a surcharge of €6.95 applies.
3.5 Free products included with orders cannot be returned for cash or credit.
Article 4: Prices
4.1 All prices are in euros, including VAT and other costs related to the agreement, excluding shipping costs.
4.2 Changes in cost factors may be passed on by Viking Nutrition B.V. after the agreement has been concluded. Price increases exceeding 10% entitle the customer to terminate the agreement.
4.3 In case of obvious pricing errors, Viking Nutrition B.V. reserves the right to charge the correct price.
Article 5: Payment
5.1 Payments can be made online via the specified methods. Invoice payments are possible under specific conditions and must be paid within 14 days.
5.2 If the payment term is exceeded, the customer is in default without further notice.
5.3 Viking Nutrition B.V. may charge interest on the outstanding amount from the due date.
5.4 All judicial and extrajudicial collection costs are at the expense of the customer.
Article 6: Right of Withdrawal
6.1 This article defines the terms consumer, cooling-off period, right of withdrawal, and distance contract in accordance with the specifications in the introduction.
6.2 Consumers may withdraw from the contract within 14 days without giving reasons. This right does not apply to business customers.
6.3 The period starts from the moment of receipt of the product or the last delivery in the case of multiple deliveries.
6.4 The right of withdrawal can be exercised via a standard form or an unambiguous statement.
6.5 Products must be returned unused and in their original packaging. The customer bears the direct cost of returning the goods unless otherwise indicated by Viking Nutrition B.V.
6.6 Refunds will be made within 14 days of the withdrawal, including standard shipping costs.
Article 7: Delivery and Risk
7.1 Viking Nutrition B.V. aims to ship orders the same day if placed before 20:00. Delivery times are indicative.
7.2 Not at home during delivery? The procedure described will be followed, with possible additional costs for non-pickup.
7.3 Different conditions may apply to international deliveries.
7.4 Delivery times may be delayed due to unforeseen circumstances. If delivery fails, Viking Nutrition B.V. may charge the customer for storage costs.
Article 8: Execution
8.1 Viking Nutrition B.V. undertakes to perform the agreement competently.
8.2 Viking Nutrition B.V. is allowed to subcontract work or transfer the agreement to third parties.
8.3 The customer must provide Viking Nutrition B.V. with all necessary information in a timely manner.
Article 9: Warranty
9.1 Products meet the agreed specifications and standard usage requirements. Specific usage guarantees must be explicitly agreed upon.
9.2 In case of damage upon receipt or incorrect delivery, the customer is entitled to return or replacement.
9.3 The customer is responsible for following usage instructions.
9.4 The warranty is void in cases of misuse, negligence, or non-compliance with financial obligations.
Article 10: Inspection
Before delivery, Viking Nutrition B.V. inspects all goods. Customers have the right to conduct a prior inspection at their own expense.
Article 11: Breach of Contract and Suspension
11.1 Viking Nutrition B.V. may dissolve or suspend an agreement in case of breach of contract by the customer, bankruptcy, seizure, or failure to provide security.
11.2 Security may be required if Viking Nutrition B.V. deems it necessary for the execution of the agreement.
Article 12: Retention of Title
Goods remain the property of Viking Nutrition B.V. until full payment has been received.
Article 13: Liability
13.1 Viking Nutrition B.V. is not liable for indirect damage unless caused by intent or gross negligence.
13.2 Liability is limited to the transaction amount, with a maximum of €5,000.
13.3 Advice is non-binding and without guarantee.
13.4 Complaints must first be addressed by Viking Nutrition B.V. before accepting liability.
Article 14: Force Majeure
14.1 Force majeure includes unforeseen circumstances such as natural disasters, war, government measures, and supply chain issues.
14.2 Force majeure may lead to suspension or dissolution of the contract without compensation.
Article 15: Severability
Invalid provisions do not affect the validity of the remaining terms. Parties will replace invalid provisions with new ones that closely approximate the original intent.
Article 16: Jurisdiction
16.1 Viking Nutrition B.V.'s location is the governing jurisdiction for fulfilling obligations.
16.2 Dutch law applies.
16.3 Disputes will be submitted to the competent court in Rotterdam, unless otherwise prescribed by law.
Article 17: Reviews
Reviews are welcomed but must adhere to guidelines such as relevance, respect, and authenticity. Viking Nutrition B.V. reserves the right to moderate reviews.