Article 1 - Definitions
1.1. These terms and conditions apply to all offers and purchase/sale agreements for products of LManagement (SportvoedingMLO).
1.2 Customer: the person with whom SportvoedingMLO has entered into an agreement.
1.3 Parties: SportvoedingMLO and Customer jointly.
1.4 Consumer: a Customer acting as a private individual.

Article 2 - Applicability
2.1 These terms and conditions apply to all quotations, offers, orders, agreements and deliveries of products by or on behalf of SportvoedingMLO.
2.2 SportvoedingMLO and Customer can only deviate from these terms and conditions if agreed upon in writing.
2.3 SportvoedingMLO and Customer explicitly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 - Prices
3.1 SportvoedingMLO applies prices in euros, including VAT and excluding additional costs such as administration or shipping costs, unless otherwise agreed upon in writing.
3.2 SportvoedingMLO may always change the prices of its services and products on its website and in other expressions.
3.3 Unforeseeable cost price increases of products or parts when offering or concluding the agreement may lead to price increases.
3.4 The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

Article 4 - Payments and payment term
4.1 The Customer must pay an invoice within 14 days of the invoice date to SportvoedingMLO, unless otherwise agreed or a different payment term is stated on the invoice.
4.2 Payment terms are strict deadlines. This means that if the Customer does not pay by the last day, he is automatically in default, without SportvoedingMLO having to send a reminder.
4.3 SportvoedingMLO reserves the right to make a delivery dependent on immediate payment or to demand advance security for the full amount of the services or products delivered.

Article 5 - Consequences of late payment
5.1 If the Customer does not pay within the agreed term, SportvoedingMLO may charge the statutory interest of 2% per month for non-commercial transactions from the day the Customer is in default, whereby a part of a month is counted as a full month.|
5.2 When the Customer is in default, he must also pay extrajudicial collection costs and any compensation to SportvoedingMLO.
5.3 The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
5.4 When the Customer does not pay on time, SportvoedingMLO may suspend its obligations until the Customer has paid.
5.5 In the event of liquidation, bankruptcy, attachment or moratorium on the part of the Customer, SportvoedingMLO's claims against the Customer are immediately due and payable.
5.6 If the Customer refuses to cooperate in the execution of the agreement by SportvoedingMLO, he must still pay the agreed price.

Article 6 - Right of reclamation
6.1 When the Customer is in default, SportvoedingMLO may invoke the right of reclamation with regard to the unpaid products delivered to the Customer.
6.2 SportvoedingMLO exercises its right of reclamation by means of a written or electronic notification to the Customer.
6.3 As soon as the Customer has been informed of the invoked right of reclamation, the Customer must immediately return the relevant products to SportvoedingMLO, unless otherwise agreed upon in writing.
6.4 The Customer pays the costs for retrieving the products in paragraph 6.3.

Article 7 - Right of withdrawal
7.1 Three statutory return periods for the right of withdrawal

1. The Customer has 14 days to cancel the order (report return).
2. After this notification, the Customer has another 14 days to actually return it.
3. The refund should take place within 14 days after the return notification.

7.2 Right of withdrawal

  1. When purchasing products, the Customer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the Customer or a representative previously designated by the Customer and made known to the entrepreneur.
  2. During the reflection period, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the Customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The Customer must do this by e-mail. After the Customer has made known that he wishes to make use of his right of withdrawal, the Customer must return the product within 14 days. The Customer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the Customer has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

7.3 Costs in case of withdrawal

  1. The Customer bears the direct costs of returning the product.
  2. If the Customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the Customer unless the Customer explicitly gives permission for a different payment method.
  3. In case of damage to the product due to careless handling by the Customer himself, the Customer is liable for any depreciation of the product.
  4. The Customer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

7.4 Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the Customer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  • that have been created by the entrepreneur according to the Customer's specifications
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • of which the consumer has broken the seal;
  • for hygiene products of which the Customer has broken the seal.
  1. Exclusion of the right of withdrawal is only possible for services:
  • the delivery of which has commenced with the express consent of the Customer before the reflection period has expired;
  • concerning betting and lotteries.

Article 8 - Right of retention
8.1 SportvoedingMLO may exercise its right of retention and in that case hold products of the Customer until the Customer has paid all outstanding invoices of SportvoedingMLO, unless the Customer has provided sufficient security for those costs.
8.2 The right of retention also applies on the basis of previous agreements whereby the Customer still owes money to SportvoedingMLO.
8.3 SportvoedingMLO is not liable for any damage suffered by the Customer due to the exercise of its right of retention.

Article 9 - Retention of title
9.1 SportvoedingMLO remains the owner of all delivered products until the Customer has paid all outstanding invoices of SportvoedingMLO with regard to an underlying agreement, including claims due to failure to comply.
9.2 Until that time in paragraph 9.1, SportvoedingMLO may exercise its retention of title and take back the goods.
9.3 Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
9.4 If SportvoedingMLO exercises its retention of title, the agreement is cancelled and SportvoedingMLO may claim compensation, lost profit and interest from the Customer.

Article 10 - Delivery
10.1 Delivery takes place while stocks last.
10.2 Delivery of online ordered products takes place at the address indicated by the Customer.
10.3 If the Customer does not pay the agreed amounts or does not pay them on time, SportvoedingMLO may suspend its obligations until the Customer pays.
10.4 In case of late payment, there is creditor's default, so the Customer cannot object to a late delivery to SportvoedingMLO.

Article 11 - Delivery time
11.1 The delivery times of SportvoedingMLO are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed upon in writing.
11.2 The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation from SportvoedingMLO.
11.3 The Customer will not receive compensation and may not cancel the agreement if SportvoedingMLO delivers later than agreed. The Customer may cancel the agreement if this has been agreed upon in writing or if SportvoedingMLO cannot deliver within 14 days, after having been given written notice to do so or if the Customer and SportvoedingMLO have agreed otherwise.

Article 12 - Actual delivery
12.1 The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 13 - Transport costs
13.1 The Customer pays the transport costs, unless the Customer and SportvoedingMLO have agreed otherwise in writing.

Article 14 - Packaging and shipping
14.1 If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before accepting the product. If the Customer fails to do so, he cannot hold SportvoedingMLO liable for any damage.

14.2 If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to SportvoedingMLO prior to transport. If the Customer fails to do so, he cannot hold SportvoedingMLO liable for any damage.

Article 15 - Storage
15.1 If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

15.2 Any additional costs as a result of premature or late acceptance of products are entirely for the account of the Customer.

Article 16 - Warranty
16.1 The warranty on products only applies to defects caused by faulty manufacturing or construction or faulty material.

16.2 The warranty does not apply:

  • in case of normal wear and tear
  • for damage caused by accidents
  • for damage caused by changes made to the product
  • for damage due to negligence or improper use by the Customer
  • when the cause of the defect cannot be clearly determined

16.3 The risk of loss, damage or theft of the products that are the subject of an agreement between parties, passes to the Customer at the moment they are legally and/or actually delivered, at least come into the power of the Customer or of a third party who receives the product on behalf of the Customer.

Article 17 - Exchange
17.1 The Customer may exchange a purchased item. The following conditions apply:

  • exchanges take place within 14 days of purchase, whereby the Customer can show the original invoice
  • the product is returned in its original packaging
  • the product has not yet been used

17.2 Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.

Article 18 - Indemnification
18.1 The Customer indemnifies SportvoedingMLO against all claims from others related to the products delivered by SportvoedingMLO.

Article 19 - Complaints
In case of complaints, the Customer should first contact the entrepreneur. If the web store is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the Customer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this web store has a current membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the Customer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the Customer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the Customer to the relevant committee.

19.1 The Customer must examine a product delivered by SportvoedingMLO as soon as possible for any shortcomings.
19.2 If a delivered product does not comply with what the Customer could reasonably expect, the Customer must inform SportvoedingMLO thereof within 1 month after discovering the shortcoming.
19.3 A Customer must inform SportvoedingMLO of the shortcoming no later than 2 months after discovering it.
19.4 The Customer provides as detailed a description as possible of the shortcoming, so that SportvoedingMLO can respond appropriately.
19.5 The Customer must prove that the complaint relates to an agreement between the Customer and SportvoedingMLO.

Article 20 - Notice of default
20.1 The Customer must make any notice of default known to SportvoedingMLO in writing.
20.2 The Customer is responsible for ensuring that his notice of default actually reaches SportvoedingMLO on time.

Article 21 - Customer liability
21.1 When SportvoedingMLO enters into an agreement with several Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 22 - SportvoedingMLO liability
22.1 SportvoedingMLO is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
22.2 If SportvoedingMLO is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
22.3 SportvoedingMLO is not liable for indirect damage, such as consequential damage, lost profit or damage to third parties.
22.4 If SportvoedingMLO is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance has been concluded or no damage amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
22.5 All images, photos, colors, drawings, descriptions on the website are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 23 - Forfeiture period
23.1 Any right of the Customer to compensation from SportvoedingMLO expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 24 - Dissolution
24.1 The Customer may cancel the agreement if SportvoedingMLO culpably fails to fulfill its obligations, unless this shortcoming does not justify the dissolution due to its special nature or minor significance.
24.2 If fulfillment of SportvoedingMLO's obligations is still possible, dissolution can only take place after SportvoedingMLO is in default.
24.3 SportvoedingMLO may cancel the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or if SportvoedingMLO has become aware of circumstances that give it good reason to assume that the Customer will not fulfill his obligations.

Article 25 - Force Majeure
25.1 In addition to Article 6:75 of the Dutch Civil Code, a shortcoming on the part of SportvoedingMLO cannot be attributed to SportvoedingMLO by the Customer if there is a situation of force majeure.
25.2 Force majeure situations as referred to in paragraph 1 include:

  • a state of emergency such as civil war or natural disaster
  • non-performance or force majeure of suppliers, delivery services or others
  • power, electricity, internet, computer or telecommunications failures
  • computer viruses
  • strikes
  • government measures
  • transport problems
  • bad weather conditions
  • work stoppages

25.3 If a force majeure situation occurs that prevents SportvoedingMLO from fulfilling 1 or more obligations to the Customer, these obligations will be suspended until SportvoedingMLO can fulfill them.
25.4 From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and SportvoedingMLO may cancel the agreement in whole or in part in writing.
25.5 SportvoedingMLO is not obliged to pay any compensation to the Customer in a force majeure situation, even if SportvoedingMLO benefits from it.

Article 26 - Amendment of the agreement
27.1 If it is necessary for the execution thereof to amend a concluded agreement, the Customer and SportvoedingMLO may adjust the agreement.

Article 27 - Amendment of general terms and conditions
27.1 SportvoedingMLO may amend these general terms and conditions.
27.2 SportvoedingMLO may always implement minor changes.
27.3 SportvoedingMLO will discuss substantial changes with the Customer as much as possible.
27.4 A consumer may terminate the underlying agreement in the event of a substantial change to the general terms and conditions.

Article 28 - Transfer of rights
28.1 The Customer cannot transfer any rights from an agreement with SportvoedingMLO to others without the written consent of SportvoedingMLO.
28.2 This provision applies as a clause with proprietary effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 29 - Consequences of nullity or voidability
29.1 If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
29.2 A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what SportvoedingMLO had in mind when drawing up the terms and conditions on that point.

Article 30 - Applicable law and competent court
30.1 Dutch law applies to these general terms and conditions and every underlying agreement between the Customer and SportvoedingMLO.
30.2 The court in the district where SportvoedingMLO is located has exclusive jurisdiction to hear any disputes between the Customer and SportvoedingMLO, unless the law stipulates otherwise. 

 

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