General terms and conditions of business
In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.
- Sterrenstof: the user of these general terms and conditions, established at Hoofdveste 2, 3992 DG Houten, registered in the Trade Register under Chamber of Commerce number 83187820.
- Consumer: any natural person, not acting in the exercise of a profession or business, with whom Sterrenstof has concluded or intends to conclude an Agreement.
- Parties: Sterrenstof and the Consumer jointly.
- Agreement: any purchase agreement concluded between the Parties through the ordering process on the Website, under which Sterrenstof has undertaken to supply Products to the Consumer at a price to be agreed upon.
- Website: https://sterrenstore.com/.
- Products: the items to be delivered by Sterrenstof to the Consumer under the Agreement, which may include various sports and nutritional supplements.
- Written: communication in writing, communication by e-mail or any other form of communication that can be considered equivalent in view of the state of the art and prevailing views in society.
Article 2 - General provisions
- These general terms and conditions apply to every offer from Sterrenstof, as published on the Website, and every Agreement concluded.
- The annulment or nullity of one or more of the provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected provision. In doing so, the purpose and scope of the original provision shall be taken into account as much as possible.
Article 3 - Offer and conclusion of the agreement
- Every offer from Sterrenstof is without obligation and is subject to sufficient availability of the Products offered.
- The Consumer cannot derive any rights from an offer from Sterrenstof that contains an obvious error or mistake.
- Without prejudice to the provisions of paragraph 1, the Agreement shall be concluded at the time that the order has been confirmed by Sterrenstof to the Consumer by e-mail.
Article 4 - Right of withdrawal
- Except as otherwise provided in the remainder of this article and in particular the following paragraph, the Consumer may terminate the Agreement in whole or in part without giving any reason up to 14 days after the Products have been received by or on behalf of the Consumer.
- The Consumer has no right of withdrawal in the case of: A) the delivery of Products that are not suitable for return for reasons of health protection or hygiene and of which the seal/direct packaging has been broken after delivery, including at least all supplements of which the direct packaging has been opened after delivery; B) the delivery of Products in respect of which the right of withdrawal is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Civil Code.
- The Consumer may terminate the Agreement by submitting a request to Sterrenstof by e-mail ( [email protected] ) or by using the model withdrawal form offered by Sterrenstof. As soon as possible after Sterrenstof has been informed of the Consumer's intention to terminate the Agreement and if the conditions of this article have been met, Sterrenstof will confirm the termination of the Agreement by e-mail.
- During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Products may only be handled and inspected as they would be allowed in a physical store.
- If the Consumer exercises the right of withdrawal, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to Sterrenstof.
- The Consumer is liable for any decrease in value of the Products resulting from a way of handling the Products that goes beyond what is permitted under paragraph 4. Sterrenstof is entitled to charge this decrease in value to the Consumer, whether or not by offsetting this decrease in value against the payment already received from the Consumer.
- The Products in question must be returned within 14 days after the Consumer has invoked the right of withdrawal in accordance with paragraph 3.
- If the Consumer exercises the right of withdrawal, the costs of returning the Products will be borne by the Consumer.
- Sterrenstof will refund the payment received from the Consumer, minus any reduction in value as referred to in paragraph 6, as soon as possible, but no later than 14 days after the termination of the Agreement, to the Consumer, provided that the Products have been received back by Sterrenstof, or the Consumer has demonstrated that the Products have actually been returned. If the right of termination is only applied to part of the order, any delivery costs paid by the Consumer in the first instance will not be eligible for refund. Furthermore, Sterrenstof is not obliged to refund the additional costs if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by Sterrenstof.
Article 5 - Delivery of the products & delivery times
- The delivery of the Products takes place by delivering them to the delivery address specified by the Consumer.
- Sterrenstof reserves the right to deliver orders in parts. In that case, any reflection period of the Consumer in connection with the right of dissolution will only commence at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the Products shall pass to the Consumer at the time the Products are received by or on behalf of the Consumer.
- Sterrenstof will make every effort to meet the delivery period agreed between the Parties. However, all delivery periods stated by Sterrenstof are to be regarded exclusively as indicative, non-fatal periods. In the event of a (expected) delayed delivery, Sterrenstof will make every effort to inform the Consumer thereof as soon as possible by e-mail. Sterrenstof will not be in default until the Consumer has given Sterrenstof written notice of default, in which notice of default a reasonable period is stated within which Sterrenstof can still meet its delivery obligation and the fulfillment thereof has still not occurred after the expiry of the latter period.
- If the agreed delivery period is exceeded, the Consumer is never entitled to refuse to accept the Products to be delivered and to fulfil the other obligations under the Agreement.
- If Sterrenstof incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will be additionally borne by the Consumer.
Article 6 - Conformity
- Sterrenstof guarantees that the Products comply with the Agreement and thus possess the properties required for normal use (conformity).
- The Consumer's right to institute a claim or defense in connection with the existence of a defect in a Consumer Purchase shall lapse if no complaint is made to Sterrenstof within two months of the Consumer discovering the defect.
- No grounds for complaints and claims for non-conformity are defects of Products as a result of a cause external to delivery or as a result of another circumstance not attributable to Sterrenstof. This includes, but is not limited to, defects as a result of damage, molestation damage, incorrect or improper storage and incorrect or improper use.
- Except as provided in Article 4, products may never be returned without prior written permission from Sterrenstof.
Article 7 - Force Majeure
- Sterrenstof is not obliged to fulfil any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views (force majeure). Force majeure is understood to mean, in addition to what is understood in law and case law, errors or shortcomings of suppliers of Sterrenstof, transport difficulties, epidemics, pandemics, illness, fire, measures by any government, violent or armed actions, disruptions in communication links or in equipment or software of Sterrenstof or third parties.
- If the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to terminate the Agreement with immediate effect.
- If, upon the occurrence of the force majeure situation, Sterrenstof has already partially fulfilled its delivery obligations, or can only partially fulfil its delivery obligations, it is entitled to separately invoice the part of the Agreement already delivered or the part that can still be delivered, as if it were an independent Agreement.
- Damage resulting from force majeure shall never be eligible for compensation, without prejudice to the application of the previous paragraph.
Article 8 - Prices & Payments
- Before the Agreement is concluded, the total price will be stated, including VAT and any delivery costs.
- Payment must be made using one of the payment methods designated by Sterrenstof and within the term stated by Sterrenstof or at the time specified by Sterrenstof.
- Sterrenstof is entitled to make the invoices to be provided to the Consumer available to him exclusively by e-mail.
- If advance payment has been agreed, Sterrenstof is not obliged to perform the Agreement until the Consumer has paid the amounts owed to Sterrenstof under the Agreement.
- If timely payment is not made, the Consumer will be in default by operation of law. From the day that the Consumer is in default, the Consumer will owe the then applicable statutory interest on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain amounts owed by the Consumer, shall be borne by the Consumer, or by another party in accordance with the Collection Costs Act.
Article 9 - Liability and indemnity
- The Consumer shall bear the damage caused by inaccuracies or incompleteness in the data provided by him. Furthermore, the Consumer shall bear the damage caused by a failure to comply with the obligations of the Consumer arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Sterrenstof.
- Sterrenstof's liability is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which Sterrenstof's liability relates, provided that this limitation does not extend further than is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
- The Consumer indemnifies Sterrenstof against any claims by third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to parties other than Sterrenstof.
Article 10 - Complaints policy
- Complaints regarding the performance of the Agreement must be submitted to Sterrenstof within a reasonable time, fully and clearly described, by e-mail ( [email protected] ).
- Complaints submitted to Sterrenstof will be answered within a period of fourteen days after receipt thereof. If a complaint or question requires a longer processing time, a response will be made within the period of fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed response.
- If a Consumer's complaint cannot be resolved by mutual agreement, the Consumer can submit the dispute to the Disputes Committee via the ODR platform ( europa.eu/consumers/odr ).
Article 11 - Final provisions
- All Products delivered by Sterrenstof to the Consumer remain the property of Sterrenstof until the Consumer has fulfilled all his payment obligations in this regard.
- Every Agreement and all legal relationships arising therefrom between the Parties are exclusively governed by Dutch law.
- Parties shall not appeal to the court until they have made every effort to resolve the dispute by mutual agreement.